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(Department of Agriculture and Cooperation) DIRECTORATE OF MARKETING AND INSPECTION NOTIFICATION New Delhi, the 2 nd August, 2005 S.O. 2815 ---- I, P.K. Agarwal, Agricultural Marketing Adviser to the Government Of India, in exercise of the powers conferred on me under the General Grading and Marking Rules,1988, and in supersession of all the earlier relevant notifications hereby authorise all the Officers Incharge of the Regional Offices: New Delhi, Mumbai, Kolkata, Chennai, Hyderabad, Chandigarh, Guwahati, Cochin, Lucknow, Jaipur, Bhopal, and the Sub Offices: Bangalore, Dehradun, Patna, Bhubneshwar, Ahmedabad, Ranchi, Jammu, Shimla, Raipur, Shilong, of the Directorate of Marketing and Inspection to exercise the following powers in their jurisdictions, in regard to grading and marking of agricultural and allied products in accordance with the rules made under the provisions of the Agricultural Produce ( Grading and Marking) Act, 1937 (1 of 1937). (i) Rule 3 (6) To grant the Certificate of Authorisation for grading and marking of an article in accordance with the provisions of the Rule made under the Act; (ii) Rule 3 (8) (b) To have access to the premises named in the Certificate of Authorization for ascertaining that marking is correctly performed. (c) To examine the record of the packages marked with each grade designation maintained by the authorized packers. (d) To open and inspect any package bearing a grade designation mark or to take samples of any graded produce provided that all samples shall be paid for. (e) To cancel or remove a grade designation mark from any produce, should such produce be found to be not conforming to the definition of quality prescribed for the grade designation assigned. (f) To ask the authorized packer in writing to hand over the Certificate of Authorisation at any time and give proper receipt therefor. (iii) Rule 4 To renew the Certificate of Authorisation in accordance with the provisions of the Rule made under the Act; (iv) Rule 5 To record changes in the name, style or address of the authorised packer and change of authorized premises in the Certificate of Authorization. (v) Rule 7 (1) To suspend or cancel any Certificate of Authorization, if he is satisfied:- (a) that the authorized packer has not applied, the grade
designation marks correctly; or (b) that the authorized packer has contravened any of the provisions of the Act; or (c) that the authorised packer has violated any Rule or has failed to comply with any of the instructions issued under the provisions of the Act, subject to the conditions as stipulated under Sub-rule (2) and (3) of Rule 7. (vi) Rule 8 (1) To approve the Laboratory set up by the packer, for grading and marking of an article under provisions of the Act. (vii) Rule 8 (3) To withdraw the approval of the laboratory, if there is sufficient reasons to believe that the Grading and Marking is not done correctly and or that the rules and instructions issued thereof are not followed provided that a 14 days notice, in writing shall be given to the owner of the laboratory, and an opportunity given for showing cause why the approval should not be withdrawn. (viii) Rule 9 (1) To approve the chemist appointed by the packer for manning the grading laboratory. (ix) Rule 9 (5) To withdraw the approval accorded to the chemist for grading and marking of an article under provisions of the Agricultural Produce ( Grading and Marking) Act, 1937, if the chemist has failed to comply with the prescribed instructions or procedures for grading and marking or violated any of condition of approval provided that an opportunity shall be given to the approved chemist for showing causes as to why the approval should not be withdrawn; (x) Rule 10 (3) To grant permission for use of “Agmark replica” in lieu of Agmark labels to the authorized packers. (xi) Rule 10 (5) To grant permission to the Printing Press or manufacturing units for printing and / or manufacturing of the container bearing the “Agmark replica” ; (xii) Rule 12 To withhold or withdraw the issue or use of grade designation marks i.e. Agmark labels or Agmark replica bearing containers without any notice for such a period as he may consider expedient in the interest of better marketing if such authorized officer is satisfied or has reasons to believe that the authorized packer is not applying or is not likely to apply, grade designation marks correctly; (xiii) Rule 14 To call for information, report or return in respect of any of the scheduled articles from the authorized packers; (xiv) Rule 15 (1) To issue certificate of Agmark grading in prescribed form, for export consignment of a scheduled article graded and marked under the provision of the Act; (xv) Rule 15 (2) To endorse Certificate of Agmark Grading in favour of the
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