 the agricultultal and processed food products export develcjpment authority bill, 1985 , :,r arltangement of clauses chapter i preliminary clauses1 short title, extent and commencement 2 definitions 3 power to amend schedule  chapter iiagricultural and procissed food products export development a\tftdilry 4 establishment and constitution of the authority 5 salary and,allowances and other conditions of service of chairman and allowances of members 6 chairman to be chief executive 7 secretary of the authority and other staff 8 special provision for transfer of employees to the authorit-y 9 committees of authority 10 functions of the authority 11 power to supersede the authority  chaptejt iii registration12 registration of exporters 13 application, cancellation, fee payable and other matters relating to registration 14 returns to be made by exporters  chapter iv finance, accounts and auditclauses 15 grants and loans by the central government 16 constitution of agricultural and processed food products export development fund,  clavses17 borrowing powers of the authority 18 accounts and audit  chaprer v coh'j'llll)i"8t cmrrral govaioairr19 power to prohibit or control import and export of scheduled products ~o directiodl by central government 21 returns and re~rts  chapter vi miscellaneovs22 penalty for making false reports 23 penalties for obstructing a member or officer of the authority in the discharge of his duty and for failure to produce books and records 24 other pell8lties, 25 offences by companies 26 jurisdiction of court 27 previous saneti~ of central government 28 protection of action taken in good faith  29 power to delegate 30 suspension of operation of this jwt 31 application of other laws not barred 32 power to make rules 33 power to make regulations 34 rules and regulations to be lad before parliament the shedule  ' c'i:- be/as introduced j 11 10k sabha)1 page (1), against cl 1use no 9,-after "c'olllditteps r" insert "the" 2 plge (ii), line 5,-o fill "(bnt ro 1 by" insert 'tt he" 3 pagg (ii), ag~inst clause nq2~,­after ''directions by" insert ''the'' 4 page (ii), aga:1nst clause no 27,-aft er "sancti::>n of" in sert "t he" 5 page (ii), 3gainst clause no 34,-rs:u: "l3d" ~ "laid" ' page (i1), line 1 fron bottom,-!ql: - "the sliedule" ~ "the· schedule" 7 page 2, line 20,-n:u: "vid,,:-d y the regul~t1ons" ~ itt') be, a schedul~d pi'i'jduct " 8 - p'9g e ~, liu e ~,-!q1: lip erp t u:ll" l:f@d ''p ei"l;> at w 1 " 9 page 3, line 35,-tel 11 sub- clause (i)" ~ "sub-<:13uses (i)" 10 p:lgs 6, line g,_ tar ilarise" ~ ilnriscs tl 11 p':1ge (l, in the illargino:ll heading to clause 9,-ilftex "cbmn1t tees of" insert "the" to the affircultua'1l ai';'!) pqocessed ideo producrs expo_~t de'j:j:lopm'8l'4t authaiity bill, 1985 c1o-belas 1ntcqdllcpd in lpk s:abha) 1 page 3, line 21,-nu: ''h':)rticul tural" reru1 "horti cui ture" 2 pag~ 5, line 12,-' ~ "fbod eioorts" ~ "fbod s bxport" 3· page 1 "\ -, line 11, -~ "fbod exports" ~ " ebo n s expo rt " 10  page 15, line 3,-!qr '!'orticul ture" ~ "f1oricul ture" ~ew delhi· , agrahayana 11, 1907 (saka)   a billto prookie for the establishment of an authority for the development ad ~ticm of upoi-ts of certain agricultural and procebbed food products 4ftd for maffe1"$ connected therewith be it enacted by parliament ~n the thirty-sixth year of the republic of illdia as follows:-chapter i  pltdiminary- 1 (1) this act may be called the agriaultural and p~ed food short products export development authority act, 1985 title extent (2) it extends to the whole of·india and coin-(3) it shall come into forte on such date as the central govemmeat mence may, by notification in the ojbcial gazette, appoint, and different dates ment ie ~y be qpointed for difte~nt provi$ions of this act z in this act, unless the context qtherwiae requirel,-deftdl-(a) "autlaority" means tbe agricultural and processed food tiolul products export development authority established under section 4; (b) uchairman" mean~ the chairman of the authority; (c) "export" llleans taking out of india by land, sea or air; (d) "exporter" means a person registered as an exporter of scheduled products under section 12; 1 (e) "member" means a member of the authority and includes the chairman; 5 (f) "prescribed" mean's prescribed by rules made under this act; (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 ihe authority may, by notification in the official 10 gazette, specify in this behalf;   (11) "regulations" means regulations made under this act; (i) "scheduled product" means any of the agricultural or processed food products included in the schedule power to amend schedule 3 the central government may, having regard to the objects of this 15 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, emission, such product shall be, or shall cease vided by the regulations 20  chapter 11agricultural and processed food products export development atrmority _ 4 (j) with ('ifect fro~ such date as the central govemment may, by notiication in the official gazette, appoint in this behalf, there s1lau be 25 estahlished for the purposes of this ad, an authority to he ealled the agricnltural and rroeessed food products ekport development authority eatapllshment and eoaaltution of the authority (2) the authority shall be a body corporate by the name aforesaid,· having perptual succession and a common seal, with power to acquire, hold and dispose of property, both movable and immovable and to con- 30 tract, and shall by the said name sue and be sued~ (3) the head office of the authority shall he at delhi and the authority may with the previous approva! of tlie central governdl~nt, estabush offices or age-ncies at other places in or outside india _  (  4)_,thc authorit)' shall cq~8ist of the following members, namely:  35 (a) q chairman, to he appointed by the central gov8i'dnient; (b) th(> alp'icultural 1\farketinlf adviser to the go~nt ,t jndia~ ex-officio;   (c) one member to be appointed hy the celltral government to rep~ent the planning clmmission: 40 (d) thre~ melnbers of parliament of whom two shall he eleeted 1;y the house of the people and oue hy the couiadlof states; (e) eight nlcmbers to be