THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT 
AUTHORITY ACT, 1985 

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ARRANGEMENT OF SECTIONS 

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CHAPTER I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

3. Power to amend Schedule. 

CHAPTER II 

AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY 

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 Authority. 

9. Committees of the Authority. 

10. Functions of the Authority. 

10A. Functions in respect of Special products, etc. 

11. Power to supersede the Authority. 

CHAPTER III 

REGISTRATION 

12. 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 AUDIT 

15. Grants or loans by the Central Government. 

16. Constitution of Agricultural and Processed Food Products Export Development Fund. 

17. Borrowing powers of the Authority. 

18. Accounts and audit. 

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CHAPTER V 

CONTROL BY THE CENTRAL GOVERNMENT 

SECTIONS 

19. Power to prohibit or control imports and exports of Scheduled products. 

20. Directions by the Central Government. 

21. Returns and reports. 

CHAPTER VI 

MISCELLANEOUS 

22. 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 penalties. 

25. Offences by companies. 

26. Jurisdiction of court. 

27. Previous sanction of the Central Government. 

28. Protection of action taken in good faith. 

29. Power to delegate. 

30. Suspension of operation of this Act. 

31. Application of other laws not barred. 

32. Power to make rules. 

33. Power to make regulations. 

34. Rules and regulations to be laid before Parliament. 

35. Validation. 

THE FIRST SCHEDULE. 

THE SECOND SCHEDULE. 

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THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT 
AUTHORITY ACT, 1985 

ACT NO. 2 OF 1986 

[8th January, 1986.] 

An Act to provide for the establishment of an Authority for the development and promotion of 
exports  of  certain  agricultural  and  processed  food  products  and  for  matters  connected 
therewith. 

BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:— 

CHAPTER I 

PRELIMINARY 

1.  Short  title,  extent  and  commencement.—(1)  This  Act  may  be  called  the  Agricultural  and 

Processed Food Products Export Development Authority Act, 1985. 

(2) It extends to the whole of India. 

(3)  It  shall  come  into  force  on  such  date1  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint, and different dates may be appointed for different provisions of this Act. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a)  “Authority”  means  the  Agricultural  and  Processed  Food  Products  Export  Development 

Authority established under section 4; 

(b) “Chairman” means the Chairman of the Authority; 

(c) “export” means taking out of India by land, sea or air; 

(d) “exporter” means a person registered as an exporter of  Scheduled products under section 12; 

(e) “member” means a member of the Authority and includes the Chairman; 

(f) “prescribed” means prescribed by rules made under this Act; 

(g)  “processing”  in  relation  to  2[Scheduled  products  or,  as  the  case  may  be,  Special  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; 

(h) “regulations” means regulations made under this Act; 

(i)  “Scheduled  product”  means  any  of  the  agricultural  or  processed  food  products  included  in 

3[the First Schedule]; 

4[(j) “Special product” means any of the agricultural or processed food products included in the 

Second Schedule.] 

5[3. Power to amend the Schedule.— 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.] 

1. 13th February, 1986, vide notification No. S.O. 55(E), dated 13th February, 1986, see Gazette of India, 1986, Extraordinary,       

Part II, sec. 3(ii). 

2. Subs. by Act 20 of 2009, s. 2, for “Scheduled products” (w.e.f. 13-10-2008). 
3. Subs. by s. 2, ibid.,  for “the Schedule” (w.e.f. 13-10-2008). 
4. Ins. by s. 2, ibid. (w.e.f. 13-10-2008).  
5. Subs. by s. 3. ibid., for section 3 (w.e.f. 13-10-2008).  

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CHAPTER II 

AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY 

4. Establishment and constitution of the Authority.—(1) With effect from such date as the Central 
Government may, by notification in the Official Gazette, appoint in this behalf, there shall be established 
for  the  purposes  of  this  Act,  an  Authority  to  be  called  the  Agricultural  and  Processed  Food  Products 
Export Development Authority. 

(2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and a 
common seal, with power to acquire, hold and dispose of property, both movable and immovable, and to 
contract, and shall by the said name sue and be sued. 

