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REGISTERED No. D-(D)-72

The Gazette of India

EXTRAORDINARY

PART II—Section 3—Sub-section (i)

PUBLISHED BY AUTHORITY

No. 307] NEW DELHI, MONDAY, SEPTEMBER 26, 1977/ASVINA 4, 1899

Separate paging is given to this Part in order that it may be filed

as a separate compilation

MINISTRY OF CIVIL SUPPLIES AND COOPERATION

NOTIFICATIONS

New Delhi, the 26th September 1977

G.S.R 620(E).—In exercise of the powers conferred by sub-section '(3) of section 1 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby appoints the 26th day of September, 1977, as the day on which the following provisions of the said. Act shall come into force, namely —

(1) sections 1, 2 and 3;

(11) sections 28 and 29; (iii) clause (b) of section 31, (iv) section 39; (v) sub-section (2) of section 48;

(vi) section 54; (vii) section 63; (viii) section 67;

(ix) spction 69, 70, 71, 72, 73 and 74;

(x) section 78, and

(xi) section 83.

[No F WM-9(36)/77]

( 1 8 8 3)

GSR. G2KE).—In pursuance of the provisions of sub-rule (4) of rule 1 of the Standards of Weights and Measures (Packaged Commodities Rules, 1977, the Central Government hejreby appoints.—

(a) the 26th day of September, 1977, as the day on which all the provisions of the said rules, except those specified in clause (b), snail come into force;

(b) the 1st day of January, 1978, as the day on which the following pro- visions of the said rules shall come into force, namely

(i) rule 5,

(n) clauses (e) and (g) of sub-rule (1) of rule 6;

(m) rule 7;

(iv) sub rules (:;), (4), (5) and (B) of rule 12;

(v) rules 13, 14, 18, 20, 21, 28, 29, 30, 31, 32; 33; and

(vi) so much of the provisions of rule 34 as relate to components, parts or material used in any workshop, service station or any other place where servicing and repairing of a bicycle or tricycle is un- dertaken.

1

[No F. WM-9(36)/77]

1885

G.S.R. 822(E).—In exercise ol the powers conferred by section 83 of the Stan- dards ol Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules, namely —•

1. Short title, extent, application and commencement.—(l) These rules niay toe called the Standards of Weights and Measures (Packaged Commodities) Rules, 1977

(2) They shall extend to the whole ol India.

(3) They shall apply to commodities in the packaged form which are, or are intended or likely to be,—

(i) sold, distributed or delivered or offered or displayed for sale, distribu- tion or delivery, or

(n) stored for sale, or for distribution or delivery, in the course of inter- State Irade and commerce.

(4) They shall come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for—

(i) dill'erent provisions of these rules, and (n) different commodities or classes of commodities,

"nd any reference In any provision to the commencement of these rules shall be •construed as a reference to the coming into force of that provision or to the com- ing into force of these rules m relation to any commodity or classes of commodi- ties, as the case may be'

Provided that thev shall come into force in the State of Sjkkim on the date on which Chapter IV of part IV of the Act comes into force in that state.

2. Definitions.—In these rules, unless the context otherwise requires.—

1886 T HE GAZETTE OF INDIA EXTRAORDINARY PART II—SEC 3 (i)

(b) "batch" means,—

(i) in the case of packages which have been stored, where the total number of such packages does not exceed 100, all sych packages and w'lere the total number exceeds 100 but does not exceed 10,000 all the packages of the same type and uf the same production run, (II) in the case of packages which are on or at the end of the packing.

line, the maximum hourly output of packages,

(c) "combination package¹ means a package mtcnded for retail sale, contain- ing two oi moie individual packages, or individual pieces, of dissimilar commodities,

Illustration A package containing dissimilar commodities such as, spoons, knives, forks, cups, napkins, or the like, is a combination package, (d) "dealer", in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, carries on directly or otherwise, the business of buying, selling, supplying or dis- tributing any such commodity, whether for cash or for deferred payment or for commission, remuneration or othei valuable consideiation, and includes a commission agent who carries on such business on behalf of any principal, but does not include a manufacturer who manufactures any commodity which is sold or distributed in a packaged form except where such commodity is sold by such manufacturer to any other person other than a dealer,

(fe) "drained weight" in relation to a solid commodity contained in a free flowmn liquid, meanb the weight of such solid commodity after the liquid has been dialned for a period of two minutes,

(f) "fancy package" means a package, the container of which has a fancy trade value of its own in addition to the value oi the commodity contained in such package,

(g) "group package" means a package intended for retail sale, containing two or more individual packages, or individual pieces, of similar, but not identical (w^ethei in quantity or size), commodities,

Explanation- Commodities⁵ which are generally the same bui- diller in weight, measure or volume, appearance or quality are similar, but not identical commodities

0) A p^ctiK" !-m l in nK—• '

Two ip->np;es —• ioo mm x 75 mm •*• 20 mm Oncpong^ — 100 mm x 100 mm \ r mm l'ouripouR-s — 100 mm v <;n mm \ 15 mm

is a group package;

(li) A package containing assorted biscuits is d group package, (III) A package containing similar commodities of different brands is a

group package

(h) "manufacturei",, in relation to any commodity In packaged form, means a person who or a flim or a Hindu undivided family which, produces, makes or manufactures such commodity and includes a per son, firm or Hindu undivided family who or which puts, or causes to be put, any mark on an\ packaged commodit\, not produced made nr manufactuied by him or it and the mark claims the commodity in the package to be a commodity produced, made or manufactured, by such person, firm or Hindu undivided family as the case may be, (1) "maximum permissible eiror", in relation to the quantity contained in an individual package, moans an erioi in deflclenc-v or excess which, subiect to the provision^ of these rules does not exceed—

(i) In T elation to the commodities specified m the First Schedule, the

limits of error cpecirlert in that Schedule,

(ii) in relation to commodities not sneclfled In the First Schedule, the

limits of error specified In the Second Schedule

(]) "multi piece package" means a package containing two or more In- dividually packaged or lal elled pieces of the same commodities ot

1887

identical quantity, intended lor retail sale, either in individual pieces or the package as a whole,

Illustration A package containing "5 toilet soap cake, net weight 20 g each, total net weight lOOg" is a multi-piece package,

(k) "packer" means a person who, or a firm or a Hindu undivided family, which, pro-packs any commodity, whether in any bottle, tin, wrapper or othenvise, m units suitable for sale, whether wholesale or retail;

(1) "pre-packed commodity" with its Grammatical variations and cognate expressions, means a commodity which, without the purchaser being present, i3 placed in a package of whatever nature, so that the quantity of the product contained therein has a predetermined value and such value cuiviot be altered without the package or its hd or cap, as the case may be, hciny opened or undergoing a perceptible modification, and the expression "package", wherever it occurs, shall be construed as a package containing a pre-packed commodity,

Explanation , Where, by reason merely of the opening of j package, no alteration is caused to the name quantity, nature or characteristic of the commodity contained therein, such commodity shall be deem- ed, lor the purposes of these rules, to be a pre-packed commodity, for example, an electric bulb or fluorescent tuhe is a pre-packed commodity, even though the package containing it is required to be opened for testing the commodity.

(m) "principal display panel", in lelation to a package, means that part of a label which is intended, or is likely to be displayed, presented or shown or examined by the customer under normal and customary conditions of display, sale or purchase of the commodity contained in the package,

(n) "quantity", in relation to commodity contained jn a package: means the quantity by weight, measure or number of such commodity con- tained in that package;

(o) "retail dealer" in relation to any commodity in packaged form means a dealer who directly sells such packages to the consumer and includes, in relation to such packages as are sold directly to the consumer, a whole- sale dealer who makes such direct sale,

(p) "retail package" means a package containing any commodity which is produced, distributed, displayed, delivered or stored for sale through retail sales agencies or other instrumentalities for consumption by an individual or a group of individuals,

fr) "retail sale price" means the maximum price at which the commodity in packaged form may be sold to the ultimate consumer, inclusive of all taxes, transport charges and other dues;

(s) "sale price", in relation to any commodity in packaged form means any one of the following prices namely;

(n) price inclusive of freight but exclusive of central sales tax and local taxes, and where such price is mentioned on the package, there shall be printed on the package the words 'Max price , taxes extra';

(in) price inclusive of freight and central sales tax but exclusive si local taxes, and where such price is mentioned on the package, there shall be printed on the package the words 'M*"y price local taxes extra';

(iv) retail sale price, and where such price is mentioned on the package, there shall be printed on the package the words "Max retail price

Explanation. Each of the prices specified in this clause shall be inclusive of all other taxes other than those specified in sub-clauses (1), (11) and (ill) and shall also he inclusive of commissions payable to whole- sale dealer and retail dealer and all other charges including adver- tisement, delivery, packing, forwarding and the like,

(t) "section" means a section of the Act,

(u) "standard package" means a package containing the specified quantity of a commodity,

(v) "unit sale prii_p" means the sale price per specified unit of weight, measure or number;

(w) "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,

Explanation, Nothing m this clause shall be construed as preventing a wholesale dealer from functioning as a retail dealer in relation to any commodity, but where he functions in relation to any commodity as-a relail dealer, he shall comply with all the pro~ visions of these rules which a retail dealer is required by these- rules to comply

(x) "wholesale package¹' means a package containing—

(1) 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,

(il) a commodity sold to an intermediary in bulk to enable such inter- mediary to sell, distribute or deliver such commodity to the consu- mer in smaller quantities

CHAPTER II

PROVISIONS APPLICABLE TO PACKAGES INTENDED FOR RETAIL SALE

3, Chapter to apply to packages intended for retail sale—The provisions of this Chapter shall apply to packages intended for retail sale and the expression "package', whenever it occurs in this Chapter, shall be construed accordingly

4 Regulation for pre-packlnie and sale etc. of commodities In packaged Form.— On and from the commencement of these rules, no person shall pre-pack, or cause or permit to be pre packed any commodity for sale, distribution or delivery unless the package m which the commodity is pre-packed bears thereon, or on a label securely affixed thereto, such declarations as are required to be made under these rules

5. Specific commodities to lie packed and aold only In standard packages On and from the commencement of these rules, no person shall pre-pack, or cause or permit to be pre-packed, any commodity for sale, distribution, or delivery ex- cept in such standard quantities as are specified in. relation to that commodity in the Third Schedule

