THE LEGAL METROLOGY ACTS & RULES
The Legal Metrology (Packaged Commodities) Rules, 2011
(Few Section in brief)
6. Declarations to be made on every package. - (1) (a) the name and address of
the manufacturer, or where the manufacturer is not the packer, the name and address
of the manufacturer and packer and for any imported package the name and address of
the importer shall be mentioned on every package.
Explanation I.- If any name and address of a company is mentioned on the label
without any qualifying words 'manufactured by' or 'packed by', it shall be presumed that
such name and address shall be that of the manufacturer and the liability shall be
determined accordingly;
Explanation II. - If the brand name and address of the brand owner appear on the
label as a marketer, then the brand owner shall be held responsible for any violation of
these rules and action as may be required shall be initiated against the deemed
manufacturer and in the event of more than one name and address appearing in the
label, prosecution shall be launched against the manufacturer indicated on the label in
the first place and not against all of them.
Explanation III. - In respect of packages containing food articles, the provisions of
this sub-rule shall not apply, and instead, the requirement of the Prevention of Food
Adulteration Act, 1954 (37 of 1954) and the rules made there under shall apply
(b) The common or generic names of the commodity contained in the package and in
case of packages with more than one product, the name and number or quantity of
each product shall be mentioned on the package.
(c) The net quantity, in terms of the standard unit of weight or measure, of the
commodity contained in the package or where the commodity is packed or sold by
number, the number of the commodity contained in the package shall be mentioned.
(d) The month and year in which the commodity is manufactured or pre-packed or
imported shall be mentioned in the package.
Provided that for packages containing food articles, the provisions of the Prevention of
Food Adulteration Act 1954 (37 of 1954) and the rules made there under shall apply;
Provided further that nothing in this sub-clause shall apply in case of packages
containing seeds which are labeled and certified under the provisions of the Seeds Act,
1966 (54 of 1966) and the rules made there under;
Provided that a manufacturer may indicate the month and year using a rubber stamp
without overwriting.
Provided also that for packages containing cosmetics products, the provisions of the
Drugs and Cosmetics Rules, 1945 shall apply.
(e) the retail sale price of the package;
Provided that for packages containing alcoholic beverages or spirituous liquor, the State
Excise Laws and the rules made there under shall be applicable within the State in
which it is manufactured and where the state excise laws and rules made there under
do not provide for declaration of retail sale price, the provisions of these rules shall
apply.
(f) 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 shall be
mentioned.
(g) such other matter as are specified in these rules:
Provided that --
(A) no declaration as to the month and year in which the commodity is manufactured or
pre-packed shall be required to be made on--
(i) any package containing bidis or incense sticks;
(ii) any domestic liquefied petroleum gas cylinder of 14.2kg or 5kg, bottled and
marketed by a public sector undertaking;
(B) where any packaging material bearing thereon the month in which any commodity
was expected to have been pre-packed is not exhausted during that month, such
packaging material may be used for pre-packing the concerned commodity produced or
manufactured during the next succeeding month and not there after, but the Central
Government may, if it is satisfied that such packaging material could not be exhausted
during the period aforesaid by reason of any circumstance beyond the control of the
manufacturer or packer as the case may be extend the time during which such
packaging material may be used, and , where any such packaging material is exhausted
before the expiry of the month indicated thereon, the packaging material intended to be
used during the next succeeding month may be used for pre-packing the concerned
commodity;
Provided that the said provision shall not apply to the packages containing food
products, where the 'Best before or Use before' period is ninety days or less from the
date of manufacture or packing.'
(C) no declaration as to the retail sale price shall be required to be made on
(i) any package containing bidi;
(ii) any domestic liquefied petroleum gas cylinder of which the price is covered under
the Administrative Price Mechanism of the Government.
Explanation I: The month and the year in which 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 package shall bear the name, address, telephone number, e mail address, if
available, of the person who can be or the office which can be, contacted, in case of
consumer complaints.
(3) It shall not be permissible to affix individual stickers on the package for altering or
making declaration required under these rules:
Provided that for reducing the Maximum Retail Price (MRP), a sticker with the revised
lower MRP (inclusive of all taxes) may be affixed and the same shall not cover the MRP
declaration made by the manufacturer or the packer, as the case may be, on the label
of the package.
(4) Where a commodity consists of a number of components and these components are
packed in two or more units, for sale as a single commodity, the declaration required to
be made under sub-rule (1) shall appear on the main package and such package shall
also carry information about the other accompanying packages or such declaration may
be given on individual packages and intimation to that effect may be given on the main
package and if the components are sold as spare parts, all declarations shall be given
on each package.
