Subject NOT available · Indian Gazettes

click here for IIIF manifest

REGISTERED No. L. 3131.

The Gazette of India

EXTRAORDINARY.

PUBLISHED BY AUTHORITY.

NEW DELHI, SATURDAY, FEBRUARY 13, 1937.

GOVERNMENT OF INDIA.

LEGISLATIVE ASSEMBLE DEPARTMENT.

NOTIFICATION.

New Delhi, the 13th February 1937.

No. V. 110-I/37-A.—Under rule 18 of the Indian Legislative Rules, the Governor General has been pleased to order the publication in the Gazette of India of the following Bill, together with the Statement of Objects and Reasons relating thereto, and the Bill and Statement of Objects and Reasons are accordingly published for general information:—

L. A. BILL* NO. 10 OF 1937.

A Bill to provide for the grading and marking of

agricultural produce.

WHEREAS it is expedient to provide for the grading and marking of agricultural produce ; It is hereby enacted as follows :—

1. (1) This Act may be called the Agricultural Short title and extent.

Produce (Grading and Marking) Act, 1937.

(?) It extends to the whole of British India, includ- ing British Baluchistan and the Sonthal Parganas but excluding Burma.

* The Governor General has been pleased to accord the

sanction required by section 67 (2) of the Government of India Act.

( 69 )

[Price 1 anna.']

70 THE GAZETTE OF INDIA, EXTRAORDINAEY, FEBRUARY l8, 1987.

Exj>UiiBtion", 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 oi food or drink wholly or partly manufactured from any such produco,^and fleeoes and the skins of animals ;

XLT 0^1860.

(6) " oounterfoit" has tho meaning aligned to that word by seotion 28 of the Indian Penal Code ; ;\

wrappor, tray or other container ;

(d) " grade designation " moans a designation prescribed aa indicative of the quality of any scheduled article ;

(e) " grade designation m a r k" means a mark prescribed as representing a particular grade designation ;

(/) " quality ", in relation to any article, inoludea

the state and condition of the article ;

(g) " prescribed " means prescribed by rules made

under this Aot ;

(h) " aoheduled artiole " means an article included

in the Schedule ; and

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

3. The Governor General in Council may, by noti-

Ication in the Gazette of India, make rules —

Trworlptlon of "nide detlgna- flon".

(a) fixing grade designations to indicate the quality

of any scheduled article ;

(6) denning the quality indicated by every grade

designation ;

present particular grade designations ;

(d) authorising a person or a body of persons, subjoot to any prescribed conditions, to mark with a grade designation mark any artiole in rospect of which such mark has been prescribed or any covering containing or label attached to any puch articlo ;

{e) specifying the conditions referred to in clause (d) including in respect of any article condi- tions as to tho manner of marking, the man- ner in which the article shall be packed, the type of fovering to bo used, and the quantity by weight, numbor or otherwise to be includ- ed in each covering;

(f) providing for tho payment of any expenses inourrcd in connection with the manufacture or uso of any implement necessary for the re- production of a grade designation mark or with the manufacture or uso of any oovering or labol marked with a grado designation mark; and

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

4. Whoever marks any sohedided article with a grade

Penalty (or UDAnthoilied marking with

mark.

Co Itnlgnft-

lesignation mark, not being authorised to do so by rule made under section 3, or otherwise than in aooordanoe with any conditions proscribed thereunder, shall be punishable with fine which may extend to five hundred rupees.

THE GAZETTE OF INDIA, EXTEAORDINARY, FEBKUARY 1& 1987. 71

Penalty lor

iounterfeitlng

jr&de (l&ilgna-

iloQ mark*

5. 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 imprison- ment which may extend to two years, or with fine, or with both.

Extension of

ippllcatlon of

kot.

6. The Governor General in Council, after such oon- sultation as he thinks fit of the interests Jikely to be affected, may by notification in the Gazette of India deolare that the provisions of this Act shall apply to an article of agricultural produce not included in the Sohedule, and on the publication of such notification suoh artiole shall be deemed to be inoluded 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.

STATEMENT OF OBJECTS AND REASONS.

In connection with the marketing surveys initiated by the Government •of India, experiments have been started for the better grading of certain agri- cultural commodities, e.g., hides and eggs. These experiments, which have been started after consultation with and the fullest co-operation of the local trade, have achieved marked success in creating a desire in the trade for the sorting and paoking of the produce concerned according to prescribed grade specifications, and the marking of suoh grades of produce in a distinctive manner. These labels, seals and marks acquire a trade valuo by reason of the guarantee that they offer of the produce to whioh they are attached having been graded under supervision and the merohants and manufacturers oon- oernod are of opinion that the use of such marks, etc, should be safeguarded against improper or unauthorised use. As tho practice of using such marks is still only in an experimental stage, it is not proposed to make it obligatory on all persons who may be dealing in that commodity, but to limit it only to those who desiro to participate in the experiment. No person, however, may make use of the mark without proper authority, or except in conformity with conditions that may be presoribod. Imitation or forgery of a prescribed mark must also be penalised if the experiment is to prove successful, The Bill is designed to achieve these objects.

G. S. BAJPAI.

NEW DELHI ;

The 8th February, 1937.

MD. EAFI, Secy, to the Govt, of India.

PUBLISHED BY MANAGES or PUBLICATIONS, DILBI. PRINTED BY rai MANAOKB, GOVERNMENT or INDIA PBISB, N"W DELHI-