notes on legal metrology act, 2009

The Legal Metrology Act, 2009 (Act 1 of 2010) repeals and replaces the Standard of Weights and Measures Act, 1976 and the Standards of weights and Measures (Enforcement) Act, 1985. The new law seeks to repeal the over three-decade-old cumbersome Standards of Weights & Measures Act, 1976. Download Free Sample and Get Upto 10% OFF on MRP/Rental. 33 – Penalty for use of unverified weight or measure – Fine up to Rs.10,000/-; second or subsequent offence – imprisonment up to one year and also with fine; Sec. 16 of the Act deals with forfeiture. 10 provides that any transaction, dealing or contract in respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as may be prescribed. Every non standard or unverified weight or measure and every package made in contravention, used in the course or in relation to, any trade and commerce and seized shall be liable to be forfeited to the State Government. The appellate authority shall, after giving the parties to the appeal, a reasonable opportunity of bearing heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the decision or order appealed against or may send back the case with such direction as it may think fit for a fresh decision or order after additional evidence, if necessary. 6 shall be the standard numeral. Sec. 55. 10 will not be applicable for export of any goods, things or service. 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. 4 of the Act provides that every unit of weight or measure shall be in accordance with metric system based on the international system of units. 17 provides that every manufacturer, repairer or dealer of weight or measure shall maintain such records and registers as may be prescribed. express in relation to any transaction or protection, any quantity or dimension. In India the law rel… THE LEGAL METROLOGY ACT, 2009 # NO. By: Mr. M. GOVINDARAJAN - January 29, 2011, || The branch concerning weights and measures is known as Legal Metrology. Every weight, measure or other goods seized but not forfeited shall be disposed of by such authority and in such manner as may be prescribed. 11 deals with the prohibition of quotation etc., otherwise than in terms of standard units of weight, measure or numeration. Looks like you’ve clipped this slide to already. 1 OF 2010 $ [13th January, 2010.] 22, Sections 27 to 39, Section 41 or any rule made there by the legal metrology officer; -         every decision or order made by the Director under Sections 15 to 20, Section 22, Sections 27 to 39, Sec. Ltd.] All rights reserved. For the purpose of deriving the value of base, derived and other units the Central Government shall prepare or cause to be prepared objects or equipments in such manner as may be prescribed. 15 gives powers to the Director, Controller or any legal metrology officer, if he has any reason to believe, whether from any information given to him by any person and taken down in writing or from personal knowledge or otherwise, that any weight or measure or other goods in relation to which any trade and commerce has taken place or is intended to take place and in respect of an offence punishable under this Act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in the course of transportation: Sec. 5 is as follows: Sec. The Legal Metrology Act, 2009: It is a Central 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 weight, measure or number and for matters connected therewith or incidental thereto. WHEREAS, the draft of the Tripura Legal Metrology (Enforcement) Rules, 2011 was published, as required by sub-section(4) of section 53 of the Legal Metrology Act, 2009 in the Tripura Gazette extraordinary issue dated 4lh January, 2011 under Notification of the Government of Tripura in the Food. Contact us || Sec. The Central Government may prescribe the kinds of weights and measures for which the verification is to be done through the Government approved Test Centre. Legal Metrology Act, 2009 was enacted with the objectives 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 weight, measure or number and for matters connected therewith or incidental thereto. (2) It extends to the whole of India, (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 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 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. 9 of 2014: Legal Metrology Act, 2014 AIDS HELPLINE: 0800-123-22 Prevention is the cure . 37661 GOVERNMENT GAZETTE, 19 May 2014 Act No. 40 – Penalty for obstructing Director, Controller or legal metrology Officer – imprisonment up to two years; for the second and subsequent offence imprisonment up to 5 years; Sec. (b) "Committee" means the Advisory Committee constituted under rule 7; 44 – Penalty for counterfeiting of seals etc., - imprisonment  6 months to one year; for the second and subsequent offence – imprisonment 6 months to five years; Sec. Site Map || The terms ‘legal metrology’ is defined under Sec. 38 – Penalty for non registration by importer of weight or measure – Fine up to Rs.25,000/-; for the second and subsequent offence – imprisonment up to six months or with fine or with both; Sec. 25 – Penalty for use of non standard weight or measure – Fine up to Rs.25,000/-; for the second or subsequent offence – imprisonment up to six months and with fine; Sec.26 – Penalty for alteration of weight and measure – Fine up to Rs.25,000/-; for the second or subsequent offence – imprisonment – not less than six months but may extend to one year or with fine or with both; Sec. to 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; to 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; to require