The Legal Metrology (Packaged Commodities) Rules, 2011.
7th March 2011
GSR 202 (E) — In exercise of the powers conferred by sub-section (1) read with clause (j) and (q) of sub-section (2) of section 52 of the Legal Metrology Act 2009, (1 of 2010), the Central Government hereby makes the following rules, namely:-
1. Short title and Commencement.-
(1)These rules may be called The Legal Metrology (Packaged Commodities) Rules, 2011.
(2) They shall come into force on the 1st day of April, 2011.
In these rules, unless the context otherwise requires‑
(a) “Act” means the Legal Metrology Act 2009, (1 of 2010);
(b) “dealer” in relation to any commodity in packaged form, means a person who, or a firm which, carries on directly or otherwise, the business of buying, selling, supplying or distributing any such commodity whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, 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 ;
(c) “lot” means –
(i) in the case of packages which have been stored, the total number of such packages stored; and
(ii) in the case of packages which are on or at the end of the packing line, the maximum hourly output of packages;’
(d) “manufacturer” in relation to any commodity in packaged form, means a person who, or a firm which, produces, makes or manufactures such commodity and includes a person, firm which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person or firm, as the case may be;
(e) “‘Maximum permissible error”, in relation to the quantity contained in an individual package, means an error in deficiency which, subject to the provision of these rules, does not exceed the limits specified in the First Schedule;
(f) “net quantity”, in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package, excluding the packaging or wrapper;
(g) “packer” means a person who, or a firm, which pre-packs any commodity, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail;
(h) “principal display panel”, in relation to a package, means the total surface area of the package where the information required under these rules are to be given in the following manner, namely;
(i) all the information could be grouped together and given at one place; or (ii) the pre-printed information could be grouped together and given in one place and on line information grouped together in other place;
(i) “quantity” in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package;
(j) “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 wholesale dealer who makes such direct sale;
(k) “retail package” means the packages which are intended for retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages :
Provided that for the purposes of this clause, the expression ‘ultimate consumer’ shall not include industrial or institutional consumers;
(l) “retail sale”, in relation to a commodity, means the sale, distribution or delivery of such commodity through retail sales shops agencies or other instrumentalities for consumption by an individual or a group of individuals or any other consumer;
(m) “retail sale price” means the maximum price at which the commodity in packaged form may be sold to the consumer and the price shall be printed on the package in the manner given below;
‘Maximum or Max. retail price Rs………………… inclusive of all taxes or in the form MRP Rs…………. incl., of all taxes after taking into account the fraction of less than fifty paisa to be rounded off to the preceding rupees and fraction of above 50 paise and up to 95 paise to the rounded off to fifty paise;
(n) “section” means a section of the Act;
(o) “Schedule” means a Schedule appended to these rules;
(p) “standard package” means a package containing the specified quantity of a commodity;
(q) “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;
(r) “wholesale package” means a package containing-
(i) a number of retail packages, where such first mentioned package is intended for sale, distribution or delivery to an intermediary and is not intended for sale direct to a single consumer; or
(ii) a commodity sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity to the consumer in smaller quantities; or,
(iii) packages containing ten or more than ten retail packages provided that the retail packages are labeled as required under the rules.
(r) words and expression used herein and not defined but defined in the Act, shall have the meanings respectively assigned to them in the Act.