Agricultural Produce (Grading and Marking) Act,1937

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Act No : 1


Section : Explanations

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 (45 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;
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1 This Act comes into force in Pondicherry on 1-10-1963: vide Reg. 7 of 1963, s. 3 and Sch. I. Extended to and brought into force in Dadra and Nagar Haveli by Reg. 6 of 1963, s. 2 and Sch. I (w.e.f. 1-7-1965). Extended to Goa, Daman and Diu: vide notification No. G. S. R. 679, date 1-5-1956, Gazette of India, Pt. II, Sec. 3(i), p. 742. 2 Ins. by Act 13 of 1942, s. 2, (w.e.f. 24-2-1937). 3 Subs. by the A. O. 1948, for sub-section (2). 4 The words "except the State of Jammu and Kashmir" omitted by Act 25 of 1960, s. 2. 36 (h) "scheduled article" means an article included in the Schedule; 1*** (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. 2*[(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.]


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