Beruflich Dokumente
Kultur Dokumente
D-(D)-72
PART II – Section 1
PUBLISHED BY AUTHORITY
Separate paging is given to this Part in order that it may be filed as a separate compilation
No. 2 OF 1986
th
(8 January, 1986)
An Act to provide for the establishment of an Authority for the development and
promotion of exports of certain agriculture and processed food products and for
matters connected therewith.
CHAPTER 1
PRELIMINARY
Short title,
1. (1) this Act may be called the Agricultural and Processed Food extent and
Products Export Development Authority Act, 1985. commence-
ment
(2) It extends to the whole of India
(3) It shall come into force on such date as the Central
Government may, by notification in the Official Gazette,
appoint, and different dates may be appointed for different
provisions of this Act.
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2 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
Power to 3. The Central Government may, having regard to the objects of this
amend
Schedule. 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 products
and on such addition or as the case may be, omission, such product
shall be, or shall cease to be, a Scheduled product.
CHAPTER II
AGRICULTURAL AND PROCESSED FOOD PRODUCTS EXPORT DEVELOPMENT AUTHORITY
Establishment
and consti- 4. (1) With effect from such date as the Central Government may,
tution of the by notification in the Official Gazette, appoint in this behalf, there
Authority
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.
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3 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
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4 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
(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.
(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.
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5 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
Salary and 5. (1) The Chairman shall be entitled to such salary and
allowances and
other conditions allowances and shall be subject to such conditions of service in
of service of respect of leave, pension, provident fund and other matters as may
Chairman and
allowances of from time to time be fixed by the Central Government.
members
(2) the other members of the authority shall receive such
allowances as may be fixed by the Central Government.
Secretary of the 7. (1) The Central Government shall appoint a Secretary to the
Authority and
other staff. Authority who shall exercise such powers and perform such duties as
may be prescribed or as may be delegated to him by the Chairman.
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
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7 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
Functions of 10. (1) It shall be the duty of the Authority to undertake, by such
the Authority.
measures as it thinks fit, the development and promotion, under the
control of the Central Government, of export of Scheduled
products.
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8 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
11. (1) If the Central Government is of the opinion that the Power
Authority is unable to perform, or has persistently made default in to
the performance of, the duty imposed on it by or under this Act or super-
sede
has exceeded or abused its powers, or has willfully or without
the
Autho-
rity
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9 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
(b) all the powers and duties which may, by or under the
provision of this Act, be exercised or performed by or on behalf of
the Authority shall, during the period of super-session, be exercised
and performed by such person or persons as the Central
Government may direct;
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10 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
CHAPTER III
REGISTRATION
12. (1) Every person exporting any one or more of the Scheduled Regis-
products shall, before the expiration of one month from the date on tration
which he undertakes such export or before the expiration of three of ex-
porters.
months from the date of coming into force of this section, whichever
is later, apply to Authority to be registered as an exporter of the
Scheduled product or Scheduled products:
Application, 13. The form of application for registration under section 12 and
cancellation,
fee payable
for the cancellation of such registration, the fee payable on such
and other applications, the particulars to be included in such application, the
matters procedure to be followed in granting and cancelling registration and
relating to the the registers to be kept by the Authority shall be such as may be
registration prescribed.
CHAPTER IV
Grants or 15. The Central government may, after due appropriation made
loans by the by Parliament by law in this behalf, pay to the Authority by way of
Central
Government
grants or loans such sums of money as the Central Government
may think fit for being utilized for the purposes of this Act.
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11 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
17. Subject to such rules as may be made in this behalf, the Borrow-
ing
Authority shall have power to borrow on the security of the powers of
Agricultural and Processed Food Products Export Development the Autho-
Fund or any other asset for carrying out the purposes of this Act. rity
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12 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
18. (1) The Authority shall maintain proper accounts and Accounts
other relevant records and prepare an annual statement of and Audit
accounts, in such form as may be prescribed by the Central
Government in consultation with the Comptroller and Auditor-
General of India.
CHAPTER V
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13 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
(3) If any person contravenes any order made under sub- 52 of 1962
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-section (2), be punishable with
imprisonment for a term which may extend to one year, or with fine,
or with both.
Direction 20. The Authority shall carry out such directions as may be
s by the
Central issued to it from time to time by the Central Government for the
Governm efficient administration of this Act.
ent.
CHAPTER VI
MISCELLANEOUS
Penalty for 22. Any person who, being required by or under this Act to
making false
furnish any return, fails to furnish such return or furnishes a return
reports
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.
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14 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
25. (1) Where an offence under this Act has been committed Offences by
companies
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 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:
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15 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
Previous 27. No prosecution for any offence punishable under this Act
sanction of shall be instituted except with the previous sanction of the Central
the central
Govern-
Government.
ment.
Protection 28. No suit, prosecution or other legal proceedings shall lie
of action against the central Government, or the authority or any committee
taken in appointed by it, or any member of the authority or such committee,
good faith. or any officer or other employee of the central Government or of the
authority or any other person authorized 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.
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(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.
