Rules 22 and 23 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 22 says that the maximum permissible error for a commodity is the one set in the First Schedule, and lists what must be taken into account in setting it. Rule 23 deals with a package whose quantity is correct but whose design gives an exaggerated impression of quantity: it must be repacked and relabelled, or seized.
The maximum permissible error (MPE) is the shortfall in a package's net quantity that the Rules tolerate; it comes from the First Schedule (Table I for weight or volume, Table II for length, area or number). Rule 22(2) lists the causes behind the tolerance, and rule 22(3) lets the officer fix variations for "when packed" goods. A deceptive package under rule 23 must be repacked and relabelled, failing which it is seized and the manufacturer or packer faces punitive action.
Rule 22: how the tolerance is set
Rule 22(1): the MPE for commodities "shall be such as is indicated in the First Schedule". Rule 2(e) defines MPE as "an error in deficiency which, subject to the provision of these rules, does not exceed the limits specified in the First Schedule". The word to notice is deficiency: the definition is about shortfall, not excess.
Rule 22(2): in establishing the MPE for net quantity, "due account shall be taken" of three causes of variation:
- (a) unavoidable deviation in weighing, measuring or counting that may occur in good packaging practice;
- (b) variations caused by ordinary and customary exposure to climate, transport, storage or the like in good distribution practice after the commodity enters trade; and
- (c) variations due to the nature of the packaging material or container.
Rule 22(3): the Director, Controller or Legal Metrology Officer shall determine, or cause to be determined, for any commodity whose net quantity declaration is allowed to carry the words "when packed", the reasonable variations that may occur by reason of environmental conditions. This links to the dealer protection in rule 21. The rule does not list the commodities allowed the legend.
The error limits drive the tests in rule 19 and the section 36(2) offence in the Act, which punishes packing or importing with an error in net quantity "as may be prescribed". If you want a second pair of eyes on whether your pack sizes and tolerances work together, our legal consultation team can help.
First Schedule, Table I: weight or volume
Paragraph 1 of the First Schedule says the MPE, "in excess or in deficiency", in net quantity by weight or volume is as in Table I. Each row gives either a percentage of the declared quantity or a figure in g or ml.
| Declared quantity (g or ml) | MPE as % of declared quantity | MPE in g or ml |
|---|---|---|
| Up to 50 | 9 | - |
| 50 to 100 | - | 4.5 |
| 100 to 200 | 4.5 | - |
| 200 to 300 | - | 9 |
| 300 to 500 | 3 | - |
| 500 to 1000 | - | 15 |
| 1000 to 10000 | 1.5 | - |
| 10000 to 15000 | - | 150 |
| More than 15000 | 1.0 | - |
The table, as scanned, is readable, and the percentage and gram figures match up at the band edges (for example 4.5 per cent of 100 is 4.5). The text does not say which band a quantity exactly at an edge such as 100 g belongs to.
Rounding (paragraph 1(2)). A percentage MPE is rounded to the nearest one-tenth of a g or ml for declared quantities of 1000 g or ml or less, and to the next whole g or ml for declared quantities above 1000 g or ml.
First Schedule, Table II: length, area or number
Paragraph 2 sets the MPE for net quantity declared in length, area or number of any commodity "not specified in the First Schedule" (the scan of this sentence is slightly unclear):
| Declared in | MPE |
|---|---|
| Length | 2% of declared quantity up to 10 metre and thereafter 1% of declared quantity |
| Area | 4% of declared quantity up to 10 sq. metre and thereafter 1% of declared quantity |
| Number | 2% of declared quantity |
The Schedule, as printed in the consolidation, carries no commodity-wise lists beyond these two tables. The Seventh Schedule forms refer to "Schedule First/Second" and "Class A/B" for classification; the consolidation's First Schedule does not show a class-wise scheme, so check the gazette before relying on it.
