Section 8 in The Packaged Commodities (Regulation) Order, 1975
8. Determination of quantity and error by authorised persons at the premises of the manufacturer or packer.
(1)Any person authorised by the Central Government in this behalf [hereinafter referred to as the authorised person] [Every officer of the above the rank of Assistant Controller of Weights and Measures in a State vide Notification No. SO. 462 (E), dated 4.9 1975.] may carry out checks of packages at the premises of the manufacturer, or, where the manufacturer is not the packer, of the packer for the purpose of determining whether the quantity of the commodity contained in a package corresponds to the quantity declared thereon or on the label affixed thereto and to check their conformity to this order, and for this purpose the authorised person shall have power to enter into the premises of the manufacturer or packer, as the case may be, and to draw [samples at random from each batch of packages in accordance with the provisions of the Third Schedule.] [Substituted by Notification S.O. (E), dated 2.8.1976.](2)The authorised person shall carry out tests with regard to each of the packages drawn by him as samples and shall ascertain whether the net quantity contained in each of the said packages corresponds to the net quantity declared on each such package, and in case it does not, determine the extent of the error and shall make a written record of the detailed results of the tests carried out by him and obtain the signatures of the manufacturer or packer or any person authorised by the manufacturer or packer in this behalf, or, in the absence of any of them, of any competent witness, on the written record containing such results.(3)On the completion of the tests, the authorised person shall make out a report indicating therein his findings about the actual net quantity or the extent of error and obtain signatures of the manufacturer or packer or any person authorised by the manufacturer or packer in this behalf, or, in the absence of any of them, of a competent witness on the said report, and forward the report to the Central Government or such authority as may be specified by the Central Government in this behalf.(4)If, as a result of the tests aforesaid, if is found by the authorised person that the statistical average of the net quantity contained in the sample packages checked by him is equal to, or in excess of the quantity declared on the packages, it shall be deemed to be within the maximum permissible error.(5)If, as a result of the tests aforesaid, it is found that,-(a)the statistical average of the quantity contained in the sample packages checked by the authorised person is less than the quantity declared on the package; or(b)the quantity contained in more than ten per cent of the sample packages checked by the authorised person exceeds the maximum permissible [the error in deficiency] [Substituted by SO. 520 (E), dated 2.8.1976.] specified in the concerned Schedule to this Order in relation to the commodity concerned, the manufacturer, or, where the manufacturer is not the packer, the packer, shall be deemed to have contravened this Order.(6)For the avoidance of doubts, it is hereby declared that no test as to the net quantity of any commodity contained in a package shall be carried on at any premises except at the premises of the manufacturer or, where the manufacturer is not the packer, of the packer.
