Standards of Weights and Measures (Packaged Commodities) Rules, 1977 [Repealed]

Standards of Weights and Measures (Packaged Commodities) Rules, 1977 [Repealed][1]

[26th September, 1977]

[Repealed by Legal Metrology Rules, 2011]

In exercise of the powers conferred by Section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules, namely:—

CHAPTER I PRELIMINARY

Rule - 1. Short title, extent, application and commencement.

(1)     These rules may be called the Standards of Weights and Measures (Packaged Commodities) Rules, 1977.

(2)     They shall extend to the whole of India.

[2][(3) They shall apply to commodities in the packaged form which are, or are intended or likely to be,—

(i)       sold, distributed or delivered or offered or displayed for sale, distribution or delivery, or

(ii)      stored for sale, or for distribution or delivery, in the course of inter-State trade and commerce.]

(4)   They shall come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for—

(i)       different provisions of these rules, and

(ii)      different commodities or classes of commodities,

and any reference in any provision to the commencement of these rules shall be construed as a reference to the coming into force of that provision or to the coming into force of these rules in relation to any commodity or classes of commodities, as the case may be:

Provided that they shall come into force in the State of Sikkim on the date on which Chapter IV of Part IV of the Act comes into force in that State.

DATES OF ENFORCEMENT

Ministry of Civil Supplies and Co-operation, Noti. No. GSR 621(E), dated September 26, 1977, published in Gazette of India, Extra., Part II, Section 3(i), dated 26th September, 1977, p. 1884

In pursuance of the provisions of the sub-rule (4) of Rule 1 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, the Central Government hereby appoints:—

(a)      the 26th day of September, 1977, as the day on which all the provisions of the said rules, except those specified in clause (b), shall come into force;

(b)      the Ist day of January, 1978[3], as the day on which the following provisions of the said rules shall come into force, namely:—

(i)       Rule 5;

(ii)      Clauses (e) and (g) of sub-rule (1) of Rule 6;

(iii)     Rule 7;

(iv)    Sub-rules (3), (4), (5) and (6) of Rule 12;

(v)      Rules 13, 14, 18, 20, 21, 28, 29, 30, 31, 32, 33; and

(vi)    so much of the provisions of Rule 34 as relate to components, parts or material used in any workshop, service station or any other place where servicing and repairing of a bicycle or tricycle is undertaken.

Ministry of Commerce and Civil Supplies (Department of Civil Supplies), Noti. No. GSR 604(E), dated October 31, 1979, published in Gazette of India, Extra., Part II, Section 3(i), dated 31st October, 1979, p. 1296 [No. WM 9(36)77]

In pursuance of the provisions of sub-rule (4) of Rule 1 of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 and in partial modification of the notification of the Government of India in the late Ministry of Civil Supplies and Co-operation No. GSR 621(E), dated the 26th September, 1977, and in supersession of the notification of the Government of India in the late Ministry of Commerce, Civil Supplies and Co-operation (Department of Civil Supplies and Co-operation) No. GSR 459(E), dated the 26th July, 1979, the Central Government hereby appoints the Ist day of April, 1980, as the date on which the following provisions of the said rules shall come into force, namely:—

(i)       Rule 5;

(ii)      clause (e) and (g) of sub-rule (1) of Rule 6;

(iii)     Rule 7;

(iv)    sub-rules (3), (4), (5) and (6) of Rule 12;

(v)      Rules 13, 14, 18, 20, 21, 28, 29, 30, 31, 32, 33; and

(vi)    so much of the provisions of Rule 34 as relate to any component, part or material used in any workshop, service station or any other place where servicing or repairing of any bicycle or tricycle is undertaken.

Rule - 2. Definitions.

In these rules, unless the context otherwise requires,—

(a)      “Act” means the Standards of Weights and Measures Act, 1976 (60 of 1976);

(b)      “batch” means,—

(i)       in the case of packages which have been stored, where the total number of such packages does not exceed 100, all such packages, and where the total number exceeds 100 but does not exceed 10,000 all the packages of the same type and of the same production run;

(ii)      in the case of packages which are on or at the end of the packing line, the maximum hourly output of packages;

(c)      “combination package” means a package intended for retail sale, containing two or more individual packages, or individual pieces, of dissimilar commodities;

Illustration.—A package containing dissimilar commodities such as, spoons, knives, forks, cups, napkins, or the like, is a combination package;

(d)      “dealer”, in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, carries on directly or otherwise, the business of buying, selling, supplying or distributing any such commodity, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent who carries on such business on behalf of any principal, but does not include a manufacturer who manufactures any commodity which is sold or distributed in a packaged form except where such commodity is sold by such manufacturer to any other person other than a dealer;

(e)      “drained weight”, in relation to a solid commodity contained in a free-flowing liquid, means the weight of such solid commodity after the liquid has been drained for a period of two minutes;

(f)     [***][4]

(g)    “group package” means a package intended for retail sale, containing two or more individual packages, or individual pieces, of similar, but not identical (whether in quantity or size), commodities;

Explanation.—Commodities which are generally the same but differ in weight, measure or volume, appearance or quality are similar, but not identical commodities.

Illustrations:

(i)       A package containing—

Two sponges—100 mm × 75 mm × 20 mm

One sponge—100 mm × 100 mm × 30 mm

Four sponges—100 mm × 50 mm × 15 mm

is a group package;

(ii)      A package containing assorted biscuits is a group package;

(iii)     A package containing similar commodities of different brands is a group package.

(h)     “manufacturer”, in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, produces, makes or manufactures such commodity and includes a person, firm or Hindu undivided family who or which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to be a commodity produced, made or manufactured, by such person, firm or Hindu undivided family, as the case may be;

(i)       “maximum permissible error”, in relation to the quantity [including the quantity declared to be given free by the manufacturer/packer][5] contained in an individual package, means an error in deficiency or excess which, subject to the provisions of these rules, does not exceed—

(i)       in relation to the commodities specified in the First Schedule, the limits of error specified in that Schedule;

(ii)      in relation to commodities not specified in the First Schedule, the limits of error specified in the Second Schedule;

(j)       “multi-piece package” means a package containing two or more individually packaged or labelled pieces of the same commodities of identical quantity, intended for retail sale, either in individual pieces or the package as a whole;

Illustration.—A package containing “5 toilet soap cakes, net weight 20g each, total net weight 100g” is a multi-piece package;

(k)      “packer” means a person who, or a firm or a Hindu undivided family, which pre-packs any commodity, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale, whether wholesale or retail;

(l)       “pre-packed commodity” with its grammatical variations and cognate expressions, means a commodity [6][or article or articles] which, without the purchaser being present, is placed in a package of whatever nature, so that the quantity of the product contained therein has a predetermined value and such value cannot be altered without the package or its lid or cap, as the case may be, being opened or undergoing a perceptible modification, and the expression “package”, wherever it occurs, shall be construed as a package containing a pre-packed commodity;

Explanation [7][I].—Where, by reason merely of the opening of a package, no alteration is caused to the name, quantity, nature or characteristic of the commodity contained therein, such commodity shall be deemed, for the purposes of these rules, to be a pre-packed commodity, for example, an electric bulb or fluorescent tube is a pre-packed commodity, even though the package containing it is required to be opened for testing the commodity.

[8][Explanation II.—Where a commodity consists of a number of components and these components are packed in one, two or more units for sale as a single commodity, such commodity shall be deemed, for the purpose of these rules, to be a pre-packed commodity.]

[9][(m) “principal display panel” in relation to a package, means the total surface area of the package where the information required under these rules are to be given. This information could be given in the following manner:—

(i)       all the information could be grouped together and given at one place; or

(ii)      the pre-printed information could be grouped together and given in one place; and

(iii)     on line information grouped together in other place;]

(n)   “quantity”, in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package;

(o)   “retail dealer”, in relation to any commodity in packaged form means a dealer who directly sells such packages to the consumer and includes, in relation to packages as are sold directly to the consumer, a wholesale dealer who makes such direct sale;

(p)   “retail package” means a package containing any commodity which is produced, distributed, displayed, delivered or stored for sale through retail sales agencies or other instrumentalities for consumption by an individual or a group of individuals;

(q)   “retail sale”, in relation to a commodity, means the sale, distribution or delivery of such commodity through retail sales agencies or other instrumentalities for consumption by an individual or group of individuals or any other consumer;

[10][(r) “retail sale price” means the maximum price at which the commodity in packaged form may be sold to the ultimate consumer and where such price is mentioned on the package, there shall be printed on the packages the words “Maximum [11][or Max] retail price ....... inclusive of all taxes [or in the form MRP Rs. …..incl. of all taxes][12] ”;

Explanation.—For the purpose of this clause “maximum price” in relation to any commodity in packaged form shall include all taxes local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertising, delivery, packing, forwarding and the like, as the case may be;]

(s)   [13][***]

(t)    “section” means a section of the Act;

(u)   “standard package” means a package containing the specified quantity of a commodity;

(v)   [***][14]

(w)   “wholesale dealer” in relation to any commodity in packaged form means a dealer who does not directly sell such commodity to any consumer but distributes or sells such commodity through one or more intermediaries;

Explanation.—Nothing in this clause shall be construed as preventing a wholesale dealer from functioning as a retail dealer in relation to any commodity, but where he functions in relation to any commodity as a retail dealer, he shall comply with all the provisions of these rules which a retail dealer is required by these rules to comply.

