(1) With a view to ascertaining whether any packagl :'
or lot of packages complies with provisions of these rules in all respects, thl :
Director, Controller or any Legal Metrology Officer empowered to inspect undfi' section 15 of the Act (hereafter referred to in these rules as the ”authorizld person”) may examine the packages and carry out the tests at the premises 0!
the manufacturer or where the manufacturer is not the packer, of the packet 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 tho Fifth Schedule and the tests aforesaid shall be carried out in accordance wllh the method specified in the Sixth Schedule.
(2) The Director, Controller or any Legal Metrology Officer shall enter in thl ~ Form set out in the Seventh Schedule, the detailed results of the tests carried on i by him under sub-rule (1) and shall obtain, on the said Form, the signature of thl r manufacturer or, as the case may be, of the packer, or his authorized agent, of in the absence of both, or on their refusal to affix such signature, the signatllfl of a competent witness and copy of the data-sheet containing the result sh.
be given to the manufacturer or packer, as the case may 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 mak report indicating therein his findings with regard to the declarations required V be made under these rules and as to the net quantity actually contained in a sample packages and the extent of error, if any, noticed by him and fumluh , 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) 2[the corrected average] of the net quantity contained in the packs drawn as samples is lesser than the quantity declared on the pack:
or on the labels affixed thereto: or
1. Ins. by G.S.R. 359(E), dated 6th June, 2013 (w.e.f. 1-7-2013).
2. Subs. by G.S.R. 629(E), dated 23rd June, 2017, for ”the statistical average” (w.e.f. 1-]-2019){ ., ule 19] The Legal Metro/ogy (Packaged Commodities) Rules, 2011 529 1[(b) the number of packages that show an error in deficiency exceeding the maximum permissible error is greater than that shown in column 4 of Table under Fifth Schedule; or (C) any such package shows an error in deficiency exceeding twice the maximum permissible error;
(d) the Director, Controller or the Legal Metrology Officer shall require the manufacturer or packer to make a cent per cent check of the packages contained in the lot and authorise sale, distribution or delivery of only such packages with error in deficiency in the net quantity less than the maximum permissible error and the remaining packages shall be allowed to be sold distributed or delivered by the manufacturer or packer after it has been repacked or relabeled, as the case may be, so as to comply with the provisions of the Act and these Rules] 2[=H—=t] 3[(6) A lot of packages shall be approved for sale if as a result of the test carried out under this rule, it is found that— ]. Subs. by G.S.R. 629(E), dated 23rd June, 2017, for clause (b) (w.e.f. 1—1-2018). Clause (b), before substitution, stood as under:
”(b) any such package shows an error in deficiency greater than the maximum permissible error, 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:
Provided that 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 sub—rule (5) or as the case may be, sub-rule (6), are complied with”.
2. Sub-rule (5) omitted by G.S.R. 629(E), dated 23rd June, 2017, (w.e.f. 1-1-2018). Sub—rule (5), before omission, stood as under:
”(5)(a) where, as a result of any test carried out under this rule, it is found that any package contained 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 packages contained in the lot and pick out from the lot the packages which conform to an the provisions of 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 provisions of the Act or of these rules, such- package shall not be sold, distributed or delivered until it has been re—packed, re—processed or re—labelled, as the case may be, in accordance with theprovisions of the Act and of these rules”.
.
.
. Subs. by G.S.R. 629(E), dated 23rd June, 2017, for sub-rule (6) (w.e.f. 1-1-2018). Sub—rule (6), before substitution, stood as under:
”(6) A lot of packages shall be approved for sale if, and only if, as a result of the tests carried out under this rule, it is found that— Contd. on next page 530 The Legal Metro/ogy (Packaged Commodities) Rules, 2011 [Rule 10
(a) the corrected average net quantity of the sample packages is equal to or more than the declared net quantity;
(b) the number of packages that show an error in deficiency exceed' the maximum permissible error is not more than that shown in column 4 of the Table under Fifth Schedule;
(c) no package shows an error in deficiency exceeding twice tho.
maximum permissible error;
(d) every package bears thereon or on a label affixed thereto tho declarations required to be made under these rules] 1[(7) The requirement of mandatory declarations on packages shall b0 ensured" at the factory level and at the depot of the factory] 2[(8) For non-compliance of the provisions of this rule, action may be taken after seizing five representative samples of the packages as evidence and tho rest of the packages may be released only after compliance is completed by tho manufacturer or the packer, as the case may be] 3(20. Action to be taken on completion of inspection of packages at tht premises of the manufacturers or the packer.—(1) If it appears from the report referred to in sub-rule (3) of rule 19 that,— Contd. from previous page
(a) the statistical average of the net quantity contained in the sample packages is equal to.
or more than, the quantity declared on the package or on the label affixed thereto.
(b) the extent of error in deficiency in none of such sample packages exceeds the maximum permissible error.
(c) each such package bears thereon or on a label affixed thereto the declaration requlrd to be made under these rules.”
1. Subs. by G.S.R. 784(E), dated 24th October, 2011, read with corrigendum G.S.R. 832(E), dMId 23rd November, 2011, for sub-rule (7) (w.e.f. 1-7—2012). Sub-rule (7), before substitution, at!“ as under:
; ”(7) The requirement of mandatory declarations on the packages shall be ensured clthu at the factory level or at the depot of the factory.".
' Subs. by corrigendum G.S.R. 832(E), dated 23rd November, 2011, for "ensured either'fl 1 2. Subs. by G.S.R. 784(E), dated 24th October, 2011, read with corrigendum G.S.R. 832(E), dud 1 23rd November, 2011, for sub-rule (8) (w.e.f. 1-7-2012). Sub—rule (8), before substitution, stud3 as under:
”(8) For non—compliance of the provisions of this rule, action may be taken after selrln.five representative samples of the packages as evidence and the rest of the packages may ‘ be released once compliance is ensured by the manufacturer or the packer, as the can i may be”.
t 3. Subs, by G.S.R. 629(E), dated 23rd June, 2017, for rule 20 (w.e.f. 1-1-2018). Rule 20, be!“ substitution, stood as under:
, 20, Action to be taken on completion of inspection of packages at the premises of the mam/act”, or the packer.—(1) If it appears from the report referred to in sub-rule (3) of rule 19 that,- :i'
(a) the statistical average of the net quantity contained in the packages drawn as sum!
7“.
- under that rule is lesser than the quantity declared on the packages or on the labels If , .
thereto, or any such package shows an error in deficiency greater than the maxim“‘ - permissible error, or
(b) any such package does not bear thereon or on label affixed thereto the declaration.
be made under these rules, the Director, Controller or any Legal Metrology Officer take action as given below, namely:— Contd. on next H %r Rule 21] The Legal Metrology (Packaged Commodities) Rules, 2011 531
(a) the corrected average net quantity contained in the packages drawn as samples is lesser than the quantity declared on the package or the label affixed thereto; or
(b) any such packages showing an error in deficiency exceeding the maximum permissible error is greater than the number specified in column 4 of the Table in the Fifth schedule; or
(c) any package has error in deficiency exceeding twice the maximum permissible error; or
(d) any such package does not bear thereon [or on label affixed thereto the declarations to be made under these Rules;
the Director, Controller, or the Legal Metrology Officer shall take following action, namely:—
(i) seize the packages drawn by him as samples and take adequate steps for the safe custody of the seized packages until they are produced in the appropriate court as evidence;
(ii) based on the evidence initiate action for violations as per the provisions of the Act and these rules.
(2) The disposal of the seized packages shall be done in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).]