appointed by the central govel'ddlellt to represent, respectively, the ministries of the central gov8l'1u11e1lt deal· ing with-, _ t_i (i) agriculture and rural development; (li) commerce; ( hi) finance; (iv) industry; (v) food, (vi) civil supplies; ~vii) civil aviation; ie (viii) sbipping and tnmsport; (f) five members to he appointed by the central govenunent by rotation in the alphabetical order to l'epresent the states and the union territories: - 15 provided that an appointment under this clause shall be made on the ret'ommendation 01 the govel'djlledt of the state, or as the case may be, the union territory concerned: (g) seven members to be appointed by the ceutral govel'djllent to represent,--' (i) the indian cottncil of agrleultural research; 10 (ii) the notional horticultural board; (iii) tile national agricultural co-operative marketing federation: (v) the indian institute of packaging; (t~) the spices export promotion council; and ("ii) the cashewnut export promotion couneil; (h) twehe members to he appointed by the central govel'dld8dt to represent,-(i) fruit lind vegd::lble products iudustries; (ii) meat, pqultry and dairy products industries: (iii) other scbedujed products industries; (iv) packaging industry: s5 provided that the number of members appointed to repre&ellt any of the groups of industries speclfted in sub-ela1lle (i) to (,ui) or the industry specified il sub-clause (ilv) shall in no ease be leu than two; (i) two members to be appointed by the central government from amongst specialists and scientists in the field of agrieulture, eeanomies and marketing of scheduled proclueta (5) the term 01 orico or the members, otber than the member referred to ;'<1 clause (0) or suo-section (4) and the manne~ of filllnc ~'acanc:ies nmong, and the pl'ocedure to be followed in the discharge of tbeiriunctiolls by, ule members sball be such as may be prescribed (6) any officer of the central government, not being a member of 5 the authonty, when deputed by that government in this behalf, shall have the rlgnt to attend meetings of the authority 4ij1d take part in the proceedings thereof but shall not be entitled to vote (7) no act or proceeding of lhe authority or any committee appointed by it under section 9 shal! be invalidated merely by reason of-10 (a) any vacancy in, or any defect in the constitution of the authority or such l' lmmittee; or (b) any 'defect in the appointment of a person acting as a member of the authority or such committee; or (c) any irregularity in  the procedure of the authority or such 15 committee not aftecting the meri~ of the case (8) the authority shall meet at such times and places and shall observe such rules 01 procedure in regard to the transaction of business at its meetings (incllding the quorum at its meetings) as may be pro-i vided by the regulations io 5 (1) 'ihe chairman shah be entitled to such salary and allowances aud shall be subject to such conditions of service in respect of leave, pension, pro\'ide'1t fund and other matters as may, from time to time, be fixed by the central (iovenjment (2) the other members of the authority shall receive such allowances sis as may be fixed by tbe central government  '  salary iia4 allowances and other conclitiodi of aervice of chairman and allow';' ances of members (3) a member, other than the ex officio member, may resign his oftlce by giving notice thereof in writing to the central government and on such resignation being accepted, he shall be deemed to have vacated his oefice so ~ the chairman shall be the chief executive of the authority and shall ex~cise such powers and perform such duties as may be prescribed  chairman to be chief exeoutive 7 (1) the central government shill appoint a seeretary to the authority who sh,n exercise &uch powers and perform iueh duties as may he prescribed or as mny be delegated to him' by the chairman s5 secretary of the authority ad other ltd (2) thesearetary shldl be entitled to such salary  ud auowbdcea d _hall be subject to such conditions of service in respect of leave, pension,  pmvident tfund add such· other matters as may, from time to time, be fix8d by the central government (3) subject to such control and restrictions as may be presedhed, dle 40 authority may appoint such other o8leen y    1da7 be deeei881'y, for the efticient performance of its fuaetions and the method of appoirtment, the scale of pay and allowances and other conditions ef service of stich other officers and employees of the authority siiail be such 8s may be provided by the authority by regulations 5 (4) the chairman, the secretary and other officers and employees of the authority shall not undertake any work unconnected with th~ir duties under this act except with the permission of the central government   8 (1) on the ~stablishment of the authority, it shall be lawful for the ro central government to transfer to the authority, by order, and with   eff~t from such dale or dates as may be specified in the order, any officer or other employee holding office as' such in· the processed food exports promotion council (hereafter in this section referred to as the councu) imm~diately before the date on which the authority is established: special provision for traz tarot esn-, to the authority < 15 provided that the scale of pay of the post in the authority to which such officer or other employee is ttansferred shall not be lower than the scale of pay of the post he was holding immediately before such transfer and the other terms and conditions of service (including pension, leave, provident fund and mettical benefits) of the post to which he is transferred ·sh:a11 not be less favourable than the terms and conditions of service 10 in relation to the post held by him immediately before such transfer  (2) an order under sub-section (1) may be made so as to have retrospective effect from a date not earlier than the date of the commencement of this ad (3) before any order is issued under sub-section (1), all officers and employees of the council shall be given an option to express, in such 15 form ~ may l)e prescribed, and within such time as may be specified in that behalf by the central government, their willingne;;s or otherwise to become employees of the authority and such option once exercised shall be final: provided that no ord  under sub-section· (1) shall he made in relation go' to any officer or other employee of the council who has intimated his intention of not becoming an employee of the' authority withih the time ·specifi!d in that behalf: provided further that such of the officers and employees of the council who do not exj)ress within the time specified in that behalf their int'!ntion of becoming the employees of the authoritv, shall be dealt with in s5 the same manner and in accordance with thl'! same laws and standinj! orders as would have applied immediately before the commencement of thi!