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PC Rules Over View
PC Rules Over View
Introduction
Metrology is the science of weights and measures or of measurement and relates to a system of
weights and measures. As per the International Bureau of Weights and Measures the same is
define Metrology to include theoretical & practical problems, the realization of the units of
measurement and their physical representation as well as measuring instruments & their field of
application. Legal Metrology is the name given to all applied metrology subjected to regulations
by law or government decree. In India the law relating to the same was initially covered under
the Standards of Weights and Measures Act, 1976, but due to the need for a more
comprehensive law, the same was replaced by the Legal Metrology Act, 2009 (Hereinafter
referred to as “The Act”)which came into effect on 01.04.2011.
The main aim of the act as provided in the long title itself is to establish and enforce standards of
weights and measures, regulate trade and commerce in weights, measures and other goods
which are sold or distributed by weight, measure or number and any other matter that is
connected to the same. Under the Legal Metrology Act, 2009, the Central Government was
empowered to make rules in relation to the standard quantities or number and manner in which
declarations, as prescribed under the said Act that are necessary to be made on pre-packaged
goods, are to be mentioned. For this purpose, The Legal Metrology (Packaged Commodities)
Rules, 2011 (hereinafter referred to as “The Rules”) was made and put into effect from
06.06.2013.
Pre-Packed Commodities
Pre-Packaged Commodities have been defined under The Act to mean:
As the definition clearly states, a pre-packaged commodity is packed before the purchaser is
present and contains a pre-determined quantity of the goods sought to be sold. In such cases,
the purchaser would not be in a position to understand what the product he is purchasing and
without proper declarations the purchaser would not receive what he wanted to receive. Due to
the same the Legal Metrology Act, 2009 under Section 18 prescribed declarations to be made on
pre-packaged commodities. Section 18 Provides the following:
1. No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or
possess for sale any pre-packaged commodity unless such package is in such standard
quantities or number and bears thereon such declarations and particulars in such
manner as may be prescribed.
2. Any advertisement mentioning the retail sale price of a pre-packaged commodity shall
contain a declaration as to the net quantity or number of the commodity contained in
the package in such form and manner as may be prescribed.”
The particulars as are required to be declared on the packaging as prescribed in the
abovementioned Section are more specifically provided for in the Legal Metrology (Packaged
Commodities) Rules, 2011.
All forms of business or persons who are pre-packing goods are required to get registration of
their name and complete address along with a fee of Rs. 500 to the Director of Controller. All
applications must contain the name, the address and the commodities that are pre-packed by
the person or business. If all the particulars are provided, then the registration is granted within
7 days of the application.
Even though the Rules give a wide ambit to the products that are required to be packed ad sold
under retail sale certain exemptions to the applicability of the Rules have also been culled out.
Under Rule 3 of the Rules, the exclusions from the scope of the said Chapter has been provided
as follows:
Further the said rule also excludes industrial and institutional consumers who are defined under
Rule 2 to mean consumers who directly deal with the manufacturer to obtain the product, and
where the products are not obtained by way of retail sale in any manner or form.
General Exemptions to the said rules are also provided under Chapter V of the said Rules,
wherein under Rule 26 it provides that :
“Nothing contained in these rules shall apply to any package containing a commodity if-
The net weight or measure of the commodity is ten gram or ten milliliter or less, if sold
by weight or masure
Any package containing fast food items packed by restaurant or hotel and the like;
It contains scheduled formulation and non-scheduled formulations covered undere the
Drugs (Price Control) Order, 1995 made under Section 3 of the Essential Commodities
Act, 1955;
Agricultural farm produces in packages of above 50 kg.”
In cases where the packages are of 5 cubic cm or less, then even mark or inscription that would
enable the customers to identify the manufacturer would be sufficient for compliance with the
said declaration. Further it is provided under Rule 10 that the complete address ought to be
provided including the postal code which would enable the customer to identify to a great degree
where the office of the manufacturer is. Further it has been clarified that the address of the
manufacturer or the packer or importer does not specifically have to be that of the factory
premises, but can also be the registered office of the said concern. This would ensure uniformity
in the declarations made on the packages and separate factory or premises address need not be
mentioned on products made in different places.
