Section 23 in The Standards of Weights and Measures (Packaged Commodities) Rules, 1977
23. Provisions relating to whole sale dealer and retail dealers
.-(1) No whole sale 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.(2)[ No retail dealer or other person including manufacturer, packer and wholesale dealer shall make any sale of any commodity in packaged form at a price exceeding the retail sale price thereof. ] [Substituted by G.S.R 50(e) dated 17-1-1992 (w.e.f. 17-1-1992).][Explanation .-For the removal of doubts, it is hereby declared that a sale, distribution or delivery by a wholesale dealer to a retail dealer or other person is a "retail sale "within the meaning of this sub-rule.] [Inserted by G.S.R. 303 (E) dated 31-3-1983 (w.e.f 31-3-1983).][* * *] [Sub-Rule (3) omitted by G.S.R. 105(E), dated 2-3-1995 (w.e.f 2-3-1995).](4)[ Where, after any commodity has been pre-packed for sale, any tax payable in relation to such commodity is revised, the retail dealer or any other person shall not make any retail sale of such commodity at a price exceeding the revised retail sale price, communicated to him by the manufacturer, or where the manufacturer is not the packer, the packer and it shall be the duty of the manufacturer or packer, as the case may be, to indicate by not less than two advertisements in one or more newspapers and also by circulation of notices to the dealers and to the Director in the Central Government and Controllers of Legal Metrology in the States and Union Territories, the revised prices of such packages but the difference between the price marked on the package and the revised price shall not, in any case, be higher than the extent of increase in the tax or in the case of imposition of fresh tax higher than the fresh tax so imposed:Provided that publication in any newspaper, of such revised price shall not be necessary where such revision is due to any increase in, or in imposition of, any tax payable under any law made by the State Legislatures:Provided further that the retail dealer or other person shall not charge such revised prices in relation to any packages except those packages which bear marking indicating that they were pre-packed in the month in which such tax has been revised or fresh tax has been imposed or in the month immediately following the month aforesaid:Provided also that where the revised prices are lower than the price marked on the package the retail dealer or other person shall not charge any price in excess of the revised price, irrespective of the month in which the commodity was pre-packed.] [Substituted by G.S.R. 578(E), dated 26-8-1993 (w.e.f. 26-8-1993). ](5)Nothing in sub-rule (4) shall apply to a package which is not required under these rules to indicate the month and the year in which it was pre-packed.(6)No retail dealer or other person shall obliterate, smudge or alter the [retail sale price] [Substituted by G.S.R. 511(E), dated 25-5-1990 (w.e.f. 25-5-1990).], indicated by the manufacturer or the packer, as the case may be, on the package or on the label affixed thereto.(7)[ The manufacturer or packer shall not alter the price on the wrapper once printed and used for packing.] [Inserted by G.S.R. 578(E), dated 26-8-1993 (w.e.f. 26-8-1993).][23-A. Weighing facility [Inserted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).].-(1) All retailers who are covered under the Value Added Tax VAT or Turn Over Tax (TOT) and dealing in packaged commodities whose net content declaration is by weight or volume or a combination thereof shall maintain a electronic weighing machine of at least accuracy class III, with smallest division of atleast 1 g, with facility to issue a printed receipt indicating among other things, the gross quantity, price and the like at a prominent place in their retail premises, free of cost, for the benefit of consumers.(2)The consumers may check the weight of their packaged commodities purchased from the shop on such balances as referred to in sub-rule (1).]
