An analysis of the Legal Metrology act, 2009.
The Legal Metrology Act, 2009 repeals and replaces both the Standards of Weights and Measures Act of 1976 and the SoWM (Enforcement) Act of 1985.
- It amalgamates similar provisions of both the previous acts. The provisions applicable to inter-state trade or commerce (Section 31 to 46, Part IV of the SoWM Act, '76 and later included in the SoWM (Enf) Act of '85 for applicability in intra-state trade are now consolidated. While the Director will enforce the provisions in inter-state trade, the State Controllers will enforce the provisions in intra-state trade in their respective states.
- Many of the provisions of both the acts are now relegated to respective Rules made under the new Act.
Important Deletions
- Inter-State Verification
Provisions under Chapter V/ Part IV of the '76 Act regarding verification of stamping of w & m sent from one state to another dropped. Now, they will be verified in the state of origin at the premises of a manufacturer. It will again be verified in the state where it is transferred. The validity of verification will be limited within the state. The SoWM (Inter-State Verification and Stamping) Rules, 1987 now stand dormant. - Registration of exporters
Now, only permission for manufacture of non-standard w & m for export will be required. - Cognizance of Offenses
Section 72 of the SoWM Act, 1976 has not been included in the new Act. So permission of the Controller will not be required to file a complaint now. Also, the trial Court will be determined by the provisions of the Cr. P. C., 1972, and not limited to the Court of the Metropolitan or 1st Class Judicial Magistrate. There will also be no summary trial. - Power of State Governments to approve models
Section 73 of the SoWM (Enforcement) act, 1985 finds no place in the new Act. so, approval of models of w & m to be sold exclusively within the State will no longer be granted by the State government. - Approval of Models of Weights or Measures for exclusive domestic use
Section 36(1)(e) of the SoWM Act, 1976 is not included in the proviso to Section 22 of the new Act. So, weights and measures, even if made exclusively for domestic use, will require approval of model. - Transmission of Business
Section 67 of the SoWM (Enforcement) Act, 1985 which allowed the heirs or legatees to continue business without license for 60 days from the date of transmission of business before obtaining a fresh license stands withdrawn. The provision is not included in the new Act. - Verification of Weights and Measures used for Industrial Production
Section 24 (1) of the new Act does not include the term "for industrial production" which require verification and stamping as was provided under Section 24 (1) of the SoWM (Enforcement) Act, 1985. However, the definition of "protection" is so worded that it might include "industrial production". - Power to authorize Inspectors to adjust weights or measures
Section 6 of the SoWM (Enforcement) Act, 1985 empowering Controllers to authorize any Inspector to adjust any weight or measure is not included in the new Act.
Important Additions
- Definition of "Protection"
The term Protection is now defined. It 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;
It is very difficult to apprehend the meaning or intention of this legislation. In any industry, reading obtained from any weight or measure is utilized for determination of any misuse, pilferage or wastage of any commodity used as a raw material i.e. for protection of the commodity. So, it may be construed to include the term "industrial production" within the meaning of "protection". - "Legal Metrology" and "Legal Metrology Officer" Defined.
Now, all officers under the Director or the Controller are Legal Metrology Officer. - Use of Paper Seal
Now, affixing pre-stressed paper seal is recognized as a means of stamping. - Power of the Director and the Controller
The Director will enforce the provisions in relation to inter-state trade and commerce. The Controller will function in relation to intra-state (within the state) trade or commerce. - Government Approved Test Centres
The Central Government may notify the kinds of weights and measures, verification of which may be allotted to GATC. However, no such notification has yet been issued. - Nomination of a Director
Under Section 49 (1) of the new Act, when an offense has been committed by a company, the Director nominated by the Company shall be held liable for the offense. However, it does not grant immunity to the Company or its other officers, if any connivance is detected.
A comparative study of the new Act and previous Acts
