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 objects of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements.
The Legal Metrology Act, 2009 (1 of 2010) was implemented with effect from 1st April, 2011 the preamble of the act is as follows:
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 weights, measure or number and for matters connected therewith or incidental thereto”.
3. As per section 57(1) of the Act the standards of weights and measures Act, 1976 and the Standards of weights and measures (Enforcement) Act, 1985, is hereby repealed.
4. The salient feature of the Act is as follows:
(I) every unit of weight or measure shall be in accordance with the metric system based of the international system of units.
5.(1) The base of unit of-----
(i) length shall be the metre
(ii) mass shall be the kilogram;
(iii) time shall be the second;
(iv) electric current shall be the ampere;
(v) thermodynamic temperature shall be the Kelvin;
(vi) luminous intensity shall be the candela; and
(vii) amount of substance shall be the mole.
(2) The specification of the base units mentioned in sub-section (1), derived units and other units shall be such as may be prescribed.
Licences for Manufacturer, Repairer and Dealer of Weights & Measures Items
Extract from Section 23 of Legal Metrology Act 2009
1. No person shall manufacture, repair or sell or offer, expose or possess for repair or sale, any weight or measure unless he holds a valid licence issued by the Controller under sub-section (2) Provided that 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.
2. For the purpose of sub-section (1), the Controller shall issue a licence in such form and manner, on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be prescribed. Extract from Rule 11, 12 and 13 of Meghalaya Legal Metrology (Enforcement) Rules, 2011
Licencing of manufacturer, repairer and dealer of Weights and Measures –
1. Every manufacturer or repairer of, or dealer in, weight or measure shall make an application for the issue of a licence to the Controller Legal Metrology or such other Officer as may be authorised by him in this behalf, in the appropriate form set out in Schedule II-A.Provided that no licence to repair shall be required by a manufacturer to repair weight or measure manufactured by him and used in a state other than the state of manufacture of the same, but the manufacturer has to inform in advance the concerned legal metrology officer about the repairing.Provided further that non-tribal manufacturer/repairer/dealer who operates business in the Sixth Scheduled Areas of Meghalaya shall obtain Trading Licence from the respective Autonomous District Councils of the State of Meghalaya.
2. Every manufacturer or repairer of, or dealer in weight or measure shall make an application for the renewal of a licence within thirty days before the expiry of validity of the licence to the Controller Legal Metrology or such other officer as may be authorised by him in this behalf, in the appropriate form set out in Schedule II-B.
3. Every licence issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule III.
4. Every licence issued to a manufacturer, repairer, or dealer shall be valid for a minimum period of one calendar year and may be renewed for a period of one to five years, by the Controller or such other Officer as may be authorised by him in this behalf on payment of per year fees as specified in the Schedule IV.
5. The fee payable for the alteration of a licence or for the issue of a duplicate licence shall be one half of the licence fee as specified in Schedule IV.Provided that an additional fee at full rates specified in Schedule IV shall be payable by the applicant if he is permitted by the Controller to make an application for the renewal of a licence within a period of three months from the date of expiry of the licence.
6. The Controller or such other officer as may be authorised by him in this behalf shall maintain a register of licenced manufacturers, dealers and repairers in the form set out in Schedule V.
7. Every manufacturer / repairer or dealer licenced under the Act and under these rules shall maintain such workshop / equipments / tools / registers etc. as the case may be, as per the terms and conditions of the licence.
8. Every repairer licenced under the Act and under these Rules shall furnish a security deposit for each licence to the State Government as specified in Schedule VI.
9. Every licence issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the licencee carries on business.
10. A licence issued or renewed under this Act shall not be saleable nor transferable.
Suspension and cancellation of licence granted-
1. The Controller or such other officer authorised by him on this behalf may, if he has any reasonable cause to believe that the holder of any licence issued, renewed or continued under this Act has made any statement in, or in relation to, any application for the issue, renewal or continuance of the licence, which is incorrect or false in any material particular or has contravened any provision of the Act or any rule or order made there-under shall suspend such licence, pending the completion of any inquiry against the holder of such licence.Provided that no such licence shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action: Provided further that where the inquiry referred to in this sub-rule is not completed within a period of three months from the date of suspension of a licence, such suspension shall, on the expiry of the period aforesaid, stand vacated.
2. The Controller or such other officer authorised by him on this behalf may, if he is satisfied, after making such inquiry as he may think fit, that the holder of licence has made a false or incorrect statement of the nature referred to in sub-rule (1), or has contravened any law or order referred to in that sub-rule, cancel such licence:
Provided that no such licence shall be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.
3. Every person whose licence has been suspended shall, immediately after such suspension, stop functioning as such licencee and shall not resume business as such licencee until the order of such suspension has been, or stands, vacated.
4. Every licencee whose licence has been suspended or cancelled shall, after such suspension or cancellation, as the case may be, surrender such licence to the authority by which such licence was issued.
5. Every licencee whose licence has been cancelled shall, within a period of thirty days from the date of such cancellation, or within such further period, not exceeding three months from such date, as the Controller or such other officer authorised by him on this behalf may, on sufficient cause being shown, allow, dispose of the weights or measures which were in his possession, custody or control on the date of such cancellation and in the event of his failure to do so, the Controller or any other officer authorised by him, in writing, in this behalf, may seize and dispose of the same and distribute the proceeds thereof in such manner as may be prescribed.
Records to be maintained by manufacturers, etc –
Every manufacturer or repairer of, or dealer in weight or measure licenced under the act and under these rules shall maintain records and registers in the appropriate form set out in Schedule VII and also submit such periodical report / returns as may be specified.
Licence for Manufacturer -
Every Application shall be submitted to the respective Inspectorate Offices in a prescribed form (Form LM-1) with the following attested documents etc.
1. Identity proof.
2. 2 Passport size Photo.
3. Certificate of Registration of Industry.
4. NOC from Competent Authority.
5. Document proof of Ownership / Lease Agreement of Premises.
6. Constitution in case of proprietorship / partnership firm. Registered document in case of Company register Certificate under Companies Act alongwith copy of Article of Association and Memorandum of Association.
7. Employee Copies of Appointment Letters with photographs, Qualification and Experience Certificate, if any;
8. Machineries, Tools and Accessories list with purchase bill.
9. Test weights purchase bill in case of new Verification Certificate.
10. Model Approval Certificate.
11. Trademark, Monogram registration Certificate from Competent Authority.
12. GST Registration Certificate.
13. Professional Tax Registration Certificate
14. Valid Labour Licence.
The list of documents will be changed according to category of registration.
Renewal of Licences :
A. Every application for Renewal of Manufacturer Licences shall be submitted in a prescribed form (Form LM - 2) with the following attested documents.
1. Original Manufacturer Licence.
2. GST Registration.
3. Professional Tax Registration.
4. Labour Licence.
5. Verification Certificate of Test weights.
6. Valid Trading Licence in case of Non-tribal.
The list of documents will be changed according to category of registration.
Amendment in Licences –
In case of any amendment in the existing licence of manufacturer / repairer / dealer with reference to change in constitution, business premise, item of manufacture / repair / sale, the relevant part laid down in case of the licencing policy is to be observed and adhered to.
Offences and Penalties under Legal Metrology Act, 2009 and the Rules made thereunder:-
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Sl. No. |
Section and nature of offence |
Penal Section |
Penalties |
|
1 |
S. 8(3) Use of weight, measure or numeration other than the Standard weight, measure or numeration |
25 |
Shall be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine. |
|
2. |
S.26 Alteration of weight and measure |
26 |
Shall be punished with fine which may extend to fifty thousand rupees and for the second and subsequent offence with imprisonment for a term which shall not be less than six months but which may extend to one year or with fine or with both. |
|
2 |
S. 8(4) Manufacture of weight or measure not conforming to Standards |
27 |
Shall be punished with fine which may extend to twenty thousand rupees and for the second and subsequent offence with imprisonment for a term which may extend to three years or with fine or with both. |
|
3 |
S. 10 Transaction or dealing or contract in respect of goods etc , by weight , measure or number than prescribed. |
28 |
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. |
|
4 |
S. 11 Quote or make announcement or issue or exhibit of price list or changing of price than in accordance with standard unit of weight or measure or numeration. |
29 |
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. |
|
5 |
S. 12 Demanding or receiving any articles or thing on service in excess or less than the quantity specified by contract or agreement. |
30 |
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. |
|
6. |
S. 17 Maintenance of records, registers by manufacturer, dealer or repairer and production of weight, measure document, register on demand |
31 |
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. |
S.22 Failure to get model approved. |
32 |
Shall be punished with fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. |
|
8. |
S.24 Use of unverified weight or measure |
33 |
Shall be punished with fine which shall not be less than two thousand rupees but 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 and also with fine. |
|
9. |
S.34. Sale or delivery of commodities, etc, by non-standard weight or measure |
34. |
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. |
|
10. |
S.35 Rendering services by non-standard weight, measure or number. |
35 |
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. |
|
11. |
S.18(1) Selling, etc., of non-standard packages |
36(1) |
Shall be punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both. |
