Weights & Measure
Querist :
Anonymous
(Querist) 03 August 2011
This query is : Resolved
If there is a violation of Rule 4 of Packaged commodity Rules 1977 in one district of one state, and if we compound , will it be considered compounding of offence for across India , within the central Act or after compounding once , we receive notice from other district of same state or a notice from another state we will have to compound again ?
The issue is some defective package of our product is there in outlets across india, we have received notice from Banglore, and now we are rectifying it , which will take some time for new stocks to come in maarket , suppose if we receive another notice next week from another district of Banglore or from MP will our compounding once will be considered , and we will not have to pay fine again and again. any expert advice on this.
ajay sethi
(Expert) 03 August 2011
1)rule4 provides thatno commodity shallbe packedfor sale , distribution or delivery unless such package in which commodity is pre packed bears a label containing such declaration as are required to be made under rules .
2)you have staed that some defective packages have been delivered to various outlets across india and you have made application for compounding .
3)if you receive subsequently another notice from any other district in state within period of 3 years offence cnanot be compunded as mentioned in section 65 of standard weight measures act 1985
inspector legal metrology(weights and measures)
(Expert) 03 August 2011
If the package is from the same batch and is seized at various places in the country the offence is assumed to be same offence. hence the compounding authority may close the case if the offence is compounded
prabhakar singh
(Expert) 03 August 2011
Expert : inspector legal metrology(weights and measures) IS RIGHT.