Application 31. The provisions of this Act shall be in addition to and not in
of other laws derogation of the provisions of any other law for the time being in
not barred. force.
(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;
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17 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
(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;
Power to 33. (1) The authority may, with the previous sanction of the
make central Government, by notification in the Official Gazette, make
regulations.
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.
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18 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
Rules and 34. Every rule and every regulation made under this Act shall be
regulations to laid, as soon as may be after it is made, before each House of
be laid before
parliament
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 session
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 any thing previously done under that rule or regulation.
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20 THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-1)
THE SCHEDULE
S. RAMAIAH
Special Secy. to the Govt. of India
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REGD. NO. D. (D.N.)-72
PUBLISHED BY AUTHORITY
MINISTRY OF COMMERCE
NOTIFICATION
CHAPTER-1
Preliminary
(2) They shall come into force on the date of their publication in
the Official Gazette.
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
CHAPTER II
The Authority
CHAPTER III
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
(1) attend all the meetings of the Authority and shall assist
Chairman in implementing the decisions of the
Authority;
(2) maintain a proper record of the proceedings of the
meetings of the Authority and decisions taken in those
meetings;
(3) maintain proper record of the register of exporters in
accordance with the provisions of Chapter III of the Act;
(4) issue receipts on behalf of the Authority for all moneys
received under Act;
(5) maintain or cause to be maintained an account of the
receipts and expenditure of the Authority; and
(6) be responsible for preparation of draft Annual report on
the working of the Authority and its submission to
Central Government after approval by the Authority on
a date not later than the date specified in this behalf by
the Central Government.
CHAPTER IV
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
CHAPTER V
Registration
9. Application for Registration – (1) Every application for
registration as an exporter of Scheduled products shall be made to
the Secretary or any other officer authorized by the authority in this
behalf in Form I which may be obtained from the office of the
Authority on payment of rupees five and shall be accompanied by a
certificate regarding applicant’s financial status from any Scheduled
Bank.
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
CHAPTER VI
CHAPTER VII
Miscellaneous
[F.No.11/5/86-EP-Agri.(IV)]
D.P. BAGCHI, Jt. Secy.
Rs.5/-
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
FORM I
(See rule 9)
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
(ii) use the import licenses for the purposes for which
they are issued and under terms and conditions under
which they are issued.
Yours faithfully,
(Signature)
Place :
Date :
26
THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
Form II
Rs.25/-
(See Rule 10)
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
(a) Manufacturer-exporter
(b) Merchant exporter,
Signature……………………
Name in block letters…………………..
Designation :……………………….
Residential Address……………………….
Date :
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
PART II
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THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
PART III
Date :
30
THE GAZETTE OF INDIA EXTRAORDINARY (Part II-SEC-3)
Form III
Place :
Date :
_____________________________________________________
Printed by the Manager, Govt. of India Press, Ring Road, New Delhi-110064
and Published by the Controller of Publications, Delhi-10054, 1986
31
The Gazette of India
EXTRAORDINARY
PART II – Section 3
PUBLISHED BY AUTHORITY
MINISTRY OF COMMERCE
NOTIFICATION
nd
New Delhi, the 22 February, 2005
S.O. 238(E). – In exercise of the powers conferred by clause (f) of Sub-section (2) of
Section 32 of the Agricultural and Processed Food Products Export Development Authority Act,
1985 (2 of 1986), the Central Government hereby makes the following rules further to amend the
Agricultural and Processed Food Products Export Development Authority Rules, 1986, namely :-
1. (1) These rules may be called the Agricultural and Processed Food Products Export
Development Authority (Amendment) Rules, 2004.
(2) They shall come into force on the date of their publication in the Official Gazette.
2. In the Agricultural and Processed Food Products Export Development Authority Rules,
1986, in rule 9, for sub-rule (2), the following sub-rule shall be substituted, namely :-
Provided that for exporters, having their registered office in the States of Jammu &
Kashmir and North Eastern States of Assam, Meghalaya, Manipur, Nagaland, Tripura,
Mizoram, Arunachal Pradesh and Sikkim, who are operating from these States, their
applications shall be accompanied by a fee of Rs.1,000 for issue of the registration
certificate, in case such exporters apply within two years from the date of publication
of this notification.”
Note: The principal rules were published in the Gazette of India vide number S.O. 652(E) dated
rd th
the 3 September, 1986 and subsequently amended vide S.O. 806(E) dated 11 September,
th
1998 and vide S.O. 827(E) dated 16 July, 2004.
________________________________________________________________
Printed by the Manager, Govt. of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054.
32
THE AGRICULTURAL AND PROCESSED FOOD PRODUCTS
EXPORT CESS ACT, 1985 NO. 3 OF 1986 PUBLISHED VIDE
NOTIFICATION NO. 3 DT. 8TH JANUARY 1986 HAS BEEN
REPEALED VIDE MINISTRY OF LAW AND JUSTICE NOTIFICATION
NO. 26 DT. 2ND JUNE 2006 UNDER THE CESS LAWS (REPEALING
AND AMENDING) ACT, 2006.
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