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Section 23: Deceptive packages to be repacked or in default to be seized

Legal Metrology Packaged Commodities Rules, 2011Central Rules · 2010

(1) If, on the determination of the quantity contained in the sample packages, the Director or Controller or the Legal Metrology officer finds that the quantity contained in the package agrees with the declaration of the quantity made on 900 G1I11-9 66 THE GAZETTE OF INDIA: EXTRAoRDINARY 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 repack and re­ label 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 repack or re-Iabel such [PAR] 11--- SEC. 3( i)j 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 packagesuntil they are producedin a court as evidence.

Explanation: For the purpose of this rule, 'deceptive package' means a package which is so designed as to deliberately given 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 the 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 packagescontain any commodity which is subject to speedy or natural decay, the Director or Controller or the legal Metrology officer shall disposeof the commodity in accordancewith the rules made under the Act.

CHAPTER III PROVISIONS APPLICABLETOWHOLESALEPACKAGES

24. Declarations applicable to be made on every wholesale package [qrTf II-~ 3(i)] 'lm\' q;J ~ : 3R1ItTJ\lTI 67 Every wholesale package shall bear thereon a legible, definite, plain and conspicuousdeclaration as to -

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

(b) the identity of the commodity contained in the package; and (c ) the total number of retail package contained in such wholesale package or the net quantity in terms of standard units of weights, measures or number of the commodity contained in wholesale package;

Providedthat nothing in this rule shall apply in relation to a wholesale package if a declaration similar to the declarations specified in this rule, is required to be made on such wholesale packagesby or under any other law for the lime t)eiil~J in force.

CHAPTER IV EXPORTOF PACKAGEDCOMMODITIES ,-

Where this provision sits

ActLegal Metrology Packaged Commodities Rules, 2011
Section23
Marginal noteDeceptive packages to be repacked or in default to be seized
JurisdictionCentral
StatusIn force as published by the source

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