The Agricultural and Processed Food Products Export Development Authority Act, 1985

(1) This Act may be called the Agricultural andProcessed Food Products Export Development Authority Act, 1985. (2) It extends to the whole of India. (3) It shall come into force on such date 1as the Central Government may, by notification in theOfficial Gazette, appoint, and different dates may be appointed for different provisions of this Act.

In this Act, unless the context otherwise requires,-- (a) "Authority" means the Agricultural and Processed Food Products Export DevelopmentAuthority 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 1[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, bynotification 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 in2[the First Schedule]; 3[(j) “Special product” means any of the agricultural or processed food products included in theSecond Schedule.]

1[3. Power to amend the Schedule.-- The Central Government may, having regard to the objects tothis 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 processedfood product and on such addition, or as the case may be, omission, such product shall be, or shall ceaseto be, a Scheduled product or Special product as the case may be.]

(1) With effect from such date as the CentralGovernment may, by notification in the Official Gazette, appoint in this behalf, there shall be establishedfor the purposes of this Act, an Authority to be called the Agricultural and Processed Food ProductsExport Development Authority. (2) The Authority shall be a body corporate by the name aforesaid, having perpetual succession and acommon seal, with power to acquire, hold and dispose of property, both movable and immovable, and tocontract, 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 previousapproval 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 PlanningCommission; (d) three members of Parliament of whom two shall be elected by the House of the People andone by the Council of States; (e) eight members to be appointed by the Central Government to represent, respectively, theMinistries 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 orderto represent the States and the Union territories: Provided that an appointment under this clause shall be made on the recommendation of theGovernment 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; (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 industriesspecified in sub-clauses (i) to (iii) or the industry specified in sub-clause (iv) shall in no case be lessthan two; (i) two members to be appointed by the Central Government from amongst specialists andscientists 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) ofsub-section (4) and the manner of filling vacancies among, and the procedure to be followed in thedischarge 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 bythat Government in this behalf, shall have the right to attend meetings of the Authority and take part in theproceedings 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 beinvalid 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 suchcommittee; or (c) any irregularity in the procedure of the Authority or such committee not affecting the merits ofthe case. (8) The Authority shall meet at such times and places and shall observe such rules of procedure inregard to the transaction of business at its meetings (including the quorum at its meetings) as may beprovided by the regulations.

(1) The Chairman shall be entitled to such salary and allowances and shall be subject to suchconditions of service in respect of leave, pension, provident fund and other matters as may, from time totime, be fixed by the Central Government. (2) The other members of the Authority shall receive such allowances as may be fixed by the CentralGovernment. (3) A member, other than the ex officio member, may resign his office by giving notice thereof inwriting to the Central Government and on such resignation being accepted, he shall be deemed to havevacated his office.