Provided that the Central Government may, if it Is satisfied that for any technical or mechanical reason it is not possible to pre-pack any com- modity in the standutd quantities specified in the Third Schedule, authorise the pre-packing of such commodities in such quantities as It, may specify

8. Declarations to be made on every package.—(1) Every package shall bear thereon or on a label securely affixed thereto a definite rlain and conspicuous declaration, made in accordance with the provisions of this Chapter as, to—•

(a) the name and address of the manufacturer, or where the manufacturer is not the packer, of the packer or with the written consent of the manu- facturer, of the manufacturer,

1889

(b) the common or generic names of the commodity contained In the package,

Explanatum Generic name in relation to a commodity monns the name of the genus of the commodity, for example, in the case of com- mon salt, sodium chloride is the generic name

(c) the net quantity, in teims of the standard unit of weight or measure, of the commodity contained in the package or where the commodity i^ packed or sold b,\ tiumbei, the number of the commodity contained In the package,

(d) the month and year ID which the commodity is manufactured or pre- packed,

(e) the unit sale price of the commodity contained in the package if the retail sale price is mentioned by the manufacturer or the packer on the package,

(f) the sale price of the package,

(g) where the sizes of the commodity contained In the package are relevant, the dimensions of the commodity contained in the package and if the dimensions of the different pieces are different, the dimensions of each such different piece,

(h) such other matters as are specified in these rules:

Provided that—

(A) no declaration as to the month and \ear in which the commodity is manufactured or pre-packed shall be required to be made on—

(1) dm- bottle containing liquid milk, liquid heverages containing milk as an ingredient, soft drink, ready-to-serve fruit beverages, or the like, which 1M returnable b\ the consumer for being refilled,

(n) anv package containing bread and any uncanned package of (a) vegetables, (b) fruits, (c) ice cream, (dj butter, (e) cheese, (f) fish, (g) meat or (h) any other like commodity,

(ill) any package containing metallic product,

dv) any cylinder containing liquified petro±eum gai or any othei gas,

(v) anv package containing chemical fertiliser,

(B) wher? any packaging inalenal bearing thereon the month m which any commodity was expected to have been pre-packed is not exhausted during that month such packaging material may be used lor pre- p a r i ng the concerned commodity produced ot manufactured during the next succeeding month and not thereafter, but the Central Govern- ment mny, if it is satisfied that such packaging material could not be ex- hiiust'-d during the period aforesaid by reason of anv circumstance beyond the control of the manufacturer or packer, as the rase may be extend the time durinp vhn 'i such packaging material ma\ be used, and where any such packaging material is' c^haused before the expiry of the month indicated thereon, the packaging material intended to be used during the next succeeding month may he used for pre-packing the concerned commodity,

(C) no declaration a=- tn the sile price shall be required to be made on—

(i) any uncanned package of (a) vegetables (10 iruits iu) ice cream i 1) cheese, (c) butter (f i fish, (g) meat or (h) any other like com- modity

(ii) any bottle cont^I img liquid milk liquid beverages conialning milk as an ingredient, soft drink, ready-to-serve fruit beverages, or tho like which is returnable by the consumer for heing refilled;

(iii) anv bottle containing alcoholic beverages oi spirituous liquor,

(lv) anv package containing animal feed edibU n 1 ghee or vanaspatl ex- ceeding 15 kg or 15.1 j

(v) any package containing a commodity for which controlled price has been fixed by or under any law for the time being in force

Explanation I The month and the year in which the commodity is pre- packed may be expressed either in words, or by numerals indicating the month and the year, or by both

Explanation—II Liquid milk does not include condensed milk

(2) Every dealer or other peison who makes a retail sale of any com modity in packaged form shall except where the retail sale price is already indicated on such package indicate the retail sale price on each package but where it is not reasonably practicable to indicate the retail sale price on each package he shall display prominently and at a conspicuous place of the premises m whi.cn he carries on his retail sale, the rets 1 sale price of the commodity contained in such package

(3) Where the retail sale price h?s not been mentioned by the manufac turer or the packer on the package the retail dealer shall display pro- minently and at a conspicuojs place of the premises m which ne carries on his retail sale the rates at which local taxes are leviable in respect of commodit es sold m packaged form

7 Principal display panel—its area, size and letter etc—(1) The area of the principal display panel shall be not less than—

(a) in the case of a rectangular container, forty per cent of the product of height and width of the panel of such container having the largest area, (b) m the case of a cylindrical or nearlv cylindrical round or nearly round, oval or nearly oval container, twenty per cent of the product of the height and average circumstance of such container

(c~> in the case of a container of any oiher shape twenty per cent of the total surface area of the container unless there is a label, securely affixed to the container, and such label has a surface area of not less than ten per cent of the total surface area of the container,

(2) In computing the area of the pnncipai display panel, the tops bottoms, flanges at tops and bottoms of cans and shoulders and necks of bottles or jars, shall be excluded

(3) In the case of a package having a capacity of five cubic centimetres or less, the principal display panel may be a card or tape affixed firmly to the package or container and bearing the reauired information

(4) The height of anv letter or number n the declarations on the principal display panel shall not be less than that shown in Table I with respect to the principal display pannel'

Provided that no letter or number shall be less than one third of its height

TABLE T

Minimum Height

of Letter and Number

M n mum M n mum h-ightof height of letter or label infor- raimber mat on

SI Area of p- rcipal dl pla^ panel No.

blown forme 1 moulded emh'¹ sed

Or p"rr" n^ed on

mm

mm

cm

1 0

2 0 i.

T <

2. 3. 4- 5. 6.

2 0 3 0 5 0 10 0

3 0 4 0 6 0 10 3 15 0 Not greater than 25 25 but" no greater than 51 50 but not greater t'->an 100 100 but not e^t a^er han 500 soo b it not g; reader than 2"oo ?

i89i

8. Declaration where to appear.—(1) Subject to the provisions of sub-rule (2), every declaration required to be made under tnese rules, shall, where practicable, appear on the principal display panel and shall be ordinarily parallel to the base on which, the package is intended oy its manuiacturer to rest

(2) As far as practicable, all information which are lequired by these rules to appear on the package or label, as the case may oe, snail appear on the same panel and, shall be indicated together:

Privided that-— (i) m the case of a container which ±s returnable by the consumer for being refilled, the reqimect declarations maj- be made on the crown cork, (n) in the case of a container made of any metal, glass, plastic or foil, the month and the yeai, in which the commoditj contained in such container was manufactuiea or pre packed, may be indicated eithei on the top or on the bottom of such container,

(ni> m the case of a collapsible lube, the mo^th and the jear, m which the commodity contained in such tube was manuiacturect or pre-packed, may be indicated on the crimped end of the tube,

(IV) in the case oi a disc type container, the month and the year, in which the commodity contained in such container was manufactured or pre packed, may be indicated either on the top or oottom of such con- tainer

(3) In a cylindrical or nearly cylindrical, round or -learlv round, oval or nearly oval shaped container, information required to appear on the principal display panel shall, as far as practicable, appear on that portion of the circum- ference of the container which is most likely to be displayed, presented or shown to the consumer or examined by him under usual conditions of display for retail sale, retail sale.

(4) Except in the case of fancy packages, the base on which the package is intended by its manufacturer to rest shall not be used as the principal display panel.

(5) In fancy packages, the declarations required to be made under these rules may be made at the top or bottom of the package

9. Manner in which declarations shall be made — (1) Every declaration which is required to be made on a package under these rules shall be—

(a) legible, prominent, definite, plain and unambiguous, (b) conspicuous as to size, number and colour, (c) as far as practicable in such style or type of lettering as to be boldly, clearly and conspicuously presented in distinct contrast to the other type, lettering or graphic material used on the package,

and shall be printed, painted or inscribed on the package in a colour that contrasts conspicuously with the background of the label.

Provided that,— (a) where any label information is blown, formed or moulded on a glass or plastic surface or where such information is embossed or perforated on a package, such information shall not be required to be presented in a contrasting colour;

(b) where any declaration on a package is printed either in the form of hand-writing or hand-script, such declaration shall be clear, unambi- guous and legible.

(2) No declaration shall be made so as to require it to be read through any liquid commodity contained in the package.

(3) where a package is provided with an outside conta'ner or wrapper, such container or wrapper shall also contain all the declarations which are reamred to appear on the package except where such container or wrapper itself is transparent and the declaration the package itself is easily readable through such outside container or wrapper.

10 Declaration of name and address of the manufacturer, etc.—(1) Subject to the provisions of rule 7, every package kept, offered or exposed for sale or

ihl i f ,t c o r l^l c u9 ,u s ly on the package, the name and complete address of ™?h^h I ' OT w

t

h e re 'manufacturer ls not the packer, of the packer, or with the written consent of the manufacturer, of the manufacturer

Provided that where by reason of the smallncss of a package it is not reasonably practicable to indicate the name and complete address of the manufacturer or packer on package, it shall be sufficient compliance with this paragraph if a mark or inscription which would enable the consumer to identify the manufacturer or packer on the package'

Provided further that where any commodity manufactured outside India is packed in India, the package shall also contain on the principal display panel the name and complete address of the packer in India.

Explanation . "Complete address" means, m the case of a company, the address at which its registered office is situated, and, 121 any other case, the name of the street, number (if any) assigned to the premises of the manufacturer or packer, and either the name of the city and State where the business is carried on by the manufacturer 01 packer or the PIN Code.

(2) The name of the manufacturer or packer shall be the actual corporate name, or it not incorporated, the name under which the business is conducted by such manufacturer or packer

11 General provisions relating to declaration of quantity.— ill In declaring the net quantity of the commodity contained in a package, the weight of wtappers and materials other than the commodity shall be excluded;

Provided thai where p package contains a large number of small items of confectionary, each of which is separately wrapped and it is not reason- ably practicable to exclude from the ret weight ol the commodity, the weight of t.uch immediate wrappers of all the items of the LOnfectionary contained in the package, the net weight declared on the package con- taining such confectionary or on the label thereof mav include the weight of such Immediate wrappers, if and only if, thp total weight of such imme- diate wrappers does not exceed—•

u) eight percent, where such immediate wrar^er is a waxed pjper ui any, other paper with wax or aluminium foil under strip, and

(11) six per cent in teh case of anv other paper, of the total net weight of all the items of confectionary contained In the package minus the weight of immediate wrapper,

(2) Where .1 commodity in a package is not likely to undergo anv variation in weight or measure, on account of the environmental conditions, the quantity declared on the package shall correspond to the net quantity which will be received by the consumer, and the declaration of quantity on such package shall not be qualified by the words "when packed" or the lifce

(3) Save as otherwise provided in sub-rule (4), where a commodity in a package is likely to undergo variations in weight or measure on account of environmental conditions and such variation Is negligible, the declaration of quantity Jn relation to ^uch package bhall be made after taking into account such variation so that the consumer may receive not less than the net quantity of the commodity as declared on the package, and the declaration of quantity on such package shall not also be qualified by the words "when packed' or the Uk".

