CS Executive ECL Notes – The Legal Metrology Act 2009

CS Executive ECL Notes - The Legal Metrology Act 2009

CS Executive ECL Notes – The Legal Metrology Act 2009

Contents

Introduction

An Act to

  • establish and enforce standards of weights and measures,
  • regulate trade and commerce in
    • weights,
    • measures and
    • other goods which are sold or distributed by weight, measure or number

Legal Metrology is the name by which the law relating to weights and measures is known in international parlance.

The scope of legal metrology according to international practice extends to three broad fields of human activities, namely,

  • commercial transactions,
  • industrial measurements and
  • measurements needed to ensure public health and human safety.

Metrology is the name of science of measurement. Legal metrology can be defined as that part of metrology which deals with

  • units of measurement,
  • methods of measurement and
  • measuring instruments concern with statutory, technical and legal requirements

International Organization of Legal Metrology (OIML)


The International Organization of Legal Metrology (OIML) is an intergovernmental treaty organization whose membership includes

  • Member States
    those countries which participate actively in technical activities, and
  • Corresponding Members states,
    those countries which join the OIML as observers.

It was established in 1955 in order to promote the global harmonization of legal metrology procedures.

The OIML develops model regulations and International Recommendations, which provide Members with an internationally agreed-upon basis for the establishment of national legislation on various categories of measuring instruments.

OIML Certificate System for Measuring Instruments

The OIML Certificate System for Measuring Instruments was introduced in 1991 to facilitate administrative procedures and lower the costs associated with the international trade of ‘measuring instruments’ subject to legal requirements.

The System provides the possibility for a manufacturer to obtain an OIML Certificate and a Test Report indicating that a given instrument type (pattern) complies with the requirements of the relevant OIML International Recommendations.

Certificates are delivered by OIML Member States that have established one or several Issuing Authorities responsible for processing applications by manufacturers wishing to have their instrument types (patterns) certified.

Definitions (Section 2)


Meaning of Dealer

Dealer in relation to any weight or measure, means

  • a person who, carries on the business of buying, selling, supplying or distributing any such weight or measure,
    • whether for cash or for deferred payment or for commission, remuneration or other valuable consideration;

and includes

  • a commission agent, an importer, a manufacturer, who sells, supplies, distributes or otherwise delivers any weight or measure manufactured by him to any person other than a dealer;

Meaning of Label

Label means

  • any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity;

Meaning of Legal Metrology

Legal Metrology

  • that part of metrology which treats
    • units of weighment and measurement,
    • methods of weighment and measurement and
    • weighing and measuring instruments,

in relation to the mandatory technical and legal requirements.

Meaning of Manufacture

Manufacture in relation to any weight or measure, means a person who –

  1. manufactures weight or measure,
  2. manufactures one or more parts,
    • and acquires other parts, of such weight or measure
      • and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,
  3. does not manufacture any part of such weight or measure
    • but assembles parts thereof manufactured by others
      • and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,
  4. puts, or causes to be put, his own mark on any complete weight or measure
    • made or manufactured by any other person
      • and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be;

Meaning of Protections

Protections

  • the utilisation of reading obtained from any weight or measure,
    • for the purpose of determining any step which is required to be taken
      • to safeguard the well-being of any human being or animal, or
      • to protect any commodity, vegetationor thing

Meaning of Pre-packed Commodity

Pre-packed Commodity mean a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity;

Definition of Person

Person includes

  1. a Hindu undivided family,
  2. every department or office,
  3. every organisation established or constituted by Government,
  4. every local authority within the territory of India,
  5. a company, firm and association of individuals,
  6. trust constituted under an Act,
  7. every co-operative society, constituted under an Act,
  8. every other society registered under the Societies Registration Act, 1860;

Meaning of Sale

Sale means

  • transfer of property (ownership) in any weight, measure or other goods
    • by one person to another
      • for cash or for deferred payment or for any other valuable consideration

and includes

  • a transfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by instalments,

but does not include

  • a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods;

Meaning of Seal

Seal means

  • a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp;

Meaning of Stamp

Stamp means

  • a mark,
    • made by impressing, casting, engraving, etching, branding, affixing pre-stressed paper seal or any other process in relation to any weight or measure with a view to-
      1. certifying that such weight or measure conforms to the standard specified by or under this Act, or
      2. indicating that any mark (which was previously made thereoncertifying that such weight or measure conforms to the standards specified by or under this Act), has been obliterated;

Meaning of Weight and measure 

Weight and measure means

  • a weight or measure specified by or under this Act and includes a weighing or measuring instrument.

