“Legal Metrology” is a new name of weights & Measures. It is defines as follows: Legal Metrology treats units of weighment and measurernent, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements;
Yes, the offence committed under the packaged commodities Rules is compoundable.
Compounding of offences.-
1. Any offence punishable under section 25, sections 27 to 39, sections 45 to 47, or any rule made under subsection (3) of section 52 may, either before or after the institution of the prosecution, it to the Government of such sum as may be prescribed.
2. The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) of section 52.
3. The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27to 31, sections 33 to 37, sections 45 to 47, and any rule made under sub-section (3) of section 52: Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded,
4. Nothing in sub-section (1) shall apply to person who commits the same or similar offence, within a period of three years from the date on which the first offence, committed by him, was compounded, Explanation.-For the purposes of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shali be deemed to be a first offence.
5. Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded.
6. No offence under this Act shall be compounded except as provided by this section.
“Pre-packaged commodity” means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained there in has a pre-determined quantity.
Sale means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or any other valuable consideration and includes a transfer of any weight, measure or other goods on the hire purchase system or any other system of payment by installments, but does not include a mortage or hypothecation of, or a charge or pledge on, suvh weight, measure or other goods.
Any contract, whether for sale, purchase, exchange or any other purpose, or any assessment of royalty, toll, duty or other dues, or the assessment of any work done, wages due or services rendered.
“Protection” means the utilization of reading obtained from any weight or measure, for the purpose of determining any step which is required to be taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively.
Re-verification is a fresh verification of weights & measires at certain intervals to ensure and maintain thge accuracy of weights & measure.
“Label” means any writtn, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity.
Net quantity relation to commodity contained in apckage, means the quantity by weight, measure or number of such commodity contained in that package, excluding the packaging or wrappers.
In relation to a package means the total surface area of package where the information required under these rules are to be given in the following manner:
(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.
“Retail dealer” in relation to any commodity in packaged from means a dealer who directly sells such packages to the consumer and includes, in relation to packages as are sold directly to the consumer, a wholesale dealer who makes such direct sales to the consumer.
“Institutional consumer” means the consumer who buys packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that industry and the package shall have declaration ‘not for retail sale’
Industrial consumer means the consumer who buys packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that industry and the package shall have declaration ‘not for retail sale’.
Retail sale price means the maximum price at which the commodity in packaged from may be sold to the ultimate consumer and the price shall be printed on the package in the form of maximum retail price.
All kinds of soap, lotions, cream and camphor.
Applicant may apply for relaxation under rule 33 of the legal metrology (Packaged Commodities) Rules, 2011.
Yes the rules are applicable both to imported packages as well as the indigenous packages.
In general the manufacturer has freedom to declare the retail sale price on the package except as and when fixed under essential commodities act, 1955 or any other law in force that empowers the governement to regulate prices. The govt. does not go into the reasonability of the price so declared.
Government has made it mandatory to pack the following 19 commodities in the prescribed size from 1st November,2012 as per the recommendation of the committe on subordinate legislation and with the consent of the state governments, in the interest of common consumer: Baby food, weaning food, bread including brown bread but excluding bun, un-canned packages of butter and margaraine, cerals and pulses, coffee, vanaspathi, ghee, butter oil, milk powder, non-soapy detergents (powder), rice(powdered), flour, atta, rawa, suji, salt, soaps (Laundry soap, non-soapy detergents cakes/bars, toilet soap including all kinds of bath soap, cakes), Aerated soft drinks, non-alcoholic beverages, mineral water and drinking water, cement in bags, paint varnish etc.[Paint(other than paste paint or solid paint, Base paint)]
Yes, value based packages from Re.1/- to Rs.10/- are allowed under rule 5 of the said rules.
The rules provide that all the information required under the rules either printed on the package itself or on a label affixed there to. therefore, given all the information on a single label affixed on the package is not prohibited. However, giving individual sticker is prohibited under rule 6 (2). However affixing individual sticker is not prohibited for declaring reduced MRP provided that tha MRP declaration made by the manufacture shall not covered.
Giving any information in addition to the mandatory information required under the rules is not considered violation.
Register importer, in india, is responsible in case of imported packaged.
No, rules covers only pre-packaged commodities.
Yes, under sub-rule (3) of rule 6 of the Legal Metrology (Packaged Commodities) Rules, 2011 a commodity may be sold at a price lower than MRP.
No, under sub-rule (5) and (6) of rule 18 of the legal metrology (Packaged Commodities) Rules, 2011 no one can alter the price once printed.
No, under rule 18(2) of the Rules ‘No retail dealer or other person including manufacturer, packer, importer and wholesale dealer shall make any sale of any commodity in packed from at a price exceeding the retail sale price off.
All pre-packaged commodities except otherwise exempted from the rules are covered under the rules. The exemption is given for Drugs, fast food items and packaged commodities sold in the packages upto 10g or 10ml.
The following declarations are required to be given on all pre-packaged commodities meant for retail sale:
(i) Name and address of the manufacturer/ packer/importer
(ii) Common or generic name of the commodity contained in the package.
(iii) Net quantity, in terms of standard unit of weight or measure or in number
(iv) Month and year of manufacture/pack/import
(v) Retail sale price in the form of Maximum Retail Price (MRP)Rs… Inclusive of all taxes
(vi) Consumer care details
Yes, e-mail address is mandatory.