1[(1)] The Central Government may, after ascertaining the genuineness 2[’W'], permit a manufacturer or packer to pack for sale the packages for a reasonable period by relaxing one or more provision of these rules with such corrective measures as may be specified.
3[(2) The Central Government may, after ascertaining the genuineness of a case stated in the application permit a manufacturer or packer or importer to pack or sell of the packages other than specified in the Second Schedule for a maximum period of one year by relaxing the rules]
34. Repeal and savings—(1) The Standards of Weights and Measures (Packaged Commodities) Rules, 1977 (herein under referred to as the said rules) are hereby repealed:
Provided that such repeal shall not affect:
(a) the previous operations of the said rules or anything done or omitted to be done or suffered therein; or '
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said rules; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said rules; or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
And any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said rules had not been rescinded.
(2) Notwithstanding such repeal anything done or any action taken or purported to have been done or taken including approval of letter, exemption granted, fees collected, any adjudication, enquiry or investigation commenced, licence and registration of manufacturers, dealers, importers of pre-packaged
1. Rule 33 re-numbered as sub—rule (1) thereof, by G.S.R. 427(E), dated 5th June, 2012 (w.e.f.
5—6—2012).
2. The words ”of the compounding of a case or a Court decision stated in the application" omitted by G.S.R. 385(E), dated 14th May, 2015 (w.e.f. 14-5-2015).
3. Ins. by G.S.R. 427(E), dated 5th June 2012 (w.e.f. 5-6-2012).
538 The Legal Metmlogy (Packaged Commodities) Rules, 2011 [Rule 34 commodities, or show cause notice, decision, determination, approval, authorisation issued, given or done under the said rules shall if in force at the commencement of the said rules continue to be in force and have effect as if issued, given or done under the corresponding provisions of these rules.
'
(3) The provisions of these rules shall apply to any application made to the Central Government or as the case may be the State Government under the said rules for licence, registration of manufacturers, importers, dealers of prepackaged commodities pending at the commencement of these rules and to any proceedings consequent thereon and to any registration granted in pursuance thereof.
(4) Any legal proceeding pending in any court under the said rules at the commencement of these rules may be continued in that court as if these rules had not been framed.
(5) Any appeal preferred to the Central Government or as the case may be the State Government under the said rules and pending shall be deemed to have been made under the corresponding provisions of these rules.
THE FIRST SCHEDULE ' [See rule 2(e)]
1. Maximum permissible errors on net quantity declared by weight or volume.—(1) The rn‘ximum permissible error, in excess or in deficiency, in the net quantity by weight or vorume of any commodity shall be as specified in Table I below:— TABLE I Maximum permissible errors on net quantities declared by weight or by volume Sl. Declared quantity Maximum permissible error in No. g or ml excess or in deficiency ' As percentage of g or ml declared quantity
(i) up to 50 9 -
(ii) 50 to 100 —
4.5
(iii) 100 to 200 4.5 —
(iv) 200 to 300 ‘ — 9
(v) 300 to 500 3 —
(vi) 500 to 1000 — 15
(vii) 1000 to 10000 1.5 —
(viii) 10000 to 15000 — \ 150
(ix) More than 15000 1.0 -
(2) The maximum permissible error specified as percentage shall be rounded off to the nearest one-tenth of a g or ml, for a declared quantities less than or equal to 10003 or ml and to the next whole g or ml for declared quantities above 1000 g or ml.
2. The maximum permissible errors on net quantity declared by length, area or number.—(1) The maximum permissible error, in excess or in deficiency, in the net quantity declared in terms of length, area or number of any commodity not specified in the First Schedule shall be as specified in Table H below:— Sch. 2] The Legal Metro/ogy (Packaged Commodities) Rules, 2011 TABLE II The maximum permissible errors on net quantities declared by length, area or 539 u Quantity Declared Maximum permissible error in excess or in deficiency in units of length 2% of declared quantity up to 10 metre and thereafter 1% of declared quantity.
in units of area 4% of declared quantity up to 10 sq. metre and thereafter 1% of declared quantity.
by number 2% of declared quantity.
