Extraordinary Gazette of India, 1992, No. 441

8 Pages·0.4 MB·English

by  Directorate of Printing, Government of India

REGD. No. D.L. 33004\92
The Gazette of India
EXTRAORDINARY
PART II—Section 3—Sub-section (i)
PUBLISHED BY AUTHORITY
No. 29] NEW DELHI, FRIDAY, JAN UARY 17, 1992/PAUSA 27, 1913
Separate Paging is given to this Part in order that it may be filed as a
separate compilation
164 GI/92 (1)
J THF OAZRTTE OF INDIA. EXTRAORbnSTSRY [PART II—SEC. 3(i)]
3
4 THE GAZETTE OF 1NDJA : EXTRAORDINARY [PART II—SEC. 3(i)]
MINISTRY OF CIVIL SUPPLIES', CONSUMER
APFAIRS & PUBLIC DISTRIBUTION
NOTIFICATION
New Delhi, the 17th January, 1992
G.S.R. 50(E).—In exercise of the powers confer-
red by section 83 of the Standards of Weights and
Measures Act, 1976 (60 of W!6), the Central Gov-
ernment hereby makes the following rules further to
amend the Standards of Weights and Measures (Pac-
kaged Commodities) Rules, 1977, namely:—
1.(1) These rules may be called the Standards of
Weights and Measures (Packaged Commodi-
ties) Amendment Rules, 1992.
(2) They shall come inlo force on the date cf
their publication in the Official Gazette.
2. In rule 2 of the Standards of Weights and Mea-
sures (Packaged Commodities) Rules, 1977 (herein
after referred to as the said rules),—
(i) Explanation to clause (1) shall be numbered
as "Explanation I" and after Explanation I,
as so numbered, the following Explanation
shall be inserted, namely :—
'Explanation II : Where a commodity consists
of a number of compcmenls and these
components are packed in one, two or
more units for sale as n single commodity,
such commodity shall be deemed, for the
purpose of these rules, to be a pre-packed
commodity.";
(ii) in clause (r), for the words "Maximum
retail price", the words "Maximum or Max
retail price" shall be substituted.
3. To rule 4 of the said rules, the following ex-
planation shall be added, namely :—
"Explanation : If a separate label is affixed on the
package to provide information required
under these rules, that label shall be affixed
by the manufacturer or packeT and it shall
bear the name or trade mark of the manu-
facturer or packer and the label shall be so
affixed that it does not block the other in-
formation required under these rules."
4- In rule 6 of the said riles —
(i) in sub-rule (1), the word "cheese" where-
ever it occurs shall be omitted;
(ii) after sub-rule (1), the following sub-rule
shall be inserted, namely :—
"(2) Where a commodity consists of a num-
ber of component j and these components
ure packed in two or more units, for sale
as a single commc-lity. the declaration
required to be made under sub-rule (1)
shall appear on the main package end
such main package shall also carry in-
formation about the other accompanying
packages."
5
5. In rule 8 of the said rules, in the proviso to sample, or", the words and figure "the
sub-rule (2), th following clause bhall be inserted, number specified in column 3 of the Table
e
namely :— in the Ninth Schedule, or" thall be substitut-
cd;
"(V) in the case of metallic container if the
net weight or mcasiire of the commodity (ii) after clause (d) and before the proviso, the
contained in the container is two kilogram words "as he may think fit" shall be omit-
or two litre or less, the retail sale price ted.
may be indicated at the bottom, and if such
retail sale price is indicated ai the bottom it
shall be embossed and an indication shall 11. In rule 34 of the said rules, in the Proviso to
be given at the main panel that such retail clause (a), after sub-clause (ii), the following sub-
sale price is indicated at the bottom." clauses shall be inserted, namely :—
"'(iii) any package containing a commodity of
6. In rule 12 of the said ru'e^, in sub-rule (5), in net content of 5 kilograms or 5 litres or less
illustration (c), before tk: words "weight of each and displayed for sale at the retail outlet;
gulabjamun", the word "app.'cjiniate" shall be in-
serted. (iv) any package containing a commodity to be
sold by number or leugth and displayed for
7. In rule 13 of the. said rules, to sub-rule (5), the sale at the retail outlet."
following Proviso shall be added, namely :—
"Provided that the Central Government rnayTtf ^ 12. In the First Schedule to the said rules, against
is satisfied that 1'or any techn.cal or mecha- item 3, in column 3, for the entry, for the words the
nical reason it is not possible to prepack entry "For any quantity" shall be substituted.
any commodity in the standard quantities
13. For the Second Schedule to the said rules, the
specified in the Si.uh Schedule, authorise
following Schedule shall be Mibs'ituied, namely,—
the pre-packing of such commodities in such
numbers as it may specify."
