Every individual or an
entity dealing with pre-packed commodities shall register themselves as a
”Manufacturer”/ “Packer” or an “Importer” with the Director/Controller of Legal
Metrology in the concerned Jurisdiction. The Legal Metrology (Packaged
Commodities) Rules, 2011 (Rules) completely provide for all statutory
requirements to be followed by persons dealing with and declarations to be made
with respect to “Packaged commodities”.
Rule 27 of the said
Rules provides for the procedure for Registration as a “Packer” or “Importer”
Scope and
Applicability:
Rule 27 contains
provisions relating to Registration as a “Manufacturer”, “Packer” and an “Importer”.
Before analyzing the procedure for registration, it is important to understand the
differences between the terms ‘manufacturer’ and ‘packer’.
According to Rule 2(d),
the term “Manufacturer” means and includes any person / Firm, who
·
produce/ make / manufacture a commodity
·
Puts, or causes to be put, any mark on
any packaged commodity and the mark claims the commodity in the package to be a
commodity produced, made or manufactured by such person or firm.
On the other hand Rule
2(g) defines ‘Packer’ as a person / Firm, who which pre-packs any commodity in
any bottle, tin, wrapper or otherwise, in units suitable for sale whether
wholesale or retail.
The term ‘pre-packed
commodity’ means a commodity which without the purchaser being present is
placed in a package of whatever nature, whether sealed or not, so that the
product contained therein has a pre-determined quantity;[1]
Rule 27 provides
provision for two licenses- Packer and an Importer. The Rule lays down that the
registration is applicable for any person who prepacks or imports any commodity
for sale distribution or delivery.
Timeframe:
Application in this
regard shall be made before the Director/Controller of Legal Metrology as the
case may be made within ninety days from the date on which
he or it commences such pre-packing/importing.
Form and manner:
Every Applicant shall
submit an Application for Registration before the Director/Controller as the
case may be, containing the following particulars:
a) The name of the
applicant;
b) The complete address
of the premises (One or more) at which the pre-packing or import of one or more
commodities is made by the applicant;
'Complete address'
means, the postal address at which the factory is situated. In any other case,
the name of the street, number (if any) assigned to the premises of the
manufacturer or packer and either the name of the city and State where the
business is carried on by the manufacturer or packer or the Postal Index Number
[PIN] Code. [2]
(c) The name of the commodity or commodities
pre-packed or imported by the applicant.
In addition to the
above particulars of goods imported and the names of the countries from which
the goods are imported are to be given in case of application to register as an
importer.
Registration of a
shorter address is allowed if the Controller/Director is satisfied that such
address is sufficient to enable the consumer or any other person to identify
the manufacturer or the packer.[3]
The Application along
with the supporting documents are required to be submitted along with the fee
of Rupees Five Hundred. Upon verification of the Application and the documents,
the Controller/Director as the case may be will issue the certificate of
Registration as a ‘packer’ or ‘Importer’.
Amendment to the
Certificate of Registration:
Any amendment to be
carried out in the certificate of registration shall be communicated to the
Registrar in writing along with a fee of rupees one hundred.
Offenses and
Penalty:
Whoever contravenes the
provisions of rules 27 to 31, he shall be punished with fine of four thousand
rupees. In case if the violation is committed by a company, every director or
person in-charge shall be punished independently.
It is pertinent to note
that, the Registration under Rule 27 is mandatory for all ‘pre-packed
commodities’. In spite of the definition provided in the Legal Metrology Act
2009, there is ambiguity in interpretation of the said term. Even though
various High Courts and the Supreme Court have tried to interpret the term in
various Judicial Precedents, lack of clarity in this regard still prevail among
firms/ entities in complying with the provisions of these Rules.
