All About Legal Metrology Act 2009:

Introduction

Metrology is the name given to the science of measurement. It addresses both theoretical and practical difficulties, the physical realization of units of measurement, as well as measuring instruments and the contexts in which they are used. Any applied metrology that is governed by law or official decree is referred to as legal metrology.

Different countries have different definitions of legal metrology. In the majority of countries, legal metrology entails measures for personal financial, health, and environmental protection. According to international standards, legal metrology has applications in three main fields:

• Commercial transactions,

• safety and security measures for people, and

• Industrial measurements.

Governing Body:

A legislative division of the Department of Consumer Affairs called Legal Metrology is in charge of putting laws, rules, procedures, and standards relating to measurements and measuring tools into effect. The Department of Consumer Affairs, Food, and Public Distribution of the Government of India includes the Department of Legal Metrology.

It controls how weighing and measuring equipment is traded and imported into India. The Legal Metrology Act, 2009 replaced the Standards of Weights and Measures Act, 1976, and the Standard Weights and Measures (Enforcement) Act, 1985, which were formerly known as the Department of Weights and Measures.

2009's Legal Metrology Act

In order to facilitate trade and commerce, the organization of weights and measures was established in 1958 with the goal of achieving weight and measure homogeneity in accordance with international norms.

The Standards of Weights and Measures Act, passed in 1976, established standards for weights and measures and governed interstate trade and commerce in those products as well as other goods sold by weight, measure, or number. To enforce the weights and measures standards established by or under the 1976 Act, the Standards of Weights and Measures (Enforcement) Act, 1985 was passed in 1985.

There has been a significant increase in weighing and measuring techniques since the fast development of science and technology, as well as the globalization of economies, which has widened the scope of weights and measures.

In order to establish standards for weights and measures, control trade and commerce in weights and measures and other goods sold or distributed by weight, measure, or number, and for matters related to or incidental thereto, the Legal Metrology Act, 2009 was passed on April 4, 2011.

Goals Of The Legal Metrology Act:

The Act was implemented with the following objectives:

• To control trade and commerce's use of weights and measures.

• The creation and enforcement of weight and measurement standards.

• Items are manufactured, sold, and used according to weights, measures, or quantities.

• To logically integrate the Indian metric system (meter, kilogram, etc.).

Legal Metrology Act: Applicability

For the following, legal metrology provisions apply:

• Any person who employs weight or measurement in a commercial transaction, industrial process, or act of protection.

• Any weight, measure, or number-related product manufacturer, retailer, wholesaler, dealer, repairer, importer, and/or packer.

Characteristics

For instance, the Legal Metrology Act of 2009 stipulates the following:

1. restriction of weight or measure applied during a transaction or for protection

2. approval of a measuring or weight model

3. verification of the specified weight or measurement by a testing facility that has received government approval

4. defining the credentials of individuals designated as legal metrology officers by the Central or State Governments

5. exemption from weight and measure laws for commodities headed for export

6. There are charges for specific services

7. the corporation's nomination of a director who will be responsible for enactment compliance

8. penalty for both separate and compounded offences

9. appeals against decisions made by various agencies and

10. giving the central government the authority to make rules to enforce the enactment's provisions

Overview Of The Legal Metrology Act's Provisions

In order to facilitate trade and business, the organization of weights and measures was established in 1958 with the mission of achieving weight and measuring homogeneity in accordance with global standards.

To enforce the weights and measures standards established by or under the 1976 Act, the Standards of Weights and Measures (Enforcement) Act, 1985 was passed in 1985.

India's Administrative Framework For Legal Metrology

• Ministry of Consumer Affairs, Food, and Public Distribution's Department of Consumer Affairs is in charge of creating policies for keeping an eye on prices, the availability of necessities, consumer movement throughout the nation, and the control of statutory organizations like the Bureau of Indian Standards (BIS) and weights and measures.

• The major authority for handling the matter and in charge of all issues falling under the purview of the Central Government is the Department of Consumer Affairs Weights and Measures Unit. Additionally, it must oversee, organize, and direct the work of the state's enforcement apparatus. The Center and the states each pay a portion of the weights and measures tax.

• The execution of the International Recommendation as well as other related responsibilities like uniform weights and measures law, technical rules, training, and precision laboratory facilities are under the purview of the Central Government. Daily law enforcement is the responsibility of the state governments and the Union Territory Administration.

Directorate of Legal Metrology

The Standards and Weights and Measures Act is enforced by the Directorate of Legal Metrology in each state, which is essentially a three-tier organization made up of Inspectors of Legal Metrology in the field, Assistant Controllers of Legal Metrology in the district, and the Controller of Legal Metrology with four Deputy Controllers sitting in the state.