(x) “wholesale package” means a package containing—

(i)       a number of retail packages, where such first mentioned package is intended for sale, distribution or delivery to an intermediary and is not intended for sale direct to a single consumer,

(ii)      a commodity sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity to consumer in similar quantities,

[15][(iii) packages containing ten or more than ten retail packages provided that the retail packages are labelled as required under the rules.]

[16][(iv) “Un-preserved package” means a package containing a perishable commodity which is not subjected to the process of cooling, deep-freezing, chemical treatment or any other process so as to increase the shelf life of that commodity.]

Rule - [2-A.

The provisions of this Chapter shall apply to all pre-packed commodities except in respect of grains and pulses containing a quantity more than 15 kg.][17]

CHAPTER II PROVISIONS APPLICABLE TO PACKAGES INTENDED FOR RETAIL SALE

Rule - 3. Chapter to apply to packages intended for retail sale.

The provisions of this Chapter shall apply to packages intended for retail sale and the expression “package”, wherever it occurs in this Chapter, shall be construed accordingly.

Rule - 4. Regulation for pre-packing and sale etc., of commodities in packaged form.

On and from the commencement of these rules, no person shall pre-pack, or cause or permit to be pre-packed any commodity for sale, distribution or delivery unless the package in which the commodity is pre-packed bears thereon, or on a label securely affixed thereto, such declarations as are required to be made under these rules.

[18][Explanation.— [***]][19]

Rule - 5. Specific commodities to be packed and sold only in standard packages.

On and from the commencement of these rules, no person shall pre-pack, or cause or permit to be pre-packed, any commodity for sale, distribution, or delivery except in such standard quantities as are specified in relation to that commodity in the Third Schedule:

Provided that the Central Government may, if it is satisfied that for any technical or mechanical reason it is not possible to pre-pack any commodity in the standard quantities specified in the Third Schedule, authorise the pre-packing of such commodities in such quantities as it may specify.

Rule - 6. Declarations to be made on every package.

(1)     Every package shall bear thereon or on a label securely affixed thereto, a definite, plain and conspicuous declaration, made in accordance with the provisions of this Chapter as to—

[20][(a) the name and address of the manufacturer or where the manufacturer is not the packer, the name and address of the manufacturer and packer.]

(b)   the common or generic name of the commodity contained in the package;

Explanation.—Generic name in relation to a commodity means the name of the genus of the commodity, for example, in the case of common salt, sodium chloride is the generic name.

(c)   the net quantity, in terms of the standard unit of weight or measure, of the commodity contained in the package or where the commodity is packed or sold by number, the number of the commodity contained in the package;

(d)   the month and year in which the commodity is manufactured or pre-packed:

[21][Provided that for packages containing food articles, the provisions of the Prevention of Food Adulteration Act, 1954 (37 of 1954) and the rules made thereunder shall apply.]

(e)   [***][22]

(f)    the [23][retail sale price] of the package;

(g)   where the sizes of the commodity contained in the package are relevant, the dimensions of the commodity contained in the package and if the dimensions of the different pieces are different, the dimensions of each such different piece;

(h)   such other matters as are specified in these rules:

Provided that—

(A)     no declaration as to the month and year in which the commodity is manufactured or pre-packed shall be required to be made on—

(i) [24][***]

[25][(vi) any package containing bidis or incense sticks;]

(B)     where any packaging material bearing thereon the month in which any commodity was expected to have been pre-packed is not exhausted during that month, such packaging material may be used for pre-packing the concerned commodity produced or manufactured during the next succeeding month and not thereafter, but the Central Government may, if it is satisfied that such packaging material could not be exhausted during the period aforesaid by reason of any circumstance beyond the control of the manufacturer or packer, as the case may be, extend the time during which such packaging material may be used, and, where any such packaging material is exhausted before the expiry of the month indicated thereon, the packaging material intended to be used during the next succeeding month may be used for pre-packing the concerned commodity:

[26][Provided that the said provision shall not apply to the packages containing food products, where the “Best before or Use before” period is ninety days or less from the date of manufacture or packing.]

(C)     no declaration as to the [27][retail sale price] shall be required to be made on—

[28][***]

(iii) any bottle containing alcoholic beverages, or spirituous liquor;[29] [30] [31] [32][***]

[33][The commodities mentioned at (i) to [(vi)][34] where [35][retail sale price] has not been mentioned by the manufacturer or packer on the package, the retail dealer shall display prominently at a conspicuous place of the premises in which he carries on his retail sale, the retail sale price of the package for the information of the consumer.]

[36][(vii) any package containing bidis or incense sticks for a period of one year from the date of notification.]

Explanation I.—The month and the year in which the commodity is pre-packed may be expressed either in words, or by numerals indicating the month and year, or by both.

Explanation II.—Liquid milk does not include condensed milk.

[37][Explanation III.—The declaration of the year 2000 may be made on the package by figures ‘00’.]

[38][(2) Where a commodity consists of a number of components and these components are packed in two or more units, for sale as a single commodity, the declaration required to be made under sub-rule (1) shall appear on the main package and such main package shall also carry information about the other accompanying packages.]

(3)   [39][***]

Rule - 7. Principal display panel—its area, size and letter etc.

(1)     [40][***]

(2)     [***][41]

(3)     In the case of a package having a capacity of five cubic centimetres or less, the principal display panel may be a card or tape affixed firmly to the package or container and bearing the required information.

[42][(4) The height of any numeral in the declaration required under these rules, on the principal display panel shall not be less than:—

(i)       as shown in Table I if the net quantity is declared in terms of weight or volume,

(ii)      as shown in
Table II if the net quantity is declared in terms of length, area or number.

The height of letters in the declaration shall not be less then 1 mm height. When blown, formed, moulded, embossed or perforated the height of letters shall not be less than 2 mm:

Provided that the width of the letter or numeral shall not be less than one-third of its height, but this proviso shall not apply in the case of numeral ‘1’ and letters (i), (I) and (1).]

[43][TABLE I

Minimum height of Numerals

TABLE II

Minimum height of Numerals

(5)   The foregoing provisions of [44][these rules] shall not apply to a package if the information to be specified on such package under this rule is also required to be given by or under any other law for the time being in force.

Rule - 8. Declaration where to appear.

[45][(1) Every declaration required to be made under these rules shall appear on the principal display panel:

Provided that the area surrounding the quantity declaration shall be free of printed information,

(a)      above and below by a space equal to at least the height of the numeral in the declaration, and

(b)      to the left and right by a space at least twice the height of numerals in declarations.]

(2)-(5) [46][***]

[47][(6) For soft drinks, ready to serve fruit beverages or the like, the bottle which is returnable by the consumer for being refilled, the retail sale price may be indicated either on the crown cap, or on the bottle or on both. If the retail sale price is indicated on the crown cap [or the bottle],[48] it is sufficient to indicate the retail sale price in the form ‘MRP Rs. . . .’.]

[49][(7) Notwithstanding anything contained in sub-rule (6), any manufacturer or packer may continue up to 31st December, 1995 to pack or make any declaration on soft drinks, ready to serve fruit beverages or the like in the manner permissible immediately prior to the commencement of the Standards of Weights and Measures (Packaged Commodities) (Fourth Amendment) Rules, 1995.]

Rule - 9. Manner in which declarations shall be made.

(1)     Every declaration which is required to be made on a package under these rules shall be—

(a)      legible, prominent, definite, plain and unambiguous,

(b)      conspicuous as to size, number and colour,

(c)      [50][***]

[51][(d) numerals of the retail sale price and net quantity declaration [52][***]

and shall be printed, painted or inscribed on the package in a colour that contrasts conspicuously with the background of the label:

Provided that,—

(a)      where any label information is blown, formed or moulded on a glass or plastic surface or where such information is embossed or perforated on a package, such information shall not be required to be presented in a contrasting colour;

(b)      where any declaration on a package is printed either in the form of hand-writing or hand-script, such declaration shall be clear, unambiguous and legible.]

(2)     No declaration shall be made so as to require it to be read through any liquid commodity contained in the package.