\ act to the emolovees of the council in tl-te event of' the reaucuon of the strength of the officers and employees of the council (4) an officer or other emplove~ transferned by an order made under subsection (1) shall i on and from th~ date of transfer, cease to be an 40 emoloyee of the council and become an officer or other emoloyee' of the authority with such desi~ation as the authority mav determino and shall subject to the provisions of the proviso to sub-section (1) be governed by the regulations made by the authoritv under this act in respect t of remuneration and other conditions i)f' service (inc1uding pension 45 leave, provident fund and medical benf'flts) and shan c'ont!nue to be an ~ - o~cer or other employee of the authority unless and until his employ-i  me"t"t is duly terminated by the authoritv:  provided that till such time as the regulations referred to above governing the conditions of service of its offi~ers or other employees are framed by the authority, the relevant laws and standing orders applicable to the officers and employees of the council shall continue to be applicable to them 5 (5) if a question arise whether the terms and conditions of service prescribed in the regulations framed by the authority in respect of any matter, including remuneration, pension, leav~, provi~ent fund and medical benefits, are less favourable than those attached to the post held by an officer or other employee immediately before his transfer to the autho- 10 rity, the decision of the 'central government in the matter shall be final t (1) the authority may appoint such committees as may be necessary for the efticient discharge of its duties aiid performance of its functions under this' act com· mittee of authority (2) the authority shall have the power to co-opt as members of any 15 committee appointed under sub-section (1) such number of persons, who are not members of the authority, as it may think fit and the persons so co-opted shall have the right to attend the m'!etings of the committee and take part in its proceedings but shall not have the right to vote (3) the persons co-opted as members of a committee under sub- 20 section (2) shall be entitl'!d to receive such allowances for attending meetings of the committee as may be fixed by the central government nmctioaa o! the authority 10 (1) it shall be the duty of the authority to undertake, bysucn measures a~ it thinks fit, tbe development and promotion, under the control of the central government, of export of scheduled products 25 , (2) without prejudice to the generality of the provisions of subsection (1), the measures referred to therein may provide for-(a) the development of indumes relating to the seheduled produet  for export by way of providin2 financial assistance or otber wille for undertakinl!' survey~ and feasibility studies, partieioatio~ in so ~ equity eapital througb joint ventures and other re1ief1ll and subsidy schemes; (0) the registration of persons as exporters of the scheduled products on payment of such fees as may be prescribed; (e) the fixing of standards and specifications for the sclieduled 35 products for the purposes of export; (d) th~ carryin~ out of insdection of meat and meat products in anv slauslhter house, processina plant, stora'le premises, conveyances or other places where such products are kept or h~ndled for  the purpose of ensuring the qual~ty of such products; ee) the improvi~g of packatng of the scheduled products; (1) the imprt;>vine of tbe marketing of the scheduled products outside india; (gf the promotion of export oriented production and development of the scheduled products; 45 (h) the collection of statistics from the owners of factories, or establisliments engaged in the production, processing,packaging, marketing or export of the scheduled products or from such other persons as may be prescribed on any matter relating to the scheduled products; and the publication of the statistics so collected, or of any portions thereof or extracts therefrom i 5 (i) the training in various aspects of the industries connected with the scheduled products; (j) such other matters as may be prescribed 11 (1) if the central government is of the opinion that the authority is unable to perform, or has persistently made default in the performance power to super sede the au~ho­rity 10 of, the duty imposed on it by or under this act or has exceeded or abused its powers, or has wilfully or without sufficient cause, failed to comply with any direction issued by the central government under section 20, the central government may, by notificati()n in the official gazette, supersede the authority for such period as may be specified in i~ the notification: provided that before issuing a notification under this sub-sect: :ln, the central government shall give reasonable time to the authority to rhow cause why it should not be superseded and shall consider the explanation and objections, if any, of the authority ~o (2) upon the publication of a notification under sub-section '(1) superseding the authority,-(a) all the members of the authority shall, notwithstanding, that their term of office has not expired as from the date of ~uper­session, vacate their offices as such members; 25 (b) all the powers and duties which may, by or under the provisions of this act, be exercised or performed by or on behalf of the authority shall, during the period of supersession, be exercised and performed