(4) The declaration of quantity in relation to commodities specified In the Fourth Schedule that is tu say, commodities which are likely to undergo significant varia- tions in weight or measure on account of environmental of other conditions may be qualified by the words "when pocked" and when such qualification is made, the pwkage containing such commodity shall also bear thereon information with re- gard to the matters specified in the said Fourth Schedule.

12 Manner In which declaration of quantity shall be expressed.--(1) The declara- tion of quantity shall be expressed In terms of such unit of weight, measure or number of a combination of weight, measure or number as -vould give as accurate and adequate information to the consumer with regard to the quantity of the commodity contained In the package

(2) Except in the cases of commodities specified in the Fifth Schedule, the decla- ration of quantity shall be in terms of the unit of—

Ca) mass. If the commodity is solid, semi-solid, viscous or a mixture of solid

and liquid,

189?

(b) length il the commodity Is sold by linear measure,

(c) area, if the commodity It, sold by area measure,

I'd) volume, if the commodity is Jlquld or is sold by cubic measure, or

(e) number, if the commodity is sold b> number

Provided that in the case of. solid, commodity contained in a free flowing liquid which is told as such the declaration of quantity shall be m terms cf the drained weight of t,uch solid commodity,

(3) Wheie the declaration of quantity has been made in terms of mass, the manufacturer or, as the ca;=e may be, the packer may, at his option, make an addi- tional declaiation on 1he package as to the number of commodities contained ill the package

llluUrutwn

A package containing rassogollas may indicate not only the drained weight of the rassogollas but also the number of rassogollas contained in the package

(4) Where the declaration of quantity by weight, measure 01 number alone is not sufficient to give to the consumer full information with regard to the dimensions or number of commodity contained in the package such declaration shall be accom- panied by a declaration of the dimensions or number, or both, where necessary, of the commodity contained in the packag*.

Name of the commodny

\ (a) A c id in I q u id f o rm . . ..

(b'i F e n c i ng w i re

(d N a i l s, w o od s c r e ws ,

(cD R e a d v - m n de g a r m e n t¹! . . ..

(0 s h ut a mi s i n v Ur g a ' m t - i i ts

Addil onal inforiTiatirn required

Concentration in mass pei unit \nlume. Weight per ioo metre or diametei whichever

i^> applicable

Size (length, diameter and type of thread) Linear measure'

Nrck s zc, in steps of oiii ccntjme'le Chest s ze, in steps of five ccntimerrer Che=t 'i^e, m sreps nf fiv^ cent metrej..

fii; Bubhirls and similar Biumvnts (in) Underwcai intended in cover uppa part of the hody or any part of the upper part of the hndy

Wai t 'ii7c, in lteps of two cem metre", and lengthy in sreps of five centimetres (nO Underv (\u intLiiJcd to covci lower part of ihL hi dy or any part oi the lovvei part of the bndy.

and irnilar garment, ladies

ot gents

(5) Where it is necessary to communicate to the consumer any additional In- formation about the commodity contained in a package, such Information shall also appear on the same panel in which the other Information, as required by these rules, have been indicated.

Illustrations •

Additional information like the following is necessary to be communicated to the consumer, namely

(a) in the case of a concentrate, the dilution ratio of that concentrate;

(b) in the case of a dehydrated commodity, the reconstitution ratio of that commodity,

(c) in the case of a package containing, say, Gulab-Jamim mix the number of guVibjarnuns that may be obtained from the mix and the weight of each gulabjamun,

(d) in the case of still films, the number of exposures which rray be made and the length and width of individual exposures, to be expressed in milli- metres, for example, 3l3 exposures, :jO mm x 24 mm,

(e) in the case of movie films and bulk ^till films, the linear measure of the usable film, to be expressed in metres,

(f) m the case of electrical or electronic appliances, the voltage and wattage, and also the output, of such electrical or electronic appliances;

(g) in the case of an electric bulb or other appliance intended to be used for illumination in addition to the information specified in clause (f), the illuminating power of such bulb or other appliance

(fi) The declaration of quantity fahall not contain any word or expression which tends to create an exaggerated, misleading or in adequate impression as to the quantity ofvthe commodity contained in the package, for example, words or expres- sions like—'

(i) "minimum", "not less than", "average", "about", "approximately" or any- other word of a similar nature, or

(ii) "Jumbo", "giant", "full", "family huge", 'economy*, "large", "extra", "colossal", "king", "queen" or any other word or expression of a similar nature, shall not be used

(7) Where, bv reason of the smallness of a package, the declaration of quantity cannot be written on the container or on the label thereon, such declaration shall be made on a tag. card, tape, or any other similar device affixed to the container in such manner that it cannot be removed without opening the container and every such tag, card, tape or other device shall contain a mark or inscription which would enable the consumer to Identify the manufacturer or packer, as the case may be.

13. Statement of Units of Weight, Measure or Number.—(l) The units of weight, measure or number shall be specified in accordance with the units specified in sub- rule (2) or sub-rule (3), as the case may be

(2) When expressing a quantity less than—

fa) one kilogram, the unit of weight shall be the gram,

(b) one metre, the unit of length shall be the centimetre,

(c) one square metre, the unit of area shall be the square decimetre,

(d) one cubic metre, the unit of volume shall be one cubic decimetre,

(e) one cubic decimetre, the unit of volume shall be~the cubic centimetre,

(f) one litre, the unit of volume shall be the millilitre.

(3) When expressing a quantity of equal to or more than—

(a) d) one kilogram, but less than one tonne the unit of weight shall bo the kilogram and any fraction of a kilogram shall be expressed in terms of decimal sub-multiples of kilogram;

(ii) one tonne, the unit of weight shall be the tonne, and any fraction of a tonne shall be expressed jn terms of decimal sub-multiples of the tonne;

(b) one tonne 1he unit of weight shall be the tonne, and any fraction of a metre shall be expressed m terms of decimal sub-multiples of the metre;

(c) one square metre, the unit of the area shall be the square metre and any fraction of a s'juare metre shall be expressed in terms of decimal sub-multiple of the square metre.

1895

(d) the cubic metre, the unit of volume shall be the cubic metre and any frac- tion of a cubic metre shall bo expressed In terms of decimal sub-multiple of the cubic metre,

(e) (i) one litre, but less than one kilolitre, the unit of volume shall be the litre and any fraction of a litre shall be expressed in terms of deci- mal sub-multiple of the litie,

(n) one kilolitre, the unit of volume shall be the kilolitre and any fraction of a kilolitre shall be expressed in terms ol decimal sub-multiple of the kilolitre:

Provided that where the quantity to be expressed is equal to one kilogram, 1 metre, one ^ juan. metre, one cubic decimetre, 1 cubic metre or one litre, as the case may be, such quantity may be expressed, at the option of the manufacturer 01 the packer, m terms of gram, centi- metre, square decimetre, sublc centimetre, cubic decimetre or mill- litre as the case may be¹

Provided further that where the quantity to be expressed is e equivalent to 100 kilograms

Illustrations.

(a) Where the weight is 1500 grams, it shall be expressed as 1 5 kilogram,

(b) Where the weight is 3500 kilograms. It shall be expresses as 3.5 tonnes

(c) Where the length is 225 centimetres, it shall be expressed as 2.25 metres.

(d) Where the volume is 1200 mlllllitres, it shall be expicssed as 1.2 litre.

(4) Units of weight or measure not specified in sub-rules (2) and (3) shall be expressed in accordance with the following principles, namely

(a; When expressing a quantity less than the standard unit, the quantity shall be expressed in terms of the miHl unit, and where the quantity is less than one thousand the part of a unit, in terms of the micro unit, and so on

(b) When expressing a quantity more than the standoid unit, the quantity shall be expressed m terms of the unit upto, but not including one thousand units, and where the quantity is one thousand units or more, but less than one million units th • quantity shall he expressed in terms of the kilo units, and where the quantity is one million units or more, the quantity shall be expressed in terms of mega units and so on;

(c) When the quantity is moie than one standard unit but less than the next standard unit, the fraction shall be expressed in accordance with the deci- mal sub-multiples of the unit

(5) When any commodity is packed by number, such number shall be expressed on the package in international form of Indian numerals, and every package in- tended to lie suid ny number shall be packed in the manner specified in the Sixth Schedule

(fil No number called the dozen (12), score (201, gross (144), great gross (1728)- or the like shall be specified or indicated on any package

14 Unit Sale Price—How to be determined—For the purpose of determining the unit sale price of a package, the retail sale price of the package shall be con- verted mathematically to the unit of the weight, measuto or number iP accordance- with which the unit sale price is re luir-d, by the Seventh Schedule, to be declared

15 Additional declarations to tie made on combination packages —(1) A com- bination package shall contain, in addition to the declaration required to he made under any other provisions of these rules, an indication of the net weight, measure or number, as thf case may be, in respect of each commodity contained In the T> c'-?J,e and the sale price of the combination package.

10 Additional declarations to be made on croup paekafte.3.—(1) The additional labelled s.-i a ntelv and ,-uv cnpable of being sold sepprately, each such commodity shall hejr thereon n declaratio'i as to the quantity and the salo thereof

16 Additional declarations to be made on group packages.—(1) The additional declarations on a group package shall be expressed as folliws

(a) the number of pieces of each commnditv contmned in such package, followed by the net weight, measure or number, as the case may be;

(b) the total number of pieceb contained in the group package, and (c) the sale price of the group package

(2)When individual pieces in a group package are either packaged or labelled separately and are capable of being sold as individual pieces, each such piece shall bear thereon a declaration at, to its quantity and the sale price thereof

17. Additional declarations to be made on multi-piece packages,—(l) Every multi-piece package shall bear thereon. In addition to the declaration required to be made under any other provision of these rules, a declaration of— (a) the number of individual pieces contained thereto, (b) the sale price of the multi-piece package;

Provided that where individual pieces contained in a multipiece package Are packaged or labelled Separately and are capable of being sold separately each piece shall bear thereon a declaration as to the quantity and the sale price thereof.