(3)     Where a package is provided with an outside container or wrapper, such container or wrapper shall also contain all the declarations which are required to appear on the package except where such container or wrapper itself is transparent and the declaration of the package itself is easily readable through such outside container or wrapper.

Rule - 10. Declaration of name and address of the manufacturer, etc.

[53][(1) Subject to the provisions of Rule 7, every package kept, offered or exposed for sale or sold shall bear conspicuously on the package, the name and complete address of the manufacturer, or where the manufacturer, is not the packer, the name and address of the manufacturer and the packer:

Provided that for packages of capacity 5 cubic cm or less it shall be sufficient compliance with this sub-rule, if a mark or inscription which would enable the consumer to identify the manufacturer or packer is made on the package:

Provided further that where any commodity manufactured outside India is packed in India, the package shall also contain on the principal display panel the name and complete address of the packer in India.

Explanation.—“Complete Address” means, in the case of a company, the address at which its registered office is situated, and, in any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer, and either the name of the city and State where the business is carried out by the manufacturer or packer or the PIN Code.]

(2)   The name of the manufacturer or packer shall be the actual corporate name, or if not incorporated, the name under which the business is conducted by such manufacturer or packer.

Rule - 11. General provisions relating to declaration of quantity.

(1)     In declaring the net quantity of the commodity contained in a package, the weight of wrappers and materials other than the commodity shall be excluded:

Provided that where a package contains a large number of small items of confectionery, each of which is separately wrapped [54][***] the net weight declared on the package containing such confectionery or on the label thereof may include the weight of such immediate wrappers, if and only if, the total weight of such immediate wrapper does not exceed—

(i)       eight per cent, where such immediate wrapper is a waxed paper or any other paper with wax or aluminium foil under strip, [55][or]

(ii)      six per cent in the case of any other paper, of the total net weight of all the items of confectionery contained in the package minus the weight of immediate wrapper.

(2)     Where a commodity in a package is not likely to undergo any variation in weight or measure, on account of the environmental conditions, the quantity declared on the package shall correspond to the net quantity which will be received by the consumer, and the declaration of quantity of such package shall not be qualified by the words “when packed” or the like.

(3)     Save as otherwise provided in sub-rule (4), where a commodity in a package is likely to undergo variations in weight or measure on account of environmental conditions and such variation is negligible, the declaration of quantity in relation to such package shall be made after taking into account such variation so that the consumer may receive not less than the net quantity of the commodity as declared on the package, and the declaration of quantity on such package shall not also be qualified by the words “when packed” or the like.

(4)     The declaration of quantity in relation to commodities specified in the Fourth Schedule, that is to say, commodities which are likely to undergo significant variations in weight or measure on account of environmental or other conditions may be qualified by the words “when packed” [56][***].

Rule - 12. Manner in which declaration of quantity shall be expressed.

(1)     The declaration of quantity shall be expressed in terms of such unit of weight, measure or number or a combination of weight, measure or number as would give an accurate and adequate information to the consumer with regard to the quantity of the commodity contained in the package.

(2)     Except in the cases of commodities specified in the Fifth Schedule, the declaration of quantity shall be in terms of the unit of—

(a)      mass, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid;

(b)      length, if the commodity is sold by linear measure;

(c)      area, if the commodity is sold by area measure;

(d)      volume, if the commodity is liquid or is sold by cubic measure; or

(e)      number, if the commodity is sold by number:

Provided that in the case of solid commodity contained in a free flowing liquid which is sold as such the declaration of quantity shall be in terms of the drained weight of such solid commodity.

(3)     Where the declaration of quantity has been in terms of mass, the manufacturer or, as the case may be, the packer may, at his option, make an additional declaration on the package as to the number of commodities contained in the package.

[57][Illustration.—A package containing screws may not only indicate the total weight of the screws contained in the package but also the number and sizes of the screws contained in the package.]

(4)     Where the declaration of quantity by weight, measure or number alone is not sufficient to give to the consumer full information with regard to the dimensions or number of commodity contained in the package such declaration shall be accompanied by a declaration of the dimensions or number, or both, where necessary, of the commodity contained in the package.

Illustrations:

(5)     Where it is necessary to communicate to the consumer any additional information about the commodity contained in a package, such information shall also appear on the same panel in which the other information, as required by these rules, have been indicated.

Illustrations.—Additional information like the following is necessary to be communicated to the consumer, namely—

(a)      [59][***];

(b)      [60][***];

[61][(c) [62][***];]

(d)   in the case of still films, the number of exposures which may be made and the length and width of individual exposures, to be expressed in millimetres, for example, 36 exposures, 36 mm × 24 mm;

(e)   in the case of movie films and bulk still films, the linear measure of the usable film, to be expressed in metres;

(f)    in the case of electrical or electronic appliances, the voltage and wattage, and also the output, of such electrical or electronic appliances;

(g)   in the case of an electric bulb or other appliance intended to be used for illumination, in addition to the information specified in clause (f), the illuminating power of such bulb or other appliance.

(6)     The declaration of quantity shall not contain any word or expression which tends to create an exaggerated, misleading or inadequate impression as to the quantity of the commodity contained in the package, for example, words or expressions like—

(i)       “minimum”, “not less than”, “average”, “about”, “approximately” or any other word of a similar nature, or

(ii)      “jumbo”, “giant”, “full”, “family huge”, “economy”, “large”, “extra”, “colossal”, “king”, “queen” or any other word or expression of a similar nature, shall not be used.

[63][(7) For packages having capacity 5 cubic cm or less, the declaration of quantity shall be made on a tag, card, tape, or any other similar device affixed to the container in such manner that it cannot be removed without opening the container and every such tag, card, tape or other device shall contain a mark or inscription which would enable the consumer to identify the manufacturer or packer, as the case may be.]

Rule - 13. Statement of Units of Weight, Measure or Number.

(1)     The units of weight, measure or number shall be specified in accordance with the units specified in sub-rule (2) or sub-rule (3), as the case may be.

(2)     When expressing a quantity less than—

(a)      one kilogram, the unit of weight shall be the gram;

(b)      one metre, the unit of length shall be the centimetre;

(c)      one square metre, the unit of area shall be the square decimetre;

(d)      one cubic metre, the unit of volume shall be one cubic decimetre;

(e)      one cubic decimetre, the unit of volume shall be the cubic centimetre;

(f)       one litre, the unit of volume shall be the millilitre.

(3)     When expressing a quantity of equal to or more than—

(a)      (i) one kilogram, [***][64] the unit of weight shall be the kilogram and any fraction of a kilogram shall be expressed in terms of decimal sub-multiples of kilogram;

(ii) one tonne, the unit of weight shall be the tonne, and any fraction of a tonne shall be expressed in terms of decimal sub-multiples of the tonne;

(b)      one metre, the unit of length shall be the metre, and any fraction of a metre shall be expressed in terms of decimal sub-multiples of the metre;

(c)      one square metre, the unit of the area shall be the square metre and any fraction of square metre shall be expressed in terms of decimal sub-multiple of the square metre;

(d)      the cubic metre, the unit of volume shall be the cubic metre and any fraction of a cubic metre shall be expressed in terms of decimal sub-multiple of the cubic metre;

(e)      (i) one litre, [***][65] the unit of volume shall be the litre and any fraction of a litre shall be expressed in terms of decimal sub-multiple of the litre;

(ii) one kilolitre, the unit of volume shall be the kilolitre and any fraction of a kilolitre shall be expressed in terms of decimal sub-multiple of the kilolitre:

Provided that where the quantity to be expressed is equal to one kilogram, 1 metre, one square metre, one cubic decimetre, 1 cubic metre or one litre, as the case may be, such quantity may be expressed, at the option of the manufacturer or the packer, in terms of gram, centimetre, square decimetre, cubic centimetre, cubic decimetre or millilitre as the case may be:

Provided further that where the quantity to be expressed is equal to or more than 100 kilograms but less than 1000 kilograms, such quantity may be expressed, at the option of the manufacturer or the packer, in terms of quintal which is equivalent to 100 kilograms.

Illustrations:

(a)      Where the weight is 1500 grams, it shall be expressed as 1.5 kilogram.

(b)      [***][66]

(c)      Where the length is 225 centimetres, it shall be expressed as 2.25 metres.

(d)      Where the volume is 1200 millilitres, it shall be expressed as 1.2 litre.

