··(1) With a view to ascertaining whether any packageor lot of packagescomplieswith provisions of these rules in all respects, the Director, Controller or any Legal Metrology Officer empowered to inspect under section 15 of the Act (hereafter referred to in these rules as the "authorized person") may examine the packagesand 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 lot of packages, in such manner and in such number as are specified in the Fifth Schedule and the tests aforesaid shall be carried out in accordancewith the method specified in the Sixth Schedule.
(2) The Director, Controller or any LegalMetrology Officer shall enter in the Form set out in the Seventh 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 authorized agent, or, in the absence of both, or on their refusal to affix such Signature, the Signature of a competent witness and copy of the data sheet containing the result shall be given to the manufacturer or packer, as the casemay be.
(3) On the completion of the examination and tests carried out under sub-rule
(1), the Director, Controller or any Legal Metrology Officer shall make a report indicating therein Ilis findings with regard to the declarations required to be made under these rules and as to the net quantity actually contained in the l ===========================- -----THE GAZETTE OF INDIA: EXTRAORDINARY [PAR r II SFC. 3(i)1 sample packagesand 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 packagesdrawn as samples is lesser than the quantity declared on the packages or on the labels affixed thereto; or
(b) any such package shows an error in deficiency greater than the maximum permissibleerror, the Director, Controller or any Legal Metrology Officer shall, if for good and sufficient reason, requested by the manufacturer or packer or his authorized 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, Controller or any Legal Metrology Officer, as the case may be, shall collect a fee of two thousand five hundred rupees from the manufacturer or packer for carrying out the fresh tests.
Providedthat where fresh tests are carried out, no package contained in the lot, 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 the subrule (5) or as the case may be, sub-rule (6), are complied with.
(5)(a) where, as a result of any test carried out under this rule, it is found that any packagecontained in the lot 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 packagescontained in the lot and pick out from the lot the [1WTIl-~ 3(i)] packageswhich conform to all the provisionsof the Act and of these rules.
(b) When the Director, Controller or any Legal Metrology Officer is satisfied that the packages picked out by the manufacturer or packer conforms to all the provisions of the Act and of these rules, he shall authorize 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 or of the provisionsof the Act or of these rules, such packageshall not be sold, distributed or delivered until it has been re-packed, re-processed or relabeled, as the case may be, in accordancewith the provisionsof the Act and of these rules.
(6) A lot of packagesshall 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 packageor on the label affixed thereto.
(b) the extent of error in deftciencv in none of such sample packages exceeds the maximum permissible error.
© each such package bears thereon or on a label affixed thereto the declaration required to be made under these rules.
(7) The requirement of mandatory declarations on the packagesshall be ensured either at the factory level or at the depot of the factory.
(8) For non-compliance of the provisions of this rule, action may be taken after seizing five representative samples of the packagesas evidence and the rest of the packagesmay be released once compliance is ensured by the manufacturer THE GAZETTE OF INDIA: EXTRAORDINARY [PARI II SEC. 3(i)] or the packer, as the case may be.