[24th February 1937.]
WHEREAS it is expedient to provide for the grading and marking of agricultural 2[and other] produce; It is hereby enacted as follows:
3[(2) It extends to the whole of India 4***.]
6[(j) an article is said to be migraded if,—
5[(h) any other matter which is required to be, or may be, prescribed.]
6[7[(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 form 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[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 gazette drank 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 to 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 (2 of 1974).
3B. Powers of the authorised officer to seize agricultural produce.—(1) An officer authorised under sub-section (1) of Section 3A 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 (2 of 1974) shall apply to every seizure made under this section.]
4 [5A. Penalty for selling migraded articles.—Whoever sells any scheduled article which is migraded 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 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 a declaration to that effect.
5C. Institution of prosecution.—No court shall take cognizance of an offence punishable under this Act except upon a complaint in writing made by—
Explanation.—For the purposes of this section, “recognised consumer association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force.]