56 THE GAZETTE OF INDIA: EXTRAORDINARY [PART II···-SEC:JW1

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16. Declaratlons to be made with regard to the number of usable

sheets to be stated> In the case of a package containing sheets like aluminum

foil, facial tissues, waxed paper, touet paper or any other type of sheet, the

declaration of quantity on the pad<ageshall also include a statement as to the

number of usable sheets contained in the package and the dimensions of each

such sheet.

~,1. Declarations with regard to the dimensions of container Wile

commodtttes.e-

The commodities shall be expressed as bags, boxes, cups, pans or the like

designed and sold in retail trade for being used as containers for other materials

or objects and shall be labeled with the declaration of quantity as follows.--

(i) for baq-tvpe commodities, the number of bags which the package may

contain, followed by linear dtrnenstons of the bags, whether packaged in il

perforated roll or otherwise;

(Ii) for square, oblong, rectangular or similarly shaped containers, the number of

containers whlch the package may contain, followed by length, width, and if

required, depth of the container.

(iii) for circular or generally round-shaped containers, not being cups or the like

the number of commodities contained therein followed by diameter and, if'

necessary,depth of the container.

(iv) When the use of a container is related by label references, the standard

weight or measure, to the capability of the container to hold a specific quantity

of commodity or a class of commodities such references shall be included in tile

declaration of quantity.

i8. Provisions relating to wholesale dealer and retail dealers.-(l) No

wholesale dealer or retail dealer or importer shall sell, distribute, deliver, display

or store for sale any commodity in the packaged form unless the package

complies with in all respects, the provisionsof the Act and these rules.

(2) No retail dealer or other person including manufacturer, packer, importer and

wholesale dealer shall make any sale of any commodity in packed form at a price

exceeding the retail sale price thereof.

(3) 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
packagesbut 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
necessarywhere such revision is due to any increase in, or imposition or, any tax
payable under any law made by the State Legislatures:

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 HIE' GAZETTE OF INDIA: EXTRAORDINARY [ PAt( r II - SEC. ](1»)

>.Providedfurther that the retail dealer or other person, shall not charge such
.revlsed 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.]

(4) Nothing in sub-rule (3) shall apply to a package which is not required, under
these rules to indicate the month and the yetr in which it was pre-packed.

(5) No wholesale dealer or retail dealer or other person shall obliterate, srnudqe

or alter the retail sale price, indicated by the manufacturer or the packer or the

importer, as the case may be, on the packageor on the label affixed thereto.

(6) The manufacturer or packer or the importer shall not alter the price on the

wrapper once printed and used for packing.

(7) 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 J combination thereof shall maintain an 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 and the consumers may check the weight of
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19. Inspection of quantity and error in packages at the premises of the

manufacturer 01" packel'.-··(1) With a view to ascertaining whether any

packageor lot of packages complies with provisions of these rules in all respects,

the Director, Controller or any Legal Metrology Officer empowered to inspect

under section 15 of the Act (hereafter referred to in these rules as the

"authorized 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 of packages, in such manner and in such number as are

specified in the Fifth Schedule and the tests aforesaid shall be carried out in

accordancewith the method specified in the Sixth Schedule.

(2) The Director, Controller or any Legal Metrology Officer shall enter in the Form

set out in the Seventh 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 authorized agent, or,

in the absence of both, or on their refusal to affix such Signature, the Signature

of a competent witness and copy of the data sheet containing the result 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, Controller or any Legal Metrology Officer shall make a report

indicating therein Ilis findings with regard to the declarations required to be

made under these rules and as to the net quantity actually contained in the