(1) If it appears from the report referred to in sub-rule (3) of rule 19 that,"
(a) the statistical average of the net quantity contained in the packagesdrawn as samples under that rule is lesser than the quantity declared on the packagesor on the labels affixed thereto, or any such package shows .tn error in deficiency oreater than the maximum permissibleerror, or \ i;) any such package does not bear thereon or on label affixed thereto the declarations to be made under these rules, the Director, Controller or any Legal MetrologyOfficer shall take action as given below, namely:-
(i) seize the packagesdrawn 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;
(ii) basedon the evidence initiate action for violations of the provisions of tilP Act and these rules:
Provided that no such action shall be taken if fresh tests are carried out under sub-rule (4) of rule 19, but if after such fresh tests any such error or omission as is referred to in this sub-rule is detected, the Director, Controller or any LJ:gal Metrology Officer shall take appropriate action as specified in this sub-rule in accordancewith the provisions of the Act against the manufacturer or, as the casemay be, the packer.
(3) The disposal of the seized packages shall be made in accordance with the ['WT II-~ 3(i)] 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 Controller or any Legal Metrology Officer 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 Controller or any Legal Metrology Officer 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 packages;
(iii) the Director or the Controller or any Legal Metrology Officer 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, Controller or any Legal Metrology Officer shall verify whether the quantity contained in the package corresponds to the quantity declared on such packagesor any label affixed thereto and where quantity contained in package is less than the declared quantity, whether the deficiency is more than the maximum permissible error in relation to that commodity.
(3) Where the Director, Controller or any Legal Metrology Officer finds on a test carried out under this rule that the error in deficiency in any package kept or M;;;::;:;:;:;;:;;;:;::;:;;:;:;::;:;;:::;::;::;:;;:;;;:;;;;:;;:;;:::::::::;::;::;:;;::::::T;::H;::E;::G=AZ=ETT==E=O=F::;:IN===DlA=.: =E::::::XT=R=A=O=:=R=D=IN=A=:R=:=Y:==:==:;:=[=:"'::=\R=' ';=' SIC 3( i)] stored for sale,'dlstdbutl6ri or delivery at the premises of the retail or wholesale dealer is more than the maximum permissible error in relation to ttlat commodity, he shall seize such packageand take appropriate action against the retail dealer or the wholesale dealer, as the casemay be, in accordancewith tile provisionsof 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, Controller or any Legal Metrology Officer is satisfied after necessarytest that the deficiency in the net quantity contained in 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 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 basiSof 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, Controller or any Legal Metrology Officer to make such enquiries as to the source from which such package was received by the whole sale dealer or the retail dealer as the case may be, as he may think fit.
(oqpr II-~ 3(0] 65