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Metrology Organisation |
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Directorate
of Legal
Metrology
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As a part of consumer protection,weights & measures
play a key role in India like any other state with good governance. Our Parliament
has enacted the following legislations on weights and measures (now renamed As Legal
Metrology) some of which are relevant here: |
1)Standards of Weights and Measures Act, 1976.
2)Standards of Weights and Measures(Enforcement) Act,1985.Correspondingly the Central
Govrnment made some rules the two of which are worth mentioning in this connection
namely:
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1)Standards of Weights and Measures ( Packaged
Commodities) Rules,1977.
2)Standards of Weights and Measures(General)Rules,1987.
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The enactment of 1976 lays down the standards of weights and measures and regulates
inter-sate trade and commerce in weights, measures and other goods which are sold,
or distributed by weights, measures or number. On the other hand, the enactment
of 1985 enforces those standards of Weights and Measures in the trade and commerce
with in a state. This task of enforcement is entrusted with the Directorate of Legal
Metrology in each state which is essentially a 3-tier Organisation comprising
Inspectors of legal Metrology at the field level, Assistant Controller of Legal
Metrology at the district level and Controller of Legal Metrology with four Deputy
Controllers sitting at the State Level. The State Governments are further empowered
to frame the rules in pursuance of which the West Bengal Standards of Weights &
Measures (Enforcement) Rules 1990 which was framed by our State Government. The technical
requirements for a weight or measure to become a standard weight or measure are
fully explained by the General Rules 1987.
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It may not be out of place to mention that Legal Metrology ,as defined by the International
Organisation Of Legal Metrology (OIML) is that part of metrology (science of measurement)
which is related to units of weights and measures, methods of measurement and weighing
and measuring instrument and is concerned with The technical requirements and statutory
provisions to safeguard the public from the point of view of security and accuracy
of measurement.
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Legal
Provisions on
Packaged Commodities
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The present day world has witnessed a tremendous use of
packaged commodities because of the ease with which they can be transported and
marketed. This in turn necessitated the regulation of the indication or declaration
of net weight or measure of a commodity contained in a package. Such regulations
are necessary to ensure that the manufacturers or packers do not deceive the customers
by mentioning false weight, measure or number on the package. It also offers the
customer an opportunity of making an assessment as to the comparative advantages
or disadvantages while purchasing a particular package. Most of the advanced countries
have already enacted legislation regulating trade and commerce in packaged commodities
in line with the recommendations of the International Organisation of Legal Metrology
(OIML) which makes the policy decision on metrological standards. India being a
member State, has also taken steps to give effect to these recommendations by way
of their incorporation into its legal frame-work.
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Section 39 of the Act of 1976 (Standards Act) lays down provisions for commodities
in packaged form intended to be sold, or distributed in the course of inter-state
trade or commerce. It says among other thing that “No person shall make, manufacture,
pack sell, distribute or delivery any commodity in packaged form unless such package
bears a definite and conspicuous declaration as follows:
The identity of the commodity in the package The
net quantity of the commodity in terms of standards unit of weight or measure. Where
the commodity is packaged or sold by number, the accurate number of the commodity
contained in the package. Name & Address of the Manufacturers on Packs. The
sale price of the package.
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Procedural
Aspects of
Packaged Commodities
Law
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To give proper shape and content to the provisions of section
39 of the Standards Act, the Central Government made a comprehensive Rules known
as the Standards of Weights and Measures (Packaged Commodities) Rules 1977 in exercise
of the powers delegated to it under section 83 of the Act.
The packaged commodities Rules 1977 consists of 40 Rules distributed in six chapters
and eleven schedules The most important of which are discussed briefly hereunder regarding the Standards of Weights and Measures (Packaged Commodities) Rules, 1977, Current Amendments.
For details and upto date information please contact
www.fcamin.nic.in
Definition & application:
It provides for the definition of some important terms occurring in the Rules viz that
of combination package, group package, retail package, wholesale dealer etc.
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Legal
Provisions Regarding
Packages Intended
For Retail
Sale
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Among these, rule 6 deserve
to be mentioned. It says that every package shall bear thereon a definite and conspicuous
declaration as to:
a)The name and address of the manufacturer or packer where the
manufacturer is not the packer.
b)The common or generic name of the commodity contained in the
package.
c)The net quantity of the commodity in terms of standard unit
of weight or measure.
d)The month and year in which the commodity is manufactured
or pre-packed.
e)The retail sale price of the package as are specified in these
rules.
f)Consumer complaint cell, Name or designation of a person or office address, Telephone no, e-mail address if available.
g)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 each such different piece.