(4)     Units of weight or measure not specified in sub-rules (2) and (3) shall be expressed in accordance with the following principles, namely—

(a)      When expressing a quantity less than the standard unit, the quantity shall be expressed in terms of the milli unit, and where the quantity is less than one thousand the part of a unit, in terms of the micro unit, and so on;

(b)      When expressing a quantity more than the standard unit, the quantity shall be expressed in terms of the unit up to, but not including, one thousand units, and where the quantity is one thousand units or more, but less than one million units, the quantity shall be expressed in terms of the kilo units, and where the quantity is one million units or more, the quantity shall be expressed in terms of mega units and so on;

(c)      When the quantity is more than one standard unit but less than the next standard unit, the fraction shall be expressed in accordance with the decimal sub-multiples of the unit.

(5)     When any commodity is packed by number, such number shall be expressed on the package in international form of Indian numerals, and every package intended to be sold by number shall be packed in the manner specified in the Sixth Schedule:

[67][Provided that the Central Government may, if it is satisfied that for any technical or mechanical reason it is not possible to pre-pack any commodity in the standard quantities specified in the Sixth Schedule, authorise the pre-packing of such commodities in such numbers as it may specify.]

(6)     No number called the dozen (12), score (20), gross (144), great gross (1728) or the like shall be specified or indicated on any package.

[68][(7) Symbols for Units:

(a)      [***][69] the symbols for International System of Units and none other, shall be used in furnishing the net quantity of the package.

Illustrations:

kilogram    kg

gram     g

milligram    mg

litre     l

millilitre    ml

metre     m

centimetre    cm

millimetre    mm

square metre     m2

square centimetre    cm2

cubic metre     m3

cubic centimetre     cm3

(b)      [***][70] symbols shall not be given in capital form except for the unit derived from a proper name. Period, i.e., a dot after symbols shall not be put. As far as possible symbols shall always be written in the singular form, i.e., ‘s’ shall not be added.]

Rule - 14. Unit sale price—How to be determined.

[***][71]

Rule - 15. Additional declarations to be made on combination packages.

(1)     A combination package shall contain, in addition to the declaration required to be made under any other provisions of these rules, an indication of the net weight, measure or number, as the case may be, in respect of each commodity contained in the package and the [72][retail sale price] of the combination package.

[73][(2) if individual pieces contained in the package do not carry retail sale price, it shall carry a declaration that they are not intended for retail sale.]

Rule - 16. Additional declarations to be made on group packages.

(1)     The additional declarations on a group package shall be expressed as follows:

(a)      the number of pieces of each commodity contained in such package followed by the net weight, measure or number, as the case may be;

(b)      the total number of pieces contained in the group package; and

(c)      the [74][retail sale price] of the group package.

[75][(2) If individual pieces contained in the package do not carry retail sale price, it shall carry a declaration that they are not intended for retail sale.]

Rule - 17. Additional declarations to be made on multi-piece packages.

(1)     Every multi-piece package shall bear thereon, in addition to the declaration required to be made under any other provision of these rules, a declaration of—

(a)      the number of individual pieces contained thereto;

(b)      the [76][retail sale price] of the multi-piece package:

Provided that where individual pieces contained in a multi-piece package are packaged or labelled separately and are capable of being sold separately, each piece shall bear thereon a declaration as to the quantity and the [77][retail sale price] thereof.

[78][(2) If individual pieces contained in the package do not carry retail sale price, it shall carry a declaration that they are not intended for retail sale.]

Rule - 18. Declarations with regard to dimensions of certain commodities.

Where a package contains commodities, like bed-sheets, hemmed fabric materials, dhoties, sarees, napkins, pillow-covers, towels, table cloths or similar other commodities, the number and the dimensions of finished size of such commodities shall also be declared on the package or on the label affixed thereto:

Provided that where the package contains more than one piece of different dimensions the package shall also contain a declaration as to the dimensions and the [79][retail sale price] of each such piece:

Provided further that the dimensions of the commodities and the [80][retail sale price] thereof shall also be marked on each individual piece.

Rule - 19. Declaration with regard to dimensions and weight to be made on packages in certain cases.

Where the dimensions and weight, or combination thereof, of a commodity has or have a relationship to the price of that commodity, the declaration of quantity on the package containing such commodity, shall also include a declaration as to such dimensions, weight or combination.

Rule - 20. Declarations to be made with regard to the number of usable sheets to be stated.

In the case of a package containing sheets like aluminium foil, facial tissues, waxed paper, toilet paper or any other type of sheet, the declaration of quantity on the package shall also include a statement as to the number of usable sheets contained in the package and the dimensions of each such sheet.

Rule - 21. Declarations with regard to the dimensions of container type commodities—How to be expressed.

Commodities, such as bags, boxes, cups, pans or the like designed and sold in retail trade for being used as containers for other materials or objects, shall be labelled with the declaration of quantity as follows:

(i)       For bag-type commodities.—In terms of the number of bags which the package may contain, followed by linear dimensions of the bags, whether packaged in a perforated roll or otherwise.

Illustrations:

(a)      For bags without gusset— “25 bags, 200 mm × 200 mm”;

(b)      For bags with gusset— “100 bags, 600 mm × 800 mm × 200 mm”.

(ii)      For square, oblong, rectangular or similarly shaped containers.—In terms of the number of containers which the package may contain, followed by length, width, and if required, depth of the container.

Illustrations:

(a)      “2 cake-pans, 200 mm × 200 mm”;

(b)      “1 roasting pan, 250 mm × 200 mm × 50 mm”.

(iii)     For circular or generally round shaped containers, not being cups or the like.—In terms of the number of commodities contained therein followed by diameter and, if necessary, depth of the container.

Illustration:

“4 pans, 200 mm diameter × 100 mm”.

(iv)    When the use of a container is related by label references, in terms of standard weight or measure, to the capacity of the container to hold a specific quantity of a commodity or a class of commodities such references shall be included in the declaration of quantity.

Explanation I.—Containers which are intended to be used for liquids, semi solids, viscous materials or mixtures of solids and liquids shall fall within the ambit of this rule.

Illustration:

Freezer boxes—“4 boxes, 500 ml capacity, 120 mm × 100 mm × 70 mm”.

Explanation II.—Containers intended to be used for solids shall fall within the ambit of this rule.

Illustrations:

(a)      Bags—“8 bags, 100 kg capacity, 900 mm × 1500 mm”;

(b)      Cups—“20 cups, 200 ml capacity”.

Explanation III.— Where containers are used as liners for other more permanent containers, the declaration shall be in the same terms as are normally used to express the capacity of the permanent containers.

Illustration:

Can liners—“10 liners, 450 mm × 100 mm, fits cans upto a capacity of 100 litres”.

Rule - 22. Cases in which the responsibility of marking sale price may be left to the wholesale dealer.

[81][Omitted].

Rule - 23. Provisions relating to wholesale dealer and retail dealers.

(1)     No wholesale dealer or retail dealer shall sell, distribute, deliver, display or store for sale any commodity in the packaged form unless the package complies with, in all respects, the provisions of the Act and these rules.

[82][(2) No retail dealer or other person including manufacturer, packer and wholesale dealer shall make any sale of any commodity in packaged form at a price exceeding the retail sale price thereof.]

[83][Explanation.—For the removal of doubts, it is hereby declared that a sale, distribution or delivery by a wholesale dealer to a retail dealer or other person is a ‘retail sale’ within the meaning of this sub-rule.]

(3) [84][***]

[85][(4) Where, after any commodity has been pre-packed for sale, any tax payable in relation to such commodity is revised, the retail dealer or any other person shall not make any retail sale of such commodity at a price exceeding the revised retail sale price, communicated to him by the manufacturer, or where the manufacturer is not the packer, the packer and it shall be the duty of the manufacturer or packer, as the case may be, to indicate by not less than two advertisements in one or more newspapers and also by circulation of notices to the dealers and to the Director in the Central Government and Controllers of Legal Metrology in the States and Union Territories, the revised prices of such packages but the difference between the price marked on the package and the revised price shall not, in any case, be higher than the extent of increase in the tax or in the case of imposition of fresh tax higher than the fresh tax so imposed:

Provided that publication in any newspaper, of such revised price shall not be necessary where such revision is due to any increase in, or in imposition of, any tax payable under any law made by the State Legislatures:

Provided further that the retail dealer or other person shall not charge such revised prices in relation to any packages except those packages which bear marking indicating that they were pre-packed in the month in which such tax has been revised or fresh tax has been imposed or in the month immediately following the month aforesaid:

Provided also that where the revised prices are lower than the price marked on the package the retail dealer or other person shall not charge any price in excess of the revised price, irrespective of the month in which the commodity was pre-packed.]

(5)   Nothing in sub-rule (4) shall apply to a package which is not required, under these rules to indicate the month and the year in which it was pre-packed.

(6)   No retail dealer or other person shall obliterate, smudge or alter the [86][***] the retail sale price, indicated by the manufacturer or the packer, as the case may be, on the package or on the label affixed thereto.

