 bill no 188 of 1985· the agricultural and processed food products export cess bill, 1985it  billto p7'ovide for the levil cmd collection, by w"si of oeis, of a duty of cultom& em the ezport of certain agricultural clrd processed food proclvdl fo'r the developmeftt and promotion of their upon and for matter, connected therewith be it eaacted by parliament in the tbirty-sixth year of the republic of india as follow:-5 1 (l) this act may be called the agricultural and processed food sban products export cess act, 1985 title, extent and (2) it extends to the whole of india commen (3) it shall come into force on such date as the central government cement may, by notification in the oftlcial gazette, appoint a (1) in this act, unless the context otherwise requirelj,-dead! tiona (b) "scheduled product" means any product 1'vr \&ae time being included in the schedule to the agricultural and procelsed food produ::1:s export development authority act, 1985 (2) all words and expressions used in this act and not defined, but defined in the agricultural and processed food products export deve-5 lopment authority act, 1985 shall have the meanings respectively assigned to them in that act outl of cui-toms on scheduled products 3 (1) there sbai1 be leviecl aud collected by way of a cess for the purposes of the agricultural lind processed food productll export development authority act, 1985, a dut, of customs at lueh rate not exceed- 10 iag three per cedt ad valo~m as the central govenuneot ioay, by notification in the official gazette, specify,' on all seheduled produdl, which bre exported (2) the dutim of customs levied uuder sub-section (1) on the scheduled products shall be in addition to any cess or daty leviable od '5 such scheduled products under any other law for the time beinc in fofte (3) the llrovisions of the customs act, 1962 and the rules and re-52 of 11182 culations mad  thereunder, including those relating to refuinds and exemptions {rom duty shall, as far as may be, apply in relatiqll to the ,levy and collection of the!' duty o[ customs leviable under sub-section (1) to as they apply in relation to the levy and collection of the duties of eustoma wuier that ad ortholoc rules and regulations 4 the proceeds of the duties of customs levied under sectiqn 3 sjaaj1 first be credited to the consolidated fund of india and the central' govemment may, if parliaments b,- appropriation made by law in this behau, 110 providetl pay to the authority, from time to time, from out of loch pr0-ceeds, after deducting the expedses od collections, such sums 0( _odey  g5 it may think fit for beil1g utilised for the purposes of the agricultural and credit of proceeda of duties to cod bolidateci fwid ofindla p~es~ food products :eltpon developlll8nt authority act, 1m  to th~and ~ro-cj?sse) 100 bill 1985 (to, be/~s ,fntroduoed in l,{ sabha)1 page 1, in the long title of the bill,-after "way of" insert "a" 2 page 2, line 25,-fi2j: "parliament s" ~rui ''par'l1a:nent, " !ci "p ro vid ed " ~ "p ro vid e s " 4 page 2, line 2?,-ill "c'j 11 ections ii ~"rollection " 5 page 4, line 18,-!ot "come ir ~ "some" , page 5, line 2,-ru "clause (3)" ~ "clause 311 7 }--ige 'j, line 7,-m"f1n::na e1,a 1" te5!d "fin,n cia 1 "  8 pijge;j -" line 9,-after "0 f" 1n ~ if rt "i egi,slat 1 ve " 9 p~ge 5, line 10,- ~ "noml n ~ "normal" 10 inthe docket page,-3fter "way nf" insert "a" new ii:lhi· , no vellber 28, 198'5, agral'llyana 7, 1907 (~kc1)  statement of objects & reasonsthis bill is complementary to the agricultural and processed food products export development authority bill, 1985 the agricultural and processed food products export development authority bill, 1985 seeks to provide for, the establishment of an authority to be called the agricultural and pl'ocelmed }4"ood products export development authority and empower that authority to promote export of agricultural and processed food products in order to ensure that the said authority has necessary resources to dtscharge its functions, this bill seeks to provide for the levy by way of a cess of a duty of customs on all the scheduled products which are exported the intention is to make over,' after due appropriation by parliament by law, the proc~ of' the cess to the said authority to enable it ttl discharge its functions effectively 2 the bill seeks tq achi~ve the above objectives nrw·dilm; aluun singh with a ,  iew to ensuring that the agricultural and proces&ed food products export development authority provided for in the agricultural and processed food products export development authority bill, 1985, has necessary resources to discharge its functions, this bill seeks to provide for levying by way of a cess, a duty of customs at such rate not exceeding 3 per cent ad valorem as the central government may, by notification in the official gazette, specify on all scheduled products which are exported (vide clause 3 of the bill) the proceeds of the above-mentioned duty wi~ be paid into the consolidated fund of india under clause 4 of the bill, the central government may, if parliament, by appropriation· made by law in this behalf so provides, pay to the authority from time to time out of such proceeds, after deducting th¢ expenses· or collection, such sums of money as it may think fit for being utilised for the purposes of the agricultural and processed food products export development authority act 2 the collection of the above~mentioned duty of customs wilt involve come expenditure from the consolidated fund of india it is not possible at this stage· to estimate the amount of such expenditures that will depend upon various contingencies such as the actual duty of customs levied on the scheduled produets, the quantity of the scheduled products which may be exported, etc however, it is tentatively esti~ mated that the cost of collection of the duty of customs would be about 2 per cent of the proceeds from this duty taking the total amount of duty of customs collected at ro; 100 lakhs per annum on an average, the expenl'l~'s of collection of the duty of customs would be about rs 2 lakhs as only the balance of the proceeds after deducting the cost of the collection may be utilised for making payment to the authority, there will, in fact, be no net out~go from the consolidated fund of india 3 the expenditure on the collection of the duty will be of recurring nature and the bill does not involve any other expenditure whether of a reeurring or a non~recurring nature   '  clause (3) of the bill empowers the central goverrunent to specify the actual rate (not exceeding three per cent ad tmilorem) of the duty of customs which shall be levied and collected on' all scheduled products which are exported  , 2 the rate of actual duty depends upon the varying relevant circumstances and also on the finanacial requirements, from time to time, of the agricultural and processed food products export development authority the delegation of power to the 'cent~l government is thus of a noma} character i ',:",  ," - ~    a billto provide for the levy and collection, by way of cess, ot a duty of customs on the export of certain agricultural and processed food products for the development and promotion of their export and for matters connected therewith ,  (bhri a,;utt singh, minister of commerce) 