1[THE SECOND SCHEDULE (See rule 5) COMMODITIES TO BE PACKED IN SPECIFIED QUANTITIES The following commodities shall be packed in such quantities by weight, measure ‘ or number as are specified in the corresponding entries against them.
Tea Sl. No. Commodities Quantities in which to be packed 1 2 3
1. Baby food 25 g, 50 g, 100 g, 200 g, 300 g, 350 g, 400 g, 450 g, 500 g, 600 g, 700g, 800 g, 900 g; 1 kg, 2 kg, 5 kg and 10 kg.
2. Weaning food. Below, 50g no restriction, 50 g, 100 g, 200 g, 300 g, 400 g, 500 g, 600 g, 700 g, 800 g, 900 g, 1 kg, 2 kg, 5 kg and 10 kg, 2[75 g, 125 g, 150 g, 250 g].
*
3. Biscuits 25 g, 50 g, 60 g, 75 g, 100 g, 120 g, 150 g, .
200 , 250 g, 300 g, 2[350 g, 400 g] thereafter in m tiples of 100 g up to 1 kg and thereafter in multiples of 500 g up to 5 kg.
~
4. Bread including 50g and there after in of multiple 50 g. upto brown bread but 500 g, and above 500 g in the multiples of excluding bun. 100g.
5. Un-canned packages of Below 25 g no restriction, 25 g, 50 g, 100 g, butter and margarine 200 g, 500 g, 1, kg, 2 kg, 5 kg, and thereafter in multiples of 5 kg.
6. Cereals and Pulses Below 100 g no restriction, 100 g, 200 g, 500 g, 1 kg, 2 kg, 5 kg and thereafter multiples of 5 kg
7. Coffee Below 25 g no restriction, 25 g, 50 g, 75 g, 100 g, 150 g, 200 g, 250 g, 500 g, 2[750 g], 1 kg, 1.5 kg, 2 kg, and thereafter in multiples of 1 kg.
8. 3[Below 25 g no restriction, 25 g, 50 g, 75 g, 100 g, 125 g, 150 g, 200 g, 250 g, 500 g, 750 g, 1 kg, 1.5kg, 2 kg and thereafter in the multiple of 1 kg]
1. Subs. by 05.11. 427(E), dated 5th June, 2012, for Second Schedule (w.e.f. s—azorz).
2. Ins. by G.S.R. 359(5), dated 6th June, 2013 (w.e.f. 6—6-2013).
3. Subs. by 0.5.x. 35905), dated 6th June, 2013 (w.e.f. £r6-2013).
l l 1 540 The Legal Metrology (Packaged Commodities) Flu/es, 2011 [Sch. 2 ‘ 1 2 3
9. Materials which may be Below 50 g no restriction, 50 g, 75 g, 100 g, - constituted or reconstitu— 1[125 g,] 200 g, 250 g, 400 g, 500 g, 750 g, 1 kg“ - ted as beverages and thereafter in multiples of 1 kg (56 g and 61 g for medical purpose only).
'
10. EdibleOilsVanaspati, 50 g, 100 g, 200 , 250 500 g, 1 kg?
ghee, butter oil 2 kg, 3 g, 5 kg am? thereager in multiples of 5 kg 1[below 50 g no restriction, 175 g, 300 3, 750 g]. If net quantity is declared b volum then 50 ml, 100 ml, 200 ml, 250 , 500 ml, 1 litre, 2 litre, 3 litre, 5 litre and thereafter in 1 multiple of 5 litre and the net quantity mull i be declared by mass also in the same size of 1 letters/numerals 1[below 50 ml no restriction, l 175 ml, 300 ml, 750 ml].
11. Milk Powder Below 50 g no restriction, 50 g, 100 , 200 5, 250g, 500 g, 1 kg and therafter in m tiples o!
500 g.
