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. Short title and extent
(1) This Act may be called the Agricultural Produce (Grading and Marking) Act, 1937.
(2) It extends to the whole of India.
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 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 manner; and
(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.
3. Prescription of grade designations
(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 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 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.
3A. Powers of entry, inspection and search
(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, authorised by the Central Government, may, if he has reason
to believe that any provision of this Act or the rules made thereunder 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 authorisation made under sub-section (1) shall be deemed to be a warrant referred to in
section 93 of the code of Criminal Procedure, 1973.
3B. Powers of authorised officer to seize agricultural produce
(1) An officer authorised 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 thereunder 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 authorised 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 section.
4. Penalty for un-authorised 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 imprisonment for a term not exceeding six
months and fine not exceeding five thousand 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 for a term not exceeding three years and fine not exceeding five thousand rupees.
5A. Penalty for selling misgraded articles
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.
5B. Power to prescribe compulsory grade designations in respect of certain articles
(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 punishable with imprisonment for a
term not exceeding six months and fine not exceeding five thousand rupees.
5C. Institution of prosecution
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.
Explanation
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.
6. Extension of application of Act
The Central 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.
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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).
3. The Agricultural Produce (Grading and Marking) Amendment Act, 1943 (Act No. XX of 1943).
4.The delegated legislation Provisions (Amendment) Act, 1983.
5. The Agricultural Produce (Grading and Marking) Amendment Act, 1986 (No. 76 of 1986).
SCHEDULE APPENDED TO AP (G&M) ACT, 1937
(See Section 2)
1. Fruits …….
2. Vegetables …….
3. Eggs …….
4. Dairy produce ……
5. Tobacco …….
6. Coffee …….
7. Hides and skins …….
AUTHORITY
8. Fruit products …….
9. Atta …….
10. Oil Seeds …….
11. Vegetable oils (including
Govt. of India, Deptt. of Education, Health and Lands Notification
Hydrogenated oils and rd
No. F. 57-3/39-A, dated-23 March, 1939.
vegetable fats) …….
12. Cotton …….
13. Rice …….
14. Lac ……. Govt. of India, Deptt. of Education, Health & Lands Notification
th
No. F.57-18/39-A, dated 10 October, 1939.
15. Wheat ……. Education, Health and Lands Deptt. Notification No. F. 3-9
th
(1)/41-A, dated 17 March, 1941.
16. Sann Hemp ……. Education, Health and Lands Deptt. Notification No. F. 3-9
st
(3)/41-A, dated 21 April, 1941.
17. Sugercane (Jaggery)…….. Education, Health and lands Deptt. Notification No. F. 3-
th
26(5)/41-A, dated 16 February, 1942.
18. Myrobalans ……… Education, Health and Lands Deptt. Notification No. F. 4-3/42-A,
th
dated 11 June, 1942.
19. Bura ……. Education, Health and Lands Deptt. Notification No. F.3-26/41-A,
th
dated 5 August, 1942.
th
20. Wool and goat Hair……. Ministry of Agriculture, Notification No. 5-18/48 Co., dated 6/13
August, 1948.
21. Bristles ……… Ministry of Agriculture Notification No. F. 4-5/50 Marking, dated
th
25 November 1950.
22. Rosin & Turpentine……. Ministry of Food & Agriculture (Agri.) Notification No. F.4-3/51-
th
D/II (M), dated 10 May, 1951.
23. Arecanuts …….. Ministry of Food & Agriculture (Agri.) Notification No. F. 4-4/5I-
th
Dte. II (M), dated 25 May, 1951.
24. Essential Oils …….. Ministry of Food & Agriculture (Agri.) Notification No.F.5-86/52-
nd
Dte. II(M), dated 22 January 1954.
25. Cashew nuts …….. Ministry of Food & Agriculture (Agri.) Notification No. F. 25-1/54-
nd
26. Cardamom …….. Dte. of II, dated 22 April 1954.
27. Pepper …….
28. Ginger …….
29. Honey……. Ministry of Food & Agriculture (Agri.) Notification No.F. 5-31/55-
th
AM, dated 14 September,1955.
30. Curry Powder ……. Ministry of Food & Agriculture (Agri.) Notification No. F. 5/21/55
th
AM, dated 19 January, 1956.
31. Kapok ……. Ministry of Food & Agriculture (Agri.) Notification No. F. 14-
st
48/56-AM, dated 31 May, 1956.
