(1) Ordinarily, any test in relation to the net 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 tempered 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.
Contd. from previous page
(i) seize the packages drawn 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) based on the evidence initiate action for violations of the provisions of the 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 legal Metrology Officer shall take appropriate action as specified in this sub-rule in accordance with the provisions of the Act against the manufacturer or, as the case may be, the packer.
(3) The disposal of the seized packages shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).” 532 The Legal Metro/ogy (Packaged Commodities) Rules, 2011 [Rule
(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 wheth the quantity contained in the package corresponds to the quantity declared - such packages or any label affixed thereto and where quantity contained package is less than the declared quantity, whether the deficiency is more t the maximum permissible error in relation to that commodity.
(3) Where the Director, Controller or any Legal Metrology Officer finds « ‘ a test carried out under this rule that the error in deficiency in any packaf kept or stored for sale, distribution or delivery at the premises of the retail - wholesale dealer is more than the maximum permissible error in relation to t i , commodity, he shall seize such package and take appropriate action against retail dealer or the wholesale dealer, as the case may be, in accordance with thQ i provisions of the Act:
Provided that where the package bears the legend ’when packed’, no punitlvl.
action shall be taken against the retail dealer or wholesale dealer if the Director, Controller or any Legal Metrology Officer is satisfied after necessary test thl ' the deficiency in the net quantity contained in package is due to environmen conditions.
(4) Where as a result of any test made under this rule, it is found that the n quantity contained in the package conforms to the declared quantity or when 1 there is a deficiency, such deficiency is not more than the maximum permisslb error, the retail dealer shall be at liberty to sell or deliver or distribute such ;
commodity at the price determined on the basis of the quantity found on we r A t
(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 thd :
,- declarations required to be made under these rules, it shall be lawful for tho Director, Controller or any Legal Metrology Officer to make such enquiries |I _ 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.
2. Establishment of maximum permissible error on package.——(1) Th 1maximum permissible error in relation to the commodities shall be such as II ' indicated in the First Schedule.
(2) While establishing the maximum permissible error in relation to the no quantity of commodities contained in packages, due account shall be taken of” the following causes which may lead to variation in quantity, namely:—
(a) variations caused by unavoidable deviation in weighing, measuring or counting the contents of individual packages that may occur In ;
good packaging practice;
7'
(b) variations caused by the ordinary and customary exposure to.» conditions,» such as, climate, transport, storage or the like thl normally occur in good distribution practice after the commodity [I introduced in trade or commerce; and
(c) variations due to the nature of packaging material or container.
ule 24] The Legal Metro/ogy (Packaged Commodities) Rules. 2011 533
(3) The Director or Controller or the Legal Metrology Officer shall determine, -r cause to be determined, in relation to any commodity, the declaration in espect of the net quantity of which is permitted to be qualified by the words when packed’; the reasonable variations which may take place by reason of the nvironmental conditions.
23. Deceptive packages to be repacked or in default to be seized—(1) f, on the determination of the quantity contained in the sample packages, the Director or Controller or the Legal Metrology Officer finds that the quantity ontained in the package agrees with the declaration of the quantity made on u equire the manufacturer or the packer, as the case may be, to re-pack and relabel such package and in the event of the omission or failure on the part of e manufacturer or the packer, as the case may be, to re—pack or re-label such ueceptive 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 packages until they are produced in 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 uch package.
(2) If the seized packages contain any commodity which is subject to speedy or natural decay, the Director or Controller or the Legal Metrology Officer shall dispose of the commodity in accordance with the rules made'under the Act.
CHAPTER III PROVISIONS APPLICABLE TO WHOLESALE PACKAGES