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Chapter II — Dealers, inspection and permissible error

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    03 Aug 2026, 04:33 · 1 change
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    03 Aug 2026, 04:32 · 68 changes
    AmendmentG.S.R. 202(E)
    The date it took effect is not stated in the record.
    The Legal Metrology (Packaged Commodities) Rules, 2011 as notified vide G.S.R. 202(E) dated the 7th March, 2011 (40 pages)
    Entered the record without a proposal — a seed, an import or a direct write to the repository. No approval is attached to it.

This page as consolidated text

The text as it currently stands, with each clause traced to the step that put it there. 54 of 54 clauses came in through an amending instrument.

  1. Rule 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 …
    Amended
    G.S.R. 202(E)
  2. Rule 18. Provisions relating to wholesale dealer and retail dealers
    (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 reta…
    Amended
    G.S.R. 202(E)
  3. Rule 18. Provisions relating to wholesale dealer and retail dealers
    (3) Where, after any commodity has been pre-packed for sale, any tax payable in relation to such commodity is revised, the retail dealer or any other person shall not make any reta…
    Amended
    G.S.R. 202(E)
  4. Rule 18. Provisions relating to wholesale dealer and retail dealers
    Provided that publication in any newspaper, of such revised price shall not be necessary where such revision is due to any increase in, or imposition or, any tax payable under any …
    Amended
    G.S.R. 202(E)
  5. Rule 18. Provisions relating to wholesale dealer and retail dealers
    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 t…
    Amended
    G.S.R. 202(E)
  6. Rule 18. Provisions relating to wholesale dealer and retail dealers
    Provided also that where the revised prices are lower than the price marked on the package, the retail dealer or other person shall not charge any price in excess of the revised pr…
    Amended
    G.S.R. 202(E)
  7. Rule 18. Provisions relating to wholesale dealer and retail dealers
    (4) Nothing in sub-rule (3) 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.
    Amended
    G.S.R. 202(E)
  8. Rule 18. Provisions relating to wholesale dealer and retail dealers
    (5) No wholesale dealer or retail dealer or other person shall obliterate, smudge or alter the retail sale price, indicated by the manufacturer or the packer or the importer, as th…
    Amended
    G.S.R. 202(E)
  9. Rule 18. Provisions relating to wholesale dealer and retail dealers
    (6) The manufacturer or packer or the importer shall not alter the price on the wrapper once printed and used for packing.
    Amended
    G.S.R. 202(E)
  10. Rule 18. Provisions relating to wholesale dealer and retail dealers
    (7) All retailers who are covered under the Value Added Tax (VAT) or Turn Over Tax (TOT) and dealing in packaged commodities whose net content declaration is by weight or volume or…
    Amended
    G.S.R. 202(E)
  11. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (1) With a view to ascertaining whether any package or lot of packages complies with provisions of these rules in all respects, the Director, Controller or any Legal Metrology Offi…
    Amended
    G.S.R. 202(E)
  12. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (2) The Director, Controller or any Legal Metrology Officer shall enter in the Form set out in the Seventh Schedule , the detailed results of the tests carried out by him under sub…
    Amended
    G.S.R. 202(E)
  13. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (3) On the completion of the examination and tests carried out under sub-rule (1), the Director, Controller or any Legal Metrology Officer shall make a report indicating therein hi…
    Amended
    G.S.R. 202(E)
  14. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (4) If it appears from the report referred to in sub-rule (3) that —
    Amended
    G.S.R. 202(E)
  15. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (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…
    Amended
    G.S.R. 202(E)
  16. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (b) any such package shows an error in deficiency greater than the maximum permissible error,
    Amended
    G.S.R. 202(E)
  17. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    the Director, Controller or any Legal Metrology Officer shall, if for good and sufficient reason, requested by the manufacturer or packer or his authorized agent, so to do, take ou…
    Amended
    G.S.R. 202(E)
  18. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    Provided that where fresh tests are carried out, no package contained in the lot, which was previously tested under this rule, shall be sold or distributed by the manufacturer or p…
    Amended
    G.S.R. 202(E)
  19. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (5) (a) Where, as a result of any test carried out under this rule, it is found that any package contained in the lot does not conform to all or any of the provisions of the Act or…
    Amended
    G.S.R. 202(E)
  20. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (b) When the Director, Controller or any Legal Metrology Officer is satisfied that the packages picked out by the manufacturer or packer conforms to all the provisions of the Act a…
    Amended
    G.S.R. 202(E)
  21. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (c) 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 or of the provisions of the Act or of thes…
    Amended
    G.S.R. 202(E)
  22. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (6) A lot 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 —
    Amended
    G.S.R. 202(E)
  23. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (a) the statistical average of the net quantity contained in the sample packages is equal to, or more than, the quantity declared on the package or on the label affixed thereto;
    Amended
    G.S.R. 202(E)
  24. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (b) the extent of error in deficiency in none of such sample packages exceeds the maximum permissible error;
    Amended
    G.S.R. 202(E)
  25. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (c) each such package bears thereon or on a label affixed thereto the declarations required to be made under these rules.
    Amended
    G.S.R. 202(E)
  26. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (7) The requirement of mandatory declarations on the packages shall be ensured either at the factory level or at the depot of the factory.
    Amended
    G.S.R. 202(E)
  27. Rule 19. Inspection of quantity and error in packages at the premises of the manufacturer or packer
