(2) Whoever obtains, by unlawful means, any seal specified by or under this Act or the rules made thereunder and uses, or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seal is authorised by or under this Act or the rules made thereunder 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. 45 Penalty for manufacture of weight and measure without licence. (iii) he makes a request in writing to the Director or the concerned Controller or the legal metrology officer under intimation to the company, to cancel the nomination, which request shall be complied with by the Director or the concerned Controller or the legal metrology officer, whichever is the earliest, continue to be the person responsible: Provided that where such person ceases to be a director of the company, he shall intimate the fact of such cessation to the Director or the concerned Controller or the authorised officer: Provided further that where such person makes a request under clause (iii) the Director or the concerned Controller or the authorised officer shall not cancel such nomination with effect from a date earlier than the date on which the request is made. Full text containing the act, Legal Metrology Act, 2009, with all the sections, schedules, short title, enactment date, and footnotes. Please suggest corrections. 6. 24. —Whoever—. STANDARD WEIGHTS AND MEASURES Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. —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 two thousand rupees but which may extend to five thousand rupees 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. Explanation.-For the purposes of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence. Power of the Central Government to make rules. —, 42 Vexatious search. Reference, secondary and working standard. —Any transaction, dealing or contract in respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as may be prescribed. The Legal Metrology Act, 2009 (Act 1 of 2010) repeals and replaces the Standard of Weights and Measures Act, 1976 and the Standards of weights and Measures (Enforcement) Act, 1985. (4) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication in Official Gazette. CHAPTER V (4) The Government approved Test Centre shall appoint or engage persons having such qualifications and experience and collect such fee on such terms and conditions for the verification of weights and measures specified under sub-section (2) as may be prescribed. 41 Penalty for giving false information or false return. (i) counterfeits any seal specified by or under this Act or the rules made thereunder, or, (ii) sells or otherwise disposes of any counterfeit seal, or, (iv) counterfeits or removes or tampers with any stamp, specified by or under this Act or rules made thereunder, or. —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: Provided that 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 twenty litre in capacity, which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors: Provided further that 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. Appointment of Controller, legal metrology officers and other employees. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration. 33 Penalty for use of unverified weight or measure. Penalty for manufacture or sale of non-standard weight or measure. Provisions of this Act to override provisions of any other law. —Whoever violates section 11 shall be punished with fine which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. Verification And Stamping Of Weight Or Measure. (ii) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited. Prin. Provided that 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 twenty litre in capacity, which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors: Provided further that 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. (4) Every legal metrology officer appointed under sub-section (1) shall exercise and discharge the duties under the general superintendence, direction and control of the Controller. (5) The Director, the Controller and every legal metrology officer authorised to perform any duty by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:-. Provided that 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 within such time as may be prescribed. Penalty for use of unverified weight or measure. the Maharashtra Legal Metrology (Enforcement) Rules, 2011. Reeta Gupta vs State Of U.P. The Chapter includes Standard Weights and Measures, Appointment and Power of Director, Controller And Legal Metrology Officers, Verification and Stamping of Weight or Measure, Offences And Penalties. Provisions of Indian Penal Code and Code of Criminal Procedure not to apply. 47. (2) Every numeration shall be made in accordance with the decimal system. Download Free Sample and Get Upto 10% OFF on MRP/Rental. 4. (a) from every decision or order under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52 by the legal metrology officer appointed under section 13, to the Director; (b) from every decision or order made by the Director of Legal Metrology under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52, to the Central Government or any officer specially authorised in this behalf by that Government; (c) from every decision given by the Controller of Legal Metrology under delegated powers of Director Legal Metrology to the Central Government; (d) from every decision given or order made under sections 15 to 18, sections 23 to 25, sections 27 to 37, sections 45 to 47 or any rule made under sub-section (3) of section 52 by any legal metrology officer appointed under section 14, to the Controller; and. (2) Every reference standard, secondary standard and working standard shall be verified and stamped in such manner and after payment of such fee as may be prescribed. Existing Director, Controller and legal metrology officer not to be affected by the new qualification to be prescribed. 