Chapter VIII Chapter VIII

Provisions with Regard to the Sale of Commodities in Packaged Form

Provisions of the Central Act relating to packaged commodities to apply to packaged commodities sold or distributed within the State.--(1) The provisions of the Central Act, as in force for the time being, shall apply to packages intended to be sold, distributed, delivered, held in, or are in, any premises within the State-- subject to the modification that--

1. (i) any reference in the Central Act to the Central Government and the Central Act shall be construed as a reference to the State Government and this Act.

1. (2) An Inspector may, from time to time, inspect any package which is--
   • (i) being, or is intended to be, sold, distributed, delivered, held in, or is in, any premises;
   • (ii) kept, offered or exposed for sale; or
   • (iii) sold, delivered, held in or is in any premises for sale or delivery; within the State with a view to verify the weight, measure or number of the package or the contents thereof.
2. (3) Where the Inspector finds that any package does not contain the net quantity of the commodity as specified on it or on the label thereon, or does not conform to the provisions of the Central Act, the Inspector may seize such package and may also by order prohibit the sale or delivery of any package which is similar to the seized package as to indicate clearly that the sale or delivery thereof has been prohibited, and no such package shall be sold or delivered or exposed for sale or delivery--
   • (i) unless the contents of such package have been made to conform with the provisions of the Central Act, or as the case may be, the rules made thereunder, by the manufacturer, or
   • (ii) the distribution thereof has been sanctioned by a person authorised in this behalf.
3. (4) No person shall keep in any place any commodity in packaged form which is prohibited under sub-section (3), 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 deemed to be kept in such place for sale.