32. Raw Jute ……. Ministry of Food & Agriculture (Deptt. of Agri.) Notification No. F.
th
14-45/56-AM, dated 11 Sept.,1957
33. Paddy…….
34. Millets…….
35. Mesta……. Ministry of Food & Agriculture (Deptt. of Agri.) Notification No. F.
th
5-34/57-AM, dated 15 May, 1958.
36. Chillies…….
37. Turmeric…….
38. Tapioca chips & Tapioca Ministry of Food & Agriculture (Deptt. of Agri.) Notification No. F.
th
flour……. 14-44/57-AM, dated 16 June,1958
39. Sisal and Aloe Fibres……. Ministry of Food & Agriculture (Deptt. of Agri.) Notification No. F.
th
14-221/58-AM, dated 17 March, 1959.
40. Oil cakes……. Ministry of Food & Agriculture (Deptt. of Agri.) Notification No.
th
F.5-3/50-AM, dated 20 June,1959.
41. Pulses…….
42. Walnut…….
43. Animal Casings (cattle,
buffaloes, sheep, goats
and pigs)……. Ministry of Food & Agriculture (Deptt. of Agri.) Notification No. F.
th
14-134/60-AM, dated 9 November, 1960
44. Guar Gum…….
45. Karaya Gum…….
46. Senna Leaves &
Pods…….
47. Palmyra fibre…….
48. Catechu…….
49. Tendu leaves…….
50. Water chestnuts……. Ministry of Food & Agriculture (Deptt. of Agri.) Notification No. F.
rd
17-15/63-AM, dated 23 July, 1963.
51. Edible Mushrooms……. Ministry of Food & Agriculture, C.D. & Co-operative (Deptt. of
th
Agri.) Notification No. F. 17-22/63-AM, dated 11 September,
1963.
52. Poppy Seed……. Ministry of Food & Agriculture, (Deptt. of Agri.) Notification No. F.
rd
17-27/63-AM, dated 3 October, 1963.
53. Cashew Shell Oil Ministry of Food & Agriculture (Deptt. of Agri.) Notification No. F.
th
(Liquid)……. 17/63-AM, dated 25 February, 1964.
54. Beeswax……. Ministry of Food & Agriculture (Deptt. of Agri.) Notification No. F.
th
17-16/64-AM, dated 28 Aug. 1964.
55. Gram (Cicer arietinum
L.)…….
56. Jowar (Sorghum vulgare
Pers)…….
57. Maize (Zea mays L)……. Ministry of Food & Agriculture (Deptt. of Agriculture) Notification
st
No. F. 17/28/64-AM, dated 1 May, 1965.
58. Barley (Hordeum vulgare
L)…….
59. Ragi (Eleusine coracana
Gaertn.)…….
60. Bajra (Pennisetum
typhoides Stapf and
Hubbard)…….
61. Sheekakai Powder……. Min. of Food and Agriculture (Deptt. of Agri.) Notification No.
th
F.15-28/65-AM, dated 4 Sept., 1965
62. Meat chiken and dressed Min. of Food & Agriculture C.D. & Cooperative (Deptt. of Agri.)
th
chicken meat……. Notification No. F. 15-7/66-AM, dt. 17 January,1967.
63. Saffron……. Ministry of Food & Agriculture, Community Development and Co-
operative (Deptt. of Agri.), Notification No. 13-26/69-LA, dated
th
29 April, 1969.
64. Soybean……. Min. of Food & Agriculture C.D. & Cooperative (Deptt. of Agri.)
th
Notification No. F. 13-26/69-LA, dated 5/6 November, 1969.
65. Hay……. Min. of Food & Agriculture C.D. & Cooperative (Deptt. of Agri.)
th
Notification No. F. 13-18/69, dated 8 November, 1969.
66. Buffalo Hair……. Min. of Food & Agriculture Community Development &
Cooperative (Deptt. of Agri.) Notification No. F. 13-22/69-LA dt.
th
18 November, 1969.
67. Tamarind & Tamarind Min. of Food & Agriculture, Community Development & Co-
Product……. operative (Deptt. of Agri.) Notification No. 13-30/69-LA, dated
th
14 January, 1970.
68. Compounded Ministry of Food & Agriculture and Community Development and
Asafoetida……. Co-operative (Deptt. of Agri.), Notification No. 13-3/70-LA, dated
th
. 4 July, 1970.
