The Agricultural Produce (Grading and Marking) Act, 1937

(1) This Act may be called the Agricultural Produce (Grading andMarking) Act, 1937. 1[(2) It extends to the whole of India 2***.]

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 offood or drink wholly or partly manufactured from any such produce, and fleeces and the skins ofanimals; (b) "counterfeit" has the meaning assigned to that word by section 28 of the Indian PenalCode (45 of 1860); (c) "covering" includes any vessel, box, crate, wrapper, tray or other container; (d) "grade designation" means a designation prescribed as indicative of the quality of anyscheduled article; (e) "grade designation mark" means a mark prescribed as representing a particular gradedesignation; (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; 1*** (i) an article is said to be marked with a grade designation mark, if the article itself is marked witha grade designation mark or any covering containing or label attached to such article is so marked; 2[(j) an article is said to be migraded if,-- (i) the article is not of the quality prescribed for the grade designation with which it ismarked; (ii) the composition of the article offered for grading is altered in any way after a sample hasbeen drawn for analysis and determination of the grade designation of the article in accordancewith 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 labelor through advertisement or in any other manner.]

1[(1) The Central Government may, after previouspublication by notification in the Official Gazette, 2[make rules to carry out the provisions of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules mayprovide 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; (c) specifying grade designation marks to represent particular grade designations; (d) authorising a person or a body of persons, subject to any prescribed conditions, to mark with agrade designation mark any article in respect of which such mark has been prescribed or any coveringcontaining or label attached to any such article; (e) specifying the conditions referred to in clause (d) including in respect of any articleconditions as to the manner of marking, the manner in which the article shall be packed, the type ofcovering 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 useof any implement necessary for the reproduction of a grade designation mark or with the manufactureor use of any covering or label marked with a grade designation mark 3[or with measures for thecontrol of the quality of articles marked with grade designation marks including testing of samplesand inspection of such articles or with any publicity work carried out to promote the sale of any classof such articles;] 4*** (g) providing for the confiscation and disposal of produce marked otherwise than in accordancewith the prescribed conditions with a grade designation mark; 5[(h) any other matter which is required to be, or may be, prescribed.] 6[7[(3)] Every rule made by the Central Government under this Act shall be laid, as soon as may beafter it is made, before each House of Parliament, while it is in session, for a total period of thirty dayswhich may be comprised in one session or in two or more successive sessions, and if, before the expiry ofthe session immediately following the session or the successive sessions aforesaid, both Houses agree inmaking any modification in the rule or both Houses agree that the rule should not be made, the rule shallthereafter have effect only in such modified form or be of no effect, as the case may be; so, however, thatany such modification or annulment shall be without prejudice to the validity of anything previously doneunder that rule.]

1 [3A. Powers of entry, inspection and search.--(1) Any officer of the Central Government or aState Government or any authority, being an officer of a gazette drank or of equivalent rank, authorisedby the Central government may, if he has reason to believe that any provision of this Act or the rulesmade thereunder has been, or is being, contravened, enter any premises at any reasonable time and makenecessary inspection of, and search for, the agricultural produce in relation to which such contraventionhas been, or is being, made. (2) Every authorisation made under sub-section (1) shall be deemed to be a warrant referred toin section 93 of the Code of Criminal Procedure, 1973 (2 of 1974).]

1[3B. Powers of the authorised officer to seize agricultural produce.--(1) An officer authorisedunder sub-section (1) of Section 3A may seize and detain any agricultural produce in relation to which anoffence under this Act or the rules made thereunder is being, or appears to have been, committed, orwhich 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 ornatural decay, the officer so authorised may dispose of such produce in such manner as may beprescribed. (2) The provisions of section 102 of the Code of Criminal Procedure, 1973 (2 of 1974) shall apply toevery seizure made under this section.]