Section 24 in The Standards of Weights and Measures (Packaged Commodities) Rules, 1977
24. Procedure for examination of and determination of quantity and error in packages at the premises of the manufacturer or packer
.-(1) With a view to ascertaining whether any package or [lot] [Substituted by G.S.R. 425(E), dated 17-7-2006, for " batch" (w.e.f. 13-1-2007).] of packages complies with the provisions of these rules in all respects, the Director or any other person authorised under section 29 (hereafter referred to in these rules as the authorised person) may examine the packages and carry out the tests at the premises of the manufacturer or, where the manufacturer is not the packer, of the packer, and when he carries out such examination or tests, he shall draw samples from such [lot] [Substituted by G.S.R. 425(E), dated 17-7-2006, for " batch" (w.e.f. 13-1-2007).] of packages, in such manner and in such number as are specified in the Ninth Schedule and the tests aforesaid shall be carried out in accordance with the method specified in the Tenth Schedule.(2)The Director or the authorised person shall enter, in the Form set out in the Eleventh Schedule, the detailed results of the tests carried out by him under sub-rule (1) and shall obtain, on the said Form, the signature of the manufacturer or, as the case may be of the packer, or his authorised agent, or, in the absence of both, or on their refusal to affix such signature, the signature of a competent witness. A copy of the data sheet containing the results shall be given to the manufacturer or packer, as the case may be.(3)On the completion of the examination and tests carried out under sub-rule (1), the Director or the authorised person shall make a report indicating therein his findings with regard to the declarations required to be made under these rules and as to the net quantity actually contained in the sample packages and the extent of error, if any, noticed by him and furnish a copy of such report to the manufacturer or the packer, as the case may be.(4)If it appears from the report referred to in sub-rule (3) that,-(a)the statistical average of the net quantity contained in the packages drawn as samples is lesser than the quantity declared on the packages or on the labels affixed thereto; or(b)[* * *] [Clause (B) omitted by G.S.R. 113(E), dated 12-2-2004 (w.e.f. 1-9-2004).](c)any such package shows an error in deficiency greater than [* * *] [The word " twice" omitted by G.S.R. 113(E), dated 12-2-2004 (w.e.f. 1-9-2004).] the maximum permissible error, the Director or the authorised person shall, if for good and sufficient reason, requested by the manufacturer or packer or his authorised agent, so to do, take out as soon as may be practicable, fresh samples and carry out fresh tests in accordance with the provisions of these rules and where fresh tests are made, the Director or the authorised person, as the case may be, shall collect by way of reimbursement, from the manufacturer or packer, such sum, not exceeding [rupees five thousand] [Substituted by G.S.R. 246(E), dated 5-4-1999 (w.e.f 6-7-1999).] as is, in his opinion, commensurate with the services so rendered:Provided that where fresh tests are carried out, no package contained in the [lot] [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).], which was previously tested under this rule, shall be sold or distributed by the manufacturer or packer, as the case may be, unless the provisions of sub-rule (5) or, as the case may be, sub-rule (6), are complied with.(5)(a)Where, as a result of any test carried out under this rule, it is found that any package contained in the batch does not conform to all or any of the provisions of the Act or of these rules, the manufacturer or the packer shall make a cent per cent check of the packages contained in the [lot] [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).] and pick out from the [lot] [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).] the packages which conform to all the provisions of the Act and of these rules.(b)When the Director or the authorised person is satisfied that the packages picked out by the manufacturer or packer conform to all of the provisions of the Act and of these rules, he shall authorise the sale, distribution or delivery of such packages.(c)Where, as a result of such cent per cent check by the manufacturer or packer, any package is found to be not conforming to all or any of the provisions of the Act or of these rules, such package shall not be sold, distributed or delivered until it has been re-packed, re-processed or re-labelled, as the case may be, in accordance with the provisions of the Act and of these rules.(6)A [lot] [Substituted by G.S.R. 425(E), dated 17-7-2006 (w.e.f. 13-1-2007).] 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)[* * *] [Clause (b) omitted by G.S.R. 113(E), dated 12-2-2004 (w.e.f. 1-9-2004).](c)the extent of error in deficiency in none of such sample packages exceeds [* * *] [The word " twice" omitted by G.S.R 113(E), dated 12-2-2004 (w.e.f. 1-9-2004).] the maximum permissible error, and(d)each such package bears thereon or on a label affixed thereto-the declarations required to be made under these rules.(7)[ The requirement of mandatory declarations on the packages shall be ensured either at the factory level or at the depot of the factory.(8)For non-compliance of the provisions of this rule, action may be taken after seizing five representative samples of the packages as evidence and the rest of the packages may be released once compliance is ensured by the manufacturer or the packer, as the case may be.] [Inserted by G.S.R. 425(E), dated 17-7-2006 (w.e.f 13-1-2007).]