18. Provisions relating to wholesale dealer and retail dealers.-(1) No wholesale
dealer or retail dealer or importer shall sell, distribute, deliver, display or store for sale
any commodity in the packaged form unless the package complies with in all respects,
the provisions of the Act and these rules.
(2) No retail dealer or other person including manufacturer, packer, importer and
wholesale dealer shall make any sale of any commodity in packed form at a price
exceeding the retail sale price thereof.
27. Registration of manufacturers, packers and importers.-
(1) Every individual, firm, Hindu undivided family, society, company or corporation who or which
pre-packs or imports any commodity for sale, distribution or delivery shall make an application,
accompanied by a fee of rupees five hundred, to the Director or the Controller 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 or importing any commodity at the commencement of
these rules, within ninety days from such commencement; or
(ii) in the case of any applicant who or which commences pre-packing or importing of any
commodity after the commencement of these rules, within ninety days from the date on which he
or it commences such pre-packing.
28. Registration of shorter address permissible.-(1) It shall be lawful for any manufacturer or
packer to make an application to the Director or the Controller for the registration of a shorter
address.
33. Penalty for contravention of Rules
(1) Whoever contravenes the provisions of rules 27 to 32, he shall be punished with fine of four
thousand rupees.
(2) Whoever contravenes any other provision of these rules, for the contravention of which no
punishment has been provided either in the Act or in the rules he shall be punished with fine of two
thousand rupees. more
(Few Section in brief)
6. Declarations to be made on every package. - (1) (a) the name and address of
the manufacturer, or where the manufacturer is not the packer, the name and address
of the manufacturer and packer and for any imported package the name and address of
the importer shall be mentioned on every package.
Explanation I.- If any name and address of a company is mentioned on the label
without any qualifying words 'manufactured by' or 'packed by', it shall be presumed that
such name and address shall be that of the manufacturer and the liability shall be
determined accordingly;
Explanation II. - If the brand name and address of the brand owner appear on the
label as a marketer, then the brand owner shall be held responsible for any violation of
these rules and action as may be required shall be initiated against the deemed
manufacturer and in the event of more than one name and address appearing in the
label, prosecution shall be launched against the manufacturer indicated on the label in
the first place and not against all of them.
Explanation III. - In respect of packages containing food articles, the provisions of
this sub-rule shall not apply, and instead, the requirement of the Prevention of Food
Adulteration Act, 1954 (37 of 1954) and the rules made there under shall apply
(b) The common or generic names of the commodity contained in the package and in
case of packages with more than one product, the name and number or quantity of
each product shall be mentioned on the package.
(c) The net quantity, in terms of the standard unit of weight or measure, of the
commodity contained in the package or where the commodity is packed or sold by
number, the number of the commodity contained in the package shall be mentioned.
(d) The month and year in which the commodity is manufactured or pre-packed or
imported shall be mentioned in the package.
Provided that for packages containing food articles, the provisions of the Prevention of
Food Adulteration Act 1954 (37 of 1954) and the rules made there under shall apply;
Provided further that nothing in this sub-clause shall apply in case of packages
containing seeds which are labeled and certified under the provisions of the Seeds Act,
1966 (54 of 1966) and the rules made there under;
Provided that a manufacturer may indicate the month and year using a rubber stamp
without overwriting.
Provided also that for packages containing cosmetics products, the provisions of the
Drugs and Cosmetics Rules, 1945 shall apply.
(e) the retail sale price of the package;
Provided that for packages containing alcoholic beverages or spirituous liquor, the State
Excise Laws and the rules made there under shall be applicable within the State in
which it is manufactured and where the state excise laws and rules made there under
do not provide for declaration of retail sale price, the provisions of these rules shall
apply.
(f) 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 shall be
mentioned.
(g) such other matter as are specified in these rules:
Provided that --
(A) no declaration as to the month and year in which the commodity is manufactured or
pre-packed shall be required to be made on--
(i) any package containing bidis or incense sticks;
(ii) any domestic liquefied petroleum gas cylinder of 14.2kg or 5kg, bottled and
marketed by a public sector undertaking;
(B) where any packaging material bearing thereon the month in which any commodity
was expected to have been pre-packed is not exhausted during that month, such
packaging material may be used for pre-packing the concerned commodity produced or
manufactured during the next succeeding month and not there after, but the Central
Government may, if it is satisfied that such packaging material could not be exhausted
during the period aforesaid by reason of any circumstance beyond the control of the
manufacturer or packer as the case may be extend the time during which such
packaging material may be used, and , where any such packaging material is exhausted
before the expiry of the month indicated thereon, the packaging material intended to be
used during the next succeeding month may be used for pre-packing the concerned
commodity;
Provided that the said provision shall not apply to the packages containing food
products, where the 'Best before or Use before' period is ninety days or less from the
date of manufacture or packing.'