    (8) For non-compliance of the provisions of this rule, action may be taken after seizing five representative samples of the packages as evidence and the rest of the packages may be…
    Amended
    G.S.R. 202(E)
  28. Rule 20. Action to be taken on completion of inspection at the premises of the manufacturer or packer
    (1) If it appears from the report referred to in sub-rule (3) of rule 19 that —
    Amended
    G.S.R. 202(E)
  29. Rule 20. Action to be taken on completion of inspection at the premises of the manufacturer or packer
    (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 aff…
    Amended
    G.S.R. 202(E)
  30. Rule 20. Action to be taken on completion of inspection at the premises of the manufacturer or packer
    (b) any such package does not bear thereon or on label affixed thereto the declarations to be made under these rules,
    Amended
    G.S.R. 202(E)
  31. Rule 20. Action to be taken on completion of inspection at the premises of the manufacturer or packer
    the Director, Controller or any Legal Metrology Officer shall take the following action, namely:—
    Amended
    G.S.R. 202(E)
  32. Rule 20. Action to be taken on completion of inspection at the premises of the manufacturer or packer
    (i) seize the packages drawn by him as samples and shall take adequate steps for the safe custody of the seized packages until they are produced in the appropriate court as evidenc…
    Amended
    G.S.R. 202(E)
  33. Rule 20. Action to be taken on completion of inspection at the premises of the manufacturer or packer
    (ii) based on the evidence initiate action for violations of the provisions of the Act and these rules:
    Amended
    G.S.R. 202(E)
  34. Rule 20. Action to be taken on completion of inspection at the premises of the manufacturer or packer
    Provided that no such action shall be taken if fresh tests are carried out under sub-rule (4) of rule 19, but if after such fresh tests any such error or omission as is referred to…
    Amended
    G.S.R. 202(E)
  35. Rule 20. Action to be taken on completion of inspection at the premises of the manufacturer or packer
    (2) The disposal of the seized packages shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).
    Amended
    G.S.R. 202(E)
  36. Rule 21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer
    (1) Ordinarily, any test in 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 —
    Amended
    G.S.R. 202(E)
  37. Rule 21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer
    (i) a complaint is received by the Director or the Controller or any Legal Metrology Officer to the effect that the package sold or delivered to the complainant does not contain th…
    Amended
    G.S.R. 202(E)
  38. Rule 21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer
    (ii) the Director or the Controller or any Legal Metrology Officer has reason to suspect that any package has been tampered with or that there has been any pilferage or leakage of …
    Amended
    G.S.R. 202(E)
  39. Rule 21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer
    (iii) the Director or the Controller or any Legal Metrology Officer and any package, or any label affixed thereto, does not bear thereon all or any of the declarations which are re…
    Amended
    G.S.R. 202(E)
  40. Rule 21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer
    (2) Where any test is carried out in pursuance of the provisions of sub-rule (1), the Director, Controller or any Legal Metrology Officer shall verify whether the quantity containe…
    Amended
    G.S.R. 202(E)
  41. Rule 21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer
    (3) Where the Director, Controller or any Legal Metrology Officer finds on a test carried out under this rule that the error in deficiency in any package kept or stored for sale, d…
    Amended
    G.S.R. 202(E)
  42. Rule 21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer
    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, Controller or any L…
    Amended
    G.S.R. 202(E)
  43. Rule 21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer
    (4) Where as a result of any test made under this rule, it is found that the net quantity contained in the package conforms to the declared quantity or where there is a deficiency,…
    Amended
    G.S.R. 202(E)
  44. Rule 21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer
    (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 t…
    Amended
    G.S.R. 202(E)
  45. Rule 22. Establishment of maximum permissible error on package
    (1) The maximum permissible error in relation to the commodities shall be such as is indicated in the First Schedule .
    Amended
    G.S.R. 202(E)
  46. Rule 22. Establishment of maximum permissible error on package
    (2) 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 …
    Amended
    G.S.R. 202(E)
  47. Rule 22. Establishment of maximum permissible error on package
    (a) variations caused by unavoidable deviation in weighing, measuring or counting the contents of individual packages that may occur in good packaging practice;
    Amended
    G.S.R. 202(E)
  48. Rule 22. Establishment of maximum permissible error on package
    (b) variations caused by the ordinary and customary exposure to conditions, such as, climate, transport, storage or the like that normally occur in good distribution practice after…
    Amended
    G.S.R. 202(E)
  49. Rule 22. Establishment of maximum permissible error on package
    (c) variations due to the nature of packaging material or container.
    Amended
    G.S.R. 202(E)
  50. Rule 22. Establishment of maximum permissible error on package
    (3) The Director or Controller or the Legal Metrology officer shall determine, or cause to be determined, in relation to any commodity, the declaration in respect of the net quanti…
    Amended
    G.S.R. 202(E)
  51. Rule 23. 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 Controller or the Legal Metrology officer finds that the quantity contained in the pa…
    Amended
    G.S.R. 202(E)
  52. Rule 23. Deceptive packages to be repacked or in default to be seized
    Explanation: For the purpose of this rule, 'deceptive package' means a package which is so designed as to deliberately given to the consumer an exaggerated or misleading impression…
    Amended
    G.S.R. 202(E)
  53. Rule 23. Deceptive packages to be repacked or in default to be seized
    (2) If the seized packages contain any commodity which is subject to speedy or natural decay, the Director or Controller or the Legal Metrology officer shall dispose of the commodi…
    Amended
    G.S.R. 202(E)
  54. Amendment history
    Notification Date Effect on this Chapter G.S.R. 359(E) 6 June 2013 Sub-rule (8) inserted in rule 18 with effect from 1 July 2013 — check weigher for liquefied petroleum gas cylinde…
    Amended
    G.S.R. 202(E)