(2; When a multi-piece package contains a number of smaller multi-piece packages each of which Is capable of being sold separately, such multi-piece pack- age shall also bear thereon a declaration as to the number of smaller packages con- tained therein and the quantity contained in each such smaller package

18. Declarations with regard to Dimensions of certain Commodities.—Where a package contains commodities, like bed-sheets, hemmed fabric materials, dhoties, sarees, napkins, pillow-covers, towels, table cloths or similar other commodities, the number and the dimensions of finished size of such commodities shall also be declared on the package or on the label affixed thereto

Provided that where the package contains more than one piece of different dimensions the package shall also contain a declaration as to the dimen- sions and the sale price of each such piece:

Provided further that the dimensions of the commodities and the sale price thereof shall also be marked on each individual piece,

19 Declaration with regard to Dimensions and Weight to be made on packages

in certain cases;—Where the dimensions and weight, or combination thereof, of a commodity has or have a relationship to the price of that commodity, the declaration a quantity on the package containing such commodity, shall also include a declara- tion as to such dimensions, weight or combination

20 Declarations to be made with retard to the number of us:\lbe sheets to be

stated.—In the case of a package containing sheets like aluminium 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 usable sheets con- tained in the package and the dimensions of each such sheet

21. Declarations with regard to the Dimentions of container type commodities— how to be expressed.—Commodities, such as bags boxes, cups, pans or the like designed and solrl in retail trnde for being used as containers for other materials or objecty, shall he laboln-d with the declaration of quantity as follows

(1) for bag-typr commoditict —Tn term¹; of the number of bags which the package may contain, followed by linear dimonsions of the bags, whether packaged in a perforated roll or otherwise

Illustration (a) For bags without gusset — "25 bags, 200 mm x 1200 mm"; (b) For bags with tfussc-t— MOO bags, GOO mm x 800 mm x 200 mm",

(ill for square oblong, rectangular or similarly shaped containers.—In terms of thp number of coniam^ra which Ihe package may contain, followed by- length, width, and if required, depth of the container

1897

(nI) For circular or generally round-shaped containers, not being cupt, or the like,—In terms of the number of commodities contained therein follow- ed by diameter and, 11 necessary, depth ot the container.

Illustration

4 pans, 200 mm diameter x 10(1 mm"

(iv) When the use ol a container is related by label references, in terms of standard weight or measure, to the capability of the container to hold a specific quantity of a commodity or a class of commodities such refer- ences shall be included in the declaration of quantity

Explanation—I Containers which arc intended to be used for liquids, semi- sohds viscous materials or mixtures of solids, and liquids shall fall wiihm the cmbit of this rule

Illustration :

Freezer boxes—"4 boxes, 500 ml capacity, 120 mm x 100 mm x 70 mm"

Explanations I Containers ml ended to be used for solids shall fall within the ambit of this rule.

Ilhistrationn

(a) Bags—"8 bags, 100 kg capacity, 900 mm x 1500 mm";

(b) Cups—"20 cups, 200 ml capacity"

Explanation—III Where containers are used as liners for other more permanent containers, the declaration shall be in the same terms as are normally used to express the capacity of the permanent containers

Illustration •

Can liners—"10 liners, 450 mm x 100 mm, fits cans upto a capacity of 100 litres"

22 Cases in which the responsibility Qf marking sale price may be left to the whttle-sale dealer.— (1) Notwithstanding anything contained m these rules, where any package containing edible nil or vanaspati i° intended to he sold, distributed or delivered through any w h o l e s a le dealer, the manufacturer or, where the manufacturer is not t he packer, t he packer, m ay re-pack such commodity without marking t he sale price of the commodity on t he package and in t he case of every such package, it shall be the duty of the whole-sale dealer to indicate on t he package t he retail sale price of t he commodity contained therein before t he package is displayed for sale o±- is sold, distributed or delivered to any retail dealer or directly to any consumer:

Provided that such indication of retail sale t>rice shall be made with indelible ink, but if, instead of indicating the retail sale price in ink, anv pi ice sticker is used, such price sticker shall be affixed securely and shall also bear thereon t he tradp mark of the manufacturer or t he p a c k er as t he case m ay be, and once t he price is so marked on t he container or on its sticker shpll not Vie altered °r smwdfcl

Provided further that such retail sale price shall be indicated strictJv in accordance with the price communicated by the m mu racturer or the packer, as t he case m ay be and t he wholesale dealer shall circulpte a retail sale price list to each of t he retail dealers

E.rplntitation For thp removal of doubts it is hereby declared thai the rptail sale nricc inrHfaicd bv t he wholesale dealer shall be inclusive of all taxes and other charges

(2) Where the sale price is not marked bv t he manufacturer or t he packer on the pa^kapr. m pursuance of the provisions of sub-rule ( 1 ), it shall bo the dutv of such manufacturer or packer, as the case m ay b e, to ensure that t he retail <^al" price is marked bv t he wholesale dealer on each package before it i-; displaved for sale or is sold distributed or delivered

23 Provisions relating to wholesale dealer and retail dealers—(1) No whole- sale dealer or retail dealer shall sell, d i s t r i b u te deliver, disnUv or store for sale any eommoditv in the pnekaued form unless t he package complies with, in all respects, the provisions of t he Act and these rules

(2) No retail dealer or other person shall make any retail sale of any com- modity m packaged form at a price exceeding the retail sale price thereof.

(3) Where a package intended for retail sale In which a commodity has been pre-packed is opened and the commodity contained therein is sold to one or more persons, the price to be charged from the purchaser shall bear the same propor- tion to the price of the package as the quantity sold to the purchaser bears to the total quantity contained in the package.

Provided that where any package containing any commodity specified in the Eighth Schedule is opened for the purpose of selling such com- modity in smaller quantities in unpacked form, the price charged for the sale of such smaller quantities may exceed the proportionate price Of such quantity by not more than five per cent of such proportionate pruve

Provided further that where any package, which has been damaged in transit or otherwise, is sold, the commodity contained in such damaged package may be sold m any quantity at a price which may be lesser than the proportionate price thereof.

(4) Where, after any commodity han been pre-packed for sale any tax payable .

m relation to such commodity is increased or any fresh tax is imposed on such commodity, the retail dealer or any othei person, shall not make any retail sale of such commodity at a price exceeding the revised retail sale price, com- municated to him bv 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 lie, to indicate bv not less than 2 advertisements m one or more newspapers and also by circulation of notices to the dealers and to the Central Government, State Governments, and Governments of 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 increased pnee shall not be necessary where such increase is due to any increase in, or - imposition of, any tax payable under any law made by the State Legislature:

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 werp pre-packed m thr> month In which such tax ha^ hf>en increased or fresh tax has been Imposed or in the motrlh immediately following the month aforesaid'

Provided also where the revised prices are lower than the price marked on the package, the retail dealer or other person shall not charge any price m excess of the revised price, irrespective of the month in which the commodity was pre-packed

(5) Nothing in sub-rule (4) 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.

(6) No retail dealer or other person shall obliterate, smudge or alter the sale price or the retail sale price, indicated by the manufacturer or the packer, JS the case may be, on the package or on the label affixed thereto.

24 Procedure for examination of mid determination of Quantity and error in packages at the premises of the manufacturer or packer — n) With a view to ascertaining whether any package or batch of packages complies with the pro- visions of these rules in all respects, the Director or any other person authorised under section 29 hereafter referred to as in these rules the authorised person may examine the packages and carry out the tests at the premises of the manufacturer or, where the manufacturer is not the packer, of'the packer, and when he carries out such examination or tests, he shall draw samples from such batch of packages, in such manlier and in such number as are specified in the Ninth Schedule and the tests aforesaid shall be carried out in accordance with the method specified in the Tenth Schedule,

(2) The Director or the authorised person shall enter, In the Form set on In the Eleventh Schedule, the detailed results of the tests carried out by him under sub-rule (1) and shall obtain, on the said Form, the signature of the manufac- turer or, as the case may be of the packer, or his authorised agent, or, in the

i899

absence of both, or on their refusal to affix such signature, the signature of a competent wltneas. A copy of the data sheet containing the results shall be given to the manufacturer or packer, at, the case may be

(3) On the completion of the examination and testa carried out under sub- rule (1), the Director or the authorised person shall make a report indicating therein his findings with regard to the declarations required to be made under these rules and as to the net quantity actually contained in the sample packages and the extent of error, if any, noticed by him and furnish a copy of such report to the manufacturer or the packer, jis the case may be.

(4) If it appoars from the report referred to in sub-rule (3) t h a t~

(a) the statistical average of the net quantity contained in the packages drawn as samples is lesser than the quantity declared on the packages or on the labels affixed thereto, or

(b) the number of packages, showing an error In deficiency greater than the maximum permissible error, Is more than five per cent of the packages drawn as samples, or

(c) any such package shows an error in deficiency greater than twice the maximum permissible error.

the Director or the authorised person shall, if for good and sufficient reason requested by the manufacturer or packer or his authorised agent, so to do take out as soon as may be practicable, fresh samples and carry out fresh testa in accordance with the provisions of these rules and where fresh tests made the Director or the authorised person, as the case may be shall collect by'way of reimbursement, from the manufacturer or packer, such sum, not exceeding rupees two hundred and fifty, as is, in hi3 opinion, commensurate with the ser- vices so rendered:

Provided that where fresh tests are carried out, no package contained in the batch, which wag 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

(5) (a) Where, as a result of any test carried out under this rule, it Is found that any package contained in the batch 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 batch and pick out from the batch the packages which conform to all the provisions of the Act and of these rules.

(b) When the Director or the authorised person is satisfied that the packages picked out by the manufacturer or packer conform to all the provisions of the Act and of these rules, he shall authorise th,e sale, distribution or delivery of such packages.

fc) 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 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 relabelled, as the case may be, in accordance with the provisions of the Act and of these rules.

