—, SECTION 29. Controller and Legal Metrology Officers: 13: Appointment of Director, ... 19: Registration for importer of weight or measure: 20: Power of inspection, seizure, etc. SECTION 6. SECTION 20. —, SECTION 15. —, SECTION 47. Note that Rs. Declaration of Policy. Declarations on pre-packaged commodities. The application for Legal Metrology Certification is filed in schedule X under Rule 15 and obtained under section 19 of the Legal Metrology Act 2009. Correct Answer:- Option-C Question29:-Import of non-standard weight or measure is prohibited by which section of Legal Metrology Act, 2009? SECTION 19. The objective of Legal Metrology is to ensure public guarantee from the point of view of security and accuracy of the weighments and measurements. Explanation. The provisions of section 19, 22, 23 of the Legal Metrology Act, 2009 and the provisions of Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011 … Existing Director, Controller and legal metrology officer not to be affected by the new qualification to be prescribed. (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. (3) It shall come into force on such as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. (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 (45 of 1860). Standard units of weights and measures. (2) Subject to any general or special direction or condition imposed by the State Government, any person authorised by the Central Government to exercise any powers may exercise those powers in the same manner and to the same extent as if they had been conferred on that person directly by this Act and not by way of delegation. (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; — 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 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. We assist importers with new registrations as well as renewals of the existing license. 7th March 2011 . Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration. The provisions of section 19, 22, 23 of the Legal Metrology Act, 2009 and the provisions of Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011 … 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. - (1) This Act may be called the Legal Metrology Act, 2009. Power of the Central Government to make rules. (2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral. Penalty for non-production of documents, etc. —, SECTION 37. The application for registration is filed in schedule X under Rule 15 and obtained under section 19 of Legal Metrology Act 2009. SECTION 3. (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. Base unit of numeration. Text Search: 57 Record(s) | Page [1 of 6] Section - 1. SECTION 43. Penalty for contravention by Government approved Test Centre. Training in Legal Metrology. Penalty for non-production of documents, etc. Section 2(d) of the Consumer Protection Act, defines the term ‘consumer’. (iii) 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. Non-standard weights and measures not to be imported. on 14 August, 2014. —, SECTION 44. — The Director, the Controller or any legal metrology officer, exercising powers under this Act or any rule made thereunder, who knows that there are no reasonable grounds for so doing, and yet—, (a) searches, or causes to be searched, any house, conveyance or place; or. — (1) The base unit of —. 5000 is the fine payable for retailers or wholesale dealer in this case. We assist importers with new registrations as well as renewals of the existing license. Registration for importer of weight or measure. — (1) For imparting training in Legal Metrology and other allied branches of knowledge the “Indian Institute of Legal Metrology” (hereinafter referred to as the “Institute”) established under the provisions of the Standards of Weights and Measures Act, 1976 (60 of 1976), shall be deemed to have been established under the corresponding provisions of this Act. Penalty for obstructing Director, Controller or legal metrology officer. — The provisions of the Indian Penal Code (45 of 1860) and section 153 of the Code of Criminal Procedure, 1973 (2 of 1974) in so far as such provisions relate to offences with regard to weight or measure, shall not apply to any offence which is punishable under this Act. —, SECTION 8. Offences by companies and power of court to publish name, place of business, etc., for companies convicted. Penalty for tampering with licence. (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. Penalty for sale or delivery of commodities, etc., by non-standard weight or measure. Read with Rule 32. —, SECTION 30. Every manufacturer, dealer and repairer of weights and measures will require license from the Controller of the State [Section 23]. — (1) The Central Government may, by notification, appoint a Director of legal metrology, Additional Director, Joint Director, Deputy Director, Assistant Director and other employees for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to inter-State trade and commerce. —, SECTION 23. Penalty for alteration of weight and measure. Provisions of this Act to override provisions of any other law. Importer Registration under Legal Metrology, Manufacture License under Legal Metrology, Various Licenses & Registration Under Legal Metrology for Weight and Measure Items. — (1) Any offence punishable under section 25, sections 27 to 39, sections 45 to 47, or any rule made under sub-section (3) of section 52 may, 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. — 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 7. (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. