Agricultural Produce (Grading and Marking) Act, 1937

Sep 20, 2020

Agricultural Produce (Grading and Marking) Act, 1937

Act No. 1 of 1937

[24th February, 1937]

An Act to provide for the grading and marking of agricultural[i] [and other] produce

Whereas it is expedient to provide for the grading and marking of agricultural [ii][and other] produce; it is hereby enacted as follows:—

1. Short title and extent.

1. Short title and extent.—(1) This Act may be called the Agricultural Produce (Grading and Marking) Act, 1937.

(2) It extends to [iii][the whole of India [iv][* * *]].

2. Explanations.

2. Explanations.—In this Act, unless the contrary appears from the subject or context,—

(a) “agricultural produce” includes all produce of agriculture or horticulture and all articles of food or drink wholly or partly manufactured from any such produce, and fleeces and the skins of animals;

(b) “counterfeit” has the meaning assigned to that word by Section 28 of the Indian Penal Code;

(d) “grade designation” means a designation prescribed as indicative of the quality of any scheduled article;

(e) “grade designation mark” means a mark prescribed as representing a particular grade designation;

(f) “quality”, in relation to any article, includes the state and condition of the Article;

(g) “prescribed” means prescribed by rules made under this Act;

(h) “scheduled article” means an article included in the Schedule; [v][* * *]

(i) and article is said to be marked with a grade designation mark, if the article itself is marked with a grade designation mark or any covering containing or label attached to such article is so marked.

[vi][(j)an article is said to be misgraded if,—

(i) the article is not of the quality prescribed for the grade designation with which it is marked;

(ii) the composition of the article offered for grading is altered in any way after a sample has been drawn for analysis and determination of the grade designation of the article in accordance with the rules made under this Act;

(iii) the article is tampered with in any manner; and

(iv) any false claim is made for the quality prescribed for its grade designation, upon the label or through advertisement or in any other manner.]

3. Prescription of grade designations.

3. Prescription of grade designations.—[vii][(1)] The Central Government may, after previous publication by notification in the Official Gazette, make rules [viii][to carry out the provisions of this Act.]

[ix][(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) fixing grade designations to indicate the quality of any scheduled article;

(b) defining the quality indicated by every grade designation;

(d) authorising a person or a body of persons, subject to any prescribed conditions, to mark with a grade designation mark any article in respect of which such mark has been prescribed or any covering containing or label attached to any such article;

(e) specifying the conditions referred to in clause (d) including in respect of any article conditions as to the manner of marking, the manner in which the article shall be packed, the type of covering to be used, and the quantity by weight, number or otherwise to be included in each covering;

(f) providing for the payment of any expenses incurred in connection with the manufacture or use of any implement necessary for the reproduction of a grade designation mark or with the manufacture or use of any covering or label marked with a grade designation mark [x][or with measures for the control of the quality of articles marked with grade designation marks including testing of samples and inspection of such articles or with any publicity work carried out to promote the sale of any class of such articles]; [xi][* * *]

(g) providing for the confiscation and disposal of produce marked otherwise than in accordance with the prescribed conditions with a grade designation mark.

[xii][(h)any other matter which is required to be, or may be, prescribed.]

[xiii][[xiv] [(3)] Every rule made by the Central Government 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 both Houses agree that the rule should not be made, the rule 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.]

3-A. Powers of entry, inspection and search.

[xv][3-A. Powers of entry, inspection and search.—(1) Any officer of the Central Government or a State Government or any authority, being an officer of a gazetted rank or of equivalent rank, authorised by the Central Government may, if he has reason to believe that any provision of this Act or the rules made thereunder has been, or is being, contravened, enter any premises at any reasonable time and make necessary inspection of, and search for, the agricultural produce in relation to which such contravention has been, or is being, made.

(2) Every authorisation made under sub-section (1) shall be deemed to be a warrant referred to in Section 93 of the Code of Criminal Procedure, 1973 (2 of 1974).]

3-B. Powers of the authorised officer to seize agricultural produce.

[xvi][3-B. Powers of the authorised officer to seize agricultural produce.—(1) An officer authorised under sub-section (1) of Section 3-A may seize and detain any agricultural produce in relation to which an offence under this Act or the rules made thereunder is being, or appears to have been, committed, or which is intended or likely to be used in the commission of such offence:

Provided that where any agricultural produce seized under this sub-section is subject to speedy or natural decay, the officer so authorised may dispose of such produce in such manner as may be prescribed.

(2) The provisions of Section 102 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to every seizure made under this section.]