 STANDARD WEIGHTS AND MEASURES

Section 4 (Unit of weight or measure)

Every unit of weight or measure shall be in accordance with the metric system based on the international system of units.  (10 = 101= Deca || 100 = 102 = Hecto || 1000 = 103 = Kilo)

Section 5 (Base units in metric system)

Base unit of

  • length shall be the metre;
  • mass shall be the kilogram;
  • time shall be the second;
  • electric current shall be the ampere;
  • thermodynamic temperature shall be the kelvin;
  • luminous intensity shall be the candela; and
  • amount of substance shall be the mole.

Section 6 (Base unit of numeration)

  • Base unit of numeration shall be the unit of the international form of Indian numeral.
  • Every numeration shall be made in accordance with the decimal system.

Section 7 (Base units shall be the standard units of weights and measures)

  • The base units of weights and measures specified in section 5 shall be the standard units of weights and measures.
  • The base unit of numeration specified in section 6 shall be the standard unit of numeration.

Section 8 (weight or measure conforming to the standard unit shall be the standard weight or measure)

  • Any weight or measure which conforms to the standard unit of such weight or measure and also conforms to such of the provisions of section 7 as are applicable to it shall be the standard weight or measure.
  • Any numeral which conforms to the provisions of section 6 shall be the standard numeral.
  • No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral.

Note:

  • No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8.
  • However, the aforesaid provisions shall not apply for manufacture done exclusively for export or for the purpose of any scientific investigation or research.

Section 11 (Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration)

  1. No person shall, in relation to any goods, things or service,-
    1. quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or
    2. issue or exhibit any price list, invoice, cash memo or other document, or
    3. prepare or publish any advertisement, poster or other document, or
    4. indicate the net quantity of a pre-packaged commodity, or
    5. express in relation to any transaction or protection, any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure or numeration.
  1. The provisions of sub-section (1) shall not be applicable for export of any goods, things or service.

Section 12 (Any custom, usage, etc., contrary to standard weight, measure or numeration to be void)

Any custom, usage, practice or method of whatever nature

  • which permits a person to demand, receive or cause to be demanded or received,
    • any quantity of article, thing or service in excess of or less than, the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing or service,
      • shall be void.

Section 15 (Power of inspection, seizure, etc.)

  1. The Director, Controller or any legal metrology officer may,
    1. if he has any reason to believe that any weight or measure or other goods in respect of which an offence punishable under this Act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in the course of transportation,-
    2. enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto;
    3. seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable under this Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce.
  2. Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director, Controller or legal metrology officer may dispose of such goods in such manner as may be prescribed.
  3. Every search or seizure made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973, relating to searches and seizures.


Section 16 (Forfeiture)

Every non-standard or unverified weight or measure, and every package made in contravention of section 18, used in the course of, or in relation to, any trade and commerce and seized under section 15, shall be liable to be forfeited to the State Government.

Such unverified weight or measure shall not be forfeited to the State Government if the person from whom such weight or measure was seized gets the same verified and stamped.

Section 18 (Declarations on pre-packaged commodities)

  1. No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed.
  1. Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in such form and manner as may be prescribed.

Section 19 (Registration for importer of weight or measure)

No person shall import any weight or measure unless he is registered with the Director in such manner and on payment of such fees, as may be prescribed.

Section 20 (Non-standard weights and measures not to be imported)

No weight or measure, whether singly or as a part or component of any machine shall be imported unless it conforms to the standards of weight or measure established by or under this Act.

Section 22 (Approval of model)

Every person,

  • before manufacturing or importing any weight or measure

shall seek the approval of model of such weight or measure in such manner, on payment of such fee and from such authority as may be prescribed.

No approval required in certain cases

Such approval of model may not be required in respect of any cast iron, brass, bullion, or carat weight or any beam scale, length measures (not being measuring tapes) which are ordinarily used in retail trade for measuring textiles or timber, capacity measures, not exceeding 20 litre in capacity, which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors:

The prescribed authority may, if he is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards established by or under this Act, approve such model without any test or after such test as he may deem fit.

Section 23 (Prohibition on manufacture, repair or sale of weight or measure without licence)

No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a licence issued by the Controller.

