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Chapter VII — General

Advertisements, penalty for contravention of the rules, power to relax, and repeal and savings. Rules 31 to 34.

GENERAL

Rule 31. Advertisements

(1) Any advertisement mentioning the retail sale price of the pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package.

(2) The font size of the net quantity in the advertisement shall be same as that of retail sale price.

Rule 32. Penalty for contravention of Rules

(1) Whoever contravenes the provisions of rules 27 to 31, 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.

Rule 33. Power to relax

(1) The Central Government may, after ascertaining the genuineness of the compounding of a case or Court decision stated in the application, permit a manufacturer or packer to pack for sale the packages for a reasonable period by relaxing one or more provision of these Rules with such corrective measures as may be specified.

(2) The Central Government may, after ascertaining the genuineness of a case stated in the application permit a manufacturer or packer or importer to pack or sell of the packages other than specified in the Second Schedule for a maximum period of one year by relaxing the rules.

Rule 34. Repeal and savings

(1) The Standards of Weights and Measures (Packaged Commodities) Rules, 1977 are hereby repealed.

Provided that such repeal shall not affect:

(a) the previous operations of the said rules or anything done or omitted to be done or suffered therein; or

(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said rules; or

(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said rules; or

(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.

And any such investigation, legal proceedings or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed as if the said rules had not been rescinded.

(2) Notwithstanding such repeal anything done or any action taken or purported to have been done or taken including approval of letter, exemption granted, fees collected, any adjudication, enquiry or investigation commenced, license and registration of manufacturers, dealers, importers of pre-packaged commodities, or show cause notice, decision, determination, approval, authorization issued, given or done under the said rules shall if in force at the commencement of the said rules continue to be in force and have effect as if issued, given or done under the corresponding provisions of these rules.

(3) The provisions of these rules shall apply to any application made to the Central Government or as the case may be the State Government under the said rules for licence, registration of manufacturers, importers, dealers of pre-packaged commodities pending at the commencement of these rules and to any proceedings consequent thereon and to any registration granted in pursuance thereof.

(4) Any legal proceeding pending in any court under the said rules at the commencement of these rules may be continued in that court as if these rules had not been framed.

(5) Any appeal preferred to the Central Government or as the case may be the State Government under the said rules and pending shall be deemed to have been made under the corresponding provisions of these rules.

Amendment history

NotificationDateEffect on this Chapter
G.S.R. 427(E)5 June 2012Rule 33 renumbered as sub-rule (1); sub-rule (2) inserted
G.S.R. 359(E)6 June 2013Sub-rule (3) inserted in rule 32 — sum of compounding of offences
G.S.R. 226(E)28 March 2022Rule 33 sub-rule (2) omitted. Not applied — see sanchika/CORPUS.md