Section 2 in The Packaged Commodities (Regulation) Order, 1975
2. Definitions.
- In this Order, unless the context otherwise requires,-(a)"appointed day" means the day on which this Order comes into force;(b)"batch" means,-(i)in the case of packages which have been stored, where the total number of such packages does not exceed 100, all such packages, and, when the total number exceeds 100 but does not exceed 10,000 all the packages of the same type and of the same production run;(ii)in the case of packages which are on or at the end of the packing line, the maximum hourly output of packages;(c)"combination package" means a package intended for retail sale, containing two or more individual packages, or individual pieces, of dissimilar commodities;(d)"commodity in packaged form" means a commodity which has been pre-packed, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale, whether wholesale or retail, and such pre-packaging has been so made as to ensure that the commodity in the packaged form cannot be used or consumed without the package or its lid or its cap, as the case may be, being opened;(e)"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 being, selling, supplying or distributing any such packaged commodities whether for cash or for differed 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 or manufacturers of any commodity which is sold or distributed in packaged form except where such commodity is sold by such manufacturer [or any person other than a dealer] [Added by Notification No. SO 520 (E), dated 2.8.1976.];(f)"drained weight" in relation to a solid commodity contained in a free flowing liquid, means the weight of such solid commodity after the liquid has been drained for a period of two minutes;(g)"fancy package" means a package, the container of which has a fancy trade value of its own, in addition to the value of the commodity contained in such package;(h)"group package" means a package intended for retail sale, containing two or more individual packages or individual pieces, of similar but not identical, [whether in quantity or size] [Substituted by Notification No. SO 520 (E), dated 2.8.1976, for the words 'or dissimilar'.] commodities;(i)"label" means any written, marked, stamped, printed, or graphic matter affixed to, or appearing upon, any commodity or package containing any commodity;(j)"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 claims the commodity in the package to be a commodity produced, made or manufactured, by him or it;(k)"maximum permissible error" in relation to the quantity contained in an individual package, means an error, in deficiency or excess, which does not exceed,-(i)in relation to commodities specified in the First Schedule, the limits or error specified in that Schedule];(ii)in relation to commodities not specified in the First Schedule, the limits of error specified in the Second Schedule;(l)"multi-piece package" means a package containing two or more individually packaged or labelled pieces of the same commodity, [of identical quantity] [Substituted by Notification No. SO 520 (E), dated 2.8.1976.], intended for retail sale, either in individual pieces of the package or as a whole;(m)"pre-packed commodity" means a commodity which without the purchaser being present, is placed in a package, of whether nature, [so that the product or the quantity of the product] [Substituted by Notification No. SO 520 (E), dated 2.8.1976.] contained therein has a pre-determined value and such value cannot be altered without the package or its lid or its cap, as the case may be, being opened or undergoing a perceptible modification;(n)"price" in relation to a commodity in packaged form, means any one of the following prices, namely:(i)ex-factory price [inclusive of commission payable to wholesalers and retailers and of other charges, including advertising, delivery, packing, forwarding and the like; and] [Substituted by Notification No. SO 520 (E), dated 2.8.1976.] exclusive of freight. Central Sales Tax and any tax which may be levied and collect under any law for the time being in force for the retail sale of the package;(ii)where the package is sold free on rail at the destination the price payable at such destination;(iii)the price of the package exclusive of any tax which may be levied and collected under any law for the time being in force;(iv)the retail sale price of the package;(o)"retail package" means a package containing any commodity which is produced, distributed or displayed, delivered or stored, for sale through retail sales agencies or other instrumentalities for consumption by an individual or a group of individuals;(p)"retail sale price" means the maximum price at which the commodity in packaged form may be sold to the ultimate consumer, inclusive of all taxes, commissions, transport charges and other dues;(q)"schedule" means a schedule to this Order;(r)"wholesale package" means a package, other than a retail package, containing a commodity for wholesale delivery, distribution or sale or for transport or storage of a number of retail packages.