by such person or persons as the central government may direct; , 30 (e) all property vested in the authority shall, during the period of supersession, vest in th'e central government (3) on the expiration of the period of supersession specified in the notification issued under sub-section (1), the central government may-(a) extend the period of supersession for such further period as ~5 it may consider necessary; or (b) reconstitute the authority in the manner provided in section 4  chapter iii registrationregistration of exporter • 40 12 (1) every person exporting anyone or more of the scheduled products shall, before the expiration of one month from the date on which he undertakes such export or before the expiration of three months from the date of coming into force of this section whichever is later, apply to the authority to be registered as an exporte'r of the sche-45 duled product or scheduled products: provided that the authority may, for suflicient reason, extend the time-limit for registration by such period as it thinks fit ·(2) registration once made shall continue to be in foree until it is cancelled by the authority 13 -:qtie form of application for registration under section 12 an~ fol" the cancellation of such registration, the fee payable on 'such applications, the particulars to be included in such applications, the procedure to be 5 followed in granting and cancelling registration and the registers to be kept by the authority shall be such as may be prescribed application, cancellation, fee payable and other matters relating to regiatra-\ion 14 (1) every exporter, referred to in sub-section (1) of section 12, shall furnish to the authority at the prescribed time and in the prescribed manner such returns as may be prescribed io returns lode made· by ex-,rters (2) the authority may authorise a member or any o~ its ofticers to inspect any processing plant or any other establishment of the exporter at any time to verify the accuracy of any return made under thm section  chapter tv finance, accounts and auditgrants or loans by the central 15 the central government may, after due appropriation madl" by parliament "y law in this behalf, pay to the authority by way of grants or loans such sums of money as the central government may think fit for beidg utilised for the purposes of this act gove~ ment 16 (1) tliere shall be formed a fund to be called the agricultural !20 and processed ,food products export development fund and there shall be credited thereto-(a) any sums of money which the central government may, after due appropriation made by parliament by law in this behalf, provide from and out of the proceeds of cess credited under section !21: 4, of the agricultural and processeid food products export cess ad, :> 1985, after deducting therefrom the expenses of collection of the cess and the amount, if any, refunded; constitutionol agri-cultural and procesaed food product j:xport development f\md, (b) all fees levied and collected in respect of registration and 0 other matters under, this act or the rules made thereunder,j 3 r  (e) any grants or loans that may be made by the central gov ernment for the purposes of thh aet under section 15; and  (d) any grmtb or loans that may be made by any state gov emmeilt,  volnntary organisation or other institutiod for the pul'posetl of this a~t; provided that no such grant, loan or donation shall be credited to the fund except with the prior approval of the central government (2) the fund shall be applied for-(4) meeting the cost of the measures referred to in section 5 10; (b) meeting the salaries, allowan<:es and other remuneration of the members, officers and other employees, as the case may be, of the authority; (c) meeting the other administrative expenses of the autho-10 rity and any other expenses authorised by or under this act; and (d) repayment of any loan 17 subject to such rules as may be made in this behalf, the authority shall have power to borrow on the security of the agricultural and processed food products export development fund or any other asset for 15 carrying out the purposes of this act borrow- power of the autho· rity accounts and audit 18 (1) the authority shall maintain proper accounts and other relevant records and prepare an annual statement of accounts, in such form as may be prescribed by the central government in consultation with the comptroller and auditor-general of india 20 (2) the accounts of the authority shall be audited by the comptroller and auditor-general of india at such intervals as may be specified by him and any expenditure incurred in connection with such audit shall be payable by the authority to the comptroller and auditor-general (3)tbe comptroller and auditor-general of india and any person 25 appointed: by him in connection with the audit of the accounts of the authority shall have the same rights and privileges and the authority in connection with such audit as the comptroller and auditor-general generally has in connection with the audit of government accounts and, in particular, shall have the right to dema~ the production of books, 30 accounts, connected vouchers and other documents and papers and to inspect any of the offices of the authority (4) the accounts of the authority as certified by the comptroller and auditor-general of india or any other person appointed by him in this behalf together with the audit report thereon shall be forwarded annual-35 iy to the central government and that government shall cause the same to be laid before each house of parlilment  chaprer v control by the central goveltnment19 (1) the central government may, by order published in the official gazette, make provision for prohibiting, restricting or otherwise controlling the import or export of the scheduled products, either generally 5 or in specified classes of cases (2) all scheduled products to which any order under sub-sectien (1) applies, shall be deemed to be goods of which the export has been prohibited under section 11 of the customs act, 1962, and all the provisions of that act shall have effect accordingly 52 of 10 196:! power to pro- , hibit or control imports and exports