2[12. Non-soapy detergents Below 50 g no restriction, 50 g, 75 g, 100 5, (powder) 150 g, 200 g, 250 g, 400 g, 500 g, 700 g, 750 800g, 1 kg, 1.5 kg, 2 kg and thereafter, n multiples of 1 kg.]
13. Rice (powdered), flour, 100 g, 200 g, 500 g, 1 kg, 1.25 kg, 1.5 kg, atta, rawa and suji 1.75 kg, 2 kg, 5 kg, and thereafter in multipln of 5 kg.
14. Salt Below 50 g in multiples of 10 g, 50 g, 100 5, 200g, 500 g, 750 g, 1kg, 2 kg, 5 kg and thereafter in multiples of 5 kg.
15. Soaps
(a) Laundry Soap 25 g, 50 g, 75 g, 100 g, 125 g, 150g, and thereafter in multiples of 50 g.
(b) Non-soapy detergent Below 50 g, of no restriction, 50 g, 75 g, 100 cakes/bars 125 g, 150 g, 200 g, 300g, and thereafter n multiples of 100 g.
(c) Toilet Soap including 15 g, 25 g, 50 g, 60 g, 75 g, 100 g, 125 g, all kinds of bath 150 g, thereafter in multiples of 50 g.
soap (cakes)
16. Aerated soft drinks, 65 ml (fruit-based drinks only), 100 ml, 125W non-alcoholic beverages (fruit based drinks only), 150 ml, 160 175 ml, 180 ml, 200 ml, 240 ml, 250 ml, 300 ml, 330 ml 3P"), 350 ml, 400 ml, 475 ml, 500 m 600 ml, 750 ml, 1 litre, 1.2 litre, 1.25 litre
1.5 litre, 1.75 litre, 2 litre, 2.25 litre, 2.5 “In 3 litre, 4 litre and 5 litre
17. Mineral water and 100 ml, 150 ml, 200 ml, 250- ml, 300 ml, drinking water ml, 750 ml, 1 litre, 1.5 litre, 2 litre, 3 1i 4 litre and 5 litre and in multiples of 5 litre.
. Ins. by G.S.R. 359(5), dated 6th June, 2013 (w.e.f. 6-6-2013).
2. Subs. by G.S.R. 385(E), dated 14th May, 2015, for Serial No. 12 and entries relating the (w.e.f. 14-5-2015). Earlier it was amended by G.S.R. 359(E), dated 6th June, 2013 (W'Q'.
6-6-2013).
. The brackets and words ”(in can only)” omitted by G.S.R. 359(E), dated 6th June, 2013 (w...
6—6—2013).
k.
Sch. 4] The Legal Metro/09y (Packaged Commodities) Rules, 2011 541 1 2 3
18. Cement in bags 1 kg, 2 kg, 5 kg, 10 kg, 20 kg, 25 kg, 40 kg (for White cement only) and 50 kg.
19. Paint, varnish etc.
(a) Paint (other than paste paint of solid 50 ml, 100 ml, 200 ml, 500 ml, 1 litre, 2 liter, paint), varnish, varnish 3 litre, 4 litre, 5 litre‘and thereafter in stains, enamels multiples of 5 litre,.
(b) Paste paint and 500 g, 1 kg, 1.5 kg, 2 kg, 3 kg, 5 kg, 7 kg and solid paint thereafter multiple of 5 kg.
(c) Base paint 100 ml, 250 ml, 400 ml, 450 ml, 500 ml, 900 ml, 925 ml, 950 ml, 975 ml, 1 litre, 1.5 litre, 2.0 litre,
2.5 litre, 3.5 litre, 3.6 litre, 3.7 litre, 3.8 litre, 3.9 litre and 4 litre and no restriction above 4 litre.]