(C) no declaration as to the retail sale price shall be required to be made on
(i) any package containing bidi;
(ii) any domestic liquefied petroleum gas cylinder of which the price is covered under
the Administrative Price Mechanism of the Government.
Explanation I: The month and the year in which 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 package shall bear the name, address, telephone number, e mail address, if
available, of the person who can be or the office which can be, contacted, in case of
consumer complaints.
(3) It shall not be permissible to affix individual stickers on the package for altering or
making declaration required under these rules:
Provided that for reducing the Maximum Retail Price (MRP), a sticker with the revised
lower MRP (inclusive of all taxes) may be affixed and the same shall not cover the MRP
declaration made by the manufacturer or the packer, as the case may be, on the label
of the package.
(4) Where a commodity consists of a number of components and these components are
packed in two or more units, for sale as a single commodity, the declaration required to
be made under sub-rule (1) shall appear on the main package and such package shall
also carry information about the other accompanying packages or such declaration may
be given on individual packages and intimation to that effect may be given on the main
package and if the components are sold as spare parts, all declarations shall be given
on each package.
18. Provisions relating to wholesale dealer and retail dealers.-(1) No wholesale
dealer or retail dealer or importer shall sell, distribute, deliver, display or store for sale
any commodity in the packaged form unless the package complies with in all respects,
the provisions of the Act and these rules.
(2) No retail dealer or other person including manufacturer, packer, importer and
wholesale dealer shall make any sale of any commodity in packed form at a price
exceeding the retail sale price thereof.
27. Registration of manufacturers, packers and importers.-
(1) Every individual, firm, Hindu undivided family, society, company or corporation who or which
pre-packs or imports any commodity for sale, distribution or delivery shall make an application,
accompanied by a fee of rupees five hundred, to the Director or the Controller 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 or importing any commodity at the commencement of
these rules, within ninety days from such commencement; or
(ii) in the case of any applicant who or which commences pre-packing or importing of any
commodity after the commencement of these rules, within ninety days from the date on which he
or it commences such pre-packing.
28. Registration of shorter address permissible.-(1) It shall be lawful for any manufacturer or
packer to make an application to the Director or the Controller for the registration of a shorter
address.
33. Penalty for contravention of Rules
(1) Whoever contravenes the provisions of rules 27 to 32, he shall be punished with fine of four
thousand rupees.
(2) Whoever contravenes any other provision of these rules, for the contravention of which no
punishment has been provided either in the Act or in the rules he shall be punished with fine of two
thousand rupees. more
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View all 8 comments Below 8 comments
First of when go to purchase a water bottle or any eatable for which they charge more the shopkeeper don't provide any type of bill and if you will get the bill we don't know where to complain and if you go to complain they don't have time to accept your complain. So in each and every malls theatres Govt. should make compulsory to mention the local authority no where all can complain. more
Mar 04
If overcharged by or at the Cinema theatres, Malls,etc., as stated by Mr.Mohit Pande, one should obtain the Cash Receipt and then lodge a complaint with the local District Consumer Disputes Redressal Forum claiming compensation and other reliefs. I recall that different Consumer Fora had in the past ordered in favour of consumers who were similarly overchaged at the Malls/Cinema Theatres for water bottles and other eatables. Problem is that affected consumers seldom resort to legal remedies because of which such open looters are encouraged. more
Mar 03
Change Rules of Packaged Commodities Act Yesterday we had to pay Rs.50 for a half litre (500 ml) water bottle of Himalayan Brand inside a Cinema in a Mall. The MRP printed on the bottle was Rs.50 with a note "For Select Institutional Sale Only". The half litre bottle of water is available at any shop at a MRP of Rs.10. The Packaged Commodities Act was passed by the Parliament making it compulsory to print MRP, Date of Packaging and Date of Expiry for the benefit of Consumers. But the Babus who Notified the Rules for the implementation of the Act, deliberately created a LOOP HOLE to be exploited by Manufacturers/Packagers. This loop hole allows printing of a higher MRP for "Select Institutional Sale". This is nothing but Extortion of Consumers at Malls, Cinema Halls and Airports by using this Legal provision of printing a very high MRP for the same product of same quantity. Only question which needs to be answered is "How this Loot is Shared". We request Local Circles to kindly bring this issue to the notice of Government so that the Rules permitting corrupt practice of printing Dual MRP are changed by Parliament during the Budget Session to protect the Consumers. more
Mar 03
Flouting the rules have become a common practice,as punishment are not severe.Also corrupt officials take bribe and let culprit go. more
Mar 03