of scheduled products 12 of 1982 i~ (3) if any person contravenes any order made under sub-section (1), he shall, without prejudice to any confiscation or penalty to which he may be liable under the provisions of the customs act, 1962, as applied by sub~ion (2), be punishable with imprisonment for a term which may extend to one year, ·or with fine, or with both direc-20 the authority shall carry out such directions as may be issued to it from time·to time by the central government for the efficient administration of this act ~ions by the central government returns and reports 21 (1) the authority shall furnish to· the central government at 110 such time and in such form and manner as may be prescribed or as the central government may direct, such returns and statements and such particulars in regard to any proposed or existing programme for the promotion and development of the export of the scheduled products, as the central government may, from time to time, require (2) without prejudice to the provisions of sub-section (1) , th~ 25 authority shall, as soon as possible, after the end of each financial year, submit to the central government a report in such form and betore such date, as may be prescribed, giving a true and full account of its aetivities,· policy lind programmes during the previous flnancilu year (3) a copy of the report received under sub-section (2) shall be so laid, as soon as may be, after it is received, before each house of par-  hament   chapi'er vi miscellaneous12; any person who; being required by or under this act to furnish 35 any return, fails to furnish such return or furnishes a return containing mly particular which is false and which he knows to be false or does not believe to be true shall be punishable with fine which may extend to five hundred rupees z3 any person who-5 (4) obstructs any member authorised by the chairman in writing or any officer or other employee of the authority authorised in this behalf by the central government or by the authority, in the exercise of any power conferred, or in the discharge of any ~uty imposed on him by or under this act; or penaltieb for obstructine a member or otficer of the autho-(b) having control over or custody of any account book or other rity in record fails to produce such book or record when required to do so the disby or under this act, charge of his 10 shall be punishable with imprisonment for a term which may extend to six months, or with fine which may extend, to one thousand rupees, or witll both d~ty' and for failure to produce booke and records other penaltiel 24 whoever contravenes or attempts to contravene or abets the contravention of the provisions of this act or of any ruies made thereunder 15 other than the provisions, the punishment for the contravention whereof has been provided for in sections 19, 22 and 23, shall be punio;hable with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both and in the case of a cohtinuing contravention with an additional fine which 20 may extend to fifty rupees for every day during which such contravention eontinues after conviction for the first such contravention 01fenc~ by companies 25 (1) where an offence under this act has been committed by a company, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of 25 the business ef the company as well as the company shall be deemed to be guilty of the offence and &ball be liable to be proceeded against and punished accordingly: provided that nothing contained in this sub-section shall render any such person liable to any punishment, if he proves that the offence 30was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence  , (2) notwithstanding anything contained in sub-section (1), w;here an offence under this act has been committed by a company and it is proved that the offence has been committed with the consent or con-35 nivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer of the compa·ny such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly 40 explanation-for the purposes of this section-(a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner 'in the' ftrm 26 no court inferior to that of a metropolitan magistrate or a magistrate of the first, class shall try any offence punishable under this act jurisdictiod of court %'1 no prosecution for any offence punishable under this act shall be instituted except with the previous sanction of the central govern-5 ment prerioui sanctica otthe central < governmenl protection of aetlod 'iiiba mcood faith 21 no suit, prosecution or other legal proceedings shall lie against the central government, or the authority or any committee appointed by it or any member of the authority or such committee, or any officer or other employee of the central government or of the authority or any other 10 person authorised by the central government or the authority, for anything which is in good faith done or intended to be done under this act or the rules made thereunder pqwer to delegate 21 the central government may, by order published in the official gazette, direct that any power exercisable by it under this act (not 15 being the power to make rules under section 32) may also be exercised in such cases and subject to such conditions, if any, as may be specified in the order, by such officer or authority as may be specified therein suapension of operation oftbja act 30 (1) if the central government is 'satisfied that circumstances have arisen rendering it necessary that certain of the restrictions im- 20 posed by this act should cease to be imposed or if it considers necessary or expedient so to do in the public interest, it may, by notification in the official gazette, suspend or relax to such extent and either indefinitely or for such period as may be specified in the notification, the operation of all or any of the provisions of this act 25 (2) where the operation of any provision of this act has under sub-section (1) been suspended or relaxed indefinitely, such suspension or relaxation may, at any time while this act remains in force, be re-1!u,ved by the central goverrunetit by notification in the oftlcial g~~ ~ 31 the provisions of this act shall be