How MPE works in an inspection
| Step | Rule | Use of MPE |
|---|---|---|
| Sampling | Rule 19 and Fifth Schedule | MPE in grams found for the declared quantity |
| Lot approval | Rule 19(6) | Count of packages over MPE must not exceed column 4; none may exceed twice MPE |
| Action | Rule 20 | Seizure if those limits fail |
| Shop test | Rule 21 | Deficiency "more than the maximum permissible error" leads to seizure from the dealer |
Reading the table: a declared 250 g pack falls in "200 to 300", so the MPE is 9 g. A 1 kg pack sits at the edge of "500 to 1000" (15 g) and "1000 to 10000" (1.5 per cent); 1.5 per cent of 1000 g is also 15 g, so the edge question does not change the result there.
Rule 23: deceptive packages
Rule 23(1). If, on determining the quantity in sample packages, the officer finds that the quantity agrees with the declaration but "the package is a deceptive package", the officer must require the manufacturer or packer to repack and re-label the package. If the manufacturer or packer omits or fails to do so "in accordance with the standards established by or under these rules", the officer must seize the packages, take appropriate punitive action under the Act, and take adequate steps for safe custody until they are produced in court as evidence.
Explanation. A "deceptive package" is one "so designed as to deliberately given to the consumer an exaggerated or misleading impression as to the quantity of the commodity contained therein". The exception: bigger dimensions can be justified by the manufacturer or packer on the ground that such dimensions are necessary for protection of the commodity or for meeting the requirements of the machine used for filling the package.
Rule 23(2). If seized packages contain a commodity "subject to speedy or natural decay", the officer disposes of it "in accordance with the rules made under the Act".
Two points matter in practice. First, the rule is triggered even when the net quantity is correct: the offence is in the design. Second, the defence is on the manufacturer or packer to justify the dimensions, and the two grounds named are protection and machine filling. The text does not list other grounds, and "deliberately" in the Explanation makes intent part of the test. Packs declared in standard quantities are dealt with separately in rule 5.
Practical examples
Example 1. A 500 ml bottle is tested. The declared volume falls in "300 to 500", MPE 3% (15 ml). A sample bottle is short by 10 ml: within MPE. Another is short by 40 ml: that is above twice MPE (30 ml), which under rule 19(6) fails the lot regardless of the column 4 count.
Example 2. A cosmetic comes in a tall box with a thick cardboard insert, and the cream inside fills a fraction. If the packer cannot justify the dimensions on the two grounds in the Explanation, rule 23(1) requires repacking and relabelling, or seizure.
Need help with tolerances and pack design?
Tolerances, "when packed" legends and pack dimensions can all be tested by an officer. Our legal consultation service can review your pack sizes and labels against rules 22 and 23 and the First Schedule.
Key takeaways
- MPE is an error in deficiency that does not exceed the limits in the First Schedule.
- Table I covers weight and volume in nine bands; Table II covers length, area and number.
- Percentage MPE is rounded to 0.1 g or ml up to 1000 g or ml, and to the next whole g or ml above it.
- "When packed" variations are determined by the officer under rule 22(3).
- A deceptive package with correct quantity must still be repacked and relabelled, unless its dimensions are justified by protection or machine filling.
- Rules as amended up to March 2022; check later amendments.
Read next
- Rule 19 Fifth Schedule: selection of sample packages
- Rule 20 of the Packaged Commodities Rules, 2011: Action after inspection
- Rule 21 of the Packaged Commodities Rules, 2011: Inspection at wholesale or retail premises
- Requirement of standard quantities in packaged goods
Disclaimer: Based on the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended up to March 2022; check later amendments), read with the Legal Metrology Act, 2009 (Act 1 of 2010), as on 30 September 2026. The Jan Vishwas (Amendment of Provisions) Act, 2023 (in force) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (in force only from the date the Central Government notifies) amend the Act's penalty and procedure sections, not rules 22 and 23 or the First Schedule. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.