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Union of India - Section

Section 20 in The Legal Metrology (Packaged Commodities) Rules, 2011

20. [ Action to be taken on completion of inspection of packages at the premises of the manufacturers or the packer. [Substituted by Notification No. G.S.R. 629(E), dated 23.6.2017 (w.e.f. 7.3.2011).]

(1)If it appears from the report referred to in sub-rule (3) of rule 19 that,-
(a)the corrected average net quantity contained in the packages drawn as samples is lesser than the quantity declared on the package or the label affixed thereto; or
(b)any such packages showing an error in deficiency exceeding the maximum permissible error is greater than the number specified in column 4 of the Table in the Fifth schedule; or
(c)any package has error in deficiency exceeding twice the maximum permissible error; or
(d)any such package does not bear thereon or on label affixed thereto the declarations to be made under these Rules;
the Director, Controller, or the Legal Metrology Officer shall take following action, namely:-
(i)seize the packages drawn by him as samples and take adequate steps for the safe custody of the seized packages until they are produced in the appropriate court as evidence;
(ii)based on the evidence initiate action for violations as per the provisions of the Act and these rules.
(2)The disposal of the seized packages shall be done in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).] [[Substituted 'A lot of packages shall be approved for sale if, and only if, as a result of the tests carried out under this rule, it is found that- (a) the statistical average of the net quantity contained in the sample packages is equal to, or more than, the quantity declared on the package or on the label affixed thereto.
(b)the extent of error in deficiency in none of such sample packages exceeds the maximum permissible error.
(c)each such package bears thereon or on a label affixed thereto the declaration required to be made under these rules.' by Notification No. G.S.R. 629(E), dated 23.6.2017 (w.e.f. 7.3.2011).]]
20. Action to be taken on completion of inspection of packages at the premises of the manufacturer or the packer.- (1) If it appears from the report referred to in sub-rule (3) of rule 19 that,-(a) the statistical average of the net quantity contained in the packages drawn as samples under that rule is lesser than the quantity declared on the packages or on the labels affixed thereto, or any such package shows an error in defiCiency greater than the maximum permissible error, or(b) any such package does not bear thereon or on label affixed thereto the declarations to be made under these rules, the Director, Controller or any Legal Metrology Officer shall take action as given below, namely:-(i) seize the packages drawn by him as samples and shall take adequate steps for the safe custody of the seized packages until they are produced in the appropriate court as evidence;(ii) based on the evidence initiate action for violations of the provisions of the Act and these rules:Provided that no such action shall be taken if fresh tests are carried out under sub-rule (4) of rule 19, but if after such fresh tests any such error or omission as is referred to in this sub-rule is detected, the Director, Controller or any Legal Metrology Officer shall take appropriate action as specified in this sub-rule in accordance with the provisions of the Act against the manufacturer or, as the case may be, the packer.(3) The disposal of the seized packages shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974).