in addition to and not indero-&atiob of the provisions of any other law for the time being in force arill-·' uaa of othtl' 1  dot barred power 32 (1) the central government may, by notification in the official tomu,e " gazette, make rules for carrying out the purposes of this act nil • (2) in particular, and without prejudice to the generality of the fore- 35 ,oing power, such rules may provide for all or any of the following matters, namely:-(a) the term of oftlce of the members [other than the member referred to in clause (b) of sub-section (4) of section 4] the manner of mting vacancies' among, and the procedure to be followed in the 40 dilcharge of their functions by the members, under sub-section (5) , ectum 4; i • (b) the powers which may be exercised a~d the duties whick may be performed by the chairman as the chief executive of the authority under section 6; (e) the powers which may be exercised and the duties which shall be performed by the secretary of the authority under subsection (1 ) of section 7; (d) the control and restrictions subject to which other offtcers and employees may be appointed by the authority under subsection (3) of rection 7; 10 (e) the form in which and the time within which option may be given by the officers and employees of the processed food export\! promotion council under sub-section (3) of section 8; (f) payment of lees for the registration of exporters of scheduled products under clause (b) of sub-section (2) of section 10; 15 (g) persons ,other than the owners from whom the collection of statistics in respect of any 'matter relating to scheduled products may be made under clause (h) of sub-section (2) of section 10; (h) the additional matters in respect of which the authority may undertake measures in the discharre of its functions under 110 clause (j) of sub-section (2) of section 10; (i) the form and the manner of making application for registration and for cancellation of registration, the fee payable on such application and the procedure to be followed in granting and cancelling registration and the conditions governing such regis  25 tration, under section 13; (;) the time at which and the manner in which an exporter shall furnish returns to the authority under sub-section (1) of section 14; (k) the form in which the accounts of the authority shall be maintained under sub-section (1) of section 18; 30 - (l) the form and manner in which and the time at whicli the authority shall furnish returns and statements to the central government under sub-section (1) of section 21; (m) the form in which and the date before which the authority shall furnish to the central gov!!mment the report of its actf-35 vities and 'pro,gramme under sub-section (2) of section 21; (n) any other matter which is to be or may be prescrfbe~ under this act, ' 33 (1) the authority may, with the previous sanction of tlie central government, bv notification in the official gazette, make regulations 40 not inconsistent with the provisions of' this act and the rules made thereunder, to provide for all matters for which provision is neceasary or expedient for the purposes of giving effect to the provisions of tlu a~  (2) in particular, and without prejudice to the generality of the foregoing powers, such regulations may provide for all -or any of the following matters, namely:-(a) the times and places at which meeting!! of the authority or any committee thereof, shall be held and the procedure to be 5 followed thereat and the number of members which shall form a quorum at a meeting under sub-section (8) of section 4; (b) the method of appointment, the conditions of service and the scales of pay and allowances of any of the officers and other' employees of the authority under sub-section (3) of section 7; 10 (c) generally for the efficient conduct of the affairs of the authority (3) the central government may, by notification in the oftlcial gazette, modify or rescind any regulation sanctioned by it gnd tlte regulation so modified or rescinded shall have effect only in such -modi- 15 fled form or be of no effect· as the case may be; so, however, that any such modification or rescission shall be without prejudice to the validity of anything done under the regulation before its modification or rescission ~ ewry ~ and every regulation made under this act shall· be ao laid, as soon as may be after it is made before each house of parua-rul_ and re-,wationa to be laid before parliament o ment, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of thc! session immediately following the session or the successive sessions aforesaid both houses agree in making any modifi- 25 cation in the rule or regulation, as the case may be, or both houses agree that the nile or regulation, as the case may be, should not be made, the rule or regulation shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of any- so thing previously done under that rul~ or regulation  the schedule[see section 2 (ii)] 1 fruits, vegetables and their products 2 meat and meat products 3 poultry and poultry products 4 dairy products 5 confectionary, biscuits and bakery products 6 honey, jaggery and sugar products 7 cocoa and' its produ~ts, chocolates of all kinds 8 alcoholic and non-alcoholic beverages 9 cereal ptoducts 10 cashewnuts, gl'oundnuts, peanuts and walnuts 11 pickles, chutneys and papads 12 guar gum 13 forticulture and floriculture products 14 herbal and medicinal plants agricultw'al se~tor of the economy contributes significantly to our expotts and would have to continue to do so increasing reliance shall, however, have to be placed on exports of agricultural and processed food products which lead to higher realisation through added value value addition would also generate econom~c activity and employment in the country 2 although the potential for exports of processed food products is good, there have been several constraints inhibiting its growth the food processing industry is by and large in the small scale sector using technology of processing and packaging which is outdated in order to have a stable market, it is necessary to guarantee the strict standards of quality expected by importing countr:es