[87][(7) The manufacturer or packer shall not alter the price on the wrapper once printed and used for packing.]

Rule - 24. Procedure for examination of and determination of quantity and error in packages at the premises of the manufacturer or packer.

(1)     With a view to ascertaining whether any package or batch of packages complies with the provisions of these rules in all respects, the Director or any other person authorised under Section 29 (hereafter referred to in these rules as the “authorised person”) may examine the packages and carry out the tests at the premises of the manufacturer or, where the manufacturer is not the packer, of the packer, and when he carries out such examination or tests, he shall draw samples from such batch of packages, in such manner and in such number as are specified in the Ninth Schedule and the tests aforesaid shall be carried out in accordance with the method specified in the Tenth Schedule.

(2)     The Director or the authorised person shall enter, in the Form set out in the Eleventh Schedule, the detailed results of the tests carried out by him under sub-rule (1) and shall obtain, on the said Form, the signature of the manufacturer, or, as the case may be, of the packer, or his authorised agent, or, in the absence of both, or on their refusal to affix such signature, the signature of a competent witness. A copy of the data sheet containing the results shall be given to the manufacturer or packer, as the case may be.

(3)     On the completion of the examination and tests carried out under sub-rule (1), the Director or the authorised person shall make a report indicating therein his findings with regard to the declarations required to be made under these rules and as to the net quantity actually contained in the sample packages and the extent of error, if any, noticed by him and furnish a copy of such report to the manufacturer or the packer, as the case may be.

(4)     If it appears from the report referred to in sub-rule (3) that—

(a)      the statistical average of the net quantity contained in the packages drawn as samples is lesser than the quantity declared on the packages or on the labels affixed thereto; or

(b)      the number of packages, showing an error in deficiency greater than the maximum permissible error, is more than [88][the number specified in Column 3 of the Table in the Ninth Schedule]

(c)      any such package shows an error in deficiency greater than twice the maximum permissible error,

the Director or the authorised person shall, if for good and sufficient reason, requested by the manufacturer or packer or his authorised agent, so to do, take out as soon as may be practicable, fresh samples and carry out fresh tests in accordance with the provisions of these rules and where fresh tests are made, the Director or the authorised person, as the case may be, shall collect by way of reimbursement, from the manufacturer or packer, such sum, not exceeding rupees [89][five thousand] as is, in his opinion, commensurate with the services so rendered:

Provided that where fresh tests are carried out, no package contained in the batch, which was previously tested under this rule, shall be sold or distributed by the manufacturer or packer, as the case may be, unless the provisions of sub-rule (5) or, as the case may be, sub-rule (6), are complied with.

(5)     (a) Where, as a result of any tests carried out under this rule, it is found that any package contained in the batch does not conform to all or any of the provisions of the Act or of these rules, the manufacturer or the packer shall make a cent per cent check of the packages contained in the batch and pick out from the batch the packages which conform to all the provisions of the Act and of these rules.

(b) When the Director or the authorised person is satisfied that the packages picked out by the manufacturer or packer conform to all of the provisions of the Act and of these rules, he shall authorise the sale, distribution or delivery of such packages.

(c) Where, as a result of such cent per cent check by the manufacturer or packer, any package is found to be not conforming to all or any of the provisions of the Act or of these rules, such package shall not be sold, distributed or delivered until it has been repacked, reprocessed or relabelled, as the case may be, in accordance with the provisions of the Act and of these rules.

(6)     A batch of packages shall be approved for sale if, and only if, as a result of the tests carried out under this rule, it is found that—

(a)      the statistical average of the net quantity contained in the sample packages is equal to, or more than, the quantity declared on the package or on the label affixed thereto,

(b)      the number of packages, showing an error in deficiency greater than the maximum permissible error, is not more than [90][the number specified in Column 3 of the Table in the Ninth Schedule],

(c)      the extent of error in deficiency in none of such sample packages exceeds twice the maximum permissible error, and

(d)      each such package bears thereon or on a label affixed thereto—the declarations required to be made under these rules.

Rule - 25. Action to be taken on completion of examination of packages at the premises of the manufacturer or the packer.

(1)     If it appears from the report referred to in sub-rule (3) of Rule 24 that,—

(a)      the statistical average of the net quantity contained in the packages drawn as samples under that rule is lesser than the quantity declared on the packages or on the labels affixed thereto, or

(b)      the number of packages, showing an error in deficiency greater than the maximum permissible error, is more than [91][the number specified in Column 3 of the Table in the Ninth Schedule, or]

(c)      any such package shows an error in deficiency greater than twice the maximum permissible error, or

(d)      any such package does not bear thereon or on a label affixed thereto the declarations to be made under these rules,

the Director or the authorised person shall take punitive action in accordance with the provisions of the Act, against the manufacturer, or as the case may be, the packer [92][***]:

Provided that no such punitive action shall be taken if fresh tests are carried out under sub-rule (4) of Rule 24, but if after such fresh tests any such error or omission as is referred to in this sub-rule is detected, the Director or the authorised person shall take appropriate punitive action in accordance with the provisions of the Act against the manufacturer or, as the case may be, the packer.

(2)     Before taking any punitive action under sub-rule (1) the Director or the authorised person shall seize, in accordance with the provisions of the Act, the packages drawn by him as samples and shall take adequate steps for the safe custody of the seized packages until they are produced in the appropriate court as evidence.

(3)     The disposal of the seized packages shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).

Rule - 26. Action to be taken with regard to packages examined at the premises of the wholesale dealer or retail dealer.

(1)     Ordinarily, any test in relation to the net quantity contained in a package shall not be carried out at the premises of the retail dealer or the wholesale dealer, unless—

(i)       a complaint is received by the Director or the authorised person to the effect that the package sold or delivered to the complainant does not contain the quantity declared on such package or on the label affixed thereto;

(ii)      the Director or the authorised person has reason to suspect that any package has been tampered with or that there has been any pilferage or leakage of the commodity contained in the package;

(iii)     the Director or the authorised person has reason to suspect that any package, or any label affixed thereto, does not bear thereon all or any of the declarations which are required to be made under these rules.

(2)     Where any test is carried out in pursuance of the provisions of sub-rule (1), the Director or the authorised person shall verify whether the quantity contained in the package corresponds to the quantity declared on such package or any label affixed thereto, and where the quantity contained in the package is less than the declared quantity, whether the deficiency is more than twice the maximum permissible error in relation to that commodity.

(3)     Where the Director or the authorised person finds on a test carried out under this rule that the error in deficiency in any package kept or stored for sale, distribution or delivery at the premises of the retail or wholesale dealer, is more than twice the maximum permissible error in relation to that commodity he shall seize such package and take appropriate action against the retail dealer or the wholesale dealer, as the case may be, in accordance with the provisions of the Act:

Provided that where the package bears the legend “when packed”, no punitive action shall be taken against the retail dealer or wholesale dealer if the Director or the authorised person is satisfied after necessary tests, that the deficiency in the quantity contained in the package is due to environmental conditions.

(4)     Where, as a result of any test made under this rule, it is found that the net quantity contained in the package conforms to the declared quantity or where there is a deficiency, such deficiency is not more than twice the maximum permissible error, the retail dealer shall be at liberty to sell or deliver or distribute such commodity at the price determined on the basis of the quantity found on such tests.

(5)     Where, as a result of any test made under this rule, it is found that any package, or any label affixed thereto, does not bear thereon all or any of the declarations required to be made under these rules, it shall be lawful for the Director or the authorised person to make such inquiries as to the source from which such package was received by the wholesale dealer or retail dealer and to take such punitive action against the wholesale dealer or the retail dealer, as the case may be, as he may think fit.

Rule - 27. Establishment of maximum permissible error on packages.

(1)     The maximum permissible error in relation to the commodities specified in the First Schedule shall be such as is indicated in the corresponding entries in that Schedule against the concerned commodity and the maximum permissible error in relation to any commodity not specified in the First Schedule, shall be such as is specified in the Second Schedule:

Provided that the Director may establish the maximum permissible error in relation to any commodity not specified in the First Schedule, and on such establishment, the concerned commodity and the maximum permissible error in relation thereto shall be deemed to have been included in the First Schedule.

(2)     The Director shall cause a coordinated programme to be undertaken, at such places and in such manner as he may think fit for the establishment of the maximum permissible error in relation to commodities referred to in sub-rule (1) or the proviso thereto.

(3)     While establishing the maximum permissible error in relation to the net quantity of commodities contained in packages, due account shall be taken of the following causes which may lead to variation in the quantity, namely:

(a)      variations caused by unavoidable deviation in weighing, measuring or counting the contents of individual packages that may occur in good packaging practice,

(b)      variations caused by the ordinary and customary exposure to conditions, such as, climate, transport, storage or the like that normally occur in good distribution practice after the commodity is introduced in trade or commerce, and

(c)      variation due to the nature of packaging material or container.