The legal weights and measures of the states and union territories are calibrated at the four Regional Reference Standard Laboratories (RRSL) located in Ahmedabad, Bhubaneswar, Bangalore, and Faridabad. Additionally, these labs provide calibration services to local businesses. They have accredited labs that examine weights and measuring instruments for model approval.

Legislation Governing Legal Metrology

Because it was necessary for the government to combine the provisions of the two prior Acts in order to remove inconsistencies and make the laws simpler, the Legal Metrology Act, 2009 was passed.

It also became crucial to maintain regulation that is proportionate to the amount needed to protect consumers' interests while also preventing needless interference in the sector.

It was also necessary to recognize specific "Government-authorized Test Centers" having the power to confirm the specified weight or measure. Important legal metrology act definitions any written, marked, stamped, printed, or graphic information attached to or visible on any pre-packaged object is referred to as a "label" under Section 2(f) of the Act.

In accordance with Section 2(k) of the Act, "Protection" is used as a reading from any weight or measure to assess any action that must be taken to ensure the welfare of any person or animal or to protect any good, plant, or thing, whether individually or collectively.

According to Section 2(l) of the Act, a pre-packaged commodity is one that is put inside packaging of any kind, whether sealed or not, without the customer's presence so that the product contained inside has a predetermined amount. A mark created by pressing, casting, engraving, etching, branding, or attaching a pre-stressed paper seal to any weight or measure is referred to as a stamp under Section 2(t) of the Act:

• stating that such weight or measure satisfies the requirements established by or under this Act, or

• demonstrating that any earlier mark certifying compliance with those requirements has been removed,

A "weight or measure" is anything that falls under Section 2(w) of the Act, is prescribed by or under this Act, including weighing or measuring apparatus.

Standard Weight Or Measure

The standard weight or measure, according to Chapter II of the Act, is any weight or measure that complies with both Section 7's requirements and the standard unit of such weight or measure (based on the metric system or prescribed derived units) (i.e., the physical characteristics, configuration, construction details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be prescribed). Weights and measures that aren't accepted standards or haven't been confirmed can be taken and forfeited.

Appointment of The Controller and other legal metrology officers

Officers must be appointed by the state government in accordance with Section 14(1), but the central government must establish their qualifications in accordance with Section 52. (2).

Declaration For Pre-Packaged Commodities:

Manufacturing, packaging, selling, or importing any pre-packaged goods is prohibited by Section 18 of the Act unless they are produced in a standard quantity and include all necessary disclosures. Any advertising that refers to the suggested retail price of a packaged good must also mention the net quantity or total number of goods inside the package.

Approval Of Model

Under section 22 a model authorization must be obtained before any weights or measures are manufactured or imported, with the exception of cast iron, brass, bullion, or carat weights, beam scales, length measurements (but not measuring tapes), and capacity measures with capacities up to 20 liters.

License

A license from the Controller of Legal Metrology is required to make, sell, or repair any weight or measure, according to Section 23 of the Act. A licensee is required to maintain accurate logs and registers. During the examination, s/he must also present the documentation and registrations.

Verification Of Weights And Measurements

Any weights or measurements should be validated before being used in a transaction. The weights and measures that must be confirmed by Government Approved Test Centers shall be determined by the Central Government. The test centers will be informed by the federal and state governments.

Offences

Certain offences may be compounded before or after the start of a prosecution for a fixed fee. If the offender committed the same or a similar crime within three years of the date of the first offence that was compounded, no offence may be repeated.

The Legal Metrology Act Has Undergone Recent Modifications.

Anyone using a weight or measure in a transaction or for safety must present the weight or measure for inspection at the following places:

• At the location of the installation, the state of importation, or the office of the legal metrology officer.

• At regular intervals, the weight or measure must be re-verified and stamped by the legal metrology official in the state where it is used.

• It is not necessary to re-verify weights and measurements that are used by industries for internal purposes and do not affect the quantity provided to the client.

• Every web site must have declarations.

• If a package contains a commodity, it must be marked with the words "Best before" or "Use by Date, Month, and Year."

Infractions Of The Legal Metrology Act

The following offences are among those covered by the Legal Metrology Act of 2009:

• Certain acts may be compounded before or after the start of a prosecution for a fee, according to Section 48 of the Act.

• Any offence that was previously committed by the offender within three years of the date of the first compounded offence cannot, however, be compounded.

Companies' Transgressions (Offences)

In accordance with Section 49 of the Act, a company may designate a manager to oversee its daily activities. Any such nomination needs to be reported to the relevant Controller or the Director of Legal Metrology. Any infractions of the Act's obligations shall subject the nominated person and the company to liability. The person in charge or accountable for the company is held accountable if no one is named.

