In these rules, unless the context otherwise requires-
(a) "Act" meansthe Legal MetrologyAct 2009, (1 of 2010);
(b) "dealer" in relation to any commodity in packaged form, means a person who, or a firm which carries on directly or otherwise, the business of buying, selling, supplying or distributing any such commodity whether for cash or for 38 Till:: GAZETTEOF INDIA: EXTRAORDINARY [PART II SEC 3(i)} deferred payment or for commission, remuneration or other valuable consideration, and includes a commissionagent who carries on such businesson 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;
(c) "lot" means-
(i) in the case of packages which have been stored, the total number of such packagesstored; and
(il) in the case of packages which are on or at the end of the packing line, the maximumhourly output of packages;'
(d) "manufacturer" in relation to any commodity in packaged form, means a ' pcr~on who or a firm which produces, makes or manufactures such commodity a Id includes a person or firm which puts, or causesto be put, any mark on any packagedcommodity, not produced, made or manufactured by him or it, and the mark claims the commodity tn the package to be a commodity produced, made or manufactured by such person or firm as the casemay be;
(e) '''Maximum permissible error", in relation to the quantity contained in an individual package, means an error in deficiency·which, subject to the provision of these rules, does not exceed the limits specified in the First Schedule;
(f) "net quantity", in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package,excluding the packagingor wrappers;
['TIlT JJ (91l'S J(i)] 39 =====================._------
(g) "packer" means a. person who, or a firm which pre-packs any commoditY,--- whether in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail;
(h) "principal display panel", in relation to a package, means the total surface area of the packagewhere the information required under these rules are to be given in the following manner, namely:- "(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 placeand on line information grouped together in other place;
(i) "quantity" in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package;
(j) "retail dealer" in relation to any commodity in packagedform means a dealer who directly sells such packages to the consumer and includes, in relation to packagesas are sold directly to the consumer, a wholesale dealer who makes such direct sale to the consumer.
(k) "retail package" means the packageswhich are intended for retail sale to the .ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages:
Provided that for the purposes of this clause, the expression 'ultimate consumer' shall not include industrial or institutional consumers;
(I) "retail sale", in relation to a commodity, means the sale, distribution or delivery of such commodity through retail sales shops, agencies or other 40 THE GAZETTE OF INDIA: EXTRAORDINARY IPARI ". Su. 3(i)]==~~~~~~~~~==========~==~~==~~~~~============== instrumentalities for consumption by an individual or a group of individuals or any other consumer;
(m) "retail sale price" means the maximum price at which the commodity in packaged form may be sold to the ultimate consumer and the price shall be printed on the package in the manner given below;
'Maximum or Max. retail price Rs...../~ ...... inclusive of a" taxes or in the form MRPRs...... I ~ ...... incl., of a" taxes after taking into account the fraction of less than fifty paise to be rounded off to the preceding rupee and fraction of above 50 paiseand up to 95 paise to the rounded off to fifty paise;
(n) "section" meansa section of the Act;
(0) "Schedule"meansa Scheduleappendedto these rules;
(p) "standard package" means a package containing the specified quantity of a commodity;
(q) "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;
(r) "wholesale package" means a package containing- (i) a number of retail packages,where such first nientioned package is intended for sale, distribution or delivery to an intermediary and is not intended for sale direct to a single consumer; or
(ii) a commodity sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity to the consumer in similar quantities;
or 41
(iii) packagescontaining ten or more than ten retail packagesprovided that the retail packagesare labeled as required under the rules.
(s) words and expressions used herein and not defined but defined in the Act, shall have the meanings respectivelyassignedto them in the Act.
CHAPTER -II PROVISIONS APPLICABLE TO PACKAGES INTENDED FOR RETAIL SALE