 bill no 79 of 2008 the agricultural and processed food products export development authority (amendment) bill, 2008 a billto amend the agricultural and processed food products export development authority act, 1985be it enacted by parliament in the fifty-ninth year of the republic of india as follows:¯ 1 (1) this act may be called the agricultural and processed food products export development authority (amendment) act, 2008short title and commencement(2)   it shall be deemed to have come into force on the 13th october, 2008amendment of section 22 in the agricultural and processed food  products export development authority act, 1985 (hereinafter referred to as the principal act), in section 2,¯(a) in clause (g), for the words "scheduled products", the words "scheduled products or, as the case may be, special products" shall be substituted;(b) in clause (i), for the words "the schedule", the words "the first schedule"shall be substituted;(c) after clause (i), the following clause shall be inserted, namely:¯'(j) "special product" means any of the agricultural or processed food products included in the second schedule'3   for section 3 of the principal act, the following section shall be substituted, namely:—substitution of new sectionfor section 3power toamend theschedule5"3 the central government may, having regard to the objects to this act, and if it considers necessary or expedient so to do, by notification in the official gazette, add to, or, as the case may be, omit from, the first schedule or the second schedule any agricultural or processed food product and on such addition, or as the case may be, omission, such product shall be, or shall cease to be, a scheduled product or special product as the case may be"amendment of section 4104  in section 4 of the principal act, in sub-section (4), in clause (h), for sub-clause(iii), the following sub-clause shall be substituted, namely:—"(iii) other scheduled products or special products industries;"5  after section 10 of the principal act, the following section shall be inserted, namely:—insertion of new section 10a15functions in respect of special products, etc '10a  without prejudice to any law for the time being in force, it shall be the duty of the authority to undertake, by such measures as may be prescribed by the central government for registration and protection of the intellectual property rights in respect of special products in india or outside indiaexplanation¯   for the purpose of this section, "intellectual property" means any right to intangible property, namely, trade marks, designs, patents, geographical indications  or any other similar intangible property, under any law for the time being in force'20amendment of section 326 in section 32 of the principal act, in sub-section (2), after clause (h), the following clause shall be inserted, namely:¯"(ha) the measures for registration and protection of the intellectual property rights under section 10a;"257  the schedule to the principal act shall be numbered as the first schedule and after the first schedule as so numbered, the following schedule shall be inserted, namely:¯amendment of the schedule "the second schedule[ see section 2(j)]basmati rice" 8 (1) the agricultural and processed food products export development authority(amendment) ordinance, 2008 is hereby repealedrepeal and savingord 8 of 20082 of 1986(2) notwithstanding such repeal, anything done or any action taken under the principal act, as amended by the said ordinance, shall be deemed to have been done or taken under the said act, as amended by this act statement of objects and reasonsthe agricultural and processed food products export development authority was established in the year 1986 through an act of parliament, namely, the agricultural and processed food products export development aurhority act, 1985 to undertake measures for the development and promotion of export of the specified agricultural and processed food products2 several attempts have been made by some foreign traders and manufacturers to obtain intellectual property rights in respect of "basmati rice" by filing applications for registration of trademarks or grant of patents which would have adversely affected the exports of the indian basmati such infringements are also apprehended in other agricultural products there is, therefore, a need to register and protect the intellectual property rights of all the stakeholder in specified indian agricultural and processed food products it is considered necessary to amend the agricultural and processed food products export development authority act, 1985 to empower the said authority with the mandate to undertake the steps for registration and protection of the intellectual property rights in respect of specified agricultural and processed food products in view of the urgency, the agricultural and processed food products export development authority (amendment) ordinance, 2008 was promulgated on the 13th october, 2008 which was lapsed on the 27th november, 2008 however the government decided to bring the present legislation for the said purposes hence the present bill3 the salient features of the proposed legislation are as follows:—(i) it empowers the agricultural and processed food products export development authority to undertake measures as may be prescribed by the central government for registration and protection of the intellectual property rights in respect of the special products in india and outside india;(ii) it empowers the central government to appoint, by notification in the official gazette, the representatives of industries engaged in special products as members on the agricultural and processed food products export development authority;(iii) it provides for the protection of the intellectual property rights of a new category of agricultural or processed food products to be called "special products" included in the proposed second schedule to the said act basmati rice is the first such product;(iv) it provides that the central government may, by notification in the official gazette, add or omit any product from the existing schedule (which has been renumbered as the first schedule, which is of consequential nature) and the proposed second schedule 4 the bill seeks to achieve the above objectivesnew delhi;jairam  rameshthe 16th december, 2008 memorandum  regarding  delegated  legislationclause 3 of the bill proposes to amend section 3 of the agricultural and processed food products export development authority act, 1985 so as to empower the central government to add or omit any agricultural or processed food product in the proposed first schedule or the second schedule of the act by a notification in the official gazette2 clause 5 of the bill empowers the central government to make rules by notification in the official gazette for the measures to be undertaken by the agricultural and processed food products export development authority for registration and protection of intellectual property rights in respect of special products in india or outside india3 the matters in respect of which the notification may be issued or rules may be made are generally matters of procedure and administrative details and it is not practicable to provide for them in the bill itself the delegation of legislative power is, therefore, of a normal character annexure extracts from the agricultural and processed food products export development authority act, 1985 (2 of 1986)    2 in this act, unless the context otherwise requires,—definitions    (g) "processing" in relation to scheduled products includes the process of preservation of such products such as canning, freezing, drying, salting, smoking, peeling or filleting and any other method of processing which the authority may, by notification in the official gazette, specify in this behalf;    (i) "scheduled product" means any of the agricultural or processed food products included in the schedulepower to amend schedule3 the central government may, having regard to the objects of this act, and if it considers necessary or expedient so to do, by notification in the official gazette, add to, or, as the case may be, omit from, the schedule any agricultural or processed food product and on such addition, or as the case may be, omission, such product shall be, or shall cease to be, a scheduled product chapter ii agricultural and processed food products export development authority4 (1)     (4) the authority shall consist of the following members, namely:—establishment and constitution of the authority    (h) twelve members to be appointed by the central government to represent,—     (iii) other scheduled products industries;     32 (1)     power to make rules(2) in particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—     ———— a billto amend the agricultural and processed food products export development authority act, 1985————(shri jairam ramesh, minister of state in the ministry of commerce and power)gmgipmrnd—4480ls (s5)—17122008