This is also to be mentioned in the case of wholesale packages as provided under Chapter III,
Rule 24.
This is also to be mentioned in the case of wholesale packages as provided under Chapter III,
Rule 24.
This is also to be mentioned in the case of wholesale packages as provided under Chapter III,
Rule 24.
Seria
Minimum Height in mm
l No.
Net Quantity in
weight/volume When molded, perforated, embossed,
Normal Case
formed, blown
Upto 200 g /
1 1 2
ml
Above 200 g
2 and upto ml < 2 4
500 g / ml
Above 500 g /
3 4 6
ml
1. In the case of where net quantity is declared in terms of weight and volume
2. In cases where the net quantity is declared in terms of length, area or number
Serial
Minimum Height in mm
No
Net Quantity
Normal When molded, perforated, embossed,
Case formed, blown
Above 100cm2
2 4
upto 500 cm2
In addition it is provided under Rule 9 that every declaration made under these rules must be
legible and prominent, and the numerals of the retail sale price and net quantity declaration shall
be printed, painted or inscribed in the package in a color that is contrasts conspicuously with the
background label. This is not required in the case where details are the case of blown, formed,
molded embossed or perforated on container. The Rules also mention that in the case of
packages which have an outer layer covering, the declarations as required shall be placed on the
outer cover as well. This is not required where the outer covering allows for the inner cover and
the declarations on the same to be visible.
Rule 12 provides for the manner in which quantities are to be declared. As per the said Rule, in
cases other than ones mentioned in the 4 th Schedule to the said Rules, the declaration of quantity
shall be in the terms of units as specified herein:
Mass, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid;
Length, if the commodity is sold by linear measure;
Area, if the commodity is sold by area measure;
Volume, if the commodity is liquid or is sold by cubic measure; or
Number, if the commodity is sold by number.
Where the declarations made in relation to the quantity is not sufficient to impart the complete
information with regard to the product, declarations regarding the dimensions and the number of
packages or any other declaration as may be necessary may be provided. Any other declaration
shall also be placed along with the declarations as made regarding the quantity. In the case of
packages having less than 5 cubic cm of surface area, the declaration shall be made on a sticker
or a tape and shall be placed in such a manner so as to ensure that the same needs to be
removed at the time of opening the container.
Further when expressing quantity as units of weight measure or number, the same shall be
expressed in he following manner where the quantity is less than:
Rule 32 provides for penalty by way of fine of Rs. 4,000/- for contravention of provisions in Rule
27 to 31. Where no provision for punishment is provided the penalty shall be Rs. 2,000/-.
Every decision or order of an officer of Legal Metrology will be appealable to the next higher
authority within 60 days of passing the order or decision. The Central or the State Government
may call for records from its officer for examination and passing appropriate orders.
Conclusion
The Legal Metrology(Packaged Commodities) Rules, 2011 aims to ensure that the process of
making declarations on pre-packaged goods is achieved in an easy manner. Even though the
rules seem strict, it provides the basic parameters that are required for the purpose and manner
of making declarations. The rules are specific with the requirements and as to what comes under
it ambit and the exclusions to the same. Further the rule has considered many different
possibilities and provided for the same. But while, the declarations and manner in which
declarations are to be made are provided in depth, the penal provisions for failure to do so are
rather lax. This would be the biggest weakness of the rules, as the punishments and procedure
in case of incorrect declarations are not heavy and for larger companies the same are at best a
mild annoyance. The major reason for the same could also be to ensure that the officer
appointed under the Act for the purpose of enforcing the Act and the Rules are not powerful
enough under the Act to hold companies for ransom where oversight is lax.
The Legal Metrology (Packaged Commodities) Rules, 2011 plays a major role in ensuring that the
consumers are aware of what they are purchasing and are not cheated by unscrupulous
manufacturers. The Act and Rules therefore serve a great purpose in the society by allowing the
purchasers to have greater information into what they are purchasing and where there is an
issue with the purchase also tries to provide an avenue for complaints. The said rules are part of
the beneficial legislation passed along with the Legal Metrology Act, 2009 to provide an easy and
modern set of rules for ensuring the protection of purchasers.