(3)  The  head  office  of  the  Authority  shall  be  at  Delhi  and  the  Authority  may,  with  the  previous 

approval of the Central Government, establish offices or agencies at other places in or outside India. 

(4) The Authority shall consist of the following members, namely:— 

(a) a Chairman, to be appointed by the Central Government; 

(b) the Agricultural Marketing Adviser to the Government of India, ex officio; 

(c)  one  member  to  be  appointed  by  the  Central  Government  to  represent  the  Planning 

Commission; 

(d) three members of Parliament of whom two shall be elected by the House of the People and 

one by the Council of States; 

(e)  eight  members  to  be  appointed  by  the  Central  Government  to  represent,  respectively,  the 

Ministries of the Central Government dealing with— 

(i) agriculture and rural development; 

(ii) commerce; 

(iii) finance; 

(iv) industry; 

(v) food; 

(vi) civil supplies; 

(vii) civil aviation; 

(viii) shipping and transport; 

(f) five members to be appointed by the Central Government by rotation in the alphabetical order 

to represent the States and the Union territories: 

Provided  that  an  appointment  under  this  clause  shall  be  made  on  the  recommendation  of  the 

Government of the State, or as the case may be, the Union territory concerned; 

(g) seven members to be appointed by the Central Government to represent,— 

(i) the Indian Council of Agricultural Research; 

(ii) the National Horticulture Board; 

(iii) the National Agricultural Co-operative Marketing Federation; 

(iv) the Central Food Technological Research Institute; 

(v) the Indian Institute of Packaging; 

(vi) the Spices Export Promotion Council; and 

(vii) the Cashewnut Export Promotion Council; 

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(h) twelve members to be appointed by the Central Government to represent,— 

(i) fruit and vegetable products industries; 

(ii) meat, poultry and dairy products industries; 

1[(iii) other Scheduled products or Special products industries;] 

(iv) packaging industry: 

Provided  that  the  number  of  members  appointed  to  represent  any  of  the  groups  of  industries 
specified in sub-clauses (i) to (iii) or the industry specified in sub-clause (iv) shall in no case be less 
than two; 

(i)  two  members  to  be  appointed  by  the  Central  Government  from  amongst  specialists  and 

scientists in the field of agriculture, economics and marketing of Scheduled products. 

(5)  The  term  of  office  of  the  members,  other  than  the  member  referred  to  in  clause  (b)  of                

sub-section  (4)  and  the  manner  of  filling  vacancies  among,  and  the  procedure  to  be  followed  in  the 
discharge of their functions by, the members shall be such as may be prescribed. 

(6) Any officer of the Central Government, not being a member of the Authority, when deputed by 
that Government in this behalf, shall have the right to attend meetings of the Authority and take part in the 
proceedings thereof but shall not be entitled to vote. 

(7) No act or proceeding of the Authority or any committee appointed by it under  section 9 shall be 

invalid merely by reason of— 

(a) any vacancy in, or any defect in the constitution of, the Authority or such committee; 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 committee not affecting the merits of 

the case. 

(8) The Authority shall meet at such times and places and shall observe such rules of procedure in 
regard  to  the  transaction  of  business  at  its  meetings  (including  the  quorum  at  its  meetings)  as  may  be 
provided by the regulations. 

5.  Salary  and  Allowances  and  other  conditions  of  service  of  Chairman  and  allowances  of 
members.—(1) The Chairman shall be entitled to such salary and allowances and shall be subject to such 
conditions of service in respect of leave, pension, provident fund and other matters as may, from time to 
time, be fixed by the Central Government. 

(2) The other members of the Authority shall receive such allowances as may be fixed by the Central 

Government. 

(3)  A  member,  other  than  the  ex  officio  member,  may  resign  his  office  by  giving  notice  thereof  in 
writing to the Central Government  and on such resignation being accepted, he shall be deemed to have 
vacated his office. 

6. Chairman to be chief executive.—The Chairman shall be the chief executive of the Authority and 

shall exercise such powers and perform such duties as may be prescribed. 

7.  Secretary  of  the  Authority  and  other  staff.—(1)  The  Central  Government  shall  appoint  a 
Secretary to the Authority who shall exercise such powers and perform such duties as may be prescribed 
or as may be delegated to him by the Chairman. 