"THE SECOND SCHEDULE
8. In rule 23 of the said rulrs,— [See rule 2(i)(ii)]
(i) for sub-rule (2), tiic following shall be sub-
Maximum permissible error in relation to packaged
stituted, namely,- •
commodities not specified in the First Schedule.
"(2) No retail dealer or other person includ-
ing manufacturer, packer and wholesale 1. Maximum permissible error on net quantity dec-
dealer shall mafcv. any sale of any commo- lared by weight or volume,—
dity in packaged form at a price exceed-
ing Ihe retail sale price thereof."; (1) The maximum permissible error, in excess
or in deficiency, in the net quantity by
(ii) in sub-rule (4), i^i the woiJs "Central weight or volume of any commodity not
Government, Sidle Government and Govern- specified in the First Schedule, shall be as
ment of Union Territories", the words specified in Table I below :—
"Director in the Central Government and
Controllers of legal Metrology in the States
and Union territories" shall be substituted. TABLE I
Maximum permissible errors on net quantities dec-
9. In rule 24 of the said rules,— lared by weight or by volume.
(i) in sub-rule (4),
SI, Declared quantity Maximum permissible eirc r in
(a) in clause (b), for the words "five per cent No, g or ml excess or in deficiency
of the packages drawn as samples, or",
the words and figure "the number speci- As percentage of g or ml
fied in column 3 of the Table in the Ninth declared quantity
Schedule, or" shall be substituted;
(1) 5 to 50 9
(b) in clause (c), for the words "rupees two
hundred and fifty" the words "rupees (ii) 50 to 100 4,5
five hundred" shall be substituted;
(iii) 100 to 200 4.5
(ii) in sub-rule (6), in clause (b), for the words
(iv) 200 to 300 9
"five per cent of the packages selected as
samples", the words and figures "the num- (v) 300 to 500 3
ber specified in column 3 of the Table in (vi) 500 to 1000 15
the Ninth Schedule", shall be substituted.
(vii) 1000 to 10000 1.5
10. In rule 25 of the said rules, in sub-rule (1),— (viti) 10000 to 15000 150
(i) in clause (b), for the words "five per cent
(ix) More than 15000 1,0
of the packages drawn under that rule as
6 THE GAZETTE OF INDIA. EXTRAORDINARY [PART H—SEC. 3(i)]
(2) The maximum permissible error specified as (vi) after serial number 11A and entries relating
percentage shall be rounded oil to the near- thereto, the following shall be inserted,
est one-tenth of a g or ml, for declared namely :—
quantities less than nur equal to 1000 g of
ml and to the next whole g or ml for dec- "1 IB. M-t:rinls which may be 25B-. 50g., lOOg. 200g.
lared quantities above 1000 g or ml. reconstituted as beverages 500g. 1 Kg. and there-
after In multiples of IKg";
2. Maximum permissible error on net quantity dec-
lared by length, area or number,— (vii) against serial number 22, in column 3, the
figures and letter "50g" shall be omitted.
(1) The maximum permissible error, in excess
or in deficiency, in the net quantity declared (viii) serial number 24 and entries relating thereto
in terms of length, area or number of any shall be omitted;
commodity not specified in the First Sche-
dule shall be as specified in Table II (ix) after serial number 34 and entries relating
below :— thereto, the following shall be added,
namely :—
TABLE II "35. Cement 1 kg, 2 kg, 5 kg, 10 kg, 20 \ kg,
50 kg, and thereafter in multi-
Maximum permissible errors on net quantities dec-
ples of 50 kg.
lared by length, area or number.
36. Zurda 50 g, 100 E, 200B. and 500 g.
37. PanMasala 50g,,100g,250g,500g. and 1 kg.
SI. Quantity declared Maximum permissible errcr in
No. excess or in deficiency
38. Paint Varnish etc.
(a) Paint (other than 50ml, 100ml,2('( ml,
(i) in units of length 2% of declared quantity uplo paste paint or solid 500ml, 11,21, 31,41,51
JO metres and thereafter 1% of
paint) varnish, suins, ani thereafter in multiples
declared quantity.
enamels. of 5 litres.
GOin units of area 4% of—jeclared quantity upto
(b) Paste paint and 500 g, 1 kg, 1.5 kg, 2 kg,
10 sq. metres and thereafter
solid paint 3 kg, 5 kg, 7 kg, 10kg
1% of declared quantity.
and thereafter in multi-
(iii) by number 2% of declared quantity.
ples of 5 kg.".
