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,
Section 22 - 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.
Section 23 - 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.
Section 24 - 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,
Section 25 - 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.
Section 26 - 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 27 - 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 other 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 there under.
Section 28 - 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 29 - 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.
Section 30 - 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 31 - 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 he 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;
(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 he 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.
Section 32 - 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 there under, 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 lo 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.
1[(ha) the measures for registration and protection of the Intellectual Property rights under section 10A;]
(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.
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1. Inserted by the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009.
Section 33 - Rules and regulations to be laid before Parliament
Every rule and every regulation made under this Act shall be laid, as soon as maybe 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 maybe, 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, 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.]
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1. Inserted by the Agricultural and Processed Food Products Export Development Authority (Amendment) Act, 2009.