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. (2) The management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible for admission thereto shall be such as may be prescribed. —, SECTION 20. 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. LEGAL METROLOGY ACT, 2009. Registration under Rule 27 of the Legal Metrology ( Packaged Commodities) Rule,2011 iii. Penalty for alteration of weight and measure. (v) affixes the stamp so removed on, or inserts the same into, any other weight or measure. SECTION 28. Penalty for sale or delivery of commodities, etc., by non-standard weight or measure. —, SECTION 14. — Whoever obstructs the Director, the Controller or any legal metrology officer with intent to prevent or deter the Director or the Controller or any legal metrology officer from exercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or the Controller or any legal metrology officer in the lawful exercise of his powers or discharge of his functions as such, or whoever obstructs the entry of the Director or the Controller or any legal metrology officer into any premises for inspection and verification of any weight or measure or any document or record relating thereto or the net contents of any packaged commodity or for any other purpose 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. (iv) every local authority within the territory of India. Reference, secondary and working standard. We assist importers with new registrations as well as renewals of the existing license. (6) No suit, prosecution or other legal proceeding shall lie against the Director, the Controller and legal metrology officer authorised to perform any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. Short title and Commencement.- (1)These rules may be called The Legal Metrology (Packaged Commodities) Rules, 2011. Each state has different application fees and different timelines for approvals of the license, whereas the validity for a license is from. 19. SECTION 37. The applicant has to file the application for registration in schedule X under Rule 15 and obtained under section 19 of Legal Metrology Act 2009. (4) Every legal metrology officer appointed under sub-section (1) shall exercise powers and discharge duties under the general superintendence, direction and control of the Director. While applying, one should note that the application must be filed one month before the commencement of import. (8) Where any delegation of powers is made under sub-section (7), the powers so delegated shall be exercised under the general superintendence, direction and guidance of the Director. Any person who commences pre-packaging of any commodity shall apply for registration within ninety days from the date on which he or it commences such pre-packaging. Penalty for repair, sale, etc., of weight and measure without licence. Petroleum Traders ... vs Union Of India & Ors. Prohibition on manufacture, repair or sale of weight or measure without licence. in units for the purpose sale, is known as a Packer. (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. (iii) a place where any books of account or other documents pertaining to any trade or transaction are kept. Penalty for selling, etc., of non-standard packages. Note that Rs. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration. — (1) Where an offence under this Act has been committed by a company,—, (a)(i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereinafter in this section referred to as a person responsible); or, (ii) where no person has been nominated, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company; and. — In this sub-section, ‘‘counterfeit’’ shall have the meaning assigned to it in section 28 of the Indian Penal Code (45 of 1860). SECTION 52. (3) The Director and every legal metrology officer, appointed under sub-section (1), shall exercise such powers and discharge such functions in respect of such local limits as the Central Government may, by notification, specify. — Every person who manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or measure which, —, (a) does not conform to the standards of weight or measure specified by or under this Act; or. Non Suspension of Beam Scale in trade premises. Penalty for manufacture or sale of non-standard weight or measure. Penalty for counterfeiting of seals, etc. [19] An offence under Section 29 of the Legal Metrology Act, 2009 read with Rule 32. (3) For the purpose of deriving the value of base, derived and other units mentioned in section 5, the Central Government shall prepare or cause to be prepared objects or equipments in such manner as may be prescribed. —, SECTION 12. Act not to apply in certain cases. 2. Penalty for giving false information or false return. Training in Legal Metrology. 4 followed by most reputed manufacturers of bottled water. Non-standard weights and measures not to be imported. 