The Agricultural and Processed Food Products Export Development Authority Act, 1985
Administered Ministry: Ministry of Commerce and Industry / Department of Commerce
Section
Section 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.
Section 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.
(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.
Section 22 Penalty for making false reports.
1[22. Penalty for making false reports.---Any person who, being required by or under this Act,---
(i) fails to furnish any return shall be liable---
(a) for the first contravention with a warning;
(b) for any subsequent contravention, to penalty of not less than ten thousand rupees but which may extend to fifty thousand rupees;
(ii) 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 liable to penalty of not less than ten thousand rupees but which may extend to one lakh rupees.]
(i) fails to furnish any return shall be liable---
(a) for the first contravention with a warning;
(b) for any subsequent contravention, to penalty of not less than ten thousand rupees but which may extend to fifty thousand rupees;
(ii) 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 liable to penalty of not less than ten thousand rupees but which may extend to one lakh rupees.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for s. 22 (w.e.f. 23-06-2026).
Section 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.
[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.] Omitted by the Jan Vishwas (Amending of Provisions) Act, 2026 (8 of 2026), s.2 and Sch., (w.e.f.23.06.2026).
Section 24 Other penalties.
1[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 and 22 shall be liable,---
(a) for the first contravention with a warning;
(b) for any subsequent contravention to penalty of not less than ten thousand rupees, and not exceeding an amount equivalent to the value of goods, in respect of which such contravention has been made; and
(c) in case of a continuing contravention, a penalty of one thousand rupees for every day during which such contravention continues, provided that the total quantum of penalty for a continuing contravention shall not exceed twice the value of goods, in respect of which such order has been made.]
(a) for the first contravention with a warning;
(b) for any subsequent contravention to penalty of not less than ten thousand rupees, and not exceeding an amount equivalent to the value of goods, in respect of which such contravention has been made; and
(c) in case of a continuing contravention, a penalty of one thousand rupees for every day during which such contravention continues, provided that the total quantum of penalty for a continuing contravention shall not exceed twice the value of goods, in respect of which such order has been made.]
1. Subs. by Act 8 of 2026, s. 2 and Sch., for s. 24 (w.e.f. 23-06-2026).
Section 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 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.
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.
Section 25A Adjudication of penalties.
1[25A. Adjudication of penalties.---(1) For the purpose of adjudging penalties under this Act, the Chairman shall appoint the Secretary to the Authority or any other officer equivalent to the rank of Secretary authorised by the Central Government, as the case may be, as an adjudicating officer for holding an inquiry and imposing penalty in such manner as may be prescribed: Provided that no such penalty shall be imposed without giving the person concerned a reasonable opportunity of being heard.
(2) Whoever is aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to the Chairman who shall be an appellate authority, in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.
(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
(6) If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]
(2) Whoever is aggrieved by an order of the adjudicating officer under sub-section (1) may, within thirty days from the date of receipt of such order, prefer an appeal to the Chairman who shall be an appellate authority, in such form and manner as may be prescribed.
(3) An appeal may be admitted after the expiry of the period of thirty days if the appellant satisfies the appellate authority that he had sufficient cause for not preferring the appeal within that period.
(4) The appellate authority may, after giving the parties to the appeal an opportunity of being heard, pass such order as he may think fit.
(5) An appeal under sub-section (2) shall be disposed of within sixty days from the date of filing.
(6) If penalty imposed by the adjudicating officer under sub-section (1) or by an order of the appellate authority under sub-section (4), as the case may be, is not deposited, the amount shall be recovered as an arrear of land revenue.]
1. Ins. by Act 8 of 2026, s. 2 and Sch., (w.e.f. 23-06-2026).
Section 26 Jurisdiction of court.
[26. Jurisdiction of court.] Omitted by the Jan Vishwas (Amending of Provisions) Act, 2026 (8 of 2026), s.2 and Sch., (w.e.f.23.06.2026).
Section 26A Officers and employees of Authority to be public servants.
1[26A. Officers and employees of Authority to be public servants.---All officers and other employees of the Authority, when acting or purporting to act in pursuance of any of the provisions of this Act, shall be deemed to be public servants within the meaning of clause (28) of section 2 of the Bharatiya Nyaya Sanhita, 2023 (45 of 2023).]
1. Ins. by Act 8 of 2026, s. 2 and Sch., (w.e.f. 23-06-2026).
Section 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.
Section 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.
Section 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.
Section 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.
(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.
Section 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.
Section 32 Power to make rules. 5 docs
(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;
(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;
2[(ma) the manner of holding inquiry and imposing penalties under sub-section (1) of section 25A;
(mb) the form and manner of preferring appeal to the Chairman against the order of adjudicating officer under sub-section (2) of section 25A;]
(n) any other matter which is to be or may be prescribed under 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;
(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;
2[(ma) the manner of holding inquiry and imposing penalties under sub-section (1) of section 25A;
(mb) the form and manner of preferring appeal to the Chairman against the order of adjudicating officer under sub-section (2) of section 25A;]
(n) any other matter which is to be or may be prescribed under this Act.
1. Ins. by Act 20 of 2009, s. 6 (w.e.f. 13-10-2008).
2. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 26-06-2026).
2. Ins. by Act 8 of 2026, s. 2 and Sch. (w.e.f. 26-06-2026).
Section 33 Power to make regulations. 8 docs
(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.
(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.
Section 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.
Section 35 Validation.
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).