4. Penalty for unauthorised marking with grade designation mark.

4. Penalty for unauthorised marking with grade designation mark.—Whoever marks any scheduled article with a grade designation mark, not being authorised to do so by rule made under Section 3, shall be punishable with [xvii][imprisonment for a term not exceeding six months and fine not exceeding five thousand rupees].

5. Penalty for counterfeiting grade designation mark.

5. Penalty for counterfeiting grade designation mark.—Whoever counterfeits any grade designation mark or has in his possession any die, plate or other instrument for the purpose of counterfeiting a grade designation mark shall be punishable with imprisonment [xviii][for a term not exceeding three years and fine not exceeding five thousand rupees].

5-A. Penalty for selling misgraded articles.

[xix][5-A. Penalty for selling misgraded articles.—Whoever sells any scheduled article which is misgraded shall be punishable with imprisonment for a term not exceeding six months and fine not exceeding five thousand rupees.]

5-B. Power to prescribe compulsory grade designations in respect of certain articles.

[xx][5-B. Power to prescribe compulsory grade designations in respect of certain articles.—(1) Where the Central Government is of opinion that it is necessary in the public interest or for the protection of consumers that any scheduled article or class of articles shall not be sold or distributed except after such article or class of articles is marked with the grade designation mark, it may, by notification in the Official Gazette, make a declaration to that effect.

(2) Any notification issued under sub-section (1) shall specify the area or areas in relation to which the notification shall have effect.

(3) Where a notification under sub-section (1) is issued in respect of any area or areas, no person shall sell or offer to sell or distribute or offer to distribute any scheduled article or class thereof in the area or areas except in accordance with the provisions of this Act or the rules made thereunder.

(4) Whoever contravenes the provisions of this section shall be punishable with imprisonment for a term not exceeding six months and fine not exceeding five thousand rupees.]

5-C. Institution of prosecution.

[xxi][5-C. Institution of prosecution.—No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by—

(a) the Central Government or the State Government or any officer authorised by it in writing; or

(b) the person aggrieved; or

Explanation.—For the purposes of this section, “recognised consumer association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956), or any other law for the time being in force.]

6. Extension of application of Act.

6. Extension of application of Act.—The Central Government, after such consultation as it thinks fit of the interests likely to be affected, may by notification in the Official Gazette declare that the provisions of this Act shall apply to an article of agricultural produce not included in the Schedule. [xxii][or to an article other than an article of agricultural produce] and on the publication of such notification such article shall be deemed to be included in the Schedule.

Schedule

Schedule

(See Section 2)[xxiii]

