Section 18 in Agricultural Produce (Grading And Marking) Act, 1937
18.
/820Object and Reasons.- Act No. 25 of 1960. - The Agricultural Produce (Grading and Marking) Act, 1937 does not at present extend to the State of Jammu and Kashmir. The provisions of the Act deal mainly with the prescription and protection of merchandise marks and as such fall within entry 49 of List 1 of the Seventh Schedule to the Constitution. The State Government of Jammu and Kashmir have agreed to the extension of the Act to that State. The proposed Bill seeks to extend the Act to the State of Jammu and Kashmir. - Gazette of India, 19-4-1960, Pt. II, Section 2. Ext. p. 332.Act No. 76 of 1986. - The Agricultural Produce (Grading and Marking) Act, 1937 provides for the grading and marking of agricultural and other allied commodities with the objectives of making available quality agricultural produce including horticulture and livestock produce to the consumers. Under this Act, the Central Government has been authorised to make rules fixing grade designation to indicate the quality of any scheduled article, denning the quality indicated by every grade designation; specifying grade designation mark to represent particular grade designation authorising interested parties to grade; specifying conditions regarding manner of marking, packaging etc. and providing for the confiscation and disposal of produce marked otherwise than in accordance with the prescribed conditions with a grade designation mark. The insignia used for grading is 'AGMARK'. Grading under this Act is purely voluntary in nature. Despite the elaborate procedures prescribed in the rules under the Act, complaints have been received about the quality of Agmarked goods.2. With a view to protect the interests of the consumers and to ensure that there is no misgrading of articles, the following major amendments are proposed :(a) misgraded article is proposed to be defined as one not of the quality prescribed for the grade designation with which it is marked;(b) the punishment prescribed under sections 4 and 5 of the Act for unauthorised or improper marking with grade designation mark and counterfeiting grade designation mark is proposed to be increased from Rs. 500 as fine to a penalty of imprisonment up to six months and fine up to Rs. 5,000 and from the existing penalty of imprisonment up to Rs. 5,000 and from the existing penalty of imprisonment up to two years or fine or both to imprisonment up to three years and fine up to Rs. 5,000 respectively;(c) it is also proposed to impose a fine not exceeding Rs. 5,000 and imprisonment for a term not exceeding six months for selling or distributing misgraded articles or articles not conforming to the prescribed grade or standard;(d) it is proposed to empower the Central Government to introduce compulsory grading with respect to commodities where such grading is deemed to be in the public interest and for the protection of consumers. The compulsory grading is proposed to be introduced in respect of any article or class of articles notified for any specific area or areas. The penalty proposed to be imposed for contravention of this provision is imprisonment up to six months and fine up to Rs. 5,000.(e) no Court shall take cognizance of the offence punishable under this Act except upon a complaint in writing made by Central Government, State Government, any officer authorised to do so, and also by recognised consumer associations and the aggrieved person :(f) it is also proposed that powers of inspection, search and seizures may also be vested in officers belonging to Central Government, or State Government or other authorities authorised by the Central Government.3. The Bill seeks to achieve the above objects and to make some other consequential and clarificatory amendments in the Act. - Gazette of India, 8-12-1986, Pt. II, Section 2, Ext., p. 28 (No. 58).[24th February 1937]An Act to provide for the grading and marking of agricultural [and other] [Inserted by 13 of 1942, Section 2 (w.e.f. 24-2-1937)] produce.WHEREAS it is expedient to provide for the grading and marking of agricultural [and other] [Inserted by 13 of 1942, Section 2 (w.e.f. 24-2-1937)] produce; It is hereby enacted as follows:
