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57 Traders booked for over-Charging by Legal Metrology Department

Acting upon the unabated complaints of overpricing by traders ahead of Eid-ul-Fitr, the Legal Metrology Department on Sunday booked 57 shopkeepers in violation of Legal Metrology laws.

The LMD acted tough against the erring shopkeepers after volume of complaints poured in from different areas of Valley regarding overpricing of eatables, bakery, confectionary and other items.

An official said that strict action was taken against 57 traders who were operating in violation of the Legal Metrology laws. He also said that during the drive the teams of LMD realized 36,800 rupees fine on sport from different traders which include bakery, vegetables and mutton sellers.

At the occasion, according to an official the shopkeepers were warned to refrain from any unfair trade practices during this auspicious occasion of Eid.

The consumers moreover were advised to check the various mandatory declarations on the products before purchasing them like MRP, Net Weight, Date of Packing, Customer Care Address, etc, and in case of any complaints, they are requested to lodge their complaints with Legal Metrology Department.

It is pertinent to mention that on the eve of Eid-ul-Fitr, the traders are often resorting to overcharging and other unfair trade practices. The official added that administration while taking a serious note of such violations have formed special market checking teams to ensure no injustice will happen with customers.

Source: https://www.risingkashmir.com/57-traders-booked-for-over-charging–Rs–36k-fine-recovered–105784

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Unit sale price states the price (inclusive of all taxes) per unit of measurement as stated in Rule 6 sub-rule (11) of the Legal Metrology Packaged Commodities Amendment Rules, 2022.

“(11) The unit sale price in rupees, set out to the nearest two decimal places, shall be declared on every pre-packaged commodity in the following manner, namely:-

  • Per gram where net quantity is less than one kilogram and per kilogram where net quantity is more than one kilogram.
  • Per centimetre where net length is less than one metre and per metre where net length is more than one metre.
  • Per millilitre where net volume is less than one litre and per litre where net volume is more than one litre.
  • per number or unit if any item is sold by number or unit:

Note:

Stated that for packages commodity containing spirituous liquor or alcoholic beverages, the State Excise Laws and the rules made thereunder shall be applicable within the State in which it is manufactured. Stated that declaration of the unit sale price is not obligatory for the pre-packaged commodities in which retail sale price is equal to the unit sale price.”

The unit sale price shall be declared on the primary display panel of the pre-packaged commodity. It should be confirmed that the unit sale price is unambiguous, simply identifiable and legible to the consumer

Illustration:

For a pre-packaged commodity of Net Qty 200g and MRP including all taxes of ₹60, Unit Sale Price declaration can be specified as given hereinbelow:

  • MRP ₹ (incl. of all taxes); USP ₹ 60; ₹ 0.30/g
  • MRP ₹ (incl. of all taxes); USP ₹ 60; ₹ 0.30 per g
  • MRP ₹ (incl. of all taxes) ₹ 60; USP ₹ 0.30/g
  • MRP ₹ (incl. of all taxes) ₹ 60; USP ₹ 0.30 per g
  • MRP ₹ (incl. of all taxes) ₹ 60; USP ₹ /g ₹ 0.30
  • MRP ₹ (incl. of all taxes) ₹ 60; USP ₹ per g ₹ 0.30

For a pre-packaged commodity of Net Qty 5L and MRP inclusive of all taxes of ₹500, Unit Sale Price declaration can be specified as given hereinbelow:

  • MRP ₹ (incl. of all taxes); USP ₹ 500; ₹ 100.00/L
  • MRP ₹ (incl. of all taxes); USP ₹ 500; ₹ 100.00 per L
  • MRP ₹ (incl. of all taxes) ₹ 500; USP ₹ 100.00/L
  • MRP ₹ (incl. of all taxes) ₹ 500; USP ₹ 100.00 per L
  • MRP ₹ (incl. of all taxes) ₹ 500; USP ₹ /L ₹ 100.00
  • MRP ₹ (incl. of all taxes) ₹ 500; USP ₹ per L ₹ 100.00

As per Rule 6 and sub-rule 11, the Unit sale price is required to be indicated in rupees, rounded off to the adjacent two decimal places.

Illustration: as declared in response to question no. 2

The spacing condition under Rule 8 of the LMPC Rules, 2011 is not applicable for the Unit Sale Price declaration.

Option 1: The Font size for declaring the Unit Sale Price should be at least 50% of the font size of the MRP declaration. For Example, if the height of the numeral for MRP declaration is 4mm then the height of the numeral for Unit Sale Price declaration cannot be less than 2mm.

Unit sale price is not obligatory to be declared on a ‘Wholesale Package’ as stated in Rule 2(r) of LMPC Rules, 2011.

No, as per Rule 6 sub-rule 10 of the LMPC Rules, 2011, the e-commerce company is required to make sure obligatory declaration as declared in Rule 6 sub-rule 1. Accordingly, the unit sale price is not compulsory to be displayed on e-commerce websites.

No, the requirement of the Unit Sale Price declaration is only limited to product labels. Hence, the Unit Sale Price is not obligatory to be declared in advertisements.

As per the 2nd proviso to Rule 6 sub-rule (11) of unit sale price declaration is not required for the pre-packaged commodities where MRP or retail sale price is equal to the unit sale price.

Hence, pre-packaged commodities in which the net quantity/ length is one gram, one meter, one kilogram, one millilitre, one centimetre, one litre and one unit/number shall not be required to state the Unit Sale Price.

Yes, the Unit Sale Price needs to be declared, but the Unit Sale Price computation shall eliminate the additional volume/units/ quantity being offered for FREE.

An indicative label declaration is given below

CONTENTS:10 N (generic name of commodity) + 1 Free

MRP ₹ (incl. of all taxes):USP ₹ 400; ₹ 40.00 /1N + 1N Free

Net Qty:5 L + 1 L Free

MRP ₹ (incl. of all taxes):USP ₹ 1000; ₹ 200.00/ L + 1L Free

The Unit Sale Price is not needed to be declared on the inner package, however, the outer package must contain all declarations stated under the Rules along with the Unit Sale Price.

Yes, the Unit Sale Price is needed to be declared. Mostly, in such cases, the Unit Sale Price can be calculated by dividing the post-offer MRP (inclusive of all taxes) by the Net Quantity.

An indicative label declaration is given below.

CONTENTS:10N (generic name of a commodity)

MRP ₹ (incl. of all taxes):₹ 400 ₹ 360; ₹ 36.00 /1N

Yes, the Unit Sale Price is needed to be declared on the pack projected for sale, however, the Unit Sale Price computation shall eliminate the value of the product being offered for FREE. It is declared that there is no need of declaring the Unit Sale Price for a Free product.

An indicative label declaration is given below.

Net Qty:900 ml + 1 N (generic name of a commodity) Free MRP (incl. of all taxes).

USP ₹ 180 ₹ 0.20/ml + 1 N of (generic name of commodity) worth ₹ ___ Free

Pre-packaged commodities having a surface area of 100 square centimetres or less OR having MRP of ₹ 35 or less shall not be obligatory to declare Unit Sale Price.

In case of any queries please feel free to connect with our Legal Metrology Professionals. They have years of experience in providing end-to-end consulting services and also assist in obtaining Legal Metrology Registration.

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