commerce, and Package Rules apply only to
commodities in packaged form, it becomes clear that Package
Rules are applicable to commodities in packaged form sold ... Rule 2A of Package Rules, Package Rules
have no application to packages intended for retail sale, if such
packages contain commodities more than
affixed on the pre-packages amounted to violation under
the provisions of the Act of 2009 and the Legal Metrology
(Packaged Commodities) Rules ... said pre-packaged packages. If
the commodity inside the said package does not
conform to the declaration on the package, as
provided
accused and found three pre-packed
package of Digiflic Mineral Water Pot and three pre-packed
package of Electronic Kettle, on which, complete address ... pre-package did not confirm to the declaration
made on the package. In so far as the declaration on a pre-
package commodity, rule
submits that the
products of the petitioner company are not 'pre-packaged commodities' and
therefore, the 2011 Rules are not applicable ... requires,--
(l) "pre-packaged commodity" means a commodity which
without the purchaser being present is placed in a package of
whatever nature, whether
goods sought to be imported must be pre-
packaged goods.
The term "pre-packaged commodity" is defined
under the LMA, 2009. Section ... availability of MRP
labels on the pre-packaged goods.
m) Rule 3 of the Legal Metrology (Packaged
Commodities) Rules, 2011 prescribes exclusion
clauses, to exclude
different maximum retail prices on an identical pre-packaged
commodity by adopting restrictive trade practices or unfair
trade practices as defined under clause ... Legal Metrology
(Packaged Commodities) Rules, 2011;
2(m) "retail sale price" means the maximum price at which
the commodity in packaged form
sold,
distributed, delivered or otherwise transferred,
offered, exposed for sale any pre-packaged
commodity which does not conform to the
declarations on the package ... imports or causes to be manufactured or
packed or imported, any pre-packaged
commodity, with error in net quantity as may
be prescribed shall
retail packages and wholesale packages are governed
under Chapter-III of Packaged Commodities Rules, 2011 as
well as Rule 24 of Packaged Commodities Rules. Referring ... price/MRP of packaged goods is regulated
under Packaged Commodities Rules, 2011 and Rule 2(m) of
the said Packaged Commodities Rules is a relevant
identity of the commodity contained
in the package; and
(c) the total number of retail package
contained in such wholesale package or the net
quantity ... Rules
framed thereunder are designed to inform a purchaser of a pre-
packaged commodity about the particulars of the manufacturer,
place of manufacture, the date
States to not to treat the tyres wrapped with
foil as pre-packaged commodity under the 1976 Act. It is
further submitted that the aforesaid ... treated as a prepacked commodity within the
meaning of rule 2(1) of the Standards of Weights & Measures (Packaged
Commodities) Rules