12 Any custom, usage, etc., contrary to standard weight, measure or numeration to be void. The Legal Metrology (Packaged Commodities) Rules, 2011. (1) No person shall, in relation to any goods, things or service,-, (a) quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or, (b) issue or exhibit any price list, invoice, cash memo or other document, or, (c) prepare or publish any advertisement, poster or other document, or, (d) indicate the net quantity of a pre-packaged commodity, or. (6) No offence under this Act shall be compounded except as provided by this section. 43. 5 Base unit of weights and measures. 1. In many cases, it may happen that the importer is oblivious of the country where the product has undergone manufacturing or the country where it was as… (e) 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. Call For Papers: Modern Socio-Legal Issue at Legal Humming: Submit Now ! 22. Compounding of offences. 3. 28 Penalty for making any transaction, deal or contract in contravention of the prescribed standards. Objectives of the Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-. (viii) 21 of 1860. every other society registered under the Societies Registration Act, 1860; (i) a place where any business, industry, production or transaction is carried on by a person, whether by himself or through an agent, by whatever name called, including the person who carries on the business in such premises. 53. 7th March 2011 . 33. The J&K Standards of Weights & Measures (Enforcement) Rules,2009 PDF; Legal Metrology (Packaged Commodities Rules),2011; Liquefied Petroleum Gas Order 2000 issued under Essential Commodities Act,1955; MS/HSD (Regulation of Supply and Distribution and Prevention of Malpractices) Order,2005 issued under Essential Commodities Act,1955 NO. —Every person who manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or measure which,—. 28. (c) 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 ten thousand rupees or with both. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. (a) "Controller" means the Controller of Legal Metrology appointed under section 14; (b) "dealer", in relation to any weight or measure, means a person who, carries on, directly or otherwise, 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; (c) "Director" means the Director of Legal Metrology appointed under section 13; (d) "export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India; (e) "import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India; (f) "label" means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity; (g) "Legal Metrology" means 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 which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements; (h) "legal metrology officer" means Additional Director, Additional Controller, Joint Director, Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector appointed under sections 13 and 14; (i) "manufacturer" in relation to any weight or measure, means a person who -. - (1) This Act may be called the Legal Metrology Act, 2009. The Legal Metrology Act, 2009 was introduced under central jurisdiction as a model act, each state in India has a will to adopt the act with or without modifications. Petroleum Traders ... vs Union Of India & Ors. Understanding Legal Metrology Act, 2009 & Packaging & Labelling Laws in India. Read Judgment, Weights & Measures: All about Legal Metrology Act, 2009 By Anwesha Das, India pushes to legalise Indian Standard Time (IST), to increase security & protection against Cyber Attacks. The Legal Metrology Act, 2009; Title View/Download ; The Legal Metrology Act, 2009 : View : 1st Corrigendum in the Act : Download (2.06MB) 2nd Corrigendum in the Act : Download (2.27MB) Notification January 1, 2011 : Download (261.36KB) Notification … (3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as may be prescribed. Bharti Telemedia Ltd vs Commissioner Of Customs (Import) ... on 15 July, 2015, Bausch And Lomb Eyecare (I) ... vs State By on 29 August, 2019, Smt. Legal Metrology Act,2009 (PDF File) CHAPTER I PRELIMINARY 1. 10. Act No. Short title and commencement.-(1) These rules may be called the Karnataka Legal Metrology … Verification and stamping of weight or measure. (1) ThisAct may be called the Legal Metrology Act, 2009..(2) It extends to the whole of India. —Whoever, being required by or under this Act or the rules made thereunder 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 five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. (7) The Central Government may, with the consent of the State Government and subject to such conditions, limitations and restrictions as it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal metrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fit to any legal metrology officer and where any such delegation of powers is made by such Controller, the person to whom such powers are delegated shall exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation. 