(2)  The  Secretary  shall  be  entitled  to  such  salary  and  allowances  and  shall  be  subject  to  such 
conditions  of  service  in  respect  of  leave,  pension,  provident  fund  and  such  other  matters  as  may,  from 
time to time, be fixed by the Central Government. 

1. Subs. by Act 20 of 2009, s. 4, for sub-clause (iii) (w.e.f. 13-10-2008). 

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(3)  Subject  to  such  control  and  restrictions  as  may  be  prescribed,  the  Authority  may  appoint  such 
other officers and employees, as may be necessary, for the efficient performance of its functions and the 
method  of  appointment,  the  scale  of  pay  and  allowances  and  other  conditions  of  service  of  such  other 
officers and employees of the Authority shall be such as may be provided by the Authority by regulations. 

(4)  The  Chairman,  the  Secretary  and  other  officers  and  employees  of  the  Authority  shall  not 
undertake  any  work  unconnected  with  their  duties  under  this  Act  except  with  the  permission  of  the 
Central Government. 

8. Special provision for transfer of employees to the Authority.—(1) On the establishment of the 
Authority, it shall be lawful for the Central Government to transfer to the Authority, by order, and with 
effect from  such  date  or  dates as  may  be  specified  in  the  order,  any  officer  or  other  employee  holding 
office as such in the Processed Foods Export Promotion Council (hereafter in this section referred to as 
the Council) immediately before the date on which the Authority is established: 

Provided that the scale of pay of the post in the Authority to which such officer or other employee is 
transferred 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 
medical  benefits)  of  the  post  to  which  he  is transferred  shall  not  be  less favourable  than  the  terms  and 
conditions of service 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 Act. 

(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  form  as  may  be  prescribed,  and  within  such  time  as  may  be 
specified in that behalf by the Central Government, their willingness or otherwise to become employees 
of the Authority and such option once exercised shall be final: 

Provided  that  no  order  under  sub-section  (1)  shall  be  made  in  relation  to  any  officer  or  other 
employees of the Council who has intimated his intention of not becoming an employee of the Authority 
within the time specified in that behalf: 

Provided further that such of the officers and employees of the Council who do not express, within 
the time specified in that behalf, their intention of becoming the employees of the Authority, shall be dealt 
with in the same manner and in accordance with the same laws and standing orders as would have applied 
immediately before the commencement of this Act to the employees  of the Council in the event of the 
reduction of the strength of the officers and employees of the Council. 

(4)  An  officer  or  other  employee  transferred  by  an  order  made  under  sub-section  (1)  shall,  on  and 
from  the  date  of  transfer,  cease  to  be  an  employee  of  the  Council  and  become  an  officer  or  other 
employee of the Authority with such designation as the Authority may determine and shall, subject to the 
provisions of the proviso to sub-section (1), be governed by the regulations made by the Authority under 
this Act in respect of remuneration and other conditions of service (including pension, leave, provident 
fund and medical benefits) and shall continue to be an officer or other employee of the Authority unless 
and until his employment is duly terminated by the Authority: 

Provided that till such time as the regulations referred to above governing the conditions of service of 
its  officers  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)  If  a  question  arises  whether  the  terms  and  conditions  of  service  prescribed  in  the  regulations 
framed by the Authority in respect of any matter, including remuneration, pension, leave, provident 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 Authority, the decision of the Central Government in the 
matter shall be final. 

9.  Committees  of  the  Authority.—(1)  The  Authority  may  appoint  such  committees  as  may  be 

necessary for the efficient discharge of its duties and performance of its functions under this Act. 

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(2)  The  Authority  shall  have  the  power  to  co-opt  as  members  of  any  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  meetings  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-section (2) shall be entitled to receive 

such allowances for attending meetings of the committee as may be fixed by the Central Government. 

10.  Functions  of  the  Authority.—(1)  It  shall  be  the  duty  of  the  Authority  to  undertake,  by  such 
measures as it thinks fit, the development and promotion, under the control of the Central Government, of 
export of Scheduled products. 

