Updated: Monday January 06, 2014/AlEthnien Rabi' Awwal 05, 1435/Somavara Pausa 16, 1935, at 09:07:05 PM

The Agricultural Produce (Grading and Marking) Act, 1937

ACT No. I of 1937

(For Statement of Objects and Reasons, see Gazette of India, Extraordinary, dated the 13th February, 1937, p. 71.

The Act has been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G. G. O. 3 of 1950) ; and applied m the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. 1, p. 1499.

It has also been extended to the State of Bahawalpur by the Bahawalpur (Extension of Federal Laws) Order, 1953 (G. G. O. 11 of 1953), as amended.)

[24th February, 1937]

An Act to provide for the grading and marking of agricultural (Ins. by the Agricultural Produce (Grading and Marking) Amendment Act, 1942 (13 of 1942), s. 2) [and other] produce

WHEREAS it is expedient to provide for the grading and marking of Agricultural (Ins. by the Agricultural Produce (Grading and Marking) Amendment Act, 1942 (13 of 1942), s. 2) [and other] produce; It is hereby enacted as follows:---

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

(Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch. (with effect from the 14th October, 155), for subsection (2), as amended by A. O., 1949, and the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 8) [(2) It extends to the whole of Pakistan.]

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 Pakistan Panel Code XVL 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; and

(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.

3. Prescription of grade designations. The (Subs. by A. O., 1937, for “G. G. in C”)[Central Government] may, after previous publication by notification in the (Subs. ibid., for “Gazette of India”.) [official Gazette], make rules(For such rules, see Gazette of India, 1937, Pt. I, pp. 547 to 564. For Grapes Grading and Marking Rules, 1952, see Gaz. of P.,1952, Pt. I, pp. 63-66.

For the Wool Grading and Marking Rules, 1953 see Gaz. of P., 1953, pp. 293-297.

For the Spices Grading and Marking Rules, see Gaz. of P., 1959, Pt. I, pp. 178-179; and for the Malta Oranges Grading and Marking Rules, 1961, see Gaz. of P., 1961, pp 53-54.

For the Animal Hair (Grading and Marking) Rules, 1961, see Gaz. of P., 1961, Pt. I, pp. 148151.

For the Coriander Seed Grading and Marking Rules, 1962, see Gaz. of P., 1963; Pt. I, pp.301-302),---

(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 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 (Ins. by the Agricultural Produce (Grading and Marking) Amendment Act, 1943 (20 of 1943), s. 2.)[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]; and

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

4. Penalty for unauthorized 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 fine which may extend to five hundred rupees.

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 which may extend to two years, or with fine, or with both.

6. Extension of application of Act. The (Subs. by A. O., 1937, for “G. G. in C.”.) [Central Government], after such consultation as(Subs. ibid. for “he”.)[it] thinks fit of the interests likely to be affected, may by notification in the (Subs. ibid., for “Gazette of India”.) [official Gazette] declare(The provisions of this Act have been applied to wool, see Gaz. of P., 1953, Pt. 1, p. 252 ; “Animal Hairs”, see ibid. , 1959, Pt. 1, p. 275; and also “Coriander-Seed” (Whole), see ibid., 1962, Pt. 1, p. 548.) that the provisions of this Act shall apply to an article of agriculture produce not included in the Schedule (Ins. by the Agricultural Produce (Grading and Marking) Amendment Act, 1942 (13 of 1942), s. 3 (with effect from the 24th February, 1937).) [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.

THE SCHEDULE

(See section 2)

1. Fruit.

2. Vegetables.

3. Eggs.

4. Dairy produce.

5. Tobacco.

6. Coffee.

7. Hides and Skins.

 

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