2. The Legal Metrology Act, 2009 (1 of 2010) was implemented with effect from 1st April, 2011 the preamble of the act is as follows: 2. CHAPTER III with clause (l) of sub-section (2) of section 52 of the Legal Metrology Act, 2009 (1 of 2010), the Central Government hereby makes the following rules, namely:- 1. NOTIFICATION . Get details about the Legal Metrology Act, 2009. (4) No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8: Provided that provisions of this section shall not apply for manufacture done exclusively for export or for the purpose of any scientific investigation or research. (4) Every appeal shall be preferred on payment of such fees, as may be prescribed. —, 14 Appointment of Controller, legal metrology officers and other employees. Any custom, usage, etc., contrary to standard weight, measure or numeration to be void. Offences by companies and power of court to publish name, place of business, etc., for companies convicted. —Whoever makes any transaction, deal or contract in contravention of the standards of weights and measures specified under section 10 shall be punished with fine which may extend to ten thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. 55. Definitions.— In these rules, unless the context otherwise requires,— (a) “Act” means the Legal Metrology Act, 2009 (1 of 2010); Declarations on prepackaged commodities. Legal Metrology Act 2009 (Central Act No. —, 9 Reference, secondary and working standard. 9 of 2014: Legal Metrology Act, 2014 AIDS HELPLINE: 0800-123-22 Prevention is the cure . Explanation.-Where a company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this sub-section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, branch or unit. (4) The physical characteristics, configuration, constructional details, materials, equipments, performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be prescribed. 48. 26 Penalty for alteration of weight and measure. 13. CHAPTER II Central Government Act. 16. 49 Offences by companies and power of court to publish name, place of business, etc., for companies convicted. (2) Where any owner or employee of a Government Approved Test Centre performing duties in accordance with the provisions of this Act or the rules made thereunder, wilfully verifies or stamps any weight or measure in contravention of the provisions of this Act or the rules made thereunder, he shall, for every such contravention, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both. (2) The base unit of numeration specified in section 6 shall be the standard unit of numeration. —, M/S. 47 Penalty for tampering with licence. Units of weights and measures to be based on metric system. (a) searches, or causes to be searched, any house, conveyance or place; or. THE LEGAL METROLOGY ACT, 2009 . (a) used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, for the use of the Armed Forces of the Union; (b) used for scientific investigation or for research; (2) The rules made by a State Government under the Standards of Weights and Measures (Enforcement) Act, 1985 which are in force immediately before the commencement of this Act shall remain in force until the State Government, makes rules in that behalf. Penalty for counterfeiting of seals, etc. —Whoever, being required to obtain a licence under this Act or the rules made thereunder repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in possession of a valid licence, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. (iv) every local authority within the territory of India. (b) the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. —Where the Controller or any legal metrology officer exercising powers under this Act or any rule made thereunder, wilfully verifies or stamps any weight or measure, in contravention of the provisions of this Act or of any rule made thereunder, he 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 ten thousand rupees or with both. CHAPTER I (6) No publication under sub-section (5) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of. 21. Help us improve! (2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral. 45. 1(E), dated 31st December, 2010, see Gazette of India, Extraordinary, Part II, Sec. Understanding Legal Metrology Act, 2009 & Packaging & Labelling Laws in India. (3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions of this Act. (2) 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. (3) The person nominated under sub-section (2) shall, until-, (i) further notice cancelling such nomination is received from the company by the Director or the concerned Controller or the authorised officer; or, (ii) he ceases to be a director of the company; or. (v) a vehicle or vessel or any other mobile device, with the help of which any transaction or business is carried on; (o) "prescribed" means prescribed by rules made under this Act; (p) "repairer" means a person who repairs a weight or measure and includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standards established by or under this Act; (q) "State Government", in relation to a Union territory, means the Administrator thereof; (r) "sale", with its grammatical variations and cognate expressions, means transfer of property 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; (s) "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; (t) "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- , or, (i) certifying that such weight or measure conforms to the standard specified by or under this Act, or. (2) Any company may, by order in writing, authorise any of its directors to exercise all such powers and take all such steps as may be necessary or expedient to prevent the commission by the company of any offence under this Act and may give notice to the Director or the concerned Controller or any legal metrology officer authorised in this behalf by such Controller (hereinafter in this section referred to as the authorised officer) in such form and in such manner as may be prescribed, that it has nominated such director as the person responsible, along with the written consent of such director for being so nominated. 38. 44. (d) 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 ten thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. 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