(2) Without prejudice to the generality of the provisions of sub-section (1), the measures referred to 

therein may provide for— 

(a)  the  development  of  industries  relating  to  the  Scheduled  products  for  export  by  way  of 
providing  financial  assistance  or  otherwise  for  undertaking  surveys  and  feasibility  studies, 
participation in the equity capital through joint ventures and other reliefs and subsidy schemes; 

(b) the registration of persons as exporters of the Scheduled products on payment of such fees as 

may be prescribed; 

(c)  the  fixing  of  standards  and  specifications  for  the  Scheduled  products  for  the  purposes  of 

export; 

(d)  the  carrying  out  of inspection  of  meat  and  meat products  in  any  slaughterhouse, processing 
plant, storage premises, conveyances or other places where such products are kept or handled for the 
purpose of ensuring the quality of such products; 

(e) the improving of packaging of the Scheduled products; 

(f) the improving of the marketing of the Scheduled products outside India; 

(g) the promotion of export oriented production and development of the Scheduled products; 

(h)  the  collection  of  statistics  from  the  owners  of  factories  or  establishments  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) the training in various aspects of the industries connected with the Scheduled products; 

(j) such other matters as may be prescribed. 

1[10A. Functions  in  respect  of  Special  products,  etc.—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 India. 

Explanation.—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.] 

11.  Power  to  supersede  the  Authority.—(1)  If  the  Central  Government  is  of  the  opinion  that  the 
Authority is unable to perform, or has persistently made default in the performance 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 notification in the Official Gazette, supersede the Authority for such period as may 
be specified in the notification: 

1. Ins. by Act 20 of 2009, s. 5 (w.e.f. 13-10-2008). 

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Provided that before issuing a notification under this sub-section, the Central Government shall give 
reasonable time to the Authority to show cause why it should not be superseded and shall consider the 
explanation and objections, if any, of the Authority. 

(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 supersession, vacate their offices as such members; 

(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; 

(c) all property vested in the Authority shall, during the period of supersession, vest in the 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 it may consider necessary; or 

(b) reconstitute the Authority in the manner provided in section 4. 

CHAPTER III 

REGISTRATION 

12.  Registration  of  exporters.—(1)  Every  person  exporting  any  one  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  exporter  of  the  Scheduled  product  or  Scheduled 
products: 

Provided that the Authority may, for sufficient reason, extend the time-limit for registration by such 

period as it thinks fit. 

(2) Registration once made shall continue to be in force until it is cancelled by the Authority. 

13. Application, cancellation, fee payable and other matters relating to registration.—The form 
of  application  for  registration  under  section  12  and  for  the  cancellation  of  such  registration,  the  fee 
payable  on  such  applications,  the  particulars  to  be  included  in  such  applications,  the  procedure  to  be 
followed in granting and cancelling registration and the registers to be kept by the Authority shall be such 
as may be prescribed. 

14.  Returns  to  be  made  by  exporters.—(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. 

(2) The Authority may authorise a member or any of its officers to inspect any processing plant or 
any other establishment of the exporter at any time to verify the accuracy of any return made under this 
section. 

CHAPTER IV 

FINANCE, ACCOUNTS AND AUDIT 

15.  Grants  or  loans  by  the  Central  Government.—The  Central  Government  may,  after  due 
appropriation made by Parliament by 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 being utilised for the purposes of this 
Act. 

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16. Constitution of Agricultural and Processed Food Products Export Development Fund.—(1) 
There  shall  be  formed  a  Fund  to  be  called  the  Agricultural  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  the  cess  credited  under 
section  4  of  the  Agricultural  and  Processed  Food  Products  Export  Cess  Act,  1985,  after  deducting 
therefrom the expenses of collection of the cess and the amount, if any, refunded; 

(b) all fees levied and collected in respect of registration and other matters under this Act or the 

rules made thereunder; 

(c) any grants or loans that may be made by the Central Government for the purposes of this Act 

under section 15; and 

(d)  any  grants  or  loans  that  may  be  made  by  any  State  Government,  voluntary  organisation  or 

other institution for the purposes of this Act: 

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— 

(a) meeting the cost of the measures referred to in section 10; 

(b)  meeting  the  salaries,  allowances 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 Authority and any other expenses authorised 

by or under this Act; and 

(d) repayment of any loan.  