and to maintain consistency this ~'ould require inputs of research technology' and a considerable degree of organi- sational effort 3 at present the processed foods export promotion council looks after exports of these products the council does not have any statutory backing to undertake quality control it is also not equ!pped to generate production of value added products or to effectively promote their exports it has, therefore, been considered necessary to replace the council by a statutory authority to be designated as agricultural and processed food products export development authority it will co-ordinate its activities with the national bodies like horticulture board and state govenments for generating production for export and with research institutes for development of value added products it would also be able to undertake quality certification and unify the existing jnspection and quality control for products su('h as meat and ment products 4 in order to enable the author~ty to discharge its functions effectively it is proposed, by a separate bill, to provide for the levy by way of a cess of the duty of the customs on all the scheduled products which are exported the intention is to make over, after due appropriation by parliament, by law the proceeds of the cess to the authority 5 the authority is proposed to be constituted, among others, with representatives of the central and state governments, parliament, trade, export promotion councils and specialists in the field the main fwictions proposed to be assigned to this authority are to develop processed food industry by way of providing flnancial assistance for undertaking surveys and feasibility studies, participation in the equity capital through joint ventures and other relief and subsidy schemes, registration of exporters ot the scheduled products, flxing of standards and specifications for scheduled products for purposes of exports, carrying out inspection of meat and meat products in any slaughter house, processing plant, etc, improvement iii packaging of scheduled products and marketblg of the products outside india and promotion of export-oriented productlnn and product development of scheduled pl'oducts the bill contains a provision that it shall be the duty of the authority to provide, by such measures 31> it thinks fit, the development and promotion under the control of the central government, of export of agticul tural and processed food productstncluded in the sch~ale thereof'ln8:inly with a view to enabl:ng it to undertake the activities mentioned above power has also been taken for the central government to prohibit or· rontrol the imports and exports of the scheduled products : 6 "the bm' seeks' to a~hiev~ the above objects i new delhi; arjun singh the 16th rtovember, 1985 clause i-this clause specifies the title of the act, "the extent of its application and date of its commencement clause 2-this clause contains the definitien of v8rioljs words and expressions used in the act clcwse 3-this clause empowers the central govemment to amend the list ot products specified in the schedule clause 4-this clause errapowers the central government to establish and constitute an authority to be called the agricultural and pr0-cessed food export promotion council to administer the act (hereinafter referred to as the authority) olause 5-this clause empowers the central government to fix the ealary and allowances and other conditions of service of the chairman of the authority  clause 6-this clause lays down that the chairman shall be the chief executive of the authority alld shall exercise such powers and perform such duties as may be prescribed clause 7-this claulle empowers the central government to appoint 8 secretary" to the authority and prescribe his powers and duties, salaries and allowances and other conditions of service clause 8-this clause empowers the central govemment to transfer employees of the processed food export ~motion council to the au"thority  clause 9-this clause provides for the constitution of its committees by the authority clause io-this clause defines the functions of the authority clause it-this clause provides for the supersession of the authority by the central government clause 12-this clause provides for compulsory registration of· exporters of scheduled products clause 1'3-this clause deals with the procedure of registration of exporters and the fees payable for such registration claube 14-this clause provides tor the submission of periodical retums by exporters clause 15-th1s cjause enables the central government" to pay " trant and loans and" other sums of money to the authority clause 16-this clause provides for the constitution of agricultural add processed food products export developmpnt f'und claube 17-this clauae enables the authority to borrow funds clat&be 18-this clauae deals with the maintenance of proper account by the authority and its audit by the comptroller and auditor: general of india  c14ue 19-'llwi clauae enables the central government to prohibit, restrict or otherwise control; import or export of scheduled products clause 20-this clauje empowers the central government to issue ctirections to the authority for the eftlcient administration of the act clause 21-this clause requires the authority to furnish periodical returns and reports to the central government clause 22-this clause provides for penalties for making false reports clause 23-this clause provides for penalties for restricting a 'tlember or officer of authority to discharge of his duty and for failure to produce books and records clause 24-this clause provides for penalties for the contravention of the provisions· of the act other than those provided for in clauses 19, 22 and 23 and for contraventions of rules made under the act c'ause 25-this clause fixes criminal liability on the directors and officers of companies ~or the offences committed by the companies clause 26-this clause deals with the jurisdiction of criminal courts to try oftencel under the act clause 27-this clause lays down' that the previous sanction qf the central government would be neceasary fpr production under the ad clause 