In the case of a package containing sheets like aluminum 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 usablI sheets contained in the package and the dimensions of each such sheet.
17. Declarations with regard to the dimensions of container typi commodities—The commodities shall be expressed as bags, boxes, cups, pan or the like designed and sold in retail trade for being used as containers for other materials or objects and shall be labeled with the declaration of quantity as follows.—
(i) for bag—type commodities, the number of bags which the packag‘ may contain, followed by linear dimensions of the bags, whethut| packaged in a perforated roll or otherwise; -
(ii) for square, oblong, rectangular or similarly shaped containers, thl?
number of containers which the package may contain, followed b length, width, and if required, depth of the container;
(iii) for circular or generally round-shaped containers, not being cups ~ the like the number of commodities contained therein followed by diameter and, if necessary, depth of the container;
(iv) When the use of a container islrelated by label references, the standalt.
weight or measure, to the capability of the container to hold a speci quantity of commodity or a class of commodities such referen ~ ., shall be included in the declaration of quantity.
18. Provisions relating to wholesale dealer and retail dealers—(1) wholesale dealer or retail dealer or importer shall sell, distribute, deliver, displl or store for sale any commodity in the packaged form unless the packa complies with in all respects, the provisions of the Act and these rules.
ule 18] The Legal Metrology (Packaged Commodities) Rules, 2011 527 1[(IA) The wholesale dealer shall be allowed to sell the pre—p‘ackaged ommodities directly to the industrial and institutional consumers]
(2) No retail dealer or other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in packed form at a price exceeding the retail sale price thereof, 1[(2A) Unless otherwise specifically provided under any other law, no manufacturer or packer or importer shall declare different maximum retail prices on an identical pre—packaged commodity by adopting restrictive trade practices or unfair trade practices as defined under clause (c) of sub-section (1) of section 2 of the Consumer Protection Act, 1986 (68 of 1986).]
(3) 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 L be necessary where such revision is due to any increase in, or imposition or, i 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;
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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 s excess of the revised price, irrespective of the month in which the commodity was pre-packed.
(4) Nothing in sub-rule (3) 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.
.(5) No wholesale dealer or retail dealer or other person shall obliterate, smudge or alter the retail sale price, indicated by the manufacturer or the packer or the importer, as the case may be, on the package or on the label affixed thereto.
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(6) The manufacturer or packer or the importer shall not alter the price on the wrapper once printed and used for packing.
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(7) All retailers who are covered under the Value Added Tax (VAT) or Turn Over Tax (TOT) and dealing in packaged commodities whose net content
1. Ins. by G.S.R.v‘629(E), dated 23rd June, 2017 (w.e.f. 1-1-2018).
528 The Legal Metro/ogy (Packaged Commodities) Rules, 2011 [Rule 1| ;
declaration is by weight or volume or a combination thereof shall maintain an ;
electronic weighing machine of at least accuracy class III, with smallest division ;
of at least 1g, with facility to issue a printed receipt indicating among othor'i things, the gross quantity, price and the like at a prominent place in their retail ' premises, free of cost, for the benefit of consumers and the consumers may 5 check the weight of their packaged commodities purchased from the shop on E such machine.
1[(8) (1) All the marketing companies, manufacturers, packers, importers of _ distributors of Liquefied Petroleum Gas cylinder shall maintain a check weight! I?
or non-automatic weighing instrument, digital or analogue, of Accuracy class-tn ‘ (Max. 50 kg, e=10g) to check the weight of the Liquefied Petroleum Gu ‘ cylinder.
(2) The marketing companies, manufacturers, packers, importers of distributors referred to in sub-rule (1), shall provide to the delivery man to measure or weigh the correct quantity of the Liquefied Petroleum GI.
cylinder.]