Any other person who is accountable to the company and whose cooperation or negligence resulted in the violation shall be held guilty for any crime committed, regardless of whether a person is nominated. The court may mandate that a company's name and the specifics of the offence be published in newspapers at the company's expense after a conviction.

The Legal Metrology Act's Penalties

1. The offences and punishments under the Act are described in Chapter V: Manufacturing or selling non-standard weights or measures is punishable under Section 27 of the Act by a fine of up to 20,000 rupees for a first offence, a term of imprisonment of up to three years for a second or subsequent offence, or by both.

2. According to Section 36(1) of the Act, the first offence is punishable by a fine of up to 25,000 rupees, the second by a fine of up to 50,000 rupees, and the third by a fine of up to 1 lakh rupees.

3. A pre-packaged item may be subject to a fine under Section 36(2) of the Act if it is produced, packaged, or imported in violation of the required net quantity. A fine of not less than ten thousand rupees and not more than one lakh rupees, a term of imprisonment not to exceed one year, or both may be used as the penalty.

4. The Act's Section 38 imposes a fine on importers who fail to register their weights and measures. For the second offence in a row, the offender faces a maximum six-month sentence in jail, a fine of up to 25,000 rupees, or a combination of the two.

5. The maker, packer, or importer of the commodity is subject to fines under Section 32 of the Act for failing to register in accordance with the Rules' requirements or for breaking any other rule.

Appeals Process

A legal metrology officer may file an appeal to the next higher authority under Section 50 of the Act within 60 days of the date of the order or decision.

The Legal Metrology Act's Benefits:

In trading procedures, measurement is essential. It is clear that effective commerce is necessary for maintaining a balance between suppliers and customers.

Reduces transaction costs:

Correcting inaccurate measurement methods is frequently costly and time-consuming. They affect businesses as well as consumers. It also costs money to file a lawsuit against a trader who has the audacity to transgress measurement laws. However, it saves time and money when measurements are made exactly and correctly while adhering to all Legal Metrology Act regulations.

The supporting trade:

The Legal Metrology Act is in charge of monitoring any unethical or illegal business practices. This Act aims to guarantee that measuring instruments are in good operating condition, capable of performing their intended function, and compliant with global standards.

Government fund:

Excise taxes paid on made, sold, imported, and exported commodities as well as measurement taxes provide revenue for the government. When it comes to tax collection, the Legal Metrology Act ensures that neither the government nor businesses are treated unfairly.

Particularly in regards to items like wood, rice, coffee, palm oil, coal, iron ore, gold, jewels, and natural gas, the deal by a percentage of mass goods may be a sizable amount of both export and national pay.

Reduces technical trade obstacles:

The Legal Metrology Act encourages measurement confidence and clarity while easing the burden of technical obstacles. Fewer barriers raise national spirits and motivate citizens to participate in the world economy, which advances the country's economy.

Using the Legal Metrology Act, a merchant can remove pointless roadblocks in the adoption and application of technical laws, standards, and conformity assessment processes.

Consumer confidence will rise as a result of knowing they are obtaining a product that has been approved in accordance with specific standards and laws, which will ultimately result in a fruitful commercial relationship.

Conclusion

The main item of legislation pertaining to Legal Metrology law is the Legal Metrology Act of 2009. Legislation governing legal metrology sets standards for scales and other measuring instruments. It protects consumers, the environment, and business owners, and it pays special attention to fair trade in India. Based on the ability to monitor measurements and measuring equipment. It aims to foster trust among consumers, the public, businesspeople, and retailers. It controls dishonest business practices.

Some Faqs:

How can I register with Legal Metrology?

To obtain the Certificate of Registration of Importer of Weights and Measures, measuring instrument importers who wish to compete for customers in the Indian market must register. In accordance with Rule 15 of the Legal Metrology Act of 2009, the applicant must submit a registration application in Schedule X and be granted registration.

The Legal Metrology Act license that was obtained can it be transferred?

No, the license obtained under the Legal Metrology Act cannot be transferred.

Is it necessary to present the certificate of verification?

Whenever weights or measures are being used, intended to be used, or are likely to be used in a transaction or for protection, a prominent display of the certificate of verification issued under the Act is required.

How can a buyer determine whether a weight or measurement is normal or not?

Every weight and measure is produced in accordance with the guidelines and models created by the Indian government. After the necessary confirmation, the Legal Metrology Department Inspector validates and approves the weights and measurements used by dealers and seals them to guarantee the integrity of the inspector's stamp and the quarter where it is certified.