On 2nd November 2021, New Delhi, Anupam Mishra, Jt. Secretary. – Ministry of Consumer Affairs, Food and Public Distribution issued new rules to amend the legal metrology (Packaged Commodities) Rules. The principal rules were published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide G.S.R. number 202 (E). dated the 7th March 2011 and last amended vide notification number G.S.R. 629 (E). dated the 23rd June 2017.
As per the notice released, here is what it mentions: –
In exercise of the powers conferred by sub-section (1) read with clause (j) and (q) of subsection (2) of section 52 of the Legal Metrology Act 2009, (1 of 2010), the Central Government hereby makes the following rules further to amend the Legal Metrology (Packaged Commodities) Rules, 2011, namely: –
Short title andcommencement. –
(1) These rules may be called the Legal Metrology (Packaged Commodities) Amendment Rules, 2021.
(2) They shall come into force on the 1st day of April, 2022.
In the Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter referred to as the said rules), in rule 2, in clause (aa), for the words, brackets, letters and figures ―clause (d) of sub-section (1) of section 2 of the Consumer Protection Act, 1986 (68 of 1986), the words, brackets, letters and figures ―clause (7) of section 2 of the Consumer Protection Act, 2019 (35 of 2019)hall be substituted.
In the said rules, rule 4 shall be renumbered as sub-rule (1) thereof, and after sub-rule (1) as so renumbered, the following sub-rule shall be inserted,namely: ––
(2) When one or more packages intended for retail sale are grouped together for being sold as a retail package on promotional offer, every package of the group shall comply with provisions of rule 6.
In the said rules, rule 5 shall be omitted.
In the said rules, in rule 6, in sub-rule (1), ––
(i) in clause (d), the words, ―or pre-packed or imported shall be omitted;
(ii) in clause (e), for the words commencing with ―and the price in rupees and paisa, and ending with (d) MRP Rs. ₹ xx.xx(inclusive of all taxes), the words ―in Indian currency shall be substituted;
(iii) after sub-rule (10), the following sub-rule shall be inserted, namely: ––
(11) The unit sale price shall be declared as–
(i) Rs. __ per g for pre-packaged commodities with net quantity of commodity less than one kilogram;
(ii) Rs. __ per kg for pre-packaged commodities with net quantity of commodity more or equal to one kilogram;
(iii) Rs. __ per cm for pre-packaged commodities with net length of the commodity less than one meter; (iv) Rs. __ per meter for pre-packaged commodities with net length of the commodity more or equal to one meter;
(v) Rs. __ per number;
(vi) Rs. __ per ml for pre-packaged commodities with net volume of the commodity less than one litre;
(vii) Rs. __ per litre for pre-packaged commodities with net volume of the commodity more or equal to one litre.
In the said rules, in rule 13, in sub-rule (5), for clause (ii), the following clause shall be substituted,namely: –
(ii) for items sold by number, the number or unit or piece or pair or set or such other word which represents the quantity in the package shall be mentioned.
In the said rules, in rule18, –
(i) in sub-rule (2A), for the words, brackets, letters and figures, ―clause (nnn) and clause (r), respectively of sub-section (1) of section 2 of the Consumer Protection Act, 1986 (68 of 1986, the words, brackets, letters and figures ―clause (41) and (47) of section 2 of the Consumer Protection Act, 2019 (35 of 2019) shall be substituted;
(ii) in sub-rule (7), for the words, brackets and letters, ―Value Added Tax (VAT) or Turn Over Tax (TOT), the words, ―Goods and Service Tax shall be substituted.
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