(6) A batch 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—

(a) the statistical average of the net quantity contained in the sample packageg is equal to, or more than, the quantity declared on the pack- age or on the label affixed thereto,

(b) the number of packages, showing an error in deficiency greater than the maximum permissible error, is not more than five per cent of the pack- ages selected as samples,

(c) the extent of error in deficiency in none of such sample packages exceeds twice the maximum permissible error, and

(d) each such packagp bears thereon or on a label affixed thereto—the declarations required to be made under these rules.

25. Action to be taken on completion of examination of packages at the pre- m i ss of the manufacturer or the packer.—(l) If it appears from the report referred to in sub-rule (3) of rule 24 that,—

(a) the statistical average of the net quantity contained in the packages drawn as samples under that rule is lesser than the quantity declared on the packages or on the labels affixed thereto; or

(b) the number of packages, showing an error in deficiency greater than the maximum permissible error, is more than five per cent of the packages drawn under that rule as samples, or

(c) any such package shows an error in deficiency greater than twice the maximum permissible error, or

(d) any such package does not bear thereon or on a label affixed thereto the declarations to be made under these rules,

the Director or the authorised person shall take punitive action in accordance with the provisions of the Act against the manufacturer, or as the case may be, the packer as he may think fit:

Provided that no such punitive action shall be taken if fresh tests are carried out under sub-rule (4) of rule 24, bqt if after such fresh tests any such error or omission as Is referred to in this sub-rule is detected, the Director or the authorised person shall take appropriate punitive action in accordance with the provisions of the Act against the manu- facturer or, as the case may be, the packer

(2) Before taking any punitive action under sub-rule (1) the Director or the authorised person shall seize, in accordance with the provisions of the Act, the package^ drawn by him as samples and shall take adequate steps for the Jtife custody of the seized packages until they are produced in the appropriate court as evidence.

(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).

26 Action to be taken with regard to packages examined at the premises "f the wholesale dealer or retail dealer.—(l) Ordinarily, any test m 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 authorised person 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 authorised person has reason to suspect that any package has been tampered with or that there has been any pilferage or leakage of the commodity contained in the package;

(lii) the Director or the authorised person 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.

(2) Where any test is carried out in pursuance of the provisions of sub-rule (1). t he Director or the authorised person shall verify whether the quantity contained in the package corresponds to the quantity declared on such package or any label affixed thereto, and where the quantity contained in the package is less than the declared quantity, whether the deficiency is more than twice the maxi- mum permissible error in relation to that commodity.

(3) Where the Director or the authorised person finds on a tc=it carried out under this rule that the error in deficiency in any package kept or stored for sale, distribution or delivery at the premises of the retail or wholesale dealer, is more than twice the maximum permissible error in relation to that commodity he snail seize such package and take appropriate action against the retail dealer or the wholesale dealer, as the case may be, in accordance with the provisions of the Act:

Provided that where the package bears the legend "when packed", no punitive action shall be taken, against the retail dealer or wholesale dealer if the Director or the authorised person is satisfied after neces- sary tests, that thf deficiency in the quantity contained in the package is due to environmental conditions.

i9or

(4) Where, as a result of any test made under this rule it Is found that the

w h e r ^ ^ T d S .^ ln t h\ V *^ c o n f°™ ^ the declared^quantity or wnere there is a deficiency, such deficiency is not more than twice the maximum permissible error the retail dealer shall be at liberty to sell ™ deliver ™ ? s t r™ on L ch t e s™ '^ St t he P n Ce d e t e r m i n ed ™ ^ basis oi the quantity found

(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 the .declarations required to be made under these rules, it shall be lawful for the .Director or the authorised person to make such inquiries as to the source from which such package was received by the wholesale dealer or retail dealer and to take such punitive action against the wholesale dealer or the retail dealer, as the case may be, as he may think fit

27 Establishment of maximum permissible error on Packages,—(l) The maximum permissible error m relation to the commodities specified in the First Schedule shall be such as is indicated in the corresponding entries in that Schedule against the concerned commodity and the maximum permissible error in relation to any commodity not specified in .the First Schedule, shall be such -as is specified in the Second Schedule:

Provided that the Director may establish the maximum permissible error in relation to any commodity not specified in the First Schedule, and on such establishment, the concerned commodity and the maximum permissible error in relation thereto shall be deemed to have been included in the First Schedule.

(2) The Director shall cause a co-ordinated programme to be undertaken, at "uch places and in such manner as he may think fit for the establishment of the maximum permissible error in relation to commodities referred to in sub-rule (1) or the proviso thereto.

(3) While establishing the maximum permissible error in relation to the net quantity of commodities contained in packages, due account shall be taken of the following causes which may lead to variation in the quantity, namely

(a) variations caused by unavoidable deviations ln weighing, measuring or counting the contents of Individual packages that may occur ln good packaging practice,

(b) variations caused by the ordinary and customary exposure to conditions, such as, climate, transport, btorage or the like that normally occur in good distribution practice after the commodity Is introduced In trade or commerce, and

(4) The Director shall determine, or cause to be determined, ln relation to any commodity the declaration in respect 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 environmental conditions.

28 Deceptive packages to be repacked or in default to be seized.—(1) If, on the determination of the quantity contained in the sample packages, the Director or the authorised person finds that the quantity contained In the package agrees with the declaration of the quantity made on the package or label thereon but the package Is a deceptive package, he shall require the manufacture of the packer as the case may be, to repack and relabel such package and in the event of the omission or failure on the part of the manufacturer or the packer as the case may be, to repack or relabel such deceptive 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 stops for the safe custody of such packages until they are produced in a court as evidence

Explanation . For the purposes of this rule, "deceptive package" means a package which is deigned as to deliberately give to the consumer an exaggerated or misleading impression as to the quantity of the commodity contained thPreln, except where bigger dimensions of the package can be justified by the manufacturer or packer, as the case may be, on the ground that such dimensions are necessary for giving protection to the comrrio- contalned in such package or for meeting the requirements of the machine used for filling such package.

(2) If the seized packages contain any commodity which ia sublet to speedy or natural decay, the Director or the authorised person shall dispose of the com- modity in accordance with the rules made under the Act

CHAPTER III

PROVISIONS APPLICABLE TO WHOLESALE PACKAGES

i>nrt⁹ SII?eCha^atiOn ^ u¹* m a de on e v e ry wholesale package.—(l) Everv wholesale package shall bear thereon a legible definite, plam and conspicuous ' declaration fly XQi—•

(a) the name and address of the manufacturer or where the manufacturer is not the packer, o f the packer;

(b) the identity of the commodity contained in the package, and (c) the total number of retail packages contained In the wholesale package, if any, and the net quantity in terms of the standard unit of weight, measure or number of the commodity contained in each retail package.

CHAPTER IV

EXPORT AND IMPORT OF PACKAGED COMMODITIES

30 Declarations on packages intended for export.—(1) In this Chapter, "export package means a package intended for export.

(2) Every export package shall, notwithstanding anything contained in rule 6, bear on its principal display panel a legible and conspicuous declaration with regard- to the following matters,, namely:— (I) it Is intended for export; (ii) the identity of the commodity contained in the export package and the net weight, measure or number of such commodity,

(iii) the name and address of the manufacturer, and where the manufacturer ia not the packer, of the packer.

(3) Where an export package contains two or more individually packaged or labelled pieces of the same or different commodities, such export package shall also bear on its principal display panel a legible and conspicuous declaration with regard to the following matters, namely: —

(i) the number and description of such individually packaged commodities;

and

(ii) the net weight, measure or number of the commodities contained in such individual package.

(4) The Director or any other person authorised by the Director mav inspect, or cause to be inspected, any package intended fop export with a view to ascertaining whether the declarations as to the net weight measure, or number on the packages are accurate, and if the Director or authorised person is of the opinion that the declaration with regard to such matters is not correct or is false in material parti- culars, he may bring the matter to the notice of—

(l) where such checking is made in the premises of the manufactmer or packer,

(a) the appropriate offlccrof customs, and

(bi) the Ministry dealing with the export of the concerned commodity,

(il) where the checking is made at or near the custom stations,—

(a) the appropriate officer of customs, and

(b) the Ministry dealing with the export of the concerned commodity,

for such action as they may think fit.

complying with the provisions of sub-clause (i) or sub-clause (in), or both, of SUD- rule (2).

1903

81. Export packages also to comply with the laws of the country to which they i re being exported.—Every expoi t package shall also comply with the law rules and regulations m force in the country to which such package Is Intended to be exported.

32 Restrictions on sale of export packages in I"dla,-jAn export package shall not sold in India unless the manufacturer or packer has re-packed or re-labelled the commodity in accordance with the piovisions contained in Chapter II, and where any export package is sold in India without such re-packlng or le-labelhng, such package shall be liable to be sei i d m accordance with the provisions of the Act

33 Provisions of Chapter II to apply to packaged commodities Imported into India,—The provisions of Chapter II shall, as far as may be apply to packaged com- modities imported into India.

CHAPTER V

EXEMPTIONS

34 Exemption in respect or certain packages. —(1) Nothing contained in these rules shall apply to any package containing a commodity if—

(a) the marking on the package unambiguously indicates that it has been specially packed for the exclusive use of any industry as a rt.w material or for the purpose of servicing any Industry, mine or quarry:

Piovided that this exemption shall not be available In respect of—

(i) any yarn which is sold in hands to handloom weavers (ii) any component, part or material used In any workshop, service station or for the purpose of servicing any Industry, mine or quarry

cle or motor vehicle within the meaning of the motor vehicles Act, 1939 (4 of 1930), 13 undertaken;

CHAPTER VJ

REGISTRATION OF MANUFACTURERS AND PACKERS

35 Beelstratton of Manufacturers ana Packers—(1) Every individual, firm, Hindu undivided family society, company or corporation who or which pre-packs any commodity for sale, distribution or delivery shall make an application, accom- panied by a fee of rupees five, to the Director for the registration of his or its name and complete address, and every such application shall be made—

(I) in the case of an applicant pre-packing any commodity at the commence- ment of these rules, within ninety days from such commencement, or

(,11; in the case of any applicant who or which commences pre-packing of any commodity after the commencement of these rules, within ninety days from the date on which he or it commences such pre-packing.

