Section 2 in The Standards of Weights and Measures (Packaged Commodities) Rules, 1977
2. Definitions .-In these rules, unless the context otherwise requires,-
(a)"Act" means the Standards of Weights and Measures Act, 1976 (60 of 1976);(b)[* * *] [Clauses (b), (c) and the Illustration omitted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).](c)[* * *] [Clauses (b), (c) and the Illustration omitted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).](d)"dealer" , in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, carries on directly or otherwise, the business of buying, selling, supplying or distributing any such commodity, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent who carries on such business on behalf of any principal, but does not include a manufacturer who manufactures any commodity which is sold or distributed in a packaged form except where such commodity is sold by such manufacturer to any other person other than a dealer;(e)[* * *] [Clause (e) omitted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).](f)[* * *] [Clause (f) omitted by G.S.R. 246(E), dated 5-4-1999 (w.e.f. 6-7-1999).](g)[* * *] [Clause (g) and the Explanation and illustration omitted by G.S.R. 425(E), dated 17-7-2006 (w.e.f 13-1-2007).](gg)[ "lot" means- [Inserted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).](i)in the case of packages which have been stored, the total number of such packages stored; and(ii)in the case of packages which are on or at the end of the packing line, the maximum hourly output of packages; ](h)"manufacturer" , in relation to any commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, produces, makes or manufactures such commodity and includes a person, firm or Hindu undivided family who or which puts, or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to be a commodity produced, made or manufactured by such person, firm or Hindu undivided family, as the case may be;(i)"maximum permissible error" , in relation to the quantity [including the quantity declared to be given free by the manufacturer/packer] [Inserted by G.S.R. 246(E), dated 5-4-1999 (w.e.f. 6-7-1999).] contained in an individual package, means an error in deficiency [* * *] [The words " or excess " omitted by G.S.R. 425(E), dated 17.7.2006 (w.e.f. 13.1.2007). ] which, subject to the provisions of these rules, does not exceed-(i)[ the limits of error specified in the Second Schedule;] [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 1-5-2008).](j)[ "net quantity" , in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package, excluding the packaging or wrapper; ] [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).](k)"packer" means a person who, or a firm or a Hindu undivided family, which pre-packs any commodity, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale whether wholesale or retail;(l)[ "pre-packed commodity ", means a commodity, which without the purchaser being present, is placed in a package of whatever nature, whether sealed or opened, so that the commodity contained therein has a pre-determined value and includes those commodities which could be taken out of the package for testing or examining or inspecting the commodity;] [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).]Explanation [I] [Explanation renumberes as Explanation I thereof by G.S.R. 50(E), dated 17-1-1992 (w.e.f. 17-1-1992).].-Where, by reason merely of the opening of a package, no alteration is caused to the value, quantity, nature or characteristic of the commodity contained therein, such commodity shall be deemed, for the purposes of these rules, to be a pre-packed commodity, for example, an electric bulb or fluorescent tube is a pre-packed commodity, even though the package containing it is required to be opened for testing the commodity.[Explanation II.-Where a commodity consists of a number of components and these components are packed in one, two or more units for sale as a single commodity, such commodity shall be deemed, for the purpose of these rules, to be a pre-packed commodity; ] [Inserted by G.S.R. 50(E), dated 17-1-1992 (w.e.f. 17-1-1992).](m)["principal display panel ", in relation to a package, means the total surface area of the package where the information required under these rules are to be given. This information could be given in the following manner:- [Substituted by G.S.R. 246(E), dated 5-4-1999 (w.e.f. 6-7-1999).](i)all the information could be grouped together and given at one place; or(ii)the pre-printed information could be grouped together and given in one place; and(iii)on line information grouped together in other place;](n)"quantity ", in relation to commodity contained in a package, means the quantity by weight, measure or number of such commodity contained in that package;(o)"retail dealer ", in relation to any commodity in packaged form, means a dealer who directly sells such packages to the consumer and includes, in relation to such packages as are sold directly to the consumer, a wholesale dealer who makes such direct sale;(p)[ "retail package "means a packages which are intended for retail sale to the ultimate consumer for the purpose of consumption of the commodity contained therein and includes the imported packages: [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).]Provided that for the purposes of this clause, the expression "ultimate consumer "shall not include industrial or institutional consumers;] [Substituted by G.S.R. 631(E), dated 21-7-2000 (w.e.f. 22-7-2000).](q)"retail sale ", in relation to a commodity, means the sale, distribution or delivery of such commodity through retail sales agencies or other instrumentalities for consumption by an individual or a group of individuals or any other consumer;(r)[ "retail sale price "means the maximum price at which the commodity in packaged form may be sold to the ultimate consumer and where such price is mentioned on the package, there shall be printed on the packages the words ] [Substituted by G.S.R. 511(E), dated 25-5-1990 (w.e.f. 25-5-1990). ][Maximum or Max. retail price] [Substituted by G.S.R. 50(E), dated 17-1-1992 (w.e.f. 17-1-1992).][....... inclusive of all taxes ] [Substituted by G.S.R. 511(E), dated 25-5-1990 (w.e.f. 25-5-1990). ][or in the form MRP Rs. ....... inclusive of all taxes.] [Substituted by G.S.R. 305(E), dated 30-3-1995.]Explanation .-For the purpose of this clause "maximum price "in relation to any commodity in packaged form shall include all taxes local or otherwise, freight, transport charges, commission payable to dealers, and all charges towards advertisement, delivery, packing forwarding and the like, as the case may be;(s)[* * *] [Clause (s) omitted by G.S.R. 511(E), dated 25-5-1990 (w.e.f. 25-5-1990).](t)"section "means a section of the Act;(u)"standard package "means a package containing the specified quantity of a commodity;(v)[* * *] [Clause (v) omitted by G.S.R. 425(E), dated 17-7-2006 (w.e.f 13-1-2007).](w)"wholesale dealer ", in relation to any commodity in packaged form, means a dealer who does not directly sell such commodity to any consumer but distributes or sells such commodity through one or more intermediaries.Explanation .-Nothing in this clause shall be construed as preventing a wholesale dealer from functioning as a retail dealer in relation to any commodity, but where he functions in relation to any commodity as a retail dealer, he shall comply with all the provisions of these rules which a retail dealer is required by these rules to comply;(x)"wholesale package "means a package containing-(i)a number of retail packages, where such first mentioned package is intended for sale, distribution or delivery to an intermediary and is not intended for sale direct to a single consumer, [or] [Inserted by G.S.R. 113(E), dated 12-2-2004 (w.e.f. 12-2-2004).](ii)a commodity sold to an intermediary in bulk to enable such intermediary to sell, distribute or deliver such commodity to the consumer in smaller quantities, [or] [Inserted by G.S.R. 113(E), dated 12-2-2004 (w.e.f. 12-2-2004).](iii)[ packages containing ten or more than ten retail packages provided that the retail packages are labelled as required under the rules;] [Substituted by G.S.R. 631(E), dated 22-7-2000 (w.e.f. 22-7-2000). Earlier it was inserted by G.S.R. 594(E), dated 17-8-1999 (w.e.f. 16-11-1999).](y)[* * *] [Clause (y) omitted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).]
