4Establishment 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;

(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.