In these rules, unless the context otherwise requl
(a) "Act" means the Legal Metrology Act, 2009 (1 of 2010);
2[(aa) "Consumer" shall have the same meaning as assigned to It Jn
(d) of sub-section (1) of section 2 of the Consumer Protcctl 1986 (68 of 1986);]
·(b) "dealer" in relation to any commodity in packaged form, a person who, or a firm which carries on directly or oth the business of buying, selling, supplying or distributing such commodity whether for cash or for deferred payment or commission, remuneration or other valuable consideration, includes a commission agent who carries on such business on bchal any principal, but does not i,nclude a manufacturer who manufoctu any commodity which is sold or distributed in a packaged ( except where such commodity is sold by such manufacturer to 1ft other person other than a dealer;
3[(bb) "industrial consumer" means the consumer who buys packnM commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that industry and the package slulll have declaration 'not for retail sale';]
4[(bc) "institutional consumer" means the institution which buys packag d commodities bearing a declaration 'not for retail sale', directly from
1. Vide G.S.R. 202(E), dated 7th March, 2011, published in the Gazette of India, ExtrA,1 Pt. II, Sec. 3(i), dated 9th March, 2011.
2. Ins. by G.S.R. 629(E), dated 23rd June, 2017 (w.e.f. 1-1-2018).
3. Subs. by G.S.R. 385(E), dated 14th May, 2015, (w.e.f. 14-5-2015). Earlier clauses (bb) and (be) were inserted by G.S.R. 359(E), dated 6th June, 2013 (w.e.f. 6-6-2013). Clauses (bb) and (be), before substitution, stood as under:
'(bb) "industrial consumer" means the consumer who buys packaged commodities directly from the manufacturer for use by that industry;"
4. Subs. by G.S.R. 629(E), dated 23rd June, 2017 for clause (be) (w.e.f. 1-1-2018). Earlier clause
(be) was substituted by G.S.R. 385(E), dated 24th May, 2015 (w.e.f. 14-5-2015). Clause (be), before substitution by G.S.R. 629(E), dated 23rd ·June, 2017, stood as under:
"(be) "institutional consumer" means the institution who hires or avails of the facilities or services in connection with transport, hotel, hospital or other organization which buy packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that institution, and the package shall have declaration 'not for retail sale';".
510 Rule 2] The Legal Metrology (Packaged Commodities) Rules, 2011 511 the manufacturer or from an importer or from wholesale dealer for use by that institution and not for commercial or trade purposes;]
1[(bd) "E-commerce" means buying and selling of goods and services including digital products over digital and electronic network;
(be) "E-commerce entity" means a company incorporated under the Companies Act, 1956 or the Companies Act, 2013 or a foreign company covered under clause (42) of section 2 of the Companies Act, 2013, or an office, branch or agency in India covered under sub-clause (ii) of clause (v) of section 2 of the Foreign Exchange Management Act, 1999 (42 of 1999) owned or controlled by a person resident outside India and conducting e-commerce business;
(bf) "marketplace based model of e-commerce" means providing of an information technology platform by an e-commerce entity on a digital and electronic network to act as a facilitator between buyer and seller;]
(c) "lot" means-
(i) in the case of packages which have been stored, the total number of such packages stored; and
(ii) in the case of packages which are on or at the end of the packing line, the maximum hourly output of packages;
(d) "manufacturer" in relation to any commodity in packaged form, means a person who or a firm which produces, makes or manufactures such commodity and includes a person or firm which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person or firm as the case may 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 packaging or wrappers; .
(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 package where 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 · l. Ins. by G.S.R. 629(E), dated 23rd June, 2017 (w.e.f. 1-1-2018).
512
(i)
(i)
(k)
(1) 2[(m)
(n)
(0)
(p)
(q) 1!
(ii) the pre—printed information could be grouped together and given in one place and on line information grouped together in 0111::
place;
”quantity” in relation to commodity contained in a package, mm the quantity by weight, measure or number of such commod‘ny i it The Legal Metro/ogy (Packaged Commodities) Rules, 2011 [Rub 2 t i' l contained in that package; il 1 ”retail dealer" in relation to any commodity in packaged form means a dealer who directly sells such packages to the consumer and *1 includes, in relation to packages as are sold directly to the consunu:
Wa wholesale dealer who makes such direct sale to the consumer;
”retail package” means the packages which are intended for retfl 1 sale to the ultimate consumer for the purpose of consumption of ti!
commodity contained therein and includes the imported packages .1[Provided that for the purposes of ”retail food package", fir definition of the same contained in the rules or regulations mark ‘ under the Food Safety and Standards Act, 2006 (34 of 2006) shall ' apply-l .
”retail sale”, in relation to a commodity, means the sale, distributim or delivery of such commodity through retail sales shops, agencies a ‘ other instrumentalities for consumption by an individual or a group > of individuals or any other consumer;
”retail sale price” means the maximum price at which the commodity in packaged form may be sold to the consumer inclusive of all taxes;]
”section” means a section of the Act;
”Schedule” means a Schedule appended to these rules;
”standard package” means a package containing the specified quantity of a commodity;
”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;
1. Ins. by G.S.R. 385(E), dated 14th May, 2015 (w.e.f. 14-5-2015). Earlier proviso was omitted by G.S.R. 359(E), dated 6th June, 2013 (w.e.f. 6-6-2013). The proviso, before omission by G.S.R.
359(E), dated 6th June, 2013, stood as under:
‘ ”Provided that for the purposes of this clause, the expression ’ultimate consumer’ shall not include industrial or institutional consumers;".
2. Subs. by G.S.R. 629(E), dated 23rd June, 2017 for clause (m) (w.e.f. 1-1-2018). Clause (in), before substitution, stood as under:
”(111) ”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. .........R............ inclusive of all taxes or in the form MRP Rs. .........R............ incl, of all 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 paise and up to 95 paise to the rounded off to fifty paise;”.
5] The Legal Metro/09y (Packaged Commodities) Rules, 2011 513
(r) “wholesale package” means a package containing—
(i) a number of retail packages, where such first mentioned 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
(iii) packages containing ten or more than ten retail packages provided that the retail packages are labeled as required under the rules.
(s) words and expressions used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.
CHAPTER II PROVISIONS APPLICABLE TO PACKAGES INTENDED FOR RETAIL SALE 1[3. Application of Chapter.—The provisions of this chapter shall not pply to—’ ’ ~(a) packages of commodities containing quantity of more than 25 kilogram or 25 litre;
(b) cement, fertilizer and agricultural farm produce sold in bags above 50 kilogram; and
(c) packaged commodities meant for industrial consumers or institutional consumers]