17. Borrowing powers of the Authority.—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 carrying out the purposes of this Act. 

18.  Accounts  and  audit.—(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. 

(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)  The  Comptroller  and  Auditor-General  of  India  and  any  person  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  demand  the  production  of 
books, 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 
annually  to  the  Central  Government  and  that  Government  shall  cause  the  same  to  be  laid  before  each 
House of Parliament. 

CHAPTER V 

CONTROL BY THE CENTRAL GOVERNMENT 

19. Power to prohibit or control  imports and exports of Scheduled products.—(1) The Central 
Government may, by order published in the Official Gazette, make provision for prohibiting, restricting 

9 

 
or otherwise controlling the import or export of the Scheduled products, either generally or  in specified 
classes of cases. 

(2) All Scheduled products to which any order under sub-section (1) applies, shall be deemed to be 
goods of which the export has been prohibited under section 11 of the Customs Act, 1962 (52 of 1962), 
and all the provisions of that Act shall have effect accordingly. 

(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           
(52  of  1962),  as  applied  by  sub-section  (2),  be  punishable  with  imprisonment  for  a  term  which  may 
extend to one year, or with fine, or with both. 

20. Directions by the Central Government.—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. 

21. Returns and reports.—(1) The Authority shall furnish to the Central Government at 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),  the  Authority  shall,  as  soon  as  possible, 
after the end of each financial year, submit to the Central Government a report in such form and before 
such date, as may be prescribed, giving a true and full account of its activities, policy and programmes 
during the previous financial year. 

(3)  A copy  of the  report  received under  sub-section (2) shall be laid,  as  soon  as  may  be,  after it is 

received, before each House of Parliament. 

CHAPTER VI 

MISCELLANEOUS 

22.  Penalty  for  making  false  reports.—Any  person  who,  being  required  by  or  under  this  Act  to 
furnish any return, fails to furnish such return or furnishes a return containing any 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. 

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.—Any person who— 

(a) 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 duty imposed on him by or under this Act; 
or 

(b) having control over or custody of any account book or other record fails to produce such book 

or record when required to do so by or under this Act, 

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 with both. 

24. Other penalties.—Whoever contravenes or attempts to contravene or abets the contravention of 
the provisions of this Act or of any rules made hereunder other than the provisions, the punishment for the 
contravention  whereof  has  been  provided  for  in  sections  19,  22  and  23,  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  with  both  and  in  the  case  of  a  continuing  contravention  with  an  additional  fine  which  may 
extend to fifty rupees for every day during which such contravention continues after conviction for the 
first such contravention. 

25.  Offences  by  companies.—(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 

10 

 
to, the company for the conduct of the business of the company as well as the company shall be deemed 
to be guilty of the offence and shall 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 was 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), where 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 
connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other 
officer of the company, 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. 

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 firm. 

26. Jurisdiction of court.—No court inferior to that of a Metropolitan Magistrate or a Magistrate of 

the first class shall try any offence punishable under this Act. 

27.  Previous  sanction  of  the  Central  Government.—No  prosecution  for  any  offence  punishable 

under this Act shall be instituted except with previous sanction of the Central Government. 

28. Protection of action taken in good faith.—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 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. 

29. Power to delegate.—The Central Government may, by order published in the Official Gazette, 
direct  that  any  power  exercisable  by  it  under  this  Act  (not  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. 

30.  Suspension  of  operation  of  this  Act.—(1)  If  the  Central  Government  is  satisfied  that 
circumstances  have  arisen  rendering  it  necessary  that  certain  of  the  restrictions  imposed  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. 

(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 
removed by the Central Government by notification in the Official Gazette. 

31. Application of other laws not barred.—The provisions of this Act shall be in addition to and 

not in derogation of the provisions of any other law for the time being in force. 

32. Power to make rules.—(1) The Central Government may, by notification in the Official Gazette, 

make rules for carrying out the purposes of this Act. 