the production of every document or other record relating to the weight or measure and the person having the custody of such weight or measure; to dispose any goods which are subject to speedy or natural decay in such manner as may be prescribed; Sec. The appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days. Sec. 28 – Penalty for making any transaction, deal or contract in contravention of the prescribed standards – Fine up to Rs.10,000/-; for the second or subsequent offence – imprisonment for a term up to one year or with fine or with both; Sec. of India has notified The Legal Metrology Act, 2009 and implemented with effect from 1 st April, 2011. Act Number: 01: Enactment Date: 2010-01-13: Act Year: 2010: Short Title: The Legal Metrology Act, 2009: Long Title: 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 weight, measure or number and for matters connected therewith or incidental thereto. Legal Metrology Act, 2009 was enacted with the objectives 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 weight, measure or number and for matters connected therewith or incidental thereto. This is not available to person who commits the same or similar offence, within a period of three years from the date on which the first offence, committed by him, was compounded. It also helps to protect the interest of common consumer and society as a whole. 34 – Penalty for sale or delivery of commodities etc., by non standard weight or measure – Fine Rs.2,000 to Rs.5,000; second or subsequent offence – imprisonment 3 months to one year, or with fine, or with both; Sec.35 – Penalty for rendering services by non standard weight, measure or number – Fine Rs.2,000 to Rs.5,000; for the second and subsequent offence – imprisonment 3 months to one year, or with fine or with both; Sec. Every reference standard, secondary standard and working standard which is not verified and stamped in accordance with the provisions shall not be deemed to be a valid standard. otherwise than in accordance with the standard unit of weight, measure or numeration. 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. Such unverified weight or measure shall not be forfeited to the State Government if the person from whom such weight or measure was seized gets the same verified and stamped within such time as may be prescribed. 43 – Penalty for verification in contravention of Act and Rules – imprisonment up to one year or with fine up to Rs.10,000/- or with both; Sec. Users can get information about the Act, its objectives, extent, short title and commencement. legal metrology act, 2009 and legal metrology (packaged commodities) rules, 2011 guidelines to small scale paint industries to comply with the provisions of the legal metrology act, 2009 and legal metrology (packaged commodities) rules 2011. these guidelines are on the basis of their priority. 47 – Penalty for tampering with licence – Fine up to Rs.25,000/- or with imprisonment up to one year or with fine or with both. The Central Government has also circulated the draft model State Enforcement Rules. 8 of the Act provides that any weight or measure which conforms to the standard of such weight or measure and also conforms to such of the provisions of Sec. 18 imposes an obligation to manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre packaged commodity in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed. LEGAL METROLOGY ACT, 2009, Other Topics. REFERENCE, SECONDARY AND WORKING STANDARD: Sec. 37 – Penalty for contravention by Government approved Test Centre – Fine up to Rs.1,00,000/-; in case of employee of test centre – imprisonment up to one year or with fine up to Rs.10,000/- or with both; Sec. 48 deals with the compounding of offences punishable under Section 25,Sections 27 to 39, Sections 45 to 47 or any rule made either before or after the institution of the prosecution on payment for credit to the Government of such sum as may be prescribed. Information about sections and provisions of the Act is also available. Sec. 42 – Vexatious search – imprisonment up to one year or with fine up to Rs.10,000/- or with both; Sec. Site Map - Recent || Every person, as per Sec. Home || No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed. 32 – Penalty for failure to get model approved – Fine up to Rs.25,000/-; second or subsequent offence – imprisonment up to one year and also with fine; Sec. Legal Metrology is the name given to all applied metrology subjected to regulations by law or government decree. Existing Director, Controller and legal metrology officer not to be affected by the new qualification to be prescribed. ||, Circulars & Clarifications on Income Declaration Scheme, Abatement, Composition, Specified Valuation, Tariff / Basic Rate of Duty / Classification, Import Tariff / Basic Rate of Duty / Classification, CST (Registration And Turnover) Rules, 1957, Income Computation & Disclosure Standard (ICDS), Indian Accounting Standards (Ind AS) - 2015, Provisions of Companies Act, 1956 applicable to LLP, Limited Liability Partnership Rules, 2009, LLP (Winding up and Dissolution) Rules, 2012, Income computation & disclosure standards, quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or, issue or exhibit any price list, invoice, cash memo or other document, or, prepare or publish any advertisement, poster or other document, or, indicate the net quantity of a pre-packaged commodity, or. Sec.7 provides that the base units of weights and measures shall be the standard units of weights and measures. 