General Grading and Marking (amendment) Rules, 2024

REGD. No. D. L.-33004/99 The Gazette of India CG-HR-E-12042024-253682 EXTRAORDINARY PART II—Section 3—Sub-section (i) PUBLISHED BY AUTHORITY No. 231] NEW DELHI, FRIDAY, APRIL 12, 2024/CHAITRA 23, 1946 2547 GI/2024 MINISTRY OF AGRICULTURE AND FARMERS WELFARE (Department of Agriculture and Farmers Welfare) NOTIFICATION New Delhi, the 12th April, 2024 G.S.R. 245(E). -The following draft of the General Grading and Marking (Amendment) Rules, 2024, which the Central Government proposes to make in exercise of the powers conferred by section 3 of the Agricultural Produce (Grading and Marking) Act, 1937 (1 of 1937) as amended up to 2023, is hereby published as required by the said section for information of all persons likely to be affected thereby, and notice is hereby given that the said draft rules shall be taken into consideration after the expiry of a period of forty-five days from the date on which the copies of the Gazette of India containing this notification are made available to the public. All objections or suggestions which may be received from any person with respect to the said draft rules before the expiry of the period so specified will be taken into consideration by the Central Government. Any person desirous of making any suggestion in respect of the said draft rules, may forward the same, within the period specified above, to the Agricultural Marketing Adviser to the Government of India, Directorate of Marketing and Inspection, Head Office, CGO Complex, NH - IV, Faridabad (Haryana) 121001. 1. Short title and application: i. These Rules may be called the General Grading & Marking (Amendment) Rules, 2024 ii. They shall apply to all articles of agricultural and other produce included in the Schedule to the Act. iii. They shall come into force from the date of their final publication in the official Gazette of India. 2. In the General Grading and Marking Rules, 1988, (amended up to, 2009) (herein after referred to as the principal rules), in rule 2 after sub rule (r) following Definitions shall be inserted: (s) "Adjudicating Officer” means any officer appointed/ notified under section 5 (C) of the Act. (t) "Inquiry" means the inquiry referred in section 5 (C) of the Act. 3. In the principal rules, in rule 2 after Definitions the following shall be inserted: “ (2) The words and expressions used and not defined in these rules but defined in the Act and rules made thereunder shall have same meaning as assigned to them in the Act and the said rules, as the case may be." 4. In the principal rules, Rule 20 shall be omitted. 5. In the principal rules following rules shall be inserted after Rule 19:- "20. Penalty and Adjudication: 1. Penalty provisions: (1) Any person or body of persons without being authorised found to be involved in to grade and mark any article under the provisions of the Act shall attract penalty as provided under Section 4 of the Act by the Adjudicating Officer. (2) Any person or body of persons found to be involved in any activity to counterfeit any grade designation mark or who has in his possession any die, plate or other instrument for the purpose of counterfeiting a grade designation mark shall attract penalty as provided under Section 5 of the Act by the Adjudicating Officer. (3) Any person or body of persons found to be involved in any activity to sell any scheduled article which is misgraded and/or not conforming to any prescribed grade as per section 3 of the said Act shall attract penalty as provided under Section 5 (A) of the Act by the Adjudicating Officer. (4) Any person or body of persons found to be involved in selling any scheduled article which is not marked with the grade designation mark as notified in official gazette shall attract penalty under Section 5 (B), sub section 4 of the Act by the Adjudicating Officer. 2. Adjudication proceedings: (1)An officer duly authorised by the Agricultural Marketing Adviser, if found that any article belongs to any person or body of person has contravened Section 4, 5, 5(A) and 5(B) sub-section(4) of the Act will report to the Adjudicating Officer for adjudication of the contravention alleged to have been committed. (2) The Adjudicating Officer shall examine the case on the basis of the sections under which the person has been alleged for contravention and commence the inquiry proceedings. (3) The Adjudicating Officer shall have power to hold an inquiry for purpose of adjudicating on contraventions under sections 4, 5, 5(A) and 5(B) sub- section(4) of the Act. (4) For holding an inquiry for the purpose of adjudication under section 5C of the Act as to whether any person(s) has/have committed contravention to any of the provisions of the Act referred to Rule 20 sub