69. Besan……. Ministry of Food & Agriculture, Community Development and Co-
operative (Deptt. of Agri.), Notification No. 13-12/71-LA dated
th
19 February, 1972.
70. Papain……. Ministry of Agriculture (Deptt. of Agri.) Notification No. 13-2/72-
th
C&M, dated 9 September,1972
71. Coconut (including Ministry of Agriculture (Deptt. of Agriculture ) Notification No. 13-
st
Copra)……. 5/72-C&M, dated 21 October,1972
72. Suji & Maida……. Ministry of Agriculture (Deptt. of Agriculture ) Notification No. 13-
st
2/73-AM, dated 31 January,1974
73 Tea……. Ministry of Agriculture (Deptt. of Agriculture ) Notification No. 13-
th
2/74-AM, dated 5 April,1974
74 Agar Agar……. Ministry of Agriculture (Deptt. of Agriculture ) Notification No. 13-
st
9/72-AM, dated 21 June,1974
75 Isubgol Husk……. Ministry of Agriculture (Deptt. of Agriculture ), Notification No. 13-
th
4/73-AM, dated 29 June,1974
76 Carcass meat and Ministry of Agriculture (Deptt. of Agriculture ), Deptt. of R/D,
th
products thereof……. Notification No. 13-3/74-AM, 5 March, 1975
77 Sago……. Ministry of Agriculture & Irrigation (Deptt. of R/D), Notification No.
th
13-15/75-AM, dated 27/29 November, 1976
th
78 Raw Meat ( Chilled/ S.O. 1225 dated 11 April, 1977.
Frozen)…….
79 Cocoa beans & its Ministry of Rural Reconstruction, Notification No. 10-16/81, dated
th
powder……. 16 December, 1981
80 Coriander
81 Cumin
82 Fennel
Ministry of Rural Areas and Employment GSR 684 (E)
th
dated 6 November, 1998
83 Fenugreek
84 Celery
85 Aniseed
86 Bishopweed
87 Caraway
88 Dill
89 Cinnamon Ministry of Rural Areas and Employment GSR 684 (E)
th
dated 6 November, 1998
90 Cassia
91 Garlic
92 Curry Leaf
93 Kokam
94 Mint
95 Mustard
96 Parsley
97 Pomegranate Seed
98 Saffron
99 Vanilla
100 Tejpat
101 Pepper Long
102 Star Anise
Ministry of Rural Areas and Employment GSR 684 (E) )
th
103 Sweet Flag dated 6 November, 1998
104 Greater Galanga
105 Horse- Raddish
106 Caper
107 Clove
108 Asafoetida
109 Cambodge
110 Hyssop
111 Juniper Berry
Ministry of Rural Areas and Employment GSR 684 (E) )
th
dated 6 November, 1998
112 Bay Leaf
113 Lovage
114 Marjoram
115 Nutmeg
116 Mace
117 Basil
118 Poppy Seed
119 All - Spice
120 Sage
121 Rosemary
122 Savory
123 Thyme
124 Oregano
125 Terragon
126 Tamarind
127 Edible Starch
128 Edible Common Salt
129 Amchoor
130 Sesame Seed
131 Vermicelli
th
132 Macaroni Ministry of Agriculture GSR No. 734(E) dated 10
October,2008
133 Spaghetti
134 Makhana
135 Dates
136 Palm kernels
137 Neem seed
138 Neem oil
139 Almond oil
140 Cut-Flowers
141 Palm jaggery
142 Cheese spread
143 Paneer
144 Garlic paste
145 Soy milk
146 Soy powder
147 Guar seeds
148 Henna and Henna powder
149 Flour of all Cereals and
Millets
150 Instant Idli mix
151 Instant vada mix
152 Coffee powder
153 Chicori and Chicori powder
154 Chilgoza
155 Oleoresins of spices
156 Ginger paste
157 Onion paste
158 Wafers banana
159 Wafers potato
160 Pistachio
161 Roasted Bengal gram and
powder
162 Olive oil
163 Sattu
164 Jatropha seed
165 Puwad seed
166 Wheat porridge (Dalia)
167 Dehydrated vegetables
168 Dehydrated fruits
169 Khejri pods
170 Tomato powder Ministry of Agriculture GSR No. 734(E) dated 10
th
171 Berkut October,2008
172 Mahua Flower
173 Karanj seed
174 Amla dried and powder
175 Safed Musli
176 Ashwagandha
177 Sheekakai Pods