(2) Every application referred to m suh-rule (1) shall contain the foil TU ing partiLLfarb, namely —

(a) the name of the applicant, (10 the complete address of tho premises at which the pie-packing of one or more commodities is made by the applicant, and

(c) the name of the commodity or commodities pre-packed by the applicant. Explanation In this sub-rule, "complete address' has the meaning fssigned to H in the Expl malion to t,ub-iule (J) of rule 10

J6 Registration of shorter address permissible.—(1) It shall be lawful foi any manufacture! or packei to make an application to the Director for the registration of a shorter address, in addition to the complete address referred to in sub-rule (2) of rule 35

(2) The Director may, If he is satisfied after inquiry that the shorter address is sufficient to enable the consumer or any other person to Identify the m a n u f a c t u *r or the packei, register such shorter address.

(3) Where a shorter address lsieglstered by the Director, it shall be lawful foi the manufacturer or packer to state such shoiter uddiess on the label of each commo- dity pre-packed by him or it

37. Register of manufacturers and packers, etc—(1) The Director shall enter in a register, to be maintained by him for the purpose, the name and complete address of each manufacturer or packer by whom application for such registration has been made to him under rule 35.

(2) The register referred to in sub-rule (1) shall be open to the Inspection ot

the public without the payment of any fee.

38 Compilation Of lists of manufacturers or packers and their circulation.—The Director shall compile a State-wise list of the manufacturer and packers registered by him under rule 37 and shall circulate such list to the Controller of the concerned State to enable the Controller to take, or cause to be taken, samples at the premises of the manufacturer or, where the manufacturer ia not the packer, of the packer.

TlFST SCHEJIUIE

[See Rule 2(l)(i)]

; errors in relation to the quantity contained in

the Individual Packagt

Maximum permissibh

Quantity declared

Maximum pennies!*

s.

ble error Description of commodity

No.

3

2

4 i

Biscuits

I.

(i) Upto and equal to 500 R (ii) Above 500 g

7 0% 6-0%.

Bread .

2.

(i) Upto and equal to 400 g (ii) Above 400 g upto and equal to 800 £ (iii) Above 800 g upto and equal to 1200 g

8 0% 6.0% 4 0%

2-0%

50 Kg bag

Cement <

3.

4-

(i) Upto and equal to 1 kg. (ii) Above 1 kg upto and euqal to 3 kg

On) Above 3 kg

5 0% 4 0%. 1 5%

Detergents cleaning /scouring powder and the like

Face cream .

5-

(1) Upto and equal to 25 g (h) Above 25 g upto and equal to 100 g

4 0% 4 0% or 2 5 B which-

ever 1B less

(Iii) Above 100 g

3 0%

Ci) Upto and equal to 1 kg

Ghee, vanaipati and

6.

(11) Above 1 kg. upto and equal to 2 kg

edible oils.

2 0% 1 5% 1 -3.5% 0 6%

(iiii Above 2 kg upto and equal to 4 kg (iv) Above 4 kg

(i) Upto and equal to 100 g"">

Hair cream .

7-

(U) Above 100 g upto and equal to 200 g

-5 Si 5 0% or 7 g which-

ever is less.

111) Above z.00 f?

5 0% or 10 g which-

ever is less.

8.

0) Upto and equal to 100 g (if) Above 100 g upto and equal to 1 kg

5 0% 4 0% 3 0%

(hi) Above 1 kg

Infant Foods inclu- ding malted milk foods

Liquid milk .

9.

CO Upto and equal to 100 ml (h) Above 100 ml upto and equal to 250 ml

(iii) Above 250 ml

—S ml —8 ml —'io ml

1905

I

2

3

4

10. Piovisions tiliiin (i) Upto and equal to 100 g (11) Above 100 g upto and equal to 500 g (ni) Above "*oo g uptn and equal to 1 kg (iv) Above 1 kg

3 0% 2 0% i - 5% o'75%

Polythene btg^ or Pfaitic hagi. F >rd- grams, pulses edi- ble socdSj spices (whole 01 bro- ken hut not pow- dered), powdered commodmeh. (such ai, chilli powder, pepper powder, coffee powder wa-hing soda, atta table salt and the like), dry fruits seedi and other commodities (such as, sugar, gur khundsan and the like).

II Safety M r ^dl b o x c3 _

(1¹) containing upto so sticks (ii) containing more than 50 sticks

6 0%

12,

"Shaving cakes/sticks For all quantities

3'0%

Shaving cream

13-

(1) Upto and equal to 50 g"l (ii) Above 50 g upto and equal to ioog

—1 g —2 g

14. Soap chips

1 0 % 0 3% 0 2%

(1) Upto and equal to 1 kg (v) Above 1 kg upto and equal to 3kg (in) Above 3 kg

1 5. Talcum & face pow-

der .

(1) Upto and equal to 50 gj (11) Above 5og upto and equal to 100 g (Id) Above 100 g upto and equal to 300 g (iv) Above 300 g

6 5% 4 0% 3 0% * 5%

16. T ea . ..

2-0%

For all quantities

Toilet soaps .

17.

For all quantities

3-0%

IK. Tooth paste .

5-o%

(1) Upto and equal to 50 8 (ij) Above 50 g upto & equal to 125 g (ni) Above 125 g

4-o% 3 0%

19. Tooth powdei

8-o% 8 0% or 15 gH which- (1) Upto and equal to 100 g (ii) Above 100 g

ever is Ices

2 0. Washing soap ()•) Upto and equal to 150 g

4 5% 4 0% 3 o",J,

(if) Above 150 g upLo and equal to 300 g (ni) Above 300 g

T SE SBCOND SCHEDULE

[See Rule2/i)(ii)]

Maximum permissible errors in relation to packaged commodities not specified in the first

Schedule

1. Classification of commodities packaged or sold by vieight or volume—'(i) For the purpose of specifying the maximum p^rmf-albie errors, packaged commodities not specific d :n the First Schedule, which are intended to be sold, delivered ordistributed by weight or volur shall be divided into two classes, namely, classes 'A' and Cla°s ' E'

(2) Tae following n egorie of commodit e hall Ml wiTh n Cl s 'A' n me > —

(a) cjmaiod i r it " d m i r . ^ g ', the n t we ght or volume of wh'chdces not exceed 25 g anij 01 25 cable ceinm-tres 01 (mi Mitics"¹,

yb) commodiiie the flow propertie , den iiv o<- both, of which cam ) be maintained constant except with the he'p of crnsjdtirWe pecia' tcdrnnd i f s u,

(0) oommodiMec con ainic'g seveial iib^tances of differenT den^itic or diffeient physica' pha L , the packaging of wmch "equirfs se\eia cperav cr ,

2 Maximum permissible errors ' on net quantity declared by weight or •volume.—•

TABLE I

Maximum permissible eirors on net quantities declai cd by

weight 01• by lolunie.

SI. No.

9

0)

9

00

2 25 (ill)

1 c

z 2%

more than 100 but IL, more than 200

(lVj

moTt n an 200 bm n it moi - than 300

q

KVj

1 s:

more than 30c h u ms more han 500

(VI)

15

(V.i

1907

J

TATHLE II

Maximum permissible errors

on net quantities declared by length, area or number.

Maximum permissible error in excess or in Quantity Declared

deficiency

SI. No.

in units of lei gth

{{^{{FOOTNOTE (0}}}}

2 per cert of dcclsied quantity upto TO metres andj thereaftci l pcrcci t of declared quar.tity

in units, of area .

GO

. 4 pei cent of declared quantity upto io pq metres and thei carter I per cent of de- clared quart) ty

. 2 per cent of declared quantity.

by number

(in)

T HE THIRD SCHEDULE

(See Rule J)

Gomntjdnies to be packed in specified quantities

i. Tne following commodities shall be packed onjy in such quantities b , r_t3 n msvie Or number as are specified in the conoponding entries agan st them.

Commodities

Quantities in which to be packed s. No.

. 200 g, 400 g, 500 g, ioco K

i. 2.

Baby food including weaning food BiacuitB . . . .

(1) Canteen packs: 25 g and 30 g, (a) Exclusive Wrap pack 50 g. 60 g, 70 g, 80 gj 85 g, 90 g, 95 g, 100 g, and no gt

(111) Air tight cartoDd: 100 g, 120 g, 140 g. 150 g, 160 g, 170 gj 180 g, 190 g, 200 g. 2iog3 220 g, 230 g.

(Iv) Fancy tins and drums: No lettnciir 1, but endeavour shall be made to pack in multiples of 10 g.

Bread including brown bread but excluding 100 g, 2(JO g, 400 g, 800 g, 12CO g 3-

but y

4- Butter, Cheete arid allied products . . 25 g, 50 g, 100 g, 200 g, 250 g, 500 g, 1 kg- 2Kg3 5 Kg and theieaitei" in multiples of 1 kg.

Ccrealb uT.d pulses . . ..

5-

Ccrci'l products

6.

Clgncttes, cigars, bccdic- at d tl c like

7-

Cleaning ai d sanitary fluids

8.

Clear 11 g powdei:

9.

Coiidci sed milk . . ..

10.

Commodities

s.. No.

12.

"\ Quantities in which to be packed

Cooking oils, varaspati, gtee, margarine .

13.

100 g, 2cog, 25O*g, ^cog, 1 kg, akg, 4*kg

Cosmetics and perfumes including all creams i< g, 30 g, 35g,4Og, 45 g, 50 g, 60 g, 70 g" except dental and shaving. 80 g, 90 ~ 100 g, 120 g, 140 g, 160 g, 180 g, 20G B, and thereafter in multiples of 100 g.

H a ir o i ls ( p e r f u m e d) .

14.

H a ir o i ls ( u n p e r f u m e d) . . .. 15-

I ce c r e am ( in b r i c k s) . . ..

16.

I ce c r e am f in c u p s) , . . .

17-

J a m s, s a u c e s, k e t c h up an d t he l i ke

18.

If net quartity is declared by volume the.

same number in milliUtres.

yo ml, 75 ml] 100 ml, 200 ml, 300 ml3 400 m lr 500 ml, 1 litre and thereafter in mul- tiples of 1 litre.

100 g, 200 g, 250* g, 500 g, 1 kg, 2 kg, 3 kg,,

and thereafter in multiples of 5 kg.