28-this clautle provides for protectiod to the government, the authority and any members and offtcers thereof for anything done· oj:' intended to be done in good faith under the act clause 29-this clause empowers the central government to delegate its powers (except power to make rules) to any omcer or authority clause 30-this clause empowers the central govemment to suspend or relax in public interest any restriction imposed by the act clause sl-this clause lays down that the provision of the act shall be· in addition to and not in derogation of the provisions of any other law)  cl41u1e 32-this clause empowers the central government to make rules· for· carrying· out the purposes of the act czawe 33-this clause empowers the authority to make regulations for the purpose of giving effect to the· provisions of the act  clawe m-tbis clause lays down that every rule and regulation made under the act shall be laid before each house of parliament  sub-clauses (1), (3) and (4) of cliluse 4 of the bill pr~vide respectively for the establishment, offices and cbnstitution of·the agricultural proces·~ sed food products export development authority clause 5 provides that the chairman of the authority shall be entitled to such salariefl and allowances as may be fixed by the central government the allowances payable to the other members w~ll have to be prescribed by rules undel' clause 32 of the bill clause 7 provides for the appointment of tlie secretary, other offi-:-ers; and employees of the authority the secretary wilj be entitled to such salaries and allowances as may be determined by the central government the other officers and employees' of the authority will be entitled to such salaries and allowances as may be ~rovided for by regulations under clause 33 (2) (b)  2 clause 10 provides for the functions of the authority and these include, inter-alia, the development of industries relating to scheduled products for export by way of providing financial assistance or otherwise for undertaking surveys· and feasibility studies, participation in the equ~ty capital through joint ventures and other reliefs and subsidy schemes 3 the afore-ment~oned provisions of the bill involve expenditure towards:-(a) payment of salaries allowances, etc, of the chairman, members, offtcers and other employt=es qf the authority, and (b) meeting other administrative expenses of the authority including expenses for discharging its functions 4 clause 16 of the bill provides for the constitution of a fund to be called the agricultural and processed food products ·export development fund and the f)1nd is to be applied for meeting the afore-mentioned· expenditure the fund will consist, inter alia of various fees· which will be collected by the authority, the sums paid to it by the central government (vide clause 15) or by nay person ~'1d the sums realised by the authority in the discharge of its functions  5 it is not possible at the present stage to °ndicate the expenditure involved however, it is estiinated that a non-recurring expenditne of rs 20,00,000/- is likely to be incurred inwally on the establishment of the authority a recurring ejtpedditure of about rs 80;00,000/- per annum" is likely to be incurred by the authority when the authority expands its activities, its expenditure may in"rea"e the authority will meet its expenditure from its own fund" and~ payr:a'let\ts mac1e to it by the ce~t~al government after due appropriation made· by parliament· by law· in that behalf  clause 3 of the bill empowers the central government to add to, or omit from, the schedule to the bill any agricultural or processed food product 2 clause 5 empowers the central government to fix salary and allowances of the chairman and allowances of other members of the agricultural and processed food products export development authority 3 clause 9 empowers the central government to fix the allowance ilf the co-opted members attending the meetings of the committees of the authority 4 clause 32 gives power to the central government to make rules to carry out the purposes of the legislation the matters in respect of which rules may be made relate, inter alia, to thetrem af office and other conditions of service of the members of the authority, the powers which may be exercise and the duties which may be performed by the chairman as the chief executive of the authority and also by the secretary of the authority, the control and restrictions subject to which other officers and employees of the authority may be appointed; the form in which option may be given by the officers and employees of the' processed food exports promotion council; the payment of fees for the registration of exporters ot scheduled products; the form and manner in which the account of the authorit; are to be maintained and other matters of procedural or administ~ti'v nature 5 clause 33 empowers th~ authority to ,make, regulatiol)s not in~ consistent with the proposed legisl~ti,~n and ~e rul,es ~4~ thereunder for' enabling the authorit~ to' di~a~s~  its ~~tions the matters in relation to which the authority may make regulations have been detailed in sub-clause (2) of the clause the matters, inter alia, relate to the times and places at which meetings of the authority or any committee thereof shall be held and the procedure to be followed thereat; the method at appqintment, the conditions of service and the scale of pay and allowances of the officers and employees of the authority 6 the delegation of power under clau!'le 3 is considered necessary with a view to enable the central government to effect necessary chanqes in the schedule to meet the requirements of changing conditons of international market and thereby promote the export of agricultural and processed food products the delegation of legislative power under the remaining clauses relates to administrative detail and procedure and is of routine nature the delegation of legislative power involved is, therefore, of a normal character  - billto provide for the tabliahment of an authority for tbe dewlopment and promotion of exports of certain agricultural and prooell8d food products and for matters connected therewith 