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 twenty-five thousand rupees and for the second or subsequent offence, with … No person shall manufacture, import, deal, or repair any weight or measure device without a valid license obtained from the. As per the provisions of section 19 of the Legal Metrology Act of 2006, no person has the authority to import any measures or weight if he/she is not registered with the Director of Legal Metrology of the central government in the prescribed manner and on fees payment. (5) Every rule made under this section shall, as soon as may be after it is made, be laid before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House. Manufacturers, etc., to maintain records and registers. — (1) This Act may be called the Legal Metrology Act, 2009. —, SECTION 7. SECTION 44. SECTION 42. 52. SECTION 35. Certificates of Importers. Also, every Packer shall make an application accompanied by a fee of Rs. Forfeiture. —, SECTION 17. Definitions. (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. —, SECTION 55. —, SECTION 19. 19 Registration for importer of weight or measure. Penalty for non-registration by importer of weight or measure. —, SECTION 25. —, SECTION 10. Where the consumer can complain in case he finds any violation of Legal Metrology Act & Rules? SECTION 30. The appellant by his application dated 24.09.2009 had sought clarification SECTION 11. Penalty for manufacture of weight and measure without licence. Registration under Section 19 of the Legal Metrology Act, 2009. ii. (vii) every co-operative society, constituted under an Act. —, SECTION 57. The license is valid for a minimum of one year and a maximum of five years. Legal Metrology Act, 2009 Chapter V - Bare Act. —, SECTION 13. 5. — 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. Penalty for verification in contravention of Act and rules. —. SECTION 13. — In this Act, unless the context otherwise requires, —. Applications for Importers of weights & measures and Weighing & Measuring instrument under section 19 of the Legal Metrology Act, 2009. When determining the maximum permissible error care shall be taken to account for errors caused due to devi… (iv) electric current shall be the ampere; (v) thermodynamic temperature shall be the kelvin; (vi) luminous intensity shall be the candela; and. Penalty for counterfeiting of seals, etc. There are several Compliances needed under the Legal Metrology Act, 2009 concerning Infrared Thermometers. SECTION 1. 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. Objectives of the Act. Power of the Central Government to make rules. — Where the Controller or any legal metrology officer exercising powers under this Act or any rule made thereunder, willfully 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. —, SECTION 18. —, SECTION 34. The provisions of section 19, 22 & 23 of the Legal Metrology Act, 2009 and the provisions of Rule-27 of the Legal Metrology (Packaged Commodities) Rules, 2011 are applicable to Infrared (Electrical) thermometers. 19. - 1. Section - 2. A set rule has been defined by the Department of Legal Metrology for the people who repair and service weights and measures devices falling under the purview of the Legal Metrology. The Legal Metrology (Packaged Commodities) Rules, 2011. — Every unit of weight or measure shall be in accordance with the metric system based on the international system of units. (2) The qualifications of the Director and legal metrology officers appointed under subsection (1) shall be such as may be prescribed. - In exercise of the powers conferred by sub-section (1) read with clause (j) and (q) 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 :-Short title, and Commencement.- (1) These rules may be called The Legal Metrology (Packaged Commodities) Rules, 2011. This shall be done in terms of the maximum permissible error as provided under Rule 22 and the 1stSchedule. — (1) The Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), is hereby repealed. SECTION 15. (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. — (1) The State Government may, by notification, and after consultation with the Central Government, make rules to carry out the provisions of this Act. (j) and (q) 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. Short title, extent and commencement.—(1) This Act may be called the Legal Metrology Act, 2009. (a) 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; (b) 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. GROUNDS This appeal has been filed under section 19(3) of the Right to Information Act, 2005. It is essential to obtain a manufacturing license from the Department of Legal Metrology for every individual, company, Hindu Undivided Family, society, or corporation who or which pre-packs or imports any commodity for sale, distribution, or delivery. SECTION 8. EasyLegalTax (ELT) is an online and offline service platform aimed at helping businesses to understand... All rights Reserved © 2020 LegalMetrologyIndia, In India, rules, and regulations related to weight and measure comes under the supervision of the, Every device meant for weighing, measuring, or scaling any object in a specific or metric or imperial scale comes under the purview of the Legal Metrology. — (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 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. — 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. SECTION 39. —, SECTION 35. — (1) The base units of weights and measures specified in section 5 shall be the standard units of weights and measures. — 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. Details are as below- Vexatious search. Where the consumer can complain in case he finds any violation of Legal Metrology Act & Rules?
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