Rule 2(3) herein or the rules in respect of which the contravention is alleged to have been committed, the Adjudicating Officer shall, in the first instance, issue a notice to such person or persons giving him or them an opportunity to make a representation in the matter within 30 days from the date of service of the notice. (5) Every notice under Rule 20 sub rule 2(4) to any such person shall indicate the nature of contravention alleged to have been committed by him or them, the section(s) of the Act alleged to have been contravened, and the date of hearing of the matter. A copy of the report of the authorised officer shall also be annexed to this notice. (6) On the date fixed for hearing, the Adjudicating Officer shall explain to the person or persons proceeded against or to his authorized representative, the contravention alleged to have been committed by such person, indicating the provision of the Act or Rules in respect of which the contravention is alleged to have taken place. (7)The Adjudicating Officer shall then give an opportunity to such person or persons to produce such documents or evidence as he may consider relevant to the inquiry and if necessary the hearing may be adjourned to a future date provided that the notice referred to in Rule 20 sub rule 2(4) may, at the request of the person concerned, be waived. Provided further that the Adjudicating Officer shall pass the final order within 90 days from the date of first hearing mentioned under Rule 20 sub rule 2(6) above. (8) While holding an inquiry under this rule, the Adjudicating Officer shall have the power to summon and enforce the attendance of any person acquainted with the facts and circumstances of the case to give evidence or to produce any document which, in the opinion of the Adjudicating Officer may be useful for or relevant to, the subject matter of the inquiry. (9) If any person fails, neglects or refuses to appear as required by Rule 20 sub rule 2(4) & (5) before the Adjudicating Officer, the Adjudicating Officer may proceed with the inquiry in the absence of such person, after recording the reasons for doing so. (10) While adjudging the quantum of penalty an adjudicating officer shall have due regard to the following:- a. the amount of gain or unfair advantage, wherever quantifiable, made as a result of the contravention, b. the amount of loss caused or likely to be caused to any person as a result of the contravention, c. the repetitive nature of the contravention, d. whether the contravention is without his knowledge, and e. any other relevant factor. (11) If, upon consideration of the evidence produced before the Adjudicating Officer, the Adjudicating Officer is satisfied that the person or body of persons or any of them against whom the inquiry has been conducted, has become liable to penalty and/or any suitable administrative action under any of the sections referred to in Rule 20 sub rule 2(3); he may, by order in writing, impose such penalty as he thinks fit, in accordance with the provisions of the relevant section or sections of the Act. (12) If however, the Adjudicating Officer is satisfied that the person or persons or any of them against whom the inquiry has been conducted for the contravention of provisions of the Act, has or have not been proved beyond doubt, the Adjudicating Officer shall dismiss the case. (13) Every order made under Rule 20 sub rule 2(11) shall specify the provisions of the Act or the rules or the regulations in respect of which the contravention has taken place and shall contain brief reasons for such decision. While imposing monetary penalty, the Adjudicating Officer shall have due regard to Rule 20 sub rule (10). Such penalty will be remitted on https://bharatkosh.gov.in/ payment portal. 21. Appeal (1) Any person aggrieved by an order made under relevant section of the said Act and this rule 20 sub rule 2(11), shall file an appeal under section 5D of this Act to the Agricultural Marketing Adviser within thirty days from the date of receipt of order against which the appeal is filed, is relevant by the appellant. No appeal shall be admitted if it is preferred after the expiry of the period prescribed. Provided that an appeal may be admitted a maximum of another 30 days after the expiry of the period prescribed therefor if the appellant satisfies the Agricultural Marketing Adviser that he had sufficient cause for not preferring the appeal within the prescribed period. (2) A memorandum of appeal shall be presented in Form of Appeal (Annexure I) by any aggrieved person to the Agricultural Marketing Adviser and shall be sent by registered post. A memorandum of appeal (Annexure II) sent by post shall be deemed to have been presented in the office on the day it is received in the