Sale of commodities by number

PROVISIONS WITH REGARD TO COMMODITIES IN PACKAGED FORM SOLD OR DISTRIBUTED WITHIN THE UNION TERRITORY OF ARUNACHAL PRADESH

31. provisions of the Central Act relating to packaged commodities to apply to packaged commodities sold or distributed withinh the territory 31. (1) The provisions of the Central Act with regard to commodities in packaged form shall, as far as may be, apply to every commodity in packaged form which is distributed, packed, sold, kept, offered or exposed for sale in the Union territory of Arunachal Pradesh as if these provisions were applicable to trade or commerce within the territory, subject to the modification that any reference therein to the Central Government and the Central Act shall be construed as reference, respectively, to the Government of Arunachl Pradesh and this Act.

1. (2) An Inspector may, from time to time, inspect the weight or measure, or count the number, of the commodity contained in any package which is, (i) kept at any place where the commodity is packed, or
   • (ii) kept, offered or exposed for sale, or
   • (iii) sold, delivered, held in possession or is in the process of delivery, within the Union territory of Arunachal Pradesh with a view to determining whether the package contains the quantity or number of the commodity as specified on it or the label thereon.
2. (3) Where the Inspector finds, after weighing, measuring or counting, that any package does not contain the quantity or number of the commodity, as specified on it or on the label thereon, or does not conform to the provisions of the Central Act or any rule or order made thereunder, he may seize such package and may also, by order, prohibit the sale of each package which is similar to the seized package and may so mark or seal each such package as to indicate clearly that the sale or delivery of such package has been prohibited and no such package shall be sold or kept, offered or exposed for sale or delivery or otherwise disposed of, unless, (i) the contents of such package have been brought into conformity with the provisions of the Central Act or any rule or order made thereunder, by the manufacturer, packer or distributor thereof, or
   • (ii) the disposal thereof has been authorised by the Controller.
3. (4) No person, shall keep in any place, where any transaction is made, any commodity in packaged form which is not for sale, and if any commodity in packaged form is kept in such place in contravention of the provisions of this sub-section, such commodity shall be presumed to have been kept in such place for sale.

32. (1) Where, the sale of any commodity is made by number and the number of the commodity delivered to the pursuance in pursuance of such sale is lesser than the number paid for, the seller shall be deemed to have used a false measure.

1. (2) Where, in relations to any commodity sold by number, there is a custom or usage of delivering a fixed number of such commodities in addition to the number of commodities paid for, such custom or usage shall, on and from the commencement of this Act, cease, and if the seller delivers to the purchaser the additional number of commodities in accordance with such custom or usage, he shall be deemed to have used a false measure and the purchaser shall be deemed to have abetted the use of such false measure.