|
12. |
S.18(2) Whoever manufactures or pack or import or causes to be manufactured or packed or imported any pre packed commodity with error in net quantity. |
36(2) |
Shall 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. |
|
13. |
S.37 Contravention by Government approved Test Centre |
37 |
|
|
14. |
S 19. Non-registration by importer of weight or measure |
38 |
Shall be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine, or with both. |
|
15. |
S 20. Import of non-standard weight or measure |
39 |
Shall be punished with fine, which may extend to fifty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. |
|
16. |
S.15 Obstructing Director, Controller or Legal Metrology Officer |
40. |
Shall be punished with imprisonment for a term which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years. |
|
17. |
S 41. Giving false information or false return |
41 |
|
|
18. |
S 42 Vexatious search |
42 |
Shall 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. |
|
19. |
S 43 verification in contravention of Act and Rules |
43. |
Shall 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. |
|
20 |
S 44. Counterfeiting of seals, etc |
44 |
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. |
|
21 |
S.23 Manufacture of weight or measure without licence |
45 |
Shall be punished with fine which may extend to twenty 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. |
|
22 |
S. 23 Repair/sale of weight or measure without licence |
46 |
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. |
|
23 |
S. 47 Tampering with licence |
47 |
Shall be punished with fine which may extend to twenty thousand rupees or with imprisonment for a term which may extend to one year, or with both. |
|
24 |
S. 49 Offences by companies |
49 |
Shall be liable to be proceeded against and punished accordingly and the power of court to publish name, place of business, etc for companies convicted. |
|
25. |
S. 52(1) Provision of any rule made under the Act |
52(3) |
In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees. |
|
26. |
Rules 18(2) of Legal Metrology (Packaged Commodities) Rules, 2011 - Sale of any commodity in packed form at a price exceeding the Maximum Retail Price |
Rules 32(2) of LM(PC) Rules, 2011 |
Shall be punished with fine of two thousand rupees. |
|
27 |
Rules 18(5) of Legal Metrology (Packaged Commodities) Rules, 2011Obliterate Smudge are alter the Maximum Retail Price indicated by the Manufacturer or packer or the Importer |
Rules 32(2) of LM(PC) Rules, 2011 |
Shall be punished with fine of two thousand rupees. |
|
28. |
Rules 27 – 31 of Legal Metrology (Packaged Commodities) Rules, 2011 – Non-Registration of manufacturers, packers and importer of packaged commodities |
Rules 32(1) of LM(PC) Rules, 2011 |
Shall be punished with fine of four thousand rupees. |
|
29. |
S 53(1) Provision of any Rule made under the Act |
53(3) |
In making any Rule under this section, the State Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees. |
|
30. |
Rule 21 (1) of Meghalaya Legal Metrology (Enforcement) Rules 2011. Non Suspension of Beam Scale in trade premises. |
Rule 23 |
Shall be punished with fine, which may extend to five thousand rupees. |
|
31. |
Rule 21 (2) of Meghalaya Legal Metrology (Enforcement) Rules, 2011. Non using of weights and measures in clean condition or without proper lighting arrangement. |
Rule 23 |
Shall be punished with fine, which may extend to five thousand rupees. |
|
32. |
Rule 21(3) of Meghalaya Legal Metrology (Enforcement) Rules, 2011. Dismantle of verified weighing and measuring instrument stamped in Situ without prior intimation to the Controller of Legal Metrology or other person authorized by him in his behalf |
Rule 23 |
Shall be punished with fine, which may extend to five thousand rupees. |
|
33. |
Rule 21(4) of Meghalaya Legal Metrology (Enforcement) Rules, 2011 – Non keeping of duly verified test weight at the site of weighing instrument. |
Rule 23 |
Shall be punished with fine, which may extend to five thousand rupees. |
|
34. |
Rule 21(5) of Meghalaya Legal Metrology (Enforcement) Rules, 2011 . Non-keeping of duly verified 5 litre/10 litre capacity measures by Petrol/Diesel Retail Outlet. |
Rule 23 |
Shall be punished with fine, which may extend to five thousand rupees. |
|
35. |
Rule 22 of Meghalaya Legal Metrology (Enforcement) Rules, 2011. Non-exhibition of verification certificate in a conspicuous place in the premises where weights, measures, weighing and measuring instruments to which the Certificate relates are used. |
Rule 23 |
Shall be punished with fine, which may extend to five thousand rupees. |
COMPOUNDING OF OFFENCES :
Section 48 deals with the compounding of offences punishable under section-25, 27, to 39, section 45 to 47 or any rule made either before or after the inciation of prosecution on payment of compounding fees as per legal metrology provisions and upon credit of such fees to the account of government. Such some shall not exceed the maximum amount of the fine which may be imposed under this Act, for the offence so compounded. the same remedy is not available for the person or the institution which will commit the same offence within the period of three years after compounding of first offence, if any similar offence will be found within the period of three years than it is treated as second offence and the same will be compounded as per prescribed provision for second or subsequent offence. Any offence happened after the spam of three years shall be treated as first offence.