THE THIRD SCHEDULE [See rule 11(4)] Declaration of quantity in relation to commodities (sold by weight or volume) which may be qualified by the words ”When packed” ' E 81. No. Name of commodity '
1. All kinds of Soaps
2. Lotions
3. Cream (other than cream of milk) 1[4. Comphor] THE FOURTH SCHEDULE [See rule 12(2)] EXCEPTIONS REFERRED TO IN RULE 12(2)
1. The following commodities in packaged form may be sold by weight, measure or number as shown against the commodity:— TABLE Sl. Commodity Whether declaration to be No.
expressed in terms of weight, 3 measures or number or 1 two or more of them 1 2 3 3 1. Aerosol Products . Weight
2. Acids in liquid form Weight or volume
3. Compressed or liquefied Weight and equivalent gas (but not liquefied volume at stated petroleum gas) temperature and pressure
4. Curd weight
5. Electric Cables Length or weight l l E I
6. Electric wire Length or weight
1. Ins. by G.S.R. 385(E), dated 14th May, 2015 (w.e.f. 14—5-2015).
I 542 The Legal Metro/ogy (Packaged Commodities) Rules, 2011 [Sch. 4 1 2 3 7 Fencing wire I Number or weight
8. Fruits, all kinds ‘ Number or weight
9. Furnace oil Weight or volume
10. Non—edible vegetable oil Weight or volume
11. Edible Oil, Vanaspati Weight or volume ghee and butter oil
12. Heavy residual fuel oil' Weight
13. Industrial diesel fuel Volume
14. Honey malt-extract, Weight golden syrup treacle
15. Ice cream and other ‘ 1[Weight or volume] similar frozen products
16. Liquid chemicals . Weight or volume
17. Liquefied petroleum gas Weight
18. Nails, wood screws Number or weight
19. Paints other than paste Volume paint or solid paint) Varnish varnish stains, enamels
20. Paste paint, solid paint Weight
21. Rasgulla, Gulabjamun Weight and other sweet preparations
2. Ready-made garments Number
23. Sauces, all kinds I Weight
24. Tyres and tubes Number
25. Yarn Weight or length of yarn
26. Cosmetics including creams, Weight or measure sampoo, lotions and perfumes THE FIFTH SCHEDULE (See rule 19) MANNER OF SELECTION OF SAMPLE PACKAGES
1. For determination of the net quantity for any commodity contained in a package, the sample size shall be such as is specified in the corresponding entry column 2 of the Table below against the lot size specified in Column 1 of the said Table.
Lot Size Sample size
(1) (2) Less than 4000 32 More than 4000 80
2. The sample shall be selected at random in accordance with the manner specified in paragraphs 3 and 4.
1. Subs. by G.S.R. 427(E), dated 5th June, 2012, for ”weight” (w.e.f. 5—6—2012). Earlier it was substituted by G.S.R. 784(E), dated 24th October, 2011, read with corrigendum G.S.R. 832(E), dated 23rd November, 2011, for "volume” (w.e.f. 1-7-2012).
Sch. 6] The Legal Metrology (Packaged Commodities) Rules, 2011 543
3. Where, for the determination of the net quantity of any commodity contained in a package it is necessary to take samples of packages stored by the manufacture or packer in a ware house, godown or at any other place, the sample shall be selected at random, from ever lot of packages and shall be picked out from the top, bottom, center, right, left, front and rear of the stocks so that the samples may adequately represent the packages in the lot.
4. Where, for the determination of the net quantity of any commodity contained in a package it is necessary to take samples form the place where the package is being filled such samples shall be selected from among the package which have already been filled, or in the alternatively, the requisite number of empty containers may be taken over and each of them shall be adequately marked for proper identification and the tare weight of each container shall be accurately noted and thereafter the marked containers shall be introduced at random in the packing process so that, after the packages are filled in may be possible to determine the net quantity.
Explanation—In this schedule ’Sample size' means the umber of packages to be selected as sample.
THE SIXTH SCHEDULE (See rule 19) DETERMINATION OF THE NET QUANTITY OF COMMODITIES CONTAINED IN PACKAGES
PART I EQUIPMENT
1. Equipments required.—(1) The Director, Controller or any Legal Metrology Officer authorized by or under the Act, to determine the net quantity; of commodity contained in any package, shall be provided by the concerned Government with adequate equipments and facilities to carry out his work to the required degree of accuracy in an Expedient and efficient manner.