office. (3) Every Memorandum of Appeal filed under Rule 21 sub rule (1) shall set forth concisely under distinct heads, the grounds of such appeal and such grounds shall be numbered consecutively. (4) It shall not be necessary to present separate memorandum of appeal to seek interim order or direction, if the same is prayed for in the Memorandum of Appeal. (5) Every appeal made under section 5 D shall be filed in duplicate and shall be accompanied by a self- attested copy of the order appealed against. (6) Every appeal made under section 5 D shall be accompanied by a receipt of fee of 10% of the penalty imposed or minimum two thousand rupees to be remitted on https://bharatkosh.gov.in/payment portal. (7) Every appeal presented to the Agricultural Marketing Adviser shall be in English or official language or the local language of the state and shall be fairly and legibly typed or printed, in double spacing on one side of standard petition paper, duly paginated, indexed and stitched together in paper book form. Appeal shall be divided into paragraphs and shall be numbered consecutively. Every interlineations erasing or correction or deletion in any appeal filed before the Agricultural Marketing Adviser shall be duly signed by the party or his authorized person in writing. (8)The Agricultural Marketing Adviser may call for relevant documents from the appellant or adjudicating officer or any person relevant to the matter and may after such inquiry in the matter as he considers necessary and after giving an opportunity to the parties to be heard, pass such orders as he thinks fit. (9)The appeal shall be disposed of within sixty days from the date of filing appeal. (10) The Agricultural Marketing Adviser suo-moto, or on an application made in the form as specified by the Directorate from time to time, review and reconsider any order passed under rule 20 sub rule 2(11) by an adjudicating officer to whom the powers have been delegated by him and may confirm, modify or set aside the orders passed by such officer after the review." [F.No. Q-11047/05/AP(G&M) Act/2022-Std] FAIZ AHMED KIDWAI, Addl. Secy. (Marketing) Note. - The principal rules were published in the Gazette of India vide GSR no. 434, dated 17th May, 1989 and were last amended vide G.S.R. No. 796(E), dated 30thOctober, 2009. FORM OF APPEAL (Annexure I) To, The Agricultural Marketing Adviser Directorate of Marketing and Inspection Block A, New CGO Complex Faridabad Sir, 1. I, ......................................... S/o, D/o, W/o............................... aged.......................... years and resident of........................................... do hereby solemnly affirm and state that: 2. I am the sole Proprietor/ Partner/ Director of the firm namely......................................... situated at .......................................................................................... 3. In accordance with the provision of the Agricultural Produce (Grading & Marking) Act, 1937 amended up to 2023 and the Rules made thereunder, an appeal against the order dated passed by the Adjudicating Officer, (Place). (Signature of the Appellant) (Annexure II) INDEX (Specimen Index) +---------+-----------------------------------+------------+ | Srl. No.| EXHIBIT PARTICULARS | Page No. | +=========+===================================+============+ | 1. | Memorandum of Appeal | | +---------+-----------------------------------+------------+ | 2. | Copy of the Order dated ____issued | | | | by the Adjudicating Officer | | +---------+-----------------------------------+------------+ | 3. | Other relevant documents and | | | | enclosures | | +---------+-----------------------------------+------------+ MEMORANDUM OF APPEAL 1. Particulars of the Appellant i. Name of the Appellant: ii. Address of the Appellant: iii. Address on the Order issued by the Adjudicating Officer iv. Contact details (email/ telephone) 2. Facts of the case: Here give a concise statement of facts of the case and grounds of appeal against the specified order, in a chronological order, each paragraph containing as neatly as possible a separate issue, fact or otherwise. 3. Relief(s) sought: In view of the facts mentioned in paragraph 2 and the grounds on which the impugned order is challenged, the Appellant prays for the following relief(s). 4. Matters not pending with any other court: The Appellant further declares that the matter regarding which this appeal has been filed, is not pending before any court of law or any other authority or any other Tribunal. 5. Payment of appeal fee paid: i. Amount of fee Rs.: ii. Mode of Payment and Bank and Transaction id: 6. List of enclosures and enclosures (Signature of the Appellant) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.