An Overview of the Legal Metrology Act, 2009

Newly introduced definitions

Legal Metrology

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.

Protection

Protection means the utilization 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, vegetation or thing, whether individually or collectively

Pre-packaged Commodity

Pre-packaged commodity means 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.

Declaration on Pre-packaged Commodities

• Manufacturing, packing, selling or importing any pre-packaged commodity is prohibited unless it is in a standard quantity and carries all prescribed declarations. Section 18(1)
  Penal provision is Section 36(1)
• Any advertisement mentioning retail price of packaged commodity shall also contain the net quantity thereof. Section 18(2)
• If the net quantity in a pre-packaged commodity is short or excess beyond the prescribed MPE, the offence will be punishable under Section 36(2)

For details An overview the Packaged Commodities Rules, 2011

Approval of Models

All weights or measures, except cast iron, brass, bullion or carat weight, beam scales, length measure (but not measuring tape) and capacity measures up to 20 litre capacity, will require approval of model before manufacturing or importing. Section 22.
Penal provision is Section 32

Hitherto, model approval for any weighing or measuring instruments manufactured exclusively for domestic use was not required. Now, the exemption is withdrawn.

Approval of model will be granted by the Director of Legal Metrology, Government of India and the models will be tested at a Recognized Laboratory.

Section 73 of the SoWM (Enforcement) act, 1985 has not been included in the new Act. Power of State government to grant approval of model of weights and measures to be sold within the State now stands withdrawn.

For details view the Approval of Model Rules, 2011

License

• No person shall manufacture, sell or repair any weight or measure without obtaining a license from the Controller of Legal Metrology. Section 23
• A licensee is required to maintain records and registers as prescribed. Section 17(1)
• He is also required to to produce the records and registers at the time of inspection.
  Section 17(2)
• Violation of the provisions by manufacturers will be punishable under Section 45
• Violation of provisions by the dealers and repairers will be punishable under Section 46
• The license will be issued by the Controller of Legal Metrology of the State.
• The existing lisenses will remain valid up to the date of their validity and will be renewable as per revised provisions.

View the provisions on Licensing    |    Download all application and Register formats

Importing Weights and Measures

• No one may import any weight or measure unless he is registered with the Government of India. Section 19
• No weight or measure or any component thereof may be imported unless it conforms to the standard set by the Act and the Rules made thereunder. Section 20
• Approval of model of the imported weight or measure will be required. Section 22

Download the required application formats for registration / approval of model from the Download section

View the Provisions on Import / Export of W&M

Regulations on Export/Inter-State Trading withdrawn

• For exporting weights and measures no registration will be necessary. However, if the items to be exported are non-standard, the manufacturer will have to obtain permission from the Central Government. [Rule 19 of LM (General) rules, 2011]
• Submission of return to the transferee state in inter-state trading of weights and measures is discontinued. The weights and measures will be verified in the state of origin as well as in the state where it will be sold by a dealer or used by an user.

Verification of Weights and Measures

• Every weight or measure are required to be get verified before putting them into use in any transaction or protection. Section 24 (1)
• Selling, transfer or using any unverified weight or measure is punishable under Section 33

Detailed Provisions on Verification and Stamping

• No offense can be compounded if the same or similar offense was committed earlier by the person within three years of date of first offense. which was compounded.

View the Offenses and Penalties Chart

Offenses by Companies

Section 49

• A company may nominate a person who will be responsible for the conduct of the company. Such nomination should be communicated to the Director of Legal Metrology or the concerned Controller.
• The nominated person and the company itself will be held responsible for violation of provisions of the Act.
• When no person is nominated, the person who is in charge or responsible to the company will be held responsible.
• Even if a person is nominated, any other person responsible to the company and due to whose consent or negligence led to the violation will also be held liable for any offense committed.
• When a company is convicted, the Court may direct the company to publish its name and the offense committed by it in the newspapers at the cost of the company.

Details    |    View the Nomination Form

Appeal

Section 50

• Every decision or order of an officer of Legal Metrology will be appealable to the next higher authority within 60 days of passing the order or decision.
• The Central or the State Government may call for records from its officer for examination and passing appropriate orders.

Details    |    View the Format for appeal

Rule Making Power

Section 52 (Central Government)

The Central Government may make Rules regarding

• Physical characteristic, metrological requirements and test and verification procedures of all weights, measures and measuring instruments.
• Period of re-verification.
• Reference, Secondary and Working Standards.
• Packaged commodities
• Approval of Models
• Fee payable on compounding of offenses

Section 53 (State/UT Governments)

The State/UT Governments may make Rules, by notification and after consultation with the Central Government, regarding

• Terms and conditions for license, Registers and records to be maintained by licensee.
• Fees payable for verification and re-verification.
• Fees for compounding of offenses.