1. Fruits

2. Vegetables

3. Eggs

4. Dairy produce

5. Tobacco

6. Coffee

7. Hides and skins

8. Fruit products

9. Atta

10. Oil Seeds

11. Vegetable oils (including Hydrogenated oils and vegetable fats)

12. Cotton

13. Rice

14. Lac

15. Wheat

16. Sann Hemp

17. Sugercane (Jaggery).

18. Myrobalans

19. Bura

20. Wool and goat Hair

21. Bristles

22. Rosin & Turpentine

23. Arecanuts .

24. Essential Oils .

25. Cashew nuts .

27. Pepper

28. Ginger

29. Honey

30. Curry Powder

31. Kapok

32. Raw Jute

33. Paddy

34. Millets

35. Mesta

36. Chillies

37. Turmeric

38. Tapioca chips & Tapioca flour

39. Sisal and Aloe Fibres

40. Oil cakes

41. Pulses

42. Walnut

43. Animal Casings (cattle, buffaloes, sheep, goats and pigs)

44. Guar Gum

45. Karaya Gum

46. Senna Leaves & Pods

47. Palmyra fibre

48. Catechu

49. Tendu leaves

50. Water chestnuts

51. Edible Mushrooms

52. Poppy Seed

53. Cashew Shell Oil (Liquid)

54. Beeswax

55. Gram (Cicer arietinum L.)

56. Jowar (Sorghum vulgare Pers)

57. Maize (Zea mays L)

58. Barley (Hordeum vulgare L)

59. Ragi (Eleusine coracana Gaertn.)

60. Bajra (Pennisetum typhoides Stapf and Hubbard)

61. Sheekakai Powder

62. Meat chiken and dressed chicken meat

63. Saffron

64. Soybean

65. Hay

66. Buffalo Hair

67. Tamarind & Tamarind Product

68. Compounded Asafoetida

69. Besan

70. Papain

71. Coconut (including Copra)

72. Suji & Maida

73. Tea

74. Agar Agar

75. Isubgol Husk

76. Carcass meat and products thereof

77. Sago

78. Raw Meat ( Chilled/ Frozen)

79. Cocoa beans & its powder

80. Coriander

81. Cumin

82. Fennel

83. Fenugreek

84. Celery

85. Aniseed

86. Bishopweed

87. Caraway

88. Dill

89. Cinnamon

90. Cassia

91. Garlic

92. Curry Leaf

93. Kokam

94. Mint

95. Mustard

96. Parsley

97. Pomegranate Seed

98. Saffron

99. Vanilla

100. Tejpat

101. Pepper Long

102. Star Anise

103. Sweet Flag

104. Greater Galanga

105. Horse- Raddish

106. Caper

107. Clove

108. Asafoetida

109. Cambodge

110. Hyssop

111. Juniper Berry

112. Bay Leaf

113. Lovage

114. Marjoram

115. Nutmeg

116. Mace

117. Basil

118. Poppy Seed

119. All – Spice

120. Sage

121. Rosemary

122. Savory

123. Thyme

124. Oregano

125. Terragon

126. Tamarind

127. Edible Starch

128. Edible Common Salt

129. Amchoor

130. Sesame Seed

131. Vermicelli

132. Macaroni

133. Spaghetti

134. Makhana

135. Dates

136. Palm kernels

137. Neem seed

138. Neem oil

139. Almond oil

140. Cut-Flowers

141. Palm jaggery

142. Cheese spread

143. Paneer

144. Garlic paste

145. Soy milk

146. Soy powder

147. Guar seeds

148. Henna and Henna powder

149. Flour of all Cereals and Millets

150. Instant Idli mix

151. Instant vada mix

152. Coffee powder

153. Chicori and Chicori powder

154. Chilgoza

155. Oleoresins of spices

156. Ginger paste

157. Onion paste

158. Wafers banana

159. Wafers potato

160. Pistachio

161. Roasted Bengal gram and powder

162. Olive oil

163. Sattu

164. Jatropha seed

165. Puwad seed

166. Wheat porridge (Dalia)

167. Dehydrated vegetables

168. Dehydrated fruits

169. Khejri pods

170. Tomato powder

171. Berkut

172. Mahua Flower

173. Karanj seed

174. Amla dried and powder

175. Safed Musli

176. Ashwagandha

177. Sheekakai Pods

References

[i] Inserted by Act 13 of 1942, Section 2 (with effect from 24-2-1937).

[ii] Inserted by Act 13 of 1942, Section 2 (with effect from 24-2-1937).

[iii] Substituted by the A.O. 1948, for the “the whole of British India, including British Baluchistan and the Santhal Parganas but excluding Burmah”.

[iv] The word “except the State of Jammu and Kashmir” omitted by Act 25 of 1960, Section 2.

[v] The word “and” omitted by Act 76 of 1986, Section 2 (w.e.f. 15-4-1987).

[vi] Inserted by Act 76 of 1986, Section 2 (w.e.f. 15-4-1987).

[vii] Section 3 renumbered as sub-section (1) by Act 20 of 1983, Section 2 and Schedule (w.e.f. 15-3-1984).

[viii] Inserted by Act 76 of 1986, Section 3 (w.e.f. 15-4-1987).

[ix] Inserted by Act 76 of 1986, Section 3 (w.e.f. 15-4-1987).

[x] Inserted by Act 20 of 1943, Section 2.

[xi] The word “and” omitted by Act 76 of 1986, Section 3 (w.e.f. 15-4-1987).

[xii] Inserted by Act 76 of 1986, Section 3 (w.e.f. 15-4-1987).

[xiii] Inserted by Act 20 of 1983, Section 2 and Schedule (w.e.f. 15-3-1984).

[xiv] Renumbered by Act 76 of 1986, Section 3 (w.e.f. 15-4-1987).

[xv] Inserted by Act 76 of 1986, Section 4 (w.e.f. 15-4-1987).

[xvi] Inserted by Act 76 of 1986, Section 4 (w.e.f. 15-4-1987).

[xvii] Substituted for “fine which may extend to five hundred rupees” by Act 76 of 1986, Section 5 (w.e.f. 15-4-1987).

[xviii] Substituted for “which may extend to two years, or with fine, or with both” by Act 76 of 1986, Section 6 (w.e.f. 15-4-1987).

[xix] Inserted by Act 76 of 1986, Section 7 (w.e.f. 15-4-1987).

[xx] Inserted by Act 76 of 1986, Section 7 (w.e.f. 15-4-1987).

[xxi] Inserted by Act 76 of 1986, Section 7 (w.e.f. 15-4-1987).

[xxii] Inserted by Act 13 of 1942 (with effect from 24-2-1937).

[xxiii] The latest list in this Schedule has been taken from the website of Directorate of Marketing & Inspection Ministry of Agriculture and Farmers Welfare Government of India [https://dmi.gov.in/Documents/AgriculturalProduce1937.pdf].

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