Agricultural Produce (Grading and Marking) Act, 1937 (Act No. 1 of 1937)
(as amended up to 1986)
An Act to provide for the grading
and marking of agricultural and other produce.
Whereas it is expedient to provide
for the grading and marking of agricultural and other produce; it is hereby
enacted as follows:-
(1) This Act may be called the
Agricultural Produce (Grading and Marking) Act, 1937.
(2) It extends to the whole of
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
(b) "counterfeit" has the meaning assigned to
that word by Section 28 of the Indian Penal Code (XLV 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 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;
(i) An 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.
(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
(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.
(1) The Central Government may, after previous
publication by notification in the Official Gazette, 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 may provide for all or any of
the following matters; namely:-
(a) fixing grade designation to indicate the
quality of any scheduled article,
(b) defining the quality indicated by every
(c) specifying grade designation marks to
represent particular grade designations,
(d) authorizing 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 marketing, 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 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.
(g) providing for the confiscation and
disposal of produce marked otherwise than in accordance with the prescribed
conditions with a grade designation mark,
(h) any other matter which required to be, or
may be, prescribed.
(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 from 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.
(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, authorized by the Central Government, may, if he has
reason to believe that any provision of this Act or the rules made hereunder
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 which such contravention has been, or is being made.
(2) Every authorization made under sub-section
(1) shall be deemed to be a warrant referred to in section 93 of the code of
Criminal Procedure, 1973.
(1) An officer authorized 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 there under 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 authorized 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, shall apply to every seizure made under this
Whoever marks any scheduled
article with a grade designation mark, not being authorized to do so by rule
made under Section 3, shall be punishable with imprisonment for a term not
exceeding six months and fine not exceeding five thousand rupees.
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 for a term not exceeding three years and fine
not exceeding five thousand rupees.
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.
(1) Where the Central Government is of the
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 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 publishable with imprisonment for a term not exceeding six
months and fine not exceeding five thousand rupees.
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
(c) a recognised consumer association, whether
the person aggrieved is a member of that association or not.
For the purpose of this section,
"recognized consumer association" means a voluntary consumer association
registered under the companies Act, 1956, or any other law for the time
being in force.
The entral 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 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.
1. The Agricultural Produce (Grading and
Marking) act, 1937. (Act No. 1 of 1937)
2. The Agricultural Produce
(Grading and Marking) Amendment Act, 1942 ( Act No. XIII of 1942).
Agricultural Produce (Grading and Marking) Amendment Act, 1943 (Act No. XX
4. The delegated legislation Provisions (Amendment) Act, 1983.
5. The Agricultural Produce (Grading and Marking) Amendment Act, 1986 (No.
76 of 1986).