2(g) of the Act as the 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 weightments and measurements. © Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the 14 th January, 2010/Pausa 24, 1931 (Saka). The Legal Metrology Act, 2009 came into force on March 01, 2011 and the main objectives of the Act are to: Establish and enforce standards of weights and measures 9 provides that the reference standards, secondary standards and working standards of weights and measures shall be such as may be prescribed. The following are the penalties imposable under this Act for contravention of respective provision: Sec. Related Links. Get Latest News, Breaking News about Legal Metrology Act 2009. 31 – Penalty for non production of documents etc., - Fine up to Rs.5,000/-; second or subsequent offence – imprisonment up to one year and also with fine. + 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 weight, measure or number and for matters connected therewith or incidental thereto. 12 provides that 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 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. Whether Legal Metrology Act, 2009 is the only law in this area or there are rules in addition to it? It further provides that no weight, measure or numeral, other than the standard weight, measure or numeral shall be used as a standard weight, measure or numeral. If you continue browsing the site, you agree to the use of cookies on this website. Legal Metrology Act, 2009 (Few Section in brief) 2 (f) "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; 12. About us || 36 – Penalty for selling etc., of non standard packages – Fine up to Rs.25,000/-; for the second offence – fine up to Rs.50,000/-; subsequent offence – fine Rs.50,000 – Rs.1,00,000 or with imprisonment up to one year or with both; Sec. Section 18(1) in The Legal Metrology Act, 2009 (1) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed. Legal Metrology plays an important role in Trade and Commerce and protection. Institute of Legal Metrology Rules, 2011. The same shall be produced at the time of inspection to the persons authorized in this behalf. Every numeration shall be made in accordance with the decimal system. Sec. THE LEGAL METROLOGY ACT, 2009 ACT NO. Buy The Legal Metrology Act 2009 by PDF Online from Company Secretary. STATUTORY GUIDELINES REGARDING PRE-PACKAGED Understanding Legal Metrology Act, 2009 & Packaging & Labelling Laws in India. The base unit of weights and measures as per Sec. Any advertisement mentioning the retail sale price of a pre packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in such form and manner as may be prescribed. The central government has appointed the date 01.04.2011 from which the provisions of the Act will come into force. The Legal Metrology Act, 2009 (1 of 2010) was implemented with effect from 1st April, 2011 the preamble of the act is as follows: 2. 23 provides that 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. Clipping is a handy way to collect important slides you want to go back to later. 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. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. The base unit of numeration shall be standard unit of numeration. 24 provides that every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or is likely to be, used by him in any transaction or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the Controller may, by general or special order, specify in this behalf, on payment of such fees as may be prescribed. The relevant Act & Rules are as under: - The Legal Metrology Act, 2009; The Legal Metrology (Packaged Commodities) Rules, 2011; The Legal Metrology (General) Rules, 2011 The prescribed authority, 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. The provisions of Sec. Definitions.- In these rules, unless the context otherwise required:- (a) "Act" means the Legal Metrology Act, 2009 (1 of 2010). This act replaced the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985. Section -1 Short title, extent and commencement (1) This Act may be called the Legal Metrology Act, 2009. 57. Where an offence has been compounded no proceeding shall be taken against the offender in respect of the offence so compounded. Act No. Sec. LEGISLATION The Legal Metrology Act, 2009 (1 of 2010)- Contains 57 Sections (published on 14th January 2010), implemented w.e.f. Get expert legal metrology services including registration, licencing, licence renewal and other compliance services to protect the value of growing organisations. Civil Supplies and Consumer Affairs Department No. 22 of this Act, 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. The Legal Metrology Act, 2009 replaces the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act , 1985. 2 No. Privacy Policy || Now customize the name of a clipboard to store your clips. STATUTORY GUIDELINES REGARDING PRE-PACKAGED COMMODITY 2. Such sum shall not exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded. Feedback || Declarations on pre-packaged commodities.-1. The decimal multiples and sub-multiples shall be of such denominations and be written in such manner as may be prescribed. 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. This License is mandatorily required to be obtained by any manufacturer, dealer or repairer of Weights & Measures and for dealing in weights & measuring instruments from the Controller of the department under the Legal Metrology Act, 2009 Sec. 46 – Penalty for repair, sale etc., of weight and measure without licence – Fine up to Rs.5,000/-; for the second and subsequent offence – imprisonment up to one year or with fine or with both; Sec. 19 provides that 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. Full text containing the act, Legal Metrology Act, 2009, with all the sections, schedules, short title, enactment date, and footnotes. 