If net quantity is declared by volume the.

sttme number in millihtres.

500 g, 1 kg and thereafter in multiples of

1 Kg.

25 Si 5° g3 *°o S) 200 g3 2jo g. If net quantity is declared by volume the bame nurnbc^ jn jiulliUtres.

50 g, 100 g, 500 g, 1 kg and^tberccafter irf

multiples of i kg.

M i l k - l i q u id s w e e t e n e d, u n s w e e t e n e d, 19-

flavoured.

M i lk p o w d er . . • " ..

2 0.

M a t ch s t i c ks in b o x es . . ..

2 1.

Non-BOflpy detergents . . ..

2 2.

50 ml, 100 ml, 200 ml] 500 ml, 1 litre, 2. litres, 5 litres and thereafter in multiples

of 5 litres.

500 g, 1 kg and thereafter in multiples of

500 g.

10, 20? 50, 60 and 100 and thereafter in

multiples of so.

40 g, jo g, 100 g, 200 g, 250* g, 500 g, 700 g, 750* gj 1 kg, 1'5 kg, 2 kg and thereafter in multiples of I kg.

N u t s, bolts, nails, screws and the like 5,'10, 20, 50, ico, aoo, 5C0,1000 andthereaftei- 23.

(m boxed).

R a s s o g u l l a, g u l a b - J a m un a nd other s w e e t s, 24-

if a o ld by n u m b e r.

R i ce ( P o w d e r e d ), flour, atta, r a w a, s u j i .. .

25.

Salt

26.

S h a v i ng b l a d es . . . ..

27.

S h a v i ng c r e am . . . ..

28.

29. Soaps (B.) Laundry soap

in multiples of 1000.

5, io, 20, 30, 40, 50, ico and thereafter in

multiples of 50.

100 g, 200 g, 250+g, 500 S, 1 kg, 2 kg, s kg

and thereafter in multiples of 5 kg.

50 g, 100 g, 200 g, 500 g, 1 kg, 2 kg, 5 kg

and thereafter in multiples, of 5 kg.

i3 2, 3, S, 10 and thcreafterjin multiples of

10.

3° g) 5° E* "70 g, 100 g, 125 gj 150 g and

thereafter in multiples of 50 g.

150 g, 2oog, 225* g, 2/fo'g and thereafter

in multiples of 50 g.

1909-

Quantities in which to be ptckedjg ••' Commodities

s. No.

(b) Non-soapy detergent cakes/bars

(c) Toilet soap cakes . . ..

125 8) i35*g. i7C*g5 i8o"g, 250 g, 3 ° og an d thereafter in multiples of ico g. 25g, 5° S> 75* g. 80 g, 85* g, I°0 g, 120 g, 150 g and thereafter in multiple*) of 50 g-

30.

5c ml, ico ml, jeem!, 25c* rol,r5cc m l ,. 750 ml, 1 litie ard treiepitcr in rnultjples Soft drinks ard otter non alcol ohc bevcm- ges including vegetable ard fruit juices.

of 1 litre.

Spices . . -

25 & 50 g> I ⁰° g3 2°°g, JOOg, 1 kg and 31.

thereafter in multiples of 1 kg.

icog, 2cog, Jcog, 1 kg, 2 kg, 5 kg, rnd:

Sugar, sugar cubes, kharidsen molasses.

32.

thereafter in multiples of 5 kg.

ToffeeFj boiled confectiorary and the like .'

33-

(1) Upto 10 pieces, by number provided that the net content docs not exceed 20 a and thereafter by weight as follows:"

(11) Farcy tins and drums: No restriction but endeavour shall be made to pack in multiples of 10 g.

34. _Toothpaste . . . , . 1 • 35 It, 5Cg, 75*B, icog. 2ccg, 3cog, 5C0 g

1 kg and thereafter in multjplet. cf 1 kg

4°"g, 5 ° g j 7 ? g. 100 g, 125 g, 150 g and

thereafter in multiples of 50 g.

NOTE.—'Ordinarily, commodities snail rot be pEcked m ary quartity merked WITP an asTerU^ (*), but wliere any commodity is packed in a quantity so marked with an asteiik (*), the practice of packing such commodity in such quantity shall be discontinued as early as possible but in any case rot later than three yearB from the commencement of - these rujes,

THB FOUKTH SCHEDULH

[Set Rule 11(4)]

Declaration of quantity in relation to con modifies (sold by weight or lolutre) ukich nay,

b" qualified by the words "when packed" and th$ additional trtforn atton ufach the f achage or

th$ label affixed thereto shall bear on U.

N a me of commodity

Additional information to be stated on the package s. No.

1. Alcoholic liquors

.. per cent of alcohol

Animal feed , . , . ,.

2.

Bread, bun and the like . . ..

Butter a rd cheese in cludirg pear ut butter (uncanred) . .. Fat content

Cake

. . .^

Cream (other than cream of milk) . .

3. 4- 5. 6.

F e r t i l i s e rs . . . . ..

F r u i ts . . . . . ..

7. 8.

" . .. • . nutrient content. . * *•

L o t i o ns . . . . ..

9-

M a r g a r i ne

10.

• • •<•

N o n -i o a py d e t e r g e n ts . . ..

11.

S o ap of a ll k in ds o t h er t h an t o i l et s o ap

12.

13. S p i r i t u o us p r o d u c ts . . . • Toilet soap

14-

. Total fatty matter as a percentage of the declared net weight of the soap. " ,

T HE F I I TH SCHEDULE

[See Rule 12(2)]

Exceptions referred to in Rule 12(2).

1. The following commoditicb m packaged form may be sold by weighty meesuic 01 1 umber

HB shown atrainst the commodity.

TABI£

S. Commodity Whether declaration TO be expres-

N o.

^ed in terms of weight, mea- sures or number or two or more of them

1. Aerot ol products .

. . ..

Weight

2. Acids 111 liquid form

Compressed or liquified gas (but not liquified petroleum

3-

gaB).

C u id

4-

E l e c t r ic C a b l es .

5.

E l e c t r ic w i re . . .. . ..

6.

Weight 01 volume. Weight ei d equivalei t \ r h r rc a 1 staled temperature and pres- sure. Weight Length or weight Length

F e n c i ng w i re . . . ..

F r u i t s ., a ll k i n ds

7- 8.

F u r n a ce o il . . . . . . ..

9.

1 0. L in n e ed o il a nd o t h er v e g e t a b le oils .

Length or weight Number or weight Weight or volume Weight

H e a vy r e s i d u al f u el o il

1 1.

Weight

I n d u s t r i al d i e s cl fuel

1 2.

H o n e y, m a lt e x t r a c t, g o l d en s y r up t r e a c le .

Volume Weight

1 3.

I ce c r e am an d o t h er s i m i l ar f r o z en p r o d u c ts

1 4.

L i q u id c h e m i c a ls . . . . . ..

1 5.

L i q u i f i ed p e t r o l e um gas . . . . ..

1 6.

N u l b, w o od s c r e ws . . .

1 7.

P a i nt ( o t l ; cr t h an p a s te p a i nt or s o l id p a m t ), V a r n i sh

Weight or volume Weight or volume Weight Number or weight Volurnc.

1 ?,

and varnibh stain;,, erarnelf.

Paste paint, solid paint .

19-

2 0.

Weight Wcigl t

2 1.

2 2.

. . ' . .

2 3.

Risgullu, Gulabjamun ar d 1 tl cr sweet preparations Ready-made garment;, Sauce, all kinds Tyres and tubes . Yarn . . . . . ..

Number Weight Number Weight 01 length of yarn.

2 4.

T HL SIXTH SCHEDULE

[See Rule 13(5)]

The mam e? in wl ich commedmet munded to be ^old by 1 umbu bhull be packed— WI ere ar.y commodity m packed by ri'mber, fuel pJtkii g '} all be mrdt. ui It.t Ul tivise

provided i" ihc^c rules in the lollown g- m an ei, T rmely^—

(a) wheie the i.umbei is letF than icij, by the irtegia] 1 i mbct,

(b) where the number exceeds ten but doct 1 rt exceed 01 c J vi died, 11 milt 1 It* if

five;

(c) where the numbei ev.cvds one I*undred but dcet 1 ot exceed two hundied , in mi liiples-

of tenj

(d) where the number exceed*. two 1 undrcd but does not exceed five hundred, in mult pies

of twenty,

Ce) where the number exceed? five hundred but does not exceed 01 e thousand, 111 mul'iples

of fifty;

(f) where the number exceeds one thousand, in multiples of one hundred

I " T

T HE SEVENTH SCHEDULE

[See Rule 14(1)]

Manner of declaration of unit price

The mut of the weight, measure or rumber, in accordance with which unit tsic price shalli be declaied, shall be as, follows —

(a) whcie the commodity IR rold bj weight, if the quantity declared on tl e packrgc—

(t) dLcs lot exceed ico grims in tcirns of ore grBm, (n) exceeds ico gramt, but decs, r^t exceed ore tonne, in teirriB of ci e kilcgnm, (in) exceeds one tonne, in teims of one tonre.

I'b) Where the commodity 16 told by volume If the quantity decided en U c p i c k l e—

0) does not exceed ico milhlitrcs, in terms of ore millihtre; 00 exceeds ico m], but does rot exceed one kilolitre, in icrn s el ore hue, (in) exceeds one kilolitre, in terms of ore klohtie.

(c) Where the commodity is 1 old by lergth measure, if thequartity deckitdon 11 eptckagc—

(i) does rot exceed ico centimetres in teimt of on certimetrc; 00 exceeds ico cm., in tcims uf (_ne metre.

(d) Where the commodity is told by aicn, in terms of ore tquaie metie^ (e) Wheie the commodity IB told by 1 umber, in terms of en piece

NOTU.— "The 'ub-paragrsph (c) ihjll apply to ccrmmditicE cortairtd m a prckrge, v,l eie the ccrrrrndily is 'vch thut 11 mty be hold scpaniely by rtmber.