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Rule 8 :- provides where the said declaration to appear on a
package.
Rule 9 :– lays down the manner in which such
declaration are to
be made.
It is provided in rule 11(4) that the declaration of quantity in
relation to commodities which are likely to undergo significant
variations in weight or measures on account of environmental or other conditions
may be qualified by the words and when such
qualification
is made , the package containing such commodity shall also bear thereon
information with regard to the manner specified in the Fourth Schedule. As
per Fourth Schedule , in the case of fertiliser
an additional information as regards its “Nutrient content “ is to be stated
on the package.
Rule 23 :- says inter-alia that no wholesale dealer or retail dealer
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 .
Sub–rule (2) of rule23 says
that no dealer or other person including manufacturer, packer,
and wholesale dealer shall make any sale of
any commodity in packed form at a price
exceeding the retail sale price thereof.
Rule 26 :- Action to be taken with regard to packages
examined at the premises of the wholesale dealer or retail dealer.The procedure for examination of and determination of quantity
and
error in packages at the premises of
the manufacturer or packerand action
to be taken on completion of such examination
are prescribed in rule 24 and 25 of the said Rules alongwith tenth schedules.
Provisions applicable to wholesale
packages : Rule 29 provides that
Every wholesale package shall bear there on a legible ,plain and conspicuous declaration
as to –
a) the name and address of the manufacturer or where
the manufacturer is not the packer ,of the packer.
b) the identity of the commodity contained in the package.
c) the
total number of retail packages contained in such
whole-sale package or the net quantity in terms of standard units
of weights, measures or number, of the commodity contained
in wholesale package.
Rule 35 : Registration of Manufacture /Packer/Importer.
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Provisions,
Exemption & Relaxation
In Respect
Of Certain
Package
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Rule 34: Exemption in respect of certain packages.-
Nothing contained in these rules shall apply to any package containing a commodity
if-
a. Omitted vide GSR 425(E)
dated- 17.07.06.
b. the net weight or measure
of the commodity is ten gram or ten millilitre or less, if sold by weight or measure.
c. Omitted vide GSR 140(E)
dated- 07.03.97.
d. any package containing
fast food items packed by restaurant/hotel and the like.
e. it contains scheduled
formulations and non-scheduled formulations covered under the Drugs (Price Control)
Order, 1995 made under section 3 of the Essential Commodities Act, 1955 (10
of 1955).
f. agricultural fram produces
in packages of above 50 kg.
Under rule 40 the Central Govt. if satisfied on
genuineness of the reason stated in the application, permit a manufacturer/packer to pack for
sell packages on which corrective actions
are to be
taken after a compounding or a court decision for a reasonable period relaxing
any or all the provisions of these rules.
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Remedies For
Breach ofLegalProvisions
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In case of violations of the legal provisions, the following persons have been authorized
under section 72 of the act to file a complaint in a court of law :-
1. The Director of Legal Metrology.
2. Any other authorized officer
like the inspector of Legal Metrology
3. Any person aggrieved ; or
4. A recognized consumer association whether the person aggrieved
is a member of such association or not ;
A court not inferior to that of a Metropolitan
Magistrate of the first class is empowered to try such offences. Offences may also
be tried summarilyby Magistrate and
in the case no sentence of imprisonment
for a term exceedingone year shall
be passed in case of any conviction.
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In a Nutshell
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From the aforesaid discussion
we may conclude that the Packaged commodities Rules 1977 is a landmark in the field of consumer welfare
legislation covering almost all aspects of packaged commodities as far as regulation
of weight or measures of such commodities are concerned. Several amendments have
been made to these rules from time to time to make it more effective. Measures
of consumer protection in the Packaged Commodities Rules have been able to curb
to a considerable extent the malpractices resorted to by unscrupulous traders to
deceive the purchasers by making false declarations etc.
Finally, experience shows that no statute
or rule can be of much help unless there is considerable awareness on the
part of the persons for whose benefit it is made and we have noted that law also authorised the aggrieved
party to lodge a complaint. Considering the large illiterate mass of our country ,adequate
publicity of the laws and regulations relating to Weights and Measures together
with their effective implementation by the Governmental machinery is sine quenon
for proper enforcement of law relating to packaged commodities to ensure welfare
orientedconsumer justice which assumed
great significance in our contemporary society.
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