(4)     The Director shall determine, or cause to be determined, in relation to any commodity, the declaration in respect of the net quantity of which is permitted to be qualified by the words “when packed”, the reasonable variations which may take place by reason of the environmental conditions.

Rule - 28. Deceptive packages to be re-packed or in default to be seized.

(1)     If, on the determination of the quantity contained in the sample packages, the Director or the authorised person finds that the quantity contained in the package agrees with the declaration of the quantity made on the package or label thereon but the package is a deceptive package, he shall require the manufacturer or the packer, as the case may be, to re-pack and relabel such package and in the event of the omission or failure on the part of the manufacturer or the packer, as the case may be, to re-pack or relabel such deceptive package, in accordance with the standards established by or under these rules, seize them, take appropriate punitive action in accordance with the Act and take adequate steps for the safe custody of such packages until they are produced in a court as evidence.

Explanation.—For the purposes of this rule, “deceptive package” means a package which is designed as to deliberately give to the consumer an exaggerated or misleading impression as to the quantity of the commodity contained therein, except where bigger dimensions of the package can be justified by the manufacturer or packer, as the case may be, on the ground that such dimensions are necessary for giving protection to the commodity contained in such package or for meeting the requirements of the machine used for filling such package.

(2)     If the seized packages contain any commodity which is subject to speedy or natural decay, the Director or the authorised person shall dispose of the commodity in accordance with the rules made under the Act.

CHAPTER III PROVISIONS APPLICABLE TO WHOLESALE PACKAGES

Rule - 29. Declaration to be made on every wholesale package.

(1)     Every wholesale package shall bear thereon a legible definite, plain and conspicuous declaration as to—

(a)      the name and address of the manufacturer or where the manufacturer is not the packer, of the packer;

(b)      the identity of the commodity contained in the package; and

[93][(c) the total number of retail packages contained in such wholesale package or the net quantity in terms of the standard units of weight, measure or number of the commodity contained in wholesale package;]

[94][Provided that nothing in this rule shall apply in relation to a wholesale package if a declaration, similar to the declaration specified in this rule, is required to be made on such wholesale packages by or under any other law for the time being in force.]

CHAPTER IV EXPORT AND IMPORT OF PACKAGED COMMODITIES

Rule - 30. Declaration on packages intended for export.

(1)     In this Chapter, “export package” means a package intended for export.

(2)     Every export package shall, not withstanding anything contained in Rule 6, bear on its principal display panel a legible and conspicuous declaration with regard to the following matters, namely:—

(i)       it is intended for export;

(ii)      the identity of the commodity contained in the export package and the net weight, measure or number of such commodity;

(iii)     the name and address of the manufacturer, and where the manufacturer is not the packer, of the packer.

(3)     Where an export package contains two or more individually packaged or labelled pieces of the same or different commodities, such export package shall also bear on its principal display panel a legible and conspicuous declaration with regard to the following matters, namely:—

(i)       the number and description of such individually packaged commodities; and

(ii)      the net weight, measure or number of the commodities contained in such individual package.

(4)     The Director or any other person authorised by the Director may inspect, or cause to be inspected, any package intended for export with a view to ascertaining whether the declarations as to the net weight, measure, or number on the packages are accurate, and if the Director or authorised person is of the opinion that the declaration with regard to such matters is not correct or is false in material particulars, he may bring the matter to the notice of—

(i)       where such checking is made in the premises of the manufacturer or packer,

(a)      the appropriate officer of customs, and

(b)      the Ministry dealing with the export of the concerned commodity,

(ii)      where the checking is made at or near the customs stations,—

(a)      the appropriate officer of customs, and

(b)      the Ministry dealing with the export of the concerned commodity,

for such action as they may think fit.

(5)     Where the person to whom any package is to be exported does not want any indication on the package to the effect that it is intended for export or that the name of the manufacturer or packer should be mentioned on the package, it shall be lawful for the manufacturer or packer to pack such commodity without complying with the provisions of sub-clause (i) or sub-clause (iii), or both, of sub-rule (2).

Rule - 31. Export packages also to comply with the laws of the country to which they are being exported.

Every export package shall also comply with the law, rules and regulations in force in the country to which such package is intended to be exported.

Rule - 32. Restrictions on sale of export packages in India.

An export package shall not be sold in India unless the manufacturer or packer has repacked or relabelled the commodity in accordance with the provisions contained in Chapter II; and where any export package is sold in India without such repacking or relabelling, such package shall be liable to be seized in accordance with the provisions of the Act.

Rule - 33. [Provisions applicable to packaged commodities imported into India.

(1)     All pre-packaged commodities imported into India shall carry the following declarations:—

(i)       Name and address of the importer;

Explanation I.—An importer is an individual, company or firm whose name figures in the bill of lading/import documents as the importer.

Explanation II.—For the purpose of these rules, the importer's premises/ address shall be taken as the manufacturer's/packer's premises/address:

[95][Provided that the importer shall also declare on the package, the name and address of the manufacturer and month and year of manufacture or packing, if not already given on the package.]

(ii)      Generic or common name of the commodity packed;

(iii)     Net quantity in terms of standard unit of weight and measures. If the net quantity in the imported package is given in any other unit, its equivalent in terms of standard units shall be declared by the importer;[96][***]

(iv)    Month and year of packing in which the commodity is manufactured or packed or imported;

(v)      Retail sale price as per clause (r) of Rule 2.

(2)     Responsibility for making mandatory declarations as required in sub-rule (1) shall rest with the importer.

(3)     The declarations shall be made in the following manner:

(i)       All the declarations may be printed on a label securely affixed to the package; or

(ii)      All the declarations may be made on an additional wrapper and imported package may be kept inside the additional wrapper; or

(iii)     All declarations may be printed on the package itself; or

(iv)    Declarations may be made on a card or tape affixed firmly to the package or container and bearing the required information.

(4)     The provisions of Rules 16 to 20, Rules 23 to 28 of Chapter II, Rule 29 of Chapter III, Rule 34 of Chapter V, Rules 35 to 38 of Chapter VI and Rules 39 to 40 of Chapter VII shall be applicable for the imported packages.][97]

CHAPTER V EXEMPTIONS

Rule - 34. Exemption in respect of certain packages.

(1)     Nothing contained in these rules shall apply to any package containing a commodity if—

(a)      the marking on the package unambiguously indicates that it has been specially packed for the exclusive use of any industry as a raw material or for the purpose of servicing any industry, mine or quarry:

Provided that this exemption shall not be available in respect of—

(i)       any yarn which is sold in hands to handloom weavers;

(ii)      any component, part or material used in any workshop, service station or any other place where servicing or repairing of any bicycle, tricycle or motor vehicle within the meaning of the Motor Vehicles Act, 1939 (4 of 1939), is undertaken;

[98][(iii) any package containing a commodity of net content of 5 kilograms, or 5 litres or less and displayed for sale at the retail outlet;

(iv)   any package containing a commodity to be sold by number or length and displayed for sale at the retail outlet;]

(b)      the net weight or measure of the commodity is twenty grams or twenty millilitres or less, if sold by weight or measure:

[99][Provided that this exemption shall not apply to packages containing any drug or medicine:]

[100][Provided that the declaration in respect of maximum retail price and net quantity shall be declared on packages containing 10g to 20g or 10 ml to 20 ml;]

(c)      [***][101]

[102][(d) any package containing fast food items packed by restaurant/hotel and the like.]

[103][(e) drugs covered under the Drugs (Price Control) Order, 1995.]

[104][(f) agricultural farm produces in packages of above 50 Kg.]

CHAPTER VI REGISTRATION OF MANUFACTURERS, PACKERS AND IMPORTERS

Rule - 35. [Registration of manufacturers, packers and importers.

(1)     Every individual, firm, Hindu undivided family, society, company or corporation who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of rupees twenty, to the Director for the registration of his or its name and complete address; and every such application shall be made:—

(i)       in the case of any applicant pre-packing or importing any commodity at the commencement of these rules, within ninety days from such commencement; or

(ii)      in the case of any applicant who or which commence pre-packing or importing of any commodity after the commencement of these rules, within ninety days from the date on which he or it commences such pre-packing.

(2)     Every application referred in sub-rule (1) shall contain the following particulars, namely—

(a)      the name of the applicant;

(b)      the complete address of the premises at which the pre-packing or import of one or more commodities is made by the applicant; and

(c)      the name of the commodity or commodities pre-packed or imported by the applicant.

Explanation.— In this sub-rule, “complete address” has the meaning assigned to it in the Explanation to sub-rule (1) of Rule 10.][105]

Rule - 36. Registration of shorter address permissible.