No licence to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the State of manufacture of the same.

Offences and penalties


Section 25 (Penalty for use of non-standard weight or measure)

Whoever uses or keeps for use any weight or measure or makes use of any numeration otherwise than in accordance with the standards of weight or measure or the standard of numeration, as the case may be, specified by or under this Act, shall be punished

  • with fine which may extend to Rs. 25,000 and
  • for the second or subsequent offence, with imprisonment for a term which may extend to 6 months and also with fine.

Section 26 (Penalty for alteration of weight and measure)

Whoever tampers with, or alters in any way, any reference standard, secondary standard or working standard or increases or decreases or alters any weight or measure with a view to deceiving any person,

  • except where such alteration is made for the correction of any error noticed therein on verification,

shall be punished

  • with fine which may extend to Rs. 50000 and
  • for the second and subsequent offence with imprisonment for a term which shall not be less than 6 months but which may extend to 1 year or with fine or with both.

Section 27 (Penalty for manufacture or sale of non-standard weight or measure)

Every person who manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or measure which,-

  1. does not conform to the standards of weight or measure specified by or under this Act; or
  2. which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight, measure or numeration specified by or under this Act,

except where he is permitted to do so under this Act,

shall be punished

  • with a fine which may extend to Rs. 20,000 and
  • for the second or subsequent offence with imprisonment for a term which may extend to 3 years or with fine or with both.

Section 30 (Penalty for transactions in contravention of standard weight or measure)

Whoever

  1. in selling any article or thing by weight, measure or number, delivers or causes to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted for or paid for; or
  2. in rendering any service by weight, measure or number, renders that service less than the service contracted for or paid for; or
  3. in buying any article or thing by weight, measure or number, fraudulently receives, or causes to be received any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or
  4. in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for or paid for,

shall be punished

  • with fine which may extend to Rs. 10,000, and,
  • for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both.

Section 31 (Penalty for non-production of documents, etc)

Whoever,

  • being required by or under this Act or the rules made there under to submit returns, maintain any record or register, or being required by the Director or the Controller or any legal metrology officer to produce before him for inspection any weight or measure or any document, register or other record relating thereto,

omits or fails without any reasonable excuse, so to do, shall be punished

  • with fine which may extend to Rs. 5000 and
  • for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

Section 35 (Penalty for rendering services by non-standard weight, measure or number)

Whoever

  • renders or causes to be rendered, any service through means other than the weight or measure or numeration or in terms of any weight, measure or number other than the standard weight or measure,

shall be punished

  • with fine which shall not be less than Rs. 2000 but which may extend to Rs. 5000 and
  • for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both.

Section 36 (Penalty for selling, etc., of non-standard packages)

  1. Whoever
    • manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act,
      shall be punished
    • with fine which may extend to Rs. 25,000,
    • for the second offence, with fine which may extend to Rs. 50,000 and
    • for the subsequent offence, with fine which shall not be less than Rs. 50,000 but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.
  2. Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished
    • with fine which shall not be less than Rs. 10,000 but which may extend to Rs. 50,000 and
    • for the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.

Section 42(Vexatious search)

The Director, the Controller or any legal metrology officer, exercising powers under this Act or any rule made there under, who knows that there are no reasonable grounds for so doing, and yet-

  1. searches, or causes to be searched, any house, conveyance or place; or
  2. searches any person; or
  3. seizes any weight, measure or other movable property; shall, for every such offence,

be punished

  • with imprisonment for a term which may extend to one year, or
  • with fine which may extend to Rs. 10,000 or with both.

Penalty for counterfeiting of seals (Section 44)

Whoever counterfeits any seal specified by or under this Act or the rules made thereunder, or sells or otherwise disposes of any counterfeit seal, or possesses any counterfeit seal, or counterfeits or removes or tampers with any stamp, specified by or under this Act or rules made thereunder, or affixes the stamp so removed on, or inserts the same into, any other weight or measure, shall be punished

  • with imprisonment for a term which shall not be less than six months but which may extend to one year and
  • for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.

Compounding of offence

In terms of offence punishable under section 25, sections 27 to 39, sections 45 to 47 either before or after the institution of the prosecution, be compounded, on payment for credit to the Government of such sum as may be prescribed.

However, the Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) of section 52. The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 to 47, and any rule made under sub-section (3) of section 52:

Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded.

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