T HE EIGHTH SCHEDULE

[See Proviso to rule 23(3)]

1. Biscuits

2. Bread loaf 3. Confectionary t\. Edible oil Vai a'pati ";. Fertilizer¹; 6. Kerosene oil 7. Lubricating Oil.

T HE NINTH SC HEDULE

(See Rule 24)

Manner of Selection of Samples of Packages

T. Where, by rearon of the widely varying tare weight of package, it s ntce^aiy to open any such package and to take <. ut the commodity contained therein for ihe piupof e of detemm-rg the net quantity contained in such package, and it iR not practicable to to rc-fi]J 1 r repack tl e ct rn- modily as to make the package a s^alcable one, or the commodny is mch that jt is likely to btci me unfit for consumption or use after it has been taken out frcm ihe package, the cnmple si^e 'hall be such as is specified m the corre'ponding entry in coh mn (2) of Table I agamti (he mmhtr specfied in coh mn (1) of the said Table

TABLE I

Number m batch

Sample size

Xess rium or equal to 500 .

•

8 13 501 to 3200 Moie than 3200

20

2 Where, for the determination of the net quantitj of any commodity conta ned in a packr ge It Is nut necessary to optn the package for taking out the commodity thercfrcm or where it is • tiffi- cjort to open and take out the commodity frcm not more than fuv package⁰, for the purpose 1 f

determining the tare weight of such p-ickiges, the sample size 'shall be such as is specified in the corresponding entry in column (2.) of Tab'e II against the number specified in column (T) of the Said Table

TABLF II

Number in batch

Sjmpk size

l oo to 1 50 . . . . ..

20

1 51 t o a So . . . ..

32

2 S1 to 5 00 . . . . ..

10

So S OI to 1 2 00 . . . . ..

1 2 01 to 3 2 00 . . . ..

• 125

2"O 3201 r and over

•w 3. The samples referred to m paragraph 1 or paragraph 2 shall be selected at random m accord- ance with the manner specified in paragraph 4 and 5.

4 Wh^re, for the determ nation of the n-t quantity of any commodity contained in a package it U n:cjiiary to take samples of packig -i itored by the manufacturer or packer in a warehouse, -godown or at any other place, the satmlc shall be selecred nt random, from every batch of packages anl ilullb- picked our from the'top, biti-om, c:ntrc, right, left, front and rear of the stocks o that the samples miy adequately represent the package in the batch.

5 Where, for ihe dcterm'natioti of the net quantity of any commodity contained in a package it is necessary to take samples from the place where the package is being filled such sam pie shall be selected from among the pekages which have already been filled, or in the alternative, the lequisite numbir of emp y containers may be taken over and each of them shall be adequately marked for proper iden ificition and the tare weight of each container shall be accurately noted and thereafter the marked con ainers shall be introduced at random in the packing procefs so that, after the packages are filled it may be possible to determine whether the packages do contain the net iqnintlry of the c i m n i i i ty as dechred on the cintaii-r.

Explanation -In this schedule "sample size" m^ans the number of packages to be selected as samples.

THE TENTH SCHEDUIE

(See Rule 24)

Deterrmnaiiim of the Net Quantity of Commodities Contained in Packages

PART I—Equipments

1 Equipments required.—fi) The Director, or other person authorised by or unJer 'he Act. to determ ne the n-t quan ity of c imrmdity contained In any package, shall he provided bv the 'cancerned Government wjth ad-quare equipments and facilities to carry out his work to the required degree of accuracy in an cxp:dicnt and efficient manner.

(2) The equipments, referred ti 11 "n pirag n 1 ( u, "hi 1 1 \11\- ly c">i 1st of wjrkmg •standard weights and balances or any other we'g'it or measure declared by the Director to be suita- ble for dcterming the net quante y contained in the concerned package;

(3) The Director or authorised person shall, before determining the net quan- tity contained in any package, ensure that the working standards and other equip- ments are functioning properly.

2. Working Standards to be ordinarily used.—(1) Ordinal il>, working standards and other weights and measures, duly verified shall be used for cletermlnlnR the net quantities contained in packages and the errors, if any, in relation to ther net quantity declared on the package

Provided that, where 11 is necessary to use the weights or measures owned or controlled by the manufacturer, packer or wholesale dealer as the case may be, such weights and measures shall not be used unless they are veri- fied before use and no such weight or measure, shall te used unless the maximum permissible error of such weight or measure Is twenty per cent

1913

or less of the maximum error permitted m relation to the net quantity ol the commodity contained in the packages.

(2) It shall be the duty of every manufacturer, packer or wholesale dealer to render such assistance to the Director or other authorised person as the Director or other authorised person may require in order to carry out his duties expeditiously and efficiently.

(3) Where any weight, measure or other equipment, owned or controlled by the manufacturer, packer or wholesale dealer is used by the Director or other authoris- ed person for the determination of the net quantity contained in any package, such weight measure or other equipment shaU not be released by the Director or other authorised 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. Procedure for determination of quantity by weight at manufacturer's or packer's premises.—(1) If empty tare packages are available, take 10 such tare packages, cut them to the size which they would have on the filling and weigh them. Get the weight of one tare package by dividing the weight so arrived at by ten.

(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 If the tare weight of the package is equal to or lesa 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 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. If 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 Tor that commodity of that quantity, the tare weight of the package shall be taken ar 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 requisite accuracy and the average tare weight o( the contained ahall be subtracted from the gross weight to obtain the net contents of the commodity in each package In the sample

(4) Where is is found on examining the first tare package, PS described in sub- paragraph (2) that the tare weight of the container exceeds the limits specified in sub-paragraph (2) and sub-paragraph (3) and the determination of net contents cannot be caried out without opening the remaining packages, or it is not, possible to us*" the procedure described In sub-paragraph (5) the size of the sample to be examined shall be restricted to that indicated in column (2) in accordance with the batch indicated in column (1) of Table-I of the Ninth Schedule and the determi- nation of net quantity shall be carried out by opening all the packages In the sample.

(5) Where it is likely that the process of determination of the actual net quan- tity may be destructive and it Is possible to feed empty package Into the packing process without affecting the results, the following procedure shall be used:

(a) the number of empty packages, depending upon the size of the batch, in accordance with columns (1) and (2) of Table II of the Ninth Schedule shall be selected.

(b) the empty package shall be marked iuitably to identify them from the other packages

(c) the weight of each empty package, with its other parts which are to bo fitted on it after it is filled shall be determined and the weight suitably recorded nn the empty package and also on the Form specified in the Eleventh Schedule;

(d) the empty package shall then be filled by introducing them m a random manner in the packing process, and such Introduction shall be adequately

flpr"ad over the duration in accordance with which the size of th" batch Is determined.

(e) the marked packages shall be taken out after completion of the filling and sealing operations ana each such filled package shall be weighed again to the requisite accuracy;

(f) the net quantity shall be obtained by deducting the tare weight, deter-

mined in accordance with clause (c) from the gross weight

(6) The Director or other authorised person shall enter results of hia examination of gross weight, net weight and tare weight in the Form specified in the Eleventh Schdule along with such other observation as he may wish to make on the basis of his examination.

4 Determination of liquid contents by volume — (1) If the specifle gravity of the liquid commodity filled in packages remains sufficiently constant for a batch and it is possible to determine accurately its specific gravity, the method of determina- tion of net contents by weight, described in paragraph 3 may be used

(2) If the method described In sub-paragraph (1) Is not feasible the containers shall be opened and the contents of each package poured out caiefully into the appropriate volume measure.

(i) The reading of the actual net volume of the commodity in every package shall be noted carefully and recorded in the Form specified in the Eleventh Schedule.

5 Verification of length of commodities — (1) The sample shall be selected in the manner specified in the Ninth Schedule

<2) If it is not possible to measure the dimensions without opening the package, the packages shall be opened

(...) The length of the commodity shall be measured by means of a calibrated steel tope of suitable length

™ (*⁴) I fnt h° ^ u¹ le n g th of t he c o m m° d i ty is io great that it is not possible to measure it with the tape measure and a suitable length meaourmg instrument s

h" {&j-jssgF-,* ss re aa-sara s.TB5faMS

s&l£sigsg3g££S3S

on ftHliZ⁰'^ declarations-(1) The declaration, made on the package or

(2) The additional declarations made on the package or on the label affixed theieto in respect of item (g) and (h) of sub-rule (1) of rule 6 shall also be exa- mined to ascertain whether they uie adeauate

1915

THE ELEVENTH SCHEDULE

(FORM A)

Weight Chicking—Data Sheet

A

Name of Manufacturer/Packer

Particulars of Package

Address Price Month

Year

Lot size Sample size:

B Commodity Classification

Schedule First/Second Class A/B Maximum pernrssible error in percentage.

Remarks.

Net

C

Sample No. Gross Tare

weight weight

weight/ error

T

200

Weight Checking Data. i

Wt.

Avg

D Results.

Declared weight

E GENERAL COMMENTS WITH REGARD TO THE COMPLIANCE WITH THE ACT AND THE RULES MADE THERE UNDER

F

Signature & name of

the Authorised person

Signature & name of manufacrurer/packei authorised by manu- facturer or any com- petent witness.

Designation

Place

Date :

Time

NOTE.— If the date sheet runs into more pages than one, the each continuation <>heet shall bear thes i gnatures speci fled in Part F

(FORM BI

Volume'I ens^th Checking— Data Sheet

A

Name of Manufacturer/packer

PARTICULARS OF PACKAGE

Address ' Price Month

Year

B

Lot •tire: Sample size Schedule Fir t/Secnnd

COMMODITY CLASSIFICATION

Cla'S A/B Time

Maximum perm s-ible error in percentage

c

Error Remarks

Sample Net Volu- No me/Lcrgth

1 VOLUME /LENGTH CHECKING DATA 200

D

Avg Volume/Length

Declared Volume/ Length

Remits

E

GENERAL COMMENTS WITH REGARD TO THE COMPLIANCE WITH THE ACT AND THE RULES MADE THEREUNDER

F

Signature &name of the Authorised

persons

Signature & rame of manufacturer/packer/ authorised by manu- facturer or any com- petent witness

Designation

Place'

Date :

T i m e.

NOTB.—If the date sheet runs into more pages than one, the each continuation Sheet shall Be"ar the signature specified in Part F.

[No. F. WM-9(36)/77.1

T BALAKRISHNAN, Jt. Secy

PRINTED 0Y THK OBNKftAL MANAGER, GOVERNMENT OF INDIA FHE33, MINTO ROAD,

M!W BKUtt AND FUBtlflHSD BT THE CONTROLLER OF PUBLICATIONS, DELHI, 1977