(2) The equipments, referred to in sub-paragraph (1), shall ordinarily consist of working standard weights and balances, or any other weight or measure declared by the Director to be suitable for determining the net quantity contained in the concerned package.
(3) The Director, Controller or any Legal Metrology Officer shall, before determining the net quantity contained in any package, ensure that the working standards and other equipments are functioning properly.
2. Working standards to be ordinarily used.—-(1) Ordinarily, working standards and other weights and measures, duly verified shall be used for determining the net quantities contained in packages and the errors, if any, in relation to the net quantity declared on the package:
Provided that, where it is necessary to use the weights and measures, owned or ‘ controlled by the manufacturer, packer or wholesale dealer as the case may be such weights and measures, shall be used unless the maximum permissible error of such weights and measures is twenty per cent. or less of the maximum error permitted in relation to the net quantity of the commodity contained in the packages.
(2) It shall be the duty of every manufacturer, packer or wholesale dealer to render such assistance the Director, Controller or any Legal Metrology Officer as the Director or other authorized person may require in order carrying out his duties expeditiously and efficiently.
544 The Legal Metro/09y (Packaged Commodities) Rules, 2011 [Sch. 6
(3) Where any weight, measure or other equipment, owned or controlled by the manufacturer, packer or wholesale dealer is used by the Director, Controller or any Legal Metrology Officer for the determination or the net quantity contained in any package, such weight, measure or other equipment shall not be released by the Director or other authorized person until his work is completed.
PART II INSTRUCTIONS WITH REGARD TO THE DETERMINATION OF QUANTITY AND ERROR AT MANUFACTURER’S OR PACKER’S PREMISES
3. (1) If empty tare packages are available, one such package shall be taken and tare package weight determined. If the tare package weight is equal to or less than threetenths of the maximum permissible error for the concerned conunodity of that quantity, it shall be assumed that the tare package weight so determined is valid for all the other packages in the sample, and the sample packages shall then be weighed for gross weight, and thereafter the net weight of commodity contained in each package shall be obtained by subtracting the tare package weight from the gross package weight. If the tare package weight so determined is more than three tenths of the maximum permissible error in relation to the commodity for that quantity, weight of four emptier tare packages shall be determined. If the difference between the maximum tare package weight and the minimum tare package weight of the five samples is equal to or less than four tenths of the maximum permissible error allowed for that commodity for that quantity, the tare weight of the package shall be taken as equal to the average of the five tare package weights. The gross weight of the package in the sample shall then be determined and the average tare package weight shall be subtracted from the gross package weight to obtain the net contents of the commodity in each package, in the sample. However, when the difference in the five individual tare weights of the packages exceeds the limit of four tenths of the maximum permissible error specified above, the procedure specified in subparagraph (4) or sub-paragraph (5), as the case may be, shall be adopted for determining the net quantity of individual packages.
(2) In the absence of empty tare packages, one package from the sample shall be opened and the net weight of the commodity and the tare weight of the package determined. It the tare weight of the package is equal to or less than three-tenth of the maximum permissible error for that concerned commodity of that quantity, it shall be assumed that the tare weight of one package so determined is valid for all the other packages in the sample, and the remaining packages shall then be weighed for gross weight, and thereafter the net weight of commodity contained in each package shall be obtained by subtracting the tare weight from the gross weight.
(3) If the tare weight of the package specified in sub—paragraph (2) is more than three-tenths of the maximum permissible error in relation to that commodity, four more .packages in the samples shall be opened and the net weight of the commodity in each package as well as the tare weight of each package shall be determined. It the difference between the maximum tare weight and the minimum tare weight of five samples is equal to or less than four-tenths of the maximum permissible error for that commodity of that quantity, the tare weight of the package shall be taken as equal to the arithmetic mean of the five tare weights. The gross weight of the packages in the sample shall then be determined to the requisit