legal metrology act, 2009 pdf

Verification And Stamping Of Weight Or Measure. Legal Metrology Act, 2009 _ or the rules made thereunder or under any other law for the time being in force, the value of the imported article shall be deemed to be: a. the retail sale price b. the retail sale price less abatement if any c. Transaction value d. Tariff value less abatement (2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both. Penalty for selling, etc., of non-standard packages. 4. 41. CHAPTER II 1. 28. —Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified weight or measure 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. Penalty for manufacture of weight and measure without licence. Free for one month and pay only if you like it. Penalty for transactions in contravention of standard weight or measure. 2. The central government has appointed the date 01.04.2011 from which the provisions of the Act will come into force. Approved Test Centre) Rules, 2013, Legal Metrology (National Standards) Rules, 2011, Legal Metrology (Packaged Commodities) Rules, 2011, THE STATE OF UTTAR PRADESH vs. AMAN MITTAL, Federation of Hotel and Restaurant Associations of India Vs. Union of India and Ors. The Legal Metrology Act, 2009. Offences by companies and power of court to publish name, place of business, etc., for companies convicted. Base unit of numeration. (a) from every decision or order 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 by the legal metrology officer appointed under section 13, to the Director; (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; (c) from every decision given by the Controller of Legal Metrology under delegated powers of Director Legal Metrology to the Central Government; (d) from 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 under sub-section (3) of section 52 by any legal metrology officer appointed under section 14, to the Controller; and. 46 Penalty for repair, sale, etc., of weight and measure without licence. (4) Every appeal shall be preferred on payment of such fees, as may be prescribed. 44 Penalty for counterfeiting of seals, etc. 14. 6. 32 Penalty for failure to get model approved. Penalty for repair, sale, etc., of weight and measure without licence. 49. (6) No publication under sub-section (5) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of. 44. 28 Penalty for making any transaction, deal or contract in contravention of the prescribed standards. 8. (5) The Central Government or the State Government, as the case may be, may on its own motion or otherwise, call for and examine the record of any proceeding including a proceeding in appeal in which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such orders thereon as it may think fit: Provided that no decision or order shall be varied under this sub-section so as to prejudicially affect any person unless such person has been given a reasonable opportunity of showing cause against the proposed action. —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. —The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act. Bharti Telemedia Ltd vs Commissioner Of Customs (Import) ... on 15 July, 2015, Bausch And Lomb Eyecare (I) ... vs State By on 29 August, 2019, Smt. (e) express in relation to any transaction or protection, any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure or numeration. Explanation.-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. 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. 33 Penalty for use of unverified weight or measure. Read Judgment, Weights & Measures: All about Legal Metrology Act, 2009 By Anwesha Das, India pushes to legalise Indian Standard Time (IST), to increase security & protection against Cyber Attacks. 10. with notice, action under section 33 of Legal Metrology Act, 2009 shall be initiated against the user of such weight or measure v) Thereafter the he shall take necessary action including prosecution under the relevant provisions of the Act and Rules. (vii) every co-operative society, constituted under an Act. (a) the specification of the base units of measures and base unit of mass under sub-section (2) of section 5; (b) the manner of preparation of objects and equipments under sub-section (3) of section 7; (c) physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests under sub-section (4) of section 7; (d) reference standards, secondary standards and working standards of weights and measures under sub-section (1) of section 9; (e) reference standards, secondary standards and working standards shall be verified and stamped and the fee under sub-section (2) of section 9; (f) the weight or measure or number in which any transaction, dealing, or contract in respect of any goods, class of goods or undertakings shall be made under section 10; (g) the qualifications of the Director and legal metrology officers under sub-section (2) of section 13; (h) the qualification of the Controller and legal metrology officers under sub-section (2) of section 14; (i) the manner of disposal of goods under sub-section (3) of section 15; (j) the standard quantities or number and the manner in which the packages shall bear the declarations and the particulars under sub-section (1) of section 18; (k) the manner and registration and the fee under section 19; (l) 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 under sub-section (2) of section 21; (m) the manner, fee and authority for approval of models under section 22; (n) the kinds of weights or measures under sub-section (2) of section 24; (o) the manner in which, terms and conditions on which and fee on payment which the Central Government shall notify the Government approved Test Centre under sub-section (3) of section 24; (p) the qualifications and experience of persons appointed or engaged and the fee and terms and conditions on which Government approved Test Centre shall verify the weight or measure under sub-section (4) of section 24; (q) the error in net quantity under sub-section (2) of section 36; (r) fee for compounding of offence under sub-section (1) of section 48; (s) form and manner in which notice to the Director or the Controller or any other officer authorised by him shall be given under sub-section (2) of section 49. 35. OFFENCES AND PENALTIES (5) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded. —Whoever renders or causes to be rendered, any service through means other than the weight or measure or numeration or in terms of any weight, measure or number other than the standard weight or measure, 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. 38 Penalty for non-registration by importer of weight or measure. —. —Whoever, being required to obtain a licence under this Act or the rules made thereunder, manufactures, without being in possession of a valid licence, any weight or measure, 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. 40. —, 57 Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. [December 12, 2017], Glaxo Smith Kline Pharmaceuticals Limited (Formerly known as SmithKline Beecham Pharmaceuticals (India) Limited) Vs. Union of India & Ors. 55. 1.Short title, extent and commencement. (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. (ii) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited. (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. Non-standard weights and measures not to be imported. 35 Penalty for rendering services by non-standard weight, measure or number. 15. The Legal Metrology (Packaged Commodities) Rules, 2011. —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. Objectives of the Act. (b) which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight, measure or numeration specified by or under this Act, except where he is permitted to do so under this Act, shall be punished with a fine which may extend to twenty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to three years or with fine or with both. Some states in India have modified the act to regulate the issues and matters related to legal metrology. Upto 10 % OFF on MRP/Rental which conforms to the meaning of prescribed. 2009 & Packaging & Labelling laws in India have modified the Act the., Legal Metrology Act, 2009 appointed under section 14 ; the Maharashtra Metrology... Records and registers Metrology services including registration, licencing, licence renewal and other employees ), dated December..., 14 appointment of Controller, Legal Metrology Act 2009 by PDF Online Company! 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