(1)     It shall be lawful for any manufacturer or packer to make an application to the Director for the registration of a shorter address, in addition to the complete address referred to in sub-rule (2) of Rule 35.

(2)     The Director may, if he is satisfied after inquiry that the shorter address is sufficient to enable the consumer or any other person to identify the manufacturer or the packer, register such shorter address.

(3)     Where a shorter address is registered by the Director, it shall be lawful for the manufacturer or packer to state such shorter address on the label of each commodity pre-packed by him on it.

Rule - 37. Register of manufacturers and packers, etc.

(1)     The Director shall enter in a register to be maintained by him for the purpose, the name and complete address of each manufacturer or packer by whom application for such registration has been made to him under Rule 35.

(2)     The register referred to in sub-rule (1) shall be open to the inspection of the public without payment of any fee.

Rule - 38. Compilation of lists of manufacturers or packers and their circulation.

The Director shall compile a State-wise list of the manufacturers and packers registered by him under Rule 37 and shall circulate such list to the Controllers of the concerned State to enable the Controller to take, or cause to be taken, samples at the premises of the manufacturer or, where the manufacturer is not the packer, of the packer.

[106][Chapter VII GENERAL

Rule - 39. Penalty for contravention of rules.

(1)     If any person contravenes the provisions of Rule 6, or tampers with, obliterates or alters any declaration made on any package in accordance with these rules, he shall be punishable with fine, which may extend to two thousand rupees.

(2)     Whoever contravenes any provision of these rules, for the contravention of which no punishment has been separately provided either in the Act or in these rules, he shall be punished with fine which may extend to two thousand rupees.][107]

CHAPTER VII GENERAL

Rule - 40. [Power to relax in certain cases.

The Central Government may, if satisfied, on the genuineness of the reasons stated in the application, permit a manufacturer/packer to pack for sale the packages on which corrective action are to be taken after a compounding or a court decision, for a reasonable period, relaxing any or all the provisions of these rules.][108]

[See Rule 2(i)(i)]

Maximum permissible errors in relation to the quantity contained in the individual package

[112][SECOND SCHEDULE

[See Rule 2(i)(ii)]

Maximum permissible error in relation to packaged commodities not specified in the First Schedule

(1)     Maximum permissible error on net quantity declared by weight or volume,—

(1)     The maximum permissible error, in excess or in deficiency, in the net quantity by weight or volume of any commodity not specified in the First Schedule, shall be as specified in Table I below:—

TABLE I

Maximum permissible errors on net quantities declared by weight or by volume

(2)     The maximum permissible error specified as percentage shall be rounded off to the nearest one-tenth of a g or ml, for declared quantities less than nor equal to 1000 g or ml and to the next whole g or ml for declared quantities above 1000 g or ml.

(2)     Maximum permissible error on net quantity declared by length, area or number,—

(1)     The maximum permissible error, in excess or in deficiency, in the net quantity declared in terms of length, area or number of any commodity not specified in the First Schedule shall be as specified in Table II below:—

TABLE II

Maximum permissible errors on net quantities declared by length, area or number

FOURTH SCHEDULE

[See Rule 11(4)]

Declaration of quantity in relation to commodities (sold by weight or volume) which may be qualified by the words “when packed” and the additional information which the package or the label affixed thereto shall bear on it

FIFTH SCHEDULE

[See Rule 12(2)]

Exceptions referred to in Rule 12(2)

(1)     The following commodities in packaged form may be sold by weight, measure or number as shown against the commodity:

Table

SIXTH SCHEDULE

[See Rule 13(5)]

The manner in which commodities intended to be sold by number shall be packed

Where any commodity is packed by number, such packing shall be made, unless otherwise provided in these rules, in the following manner, namely —

(a)      where the number is less than ten, by the integral number;

(b)      where the number exceeds ten but does not exceed one hundred, in multiples of five;

(c)      where the number exceeds one hundred but does not exceed [126][five hundred], in multiples of ten;

[127][(d)] where the number exceeds five hundred but does not exceed one thousand, in multiples of fifty:

[128][(e)] where the number exceeds one thousand, in multiples of one hundred.

[129][SEVENTH SCHEDULE

[See Rule 14(1)]

Manner of declaration of Unit Sale Price

[***][130]

EIGHTH SCHEDULE

[See proviso to Rule 23(3)]

[***][131]

[132][NINTH SCHEDULE

[See Rule 24]

Manner of Selection of Samples of Packages

(1)     For the determination of the net quantity for any commodity contained in a package, the sample size shall be such as specified in the corresponding entry in Column 2 of the Table below against the batch size specified in Column 1 of the said Table.

TABLE

(2)     The sample shall be selected at random in accordance with the manner specified in paragraphs 3 and 4.

(3)     Where, for the determination of the net quantity of any commodity contained in a package it is necessary to take samples of packages stored by the manufacturer or packer in a warehouse, godown or at any other place, the sample shall be selected at random, from every batch of packages and shall be picked out from the top, bottom, centre, right, left, front and rear of the stocks so that samples may adequately represent the packages in the batch.

(4)     Where, for the determination of the net quantity of any commodity contained in a package it is necessary to take samples from the place where the package is being filled such sample shall be selected from among the packages which have already been filled, or in the alternative, the requisite number of empty containers may be taken over and each of them shall be adequately marked for proper indentification and the tare weight of each container shall be accurately noted and thereafter the marked containers shall be introduced at random in the packing process so that, after the packages are filled it may be possible to determine the net quantity.

Explanation.—In this schedule “sample size” means the number of packages to be selected as sample.

Note.—

(1)     Where, on the commencement of the Standards of Weights and Measures (Packaged Commodities) Amendment Rules, 1992 (hereinafter referred to as the “Amendment Rules”, a manufacturer or packer is not in a position to make declaration in accordance with Rule 4 of the Amendment Rules he shall start doing so as early as possible but in any case before the 30th day of June, 1992.

(2)     Packaging of butter in ‘250g’ and ‘400g’, of cereal product in ‘400g’, of non-soapy detergent in ‘50g’ shall be discontinued as early as possible but in no case later than the 30th day of June, 1992.

(3)     Packing of Cement, Zarda, Pan Masala and Paint Varnish in the quantities specified by the Amendment Rules shall be adopted as early as possible but in any case before the 30th day of June, 1992.]

TENTH SCHEDULE

[See Rule 24]

Determination of the net quantity of commodities contained in packages

PART I

Equipments

1. Equipments required.—

(1)     The Director, or other person authorised by or under the Act, to determine the net quantity of commodity contained in any package, shall be provided by the concerned Government with adequate equipments and facilities to carry out his work to the required degree of accuracy in an expedient and efficient manner.

(2)     The equipments, referred to in sub-paragraph (1), shall ordinarily consist of working standard weights and balances, or any other weight or measure declared by the Director to be suitable for determining the net quantity contained in the concerned package.

(3)     The Director or authorised person shall, before determining the net quantity contained in any package, ensure that the working standards and other equipments are functioning properly.

2. Working standards to be ordinarily used.—

(1)     Ordinarily, working standards and other weights and measures, duly verified shall be used for determining the net quantities contained in packages and the errors, if any, in relation to the net quantity declared on the package:

Provided that, where it is necessary to use the weights or measures owned or controlled by the manufacturer, packer or wholesale dealer as the case may be, such weights and measures shall not be used unless they are verified before use and no such weight or measure, shall be used unless the maximum permissible error of such weight or measure is twenty per cent or less of the maximum error permitted in relation to the net quantity of the commodity contained in the package.

(2)     It shall be the duty of every manufacturer, packer or wholesale dealer to render such assistance to the Director or other authorised person as the Director or other authorised person may require in order to carry out his duties expeditiously and efficiently.

(3)     Where any weight, measure or other equipment, owned or controlled by the manufacturer, packer or wholesale dealer is used by the Director or other authorised person for the determination of the net quantity contained in any package, such weight, measure or other equipment shall not be released by the Director or other authorised person until his work is completed.

PART II

Instructions with regard to the determination of quantity and error at manufacturer's or packer's premises

3. Procedure for determination of quantity by weight at manufacturer's or packer's premises.—

[133][(1) If empty tare packages are available, one such package shall be taken and tare package weight determined. If the tare package weight is equal to or less than three-tenths of the maximum permissible error for the concerned commodity of that quantity, it shall be assumed that the tare package weight so determined is valid for all the other packages in the sample, and the sample packages shall then be weighed for gross weight, and thereafter the net weight of commodity contained in each package shall be obtained by subtracting the tare package weight from the gross package weight. If the tare package weight so determined is more than three-tenths of the maximum permissible error in relation to the commodity for that quantity, weight of four more empty tare packages shall be determined. If the difference between the maximum tare package weight and the minimum tare package weight of the five samples is equal to or less than four-tenths of the maximum permissible error allowed for that commodity for that quantity, the tare weight of the package shall be taken as equal to the average of the five tare package weights. The gross weight of the package in the sample shall then be determined and the average tare package weight shall be subtracted from the gross package weight to obtain the net contents of the commodity in each package in the sample. However, when the difference in the five individual tare weights of the packages exceeds the limit of four-tenths of the maximum permissible error specified above, the procedure specified in sub-paragraph (4) or sub-paragraph (5), as the case may be, shall be adopted for determining the net quantity of individual packages.]