15. For the Ninth Schedule to the said rules, 'the
14. In the Third Schedule to the said rules,— following Schedule shall be substituted, namely :—
(i) against serial number 4, in column 3, the THE NINTH SCHEDULE
figures and letter "250 g" and "400 g" shall
(See rule 24)
be omitted;
Maitiner of Selection of Samples of Packages
(ii) after serial number 4 and entries relating
thereto, the following shall be inserted, 1. For the determination of 'the net quantity for any
namely :— commodity contained in a package, the sample size
shall be such as is specified in the corresponding entry
'in column 2 of the Table below against the ba'tch size
"4A. B'Jtter, cheese and allied 165s, 450g and 825g.";
specified in column 1 of the said Table.
products in open top
sanitary COTS) cans.
TABLE
(iii) against serial number 6 in column 3, the
figures and letter "400g" shall be omitted; Batch size Sample Number of packages
size showing error more than
the maximum permissible
error but less than twice
('ivi after serial number 6 and entries relating
the maximum permissible
'thereto, the following shall be inserted,
error
namely :—
"6A Extruded ready to eat 40K. FOg. 100B. 150B- 1 3
snacks of fluffy mture .LOOg-and 250s."
Less than 4000 32 Not more than 2
More than 4000 SO Not more than 4
(v) against serial number 11, in column 2, for
the entry, the following entry shall be sub-
stituted, namely : — 2, The sample shall be selected at random in ac-
cordance with the manner specified in paragraph 3
"Coffee and cocoa." and 4.
7
3. Where, for the determination of the net quantity of cereal product in '400g\ of non-soapy
of any commodity contained in a package it is neces- detergent in '50g' shall be discontinued as
sary to take samples of packages stored by the manu- early as possible but in no case later than
facturer or packer in a warehouse, godown or at any the 30th day of June, 1992.
other place, the sample shall be selected at random,
from every batch of packages and .shall be picked out (3) Tacking of Cemeri, Zarda. Pan
from the top, bottom, centre, right, left, front and Mi1 sola and Paini Varnish in the quantities
rear of the stocks so that the samples may adequately specified by this amrndnu-nt rules1 shall be
represent the packages in the batch. adopted as early as possible but in any case
before the 30lh day of June, 1992.
4. Where, for the determination of the net quantity
of any commodity contained in a package it is neces- [F. No. WM-10(8) |911
sary to take samples from the place where the pack-
age 'is being filled such sample shall be selected from SATHI NATR, Jt. Secy.
among the packages wh'Ch have already been filled,
or in the alternative, the requisite number of empty Foot Note : The principle Rules were notified vide
containers may be taken over and each of them shall GSR 622 (E) dated 'the 26th September
be adequately marked for proper identification and 1977 and subsequently amended vide :
the tare w^igM of each container shall be accurately
noted and thereafter the marked containers shall be 1. GSR 347 (E), dated 30-6-1978
introduced at random in the packing process so ':hat.
2. GSR 59 (E), dated 23-2-1980
after the package arc filled it may be possible to deter-
mine the net quantity. 3. GSR 303 (E), dated 31-3-1983
4. GSR 253 (E), dated 31-3-1984
Explanation : In this schedule "sample size" means 5. GSR 316 (E), dated 30-4-1984
the number of packages to be selected as sample."
6. GSR 393 (E), dated 23-5-1984
7. GSR 96 (E), dated 20-2-1985
Note : (1) Where, on the commencement of <;hc
Standards of Weights and Measures (Pack- 8. GSR 458 (E), dated 25-5-1985
aged Commodi(i-es) Amendment Rules, 1992 9. GSR 32 (E), dated 17-1-1986
(hereinatfer referred to as the amendment
10. GSR 1005 (E), dated 8-6-1986
rules), a manufacturer or packer is not in
a position to make declaration in accordance 11. GSR 730 (E), dated 25-8-1987
with rule 4 of the amendment rules he shall
12. GSR 19 (E), dated 8-1-1988
start1 doing so as early as possible but in any
case before the 30th day of June, 1992. 13. GSR 779 (E), dated 11-7-1988
14. GSR 511 (E) dated 25-5-1990
(2) Packing of butler 'in '250g' and 400g\ 15. GSR 601 (E), dated 26-6-1990,
Printed by the Manager. Govt. of India Press, Ring Road, New Delhl-110064
pnd Published by the Controller of Publications, Delhi-110054, 1992