(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)  the  term  of  office  of  the  members  [other  than  the  member  referred  to  in  clause  (b)  of          

sub-section (4) of section 4], the manner of filling vacancies among, and the procedure to be followed 
in the discharge of their functions by the members, under sub-section (5) of section 4; 

(b) the powers which may be exercised and the duties which may be performed by the Chairman 

as the chief executive of the Authority under section 6; 

11 

 
(c) the powers which may be exercised and the duties which shall be performed by the Secretary 

of the Authority under sub-section (1) of section 7; 

(d) the control and restrictions subject to which other officers and employees may be appointed 

by the Authority under sub-section (3) of section 7; 

(e)  the  form  in  which  and  the  time  within  which  option  may  be  given  by  the  officers  and 

employees of the Processed Foods Export Promotion Council under sub-section (3) of section 8; 

(f)  payment  of  fees  for  the  registration  of  exporters  of  Scheduled  products  under  clause  (b)  of        

sub-section (2) of section 10; 

(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 

discharge of its functions under clause (j) of sub-section (2) of section 10; 

1[(ha) the measures for registration and protection of the Intellectual Property rights under section 

10A;] 

(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 registration, under section 13; 

(j) 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; 

(l) the form and manner in which and the time at which 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 

Government the report of its activities and programme under sub-section (2) of section 21; 

(n) any other matter which is to be or may be prescribed under this Act. 

33. Power to make regulations.—(1) The Authority may, with the previous sanction of the Central 
Government, by notification in the Official Gazette, make regulations not inconsistent with the provisions 
of this Act and the rules made thereunder, to provide for all matters for which provision is necessary or 
expedient for the purposes of giving effect to the provisions of this Act. 

(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 meetings of the Authority or any committee thereof, shall be 
held and the procedure to be 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; 

(c) generally for the efficient conduct of the affairs of the Authority. 

(3)  The  Central  Government  may,  by  notification  in  the  Official  Gazette,  modify  or  rescind  any 
regulation  sanctioned  by  it  and  the  regulation  so  modified  or  rescinded  shall  have  effect  only  in  such 
modified  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. 

1. Ins. by Act 20 of 2009, s. 6 (w.e.f. 13-10-2008). 

12 

 
                                                           
34.  Rules  and  regulations  to  be  laid  before  Parliament.—Every  rule  and  every  regulation  made 
under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, 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  the  session  immediately  following  the  session  or  the 
successive sessions aforesaid, both Houses agree in making any modification in the rule or regulation, as 
the case may be, or both Houses agree that the rule 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 
anything previously done under that rule or regulation. 

1[35. Validation.—All things done, or, omitted to be done, and all actions or measures taken, or, not 
taken,  during  the  period  beginning  on  or  after  the  13th  day  of  October,  2008  and  ending  immediately 
before the date of commencement of the Agricultural and Processed Food Products Export Development 
Authority  (Amendment)  Act,  2009  (20  of  2009),  shall,  in  so  far  as  they  are  in  conformity  with  the 
provisions of this Act, as amended by the Agricultural and Processed Food Products Export Development 
Authority (Amendment) Act, 2009, be deemed to have been done, or, omitted to be done, or, taken, or, 
not taken, under the provisions of this Act, as amended by the Agricultural and Processed Food Products 
Export Development Authority (Amendment) Act, 2009, as if such provisions were in force at the time 
such things were done or omitted to be done and actions or measures taken or not taken during the said 
period.] 

1. Ins. by Act 20 of 2009, s. 7 (w.e.f. 13-10-2008). 

13 

 
  
 
 
                                                           
1[THE FIRST SCHEDULE] 

[See section 2(i)] 

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 products, chocolates of all kinds. 

8. Alcoholic and non-alcoholic beverages. 

9. Cereal products. 

10. Cashewnuts, groundnuts, peanuts and walnuts. 

11. Pickles, chutneys and papads. 

12. Guar Gum. 

13. Floriculture and floriculture products. 

14. Herbal and medicinal plants. 

2[15. De-oiled rice bran.] 

1. The Schedule numbered as the First Schedule by Act 20 of 2009, s. 8 (w.e.f. 13-10-2008).  
2. Added by Notification No. S.O. 2100(E) (dated 5th May, 2022). 

14 

 
 
 
                                                           
1[THE SECOND SCHEDULE 

[See section 2(j)] 

Basmati rise.] 

1. Ins. by Act 20 of 2009, s. 8 (w.e.f. 13-10-2008). 

15 

 
                                                           
