Relaxation Under Rule 33(1) Of Legal Metrology (Packaged Commodities) Rules 2011

Department of Consumer Affairs, Legal Metrology Division, Order dated 4th December, 2017:- In exercise of the powers conferred by rule 33(1) of the Legal Metrology (Packaged Commodities) Rules, 2011, in respect of Single Brand retail trading entities the Central Government hereby relaxes the manner of declaration of the retail sale price for a period of one year from the date of this order, in the following manner and subject to the conditions mentioned thereunder.

(1) This order shall be applicable to (a) the products sold under a single brand through exclusive retail stores by such Foreign Single Brand retail trading entities which have approval of investment in India or (b) such domestic entities which fulfill the criteria of single brand retailing, namely the products branded during manufacturing and sold under a single brand through exclusive retail stores;

(2) Retail sale price of the products displayed for sale on the racks in a store will be made through the labels affixed to the racks. Additionally, the pre-packaged commodities for sale shall contain bar codes on the principal display panel, which will show the retail sale price when read using price scanners available across the store. The above entities shall ensure that Price Scanners are in working condition at all times.

(3) Once a pre-packaged commodity is imported into the country or manufactured/packaged within the country, the retail sale price of the same shall not be escalated upwards during product lifecycle. For ensuring compliance to the aforementioned requirement and consistency of pricing, the single brand retail entity shall undertake on its own cost to:
a) Make the retail sale price information available on its website;
b) Print a catalogue of retail sale prices and make the copies of the same available to the Director of Legal Metrology and Controller of Legal Metrology under whose jurisdiction the retail stores are located;
c) Deposit the retail sale price information with a third party repository. The repository shall provide information regarding the retail sale price to consumers who wish to cross verify the same, through a consumer friendly web based App and a call centre with toll free number. Information regarding the aforementioned facility shall be prominently displayed on the website of the single brand retail trading entity and near the billing counter of the store;
4) Except for the above mentioned relaxation, the provisions of the Legal Metrology Act, 2009 and rules made there under and other Laws in force shall be applicable to the single brand retail trading entities in the same manner as they apply to others;

5) The above mentioned relaxation may be reviewed or withdrawn at any point of time by the central government in case of non-compliance of the conditions by the single brand retail entity, in addition to initiation of action under the Legal Metrology Act and the rules;

6) Provisions of this order do not preclude declaration of the MRP on pre-packaged commodities, by means permitted under the Legal Metrology (Packaged Commodities) Rules, if the Single Brand Retail Entity chooses to do so.

7) No entity can start availing the relaxation until it satisfies to the Department of Consumer Affairs, Government of India that it fulfils the conditions mentioned above and receives specific approval of the central government.

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