(2)   In the absence of empty tare packages, one package from the sample shall be opened and net weight of the commodity and the tare weight of the package determined. If the tare weight of the package is equal to or less than three-tenths of the maximum permissible error for that concerned commodity of that quantity, it shall be assumed that the tare weight of one package so determined is valid for all the other packages in the sample and the remaining packages shall then be weighed for gross weight, and thereafter the net weight of commodity contained in each package shall be obtained by subtracting the tare weight from the gross weight.

(3)   If the tare weight of the package specified in [sub-paragraph (2)][134] is more than three-tenths of the maximum permissible error in relation to that commodity, four more packages in the samples shall be opened and the net weight of the commodity in each package as well as the tare weight of each package shall be determined. If the difference between the maximum tare weight and the minimum tare weight of five samples is equal to or less than four-tenths of the maximum permissible error for that commodity of that quantity, the tare weight of the package shall be taken as equal to the arithmetic mean of the five tare weights. The gross weight of the packages in the sample shall then be determined to the requisite accuracy and the average tare weight of the container shall be subtracted from the gross weight to obtain the net contents of commodity in each package in the sample.

(4)   Where it is found on examining the first package, as described in sub-paragraph (2) that the tare weight of the container exceeds the limits specified in sub-paragraph (2) and sub-paragraph (3) and the determination of net contents cannot be carried out without opening the remaining packages or it is not possible to use the procedure described in sub-paragraph (5) the size of the sample to be examined shall be restricted to that indicated in column (2) in accordance with the batch size indicated in column (1) of Table [***][135] of the Ninth Schedule and the determination of net quantity shall be carried out by opening all the packages in the sample.

(5)   Where it is likely that the process of determination of the actual net quantity may be destructive and it is possible to feed empty packages into the packing process without affecting the results, the following procedure shall be used,—

(a)      the number of empty packages, depending upon the size of the batch, in accordance with columns (1) and (2) of Table [***][136] of the Ninth Schedule shall be selected,

(b)      the empty packages shall be marked suitably to identify them from the other packages,

(c)      the weight of each empty package, with its other parts which are to be fitted on it after it is filled shall be determined and the weight suitably recorded on the empty package and also on the Form specified in the Eleventh Schedule,

(d)      the empty packages shall then be filled by introducing them in a random manner in the packing process, and such introduction shall be adequately spread over the duration in accordance with which the size of the batch is determined,

(e)      the marked packages shall be taken out after completion of the filling and sealing operations and each such filled package shall be weighed again to the requisite accuracy,

(f)       the net quantity shall be obtained by deducting the tare weight determined in accordance with clause (c) from the gross weight.

(6)   The Director or other authorised person shall enter results of his examination of gross weight, net weight and tare weight in the Form specified in the Eleventh Schedule, along with such other observation as he may wish to make on the basis of his examination.

4. Determination of liquid contents by volume.

(1)     If the specific gravity of the liquid commodity filled in packages remains sufficiently constant for a batch and it is possible to determine accurately its specific gravity, the method of determination of net contents by weight, described in paragraph 3 may be used.

(2)     If the method described in sub-paragraph (1) is not feasible the containers shall be opened and the contents of each package poured out carefully into the appropriate volume measure.

(3)     The reading of the actual net volume of the commodity in every package shall be noted carefully and recorded in the Form specified in the Eleventh Schedule.

5. Verification of length of commodities.—

(1)     The sample shall be selected in the manner specified in the Ninth Schedule.

(2)     If it is not possible to measure the dimensions without opening the package, the packages shall be opened.

(3)     The length of the commodity shall be measured by means of a calibrated steel tape of suitable length.

(4)     If the actual length of the commodity is so great that it is not possible to measure it with the tape measure and a suitable length measuring instrument is available on the premises, that instrument shall be used, after duly calibrating it by suitable means, with the steel tape serving as a working standard of length.

(5)     The reading of the actual length of the commodity in every package shall be noted carefully and recorded in the Form specified in the Eleventh Schedule.

6. Verification of commodities packed by number.

The Director or authorised person shall take packages from the sample drawn by him in the manner specified in the Ninth Schedule and determine the extent of error, by actual counting in each such package and may, for that purpose open all packages.

7. Checking of unit price.

(1)     The Director or authorised person shall calculate, from the total selling price of the package, and the declared net quantity, the price of commodity in packaged form per unit of weight, measure or number by using the rule of three.

(2)     The Director or authorised person shall note the difference, if any, between the declared and calculated unit price.

8. Checking of other declarations.—

(1)     The declarations made on the package or on the label affixed thereto, shall be examined with a view to ascertaining whether such declarations confirm to these rules.

(2)     The additional declarations made on the package or on the label affixed thereto in respect of items (g) and (h) of sub-rule (1) of Rule 6 shall also be examined to ascertain whether they are adequate.

ELEVENTH SCHEDULE

FORM A

Weight Checking—Data Sheet

Note.—If the data sheet runs into more pages than one, the each continuation sheet shall bear the signatures specified in Part F.

FORM B

Volume/Length Checking—Data Sheet

Note.—If the data sheet runs into more pages than one, the each continuation sheet shall bear the signatures specified in Part F.

APPENDICES

(1)

Ministry of Civil Supplies, Consumer Affairs and Public Distribution, Noti. No. GSR 314(E), dated March 12th, 1994, published in the Gazette of India, Extra., Part II, Section 3(i), dated 12th March, 1994, pp. 4-7, Sl. No. 118[F.No. WN-10(5)/93] as amended by GSR 695(E), dt. 20-9-1994

In exercise of the powers conferred by Section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules further to amend the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, namely:—

(1)     (1) These rules may be called the Standards of Weights and Measures (Packaged Commodities) Amendment Rules, 1994.

(2) They shall come into force on the date of their publication in the Official Gazette.

* * *

[137] Note.—Any manufacturer or packer allowed to continue the pack sizes or any declaration thereon permissible immediately prior to the commencement of this notification shall not be allowed to do so beyond [30th June, 1995].[138]

(2)

Ministry of Civil Supplies, Consumer Affairs and Public Distribution, Noti. No. GSR 591(E), dated 20th July, 1994, published in Gazette of India, Extra., Part II, Section 3(i), dated 20th July, 1994 as amended by GSR 696(E), dated 20-9-1994

In exercise of the powers conferred by Section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules to amend the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, namely:—

(1)     (1) These rules may be called the Standards of Weights and Measures (Packaged Commodities) Second Amendment Rules, 1994.

(2) They shall come into force on the date of their publication in the Official Gazette.

* * *

[139] Note.—Any manufacturer or packer allowed to continue declaration on their pre-packages permissible immediately prior to the commencement of this notification shall not be allowed to do so beyond [30th June, 1995].[140]

(3)

Ministry of Civil Supplies, Consumer Affairs and Public Distribution, Noti. No. GSR 863(E), dated 14th December, 1994, published in Gazette of India, Extra., Part II, Section 3(i), dated 14th December, 1994 Sl. No. 519 [F.No. WM-10(14)/92]

In exercise of the powers conferred by Section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules further to amend the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, namely:—

(1)     (1) These rules may be called the Standards of Weights and Measures (Packaged Commodities) Third Amendment Rules, 1994.

(2) They shall come into force on the date of their publication in the Official Gazette.

* * *

4. Any manufacturer or packer shall not continue the declaration of net quality by weight without is equivalent in volume or vice versa beyond the [141][30th June, 1995].

(4)

Ministry of Civil Supplies, Consumer Affairs and Public Distribution, Noti. No. G.S.R 105(E), dated March 2nd, 1995, published in Gazette of India, Extra., Part II, Section 3(i), dated 2nd March, 1995

In exercise of the powers conferred by Section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules further to amend the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, namely:—

(1)     (1) These rules may be called the Standards of Weights and Measures (Packaged Commodities) Amendment Rules, 1995.

(2) They shall come into force on the date of their publication in the Official Gazette.

* * *

11. Any manufacturer or packer allowed to continue the declarations on their packages permissible immediately prior to the commencement of this notification shall not be allowed to do so beyond [31st day of August, 1995][142].