27 –  Penalty for manufacture or sale of non standard weight or measure – Fine up to Rs.25,000/-; second or subsequent offence – imprisonment up to three years or with fine or with both; Sec. Legal Metrology Workshop Presentation 1. 39 – Penalty for import of non standard weight or measure – Fine up to Rs.50,000/-; for the second and subsequent offence – imprisonment up to one year and also with fine; Sec. The salient features of the Act are as follows: Every appeal shall lie within sixty days from the date on which the impugned order was made. (3) It shall come into force on such 1*date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. COMMODITY. No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under this Section. -         every decision or order under Sections 15 to 20, Sec. See our User Agreement and Privacy Policy. Related Links. No notes for slide. LEGAL METRology simplified 1. Refer Us || 1. Objectives of the Act. You can change your ad preferences anytime. The Legal Metrology Act, 2009. Legal Metrology (Approval of Models) Rules, 2011 (14.8mb) Legal Metrology (Numeration) Rules, 2011 (5.4mb) Legal Metrology (Packaged Commodities) Rules, 2011 (36.3mb) The Indian Institute of Legal Metrology Rules, 2011 (5.2mb) Legal Metrology Act, 2009 (12mb) Standards of Weights and Measures and Enforcement Act, 1976 || Get details about the Legal Metrology Act, 2009. Disclaimer || Foreign Trade (Development and Regulation) Amendment Act … Database || The Legal Metrology Act , 2009 , enacted on January 13, 2010, which is to be notified shortly along with rules, will not only affect the trade practices related to weights and measures but will also be relevant for the central excise law. 1 OF 2010 [13th January, 2010.] Any numeral which conforms to the provisions of Sec. The prevailing duality regarding the Legal Metrology Act, 2009/Legal Metrology Rules, 2011 and the Food Safety and Standards Act, 2006/Food Safety and Standards Regulations, 2011, with specific reference to packaging and labelling requirements on processed foods, is creating difficulties and confusion in the food processing sector and will be a major roadblock in the minds of investors. 20 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. Sec. THE LEGAL METROLOGY ACT, 2009. 8 shall not apply for manufacture done exclusively for export or for the purpose of any scientific investigation or research. 56. According to Sec. Sec. 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 weight, measure or number and for matters connected therewith or incidental thereto. Act not to apply in certain cases. THE LEGAL METROLOGY ACT, 2009 No public clipboards found for this slide, Student at Vivekananda Institute Of Professinal Studies. The physical characteristics, configuration, constructional details, materials, equipments, performance, tolerance, period of re-verification, methods or procedures of tests shall be such as may be prescribed. THE LEGAL METROLOGY ACT, 2009 ACT NO. 45 – Penalty for manufacture of weight and measure – Fine up to Rs.20,000/-; second or subsequent offence – up to one year or with fine or with both; Sec. Act ID: 201001: Act Number: 01: Enactment Date: 2010-01-13: Act Year: 2010: Short Title: The Legal Metrology Act, 2009: Long Title: 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 weight, measure or number and for matters connected therewith or incidental thereto. 7 as are applicable to it shall be the standard of weight or measure. 41 – Penalty for giving false information or false return – Fine up to Rs.5,000/-; for the second or subsequent offence – imprisonment up to six months and also with fine; Sec. (2) They shall come into force on the 1st day of April, 2011. Sec. Members || 6 of the Act provides that the base unit of numeration shall be the unit of international form ofIndianumerals. The following Act of Parliament received the assent of the President on the 13 th January, 2010, and is hereby published for general information:—. No notes for slide. If you continue browsing the site, you agree to the use of cookies on this website. Metrology is the science of weights and measures or of measurement and relates to a system of weights and measures. Stay connected to all updated on Legal Metrology Act 2009 Slideshare uses cookies to improve functionality and performance, and to provide you with relevant advertising. Legal Metrology Services & Packaging Goods Compliances | ASC Group - A leading consultants in Delhi offering legal metrology assistance for maintaining accuracy in weights & measures as specified by law. The provisions of Sec. Sec. As per the International Bureau of Weights and Measures the same is define Metrology to include theoretical & practical problems, the realization of the units of measurement and their physical representation as well as measuring instruments & their field of application. See our Privacy Policy and User Agreement for details. With a view to 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, Govt. There is a need for establishment and enforcement of standard weights and measures so that trade and commerce with industrialization can be regulated. Terms of Use || Sec. 41 or any rule made ; -         every decision given by the Controller to the Central Government; -         every decision given or order made under Sections 15 to 18, sections 23 to 25, sections 27 to 37, sections 45 to 47 or any rule made by any legal metrology officer appointed to the Controller. 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