1263 0 obj <> endobj Sale of non-standard packages (Declarations) INR 5,000. Stamp of assize. 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. Recent Amendment. INR 2,000. endstream endobj 1264 0 obj <>/Metadata 118 0 R/OCProperties<>/OCGs[1269 0 R]>>/PageLabels 1254 0 R/PageLayout/OneColumn/Pages 1256 0 R/PieceInfo<>>>/StructTreeRoot 129 0 R/Type/Catalog>> endobj 1265 0 obj <>/Font<>/ProcSet[/PDF/Text]/Properties<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 1266 0 obj <>stream The legal community has been discussing whether section 36(1) of the Legal Metrology Act, 2009 provides for penal action for mis-declaration/false declaration or non-declaration or both. Contravention of Section 36(1) of the Legal Metrology Act, 2009 i.e. - (1) These rules may be called the Indian Institute of Legal Metrology Rules, 2011, (2) They shall come into force on the 1 st day of April, 2011. INR 25,000. Free for one month and pay only if you like it. 9 of 2014 Legal Metrology Act, 2014 ‘‘verification body’’ means a body— (a) accredited in terms of section 22 of the Accreditation for Conformity Assessment, Calibration and Good Laboratory PracticeAct, 2006 (Act No.19 2 of 1990] w.e.f. 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. [20] Section 36 (1) of the Legal Metrology Act, 2009. [21] Section 36 (2) of the Legal Metrology Act, 2009. 40. On penal action against violators, the Secretary said Section 36 of the Legal Metrology Act provides penalty of up to Rs 1 lakh and also an imprisonment for a term of one year. The Legal Metrology Act 9 of 2014 aims: to provide for the administration and maintenance of legal metrology technical regulations in order to promote fair trade and to protect public health and safety and the environment; and; to provide for matters connected therewith. In India the law rel… Section 36 in The Legal Metrology Act, 2009. The section 36(1) reads as follows: “ Penalty for selling, etc., of non-standard packages. 0 36 Penalty for selling, etc., of non-standard packages. Creating global standards for use in legal metrology legislation is the role of the OIML . (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 8. 3. Sale of non-standard packages (Declarations) INR 5,000. (2) It extends to the whole of India. 2. 1268 0 obj <>/Filter/FlateDecode/ID[<5059B6748E380C7D4ECCCB9EA73DC2C6><7FF05E11F8B3EA4BB7A73F3FA91A1311>]/Index[1263 14]/Info 1262 0 R/Length 48/Prev 135971/Root 1264 0 R/Size 1277/Type/XRef/W[1 2 1]>>stream The penal provisions are related to violations of The Jammu and Kashmir Standards of Weights & Measures (Enforcement) (Amendment) Act 2011 and Legal Metrology Act, 2009 and the rules made there under. E-commerce companies asked to display MRP from January 1 or pay fines 27 Dec, 2017, 11.59 AM IST “If ecommerce companies do not comply with the new rules, they will be penalised under Section 36 of the Legal Metrology Act,” said a senior official. THE METROLOGY ACT, 2017 ARRANGEMENT OF SECTIONS PART I PRELIMINARY PROVISIONS Section 1. NOTIFICATION. }1g�QF�r��4wX�a]�1V�s�-W�NF���N(�\-k��")3�/�� �yϓw����M�:�_f�Z��R?��r��C��X! 1 August 2014 (Government Gazette 37887, 1 August 2014) GSR 202 (E) — 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:- INR 2,000. + 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. The Legal Metrology (Packaged Commodities) Rules, 2011 (Few Section in brief) 6. 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. Note that Rs. (1) Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, 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. For a more formal presentation of legal metrology please refer to OIML D 1:2012 Considerations for a law on metrology. Section - 1. Mr.Leo Crasta vs State Of Karnataka on 10 July, 2018, M/S Standard Fireworks Pvt.Ltd. 7th March 2011. The Legal Metrology (Packaged Commodities) Rules, 2011. 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”. Commodities) Rules, 1977 have been repealed and in their place Legal Metrology Act, 2009 (the Act) and Legal Metrology (Pacakged Commodities) Rules, 2011 (the Rules) have been brought into existance by Government of India. The Central Government may, by notification, make rules for carrying out the provisions of this Act. it is further contended that section 24(1) of the legal metrology act, 2009 and rule 16(1) of the rules of 2011, empowers the controller to specify the place of verification and procedure for collection of fees. 1. Standard units of weight, length and capacity. - (1) (a) the name and address of the manufacturer, or where the manufacturer is not the packer, the name and address of the manufacturer and packer and for any imported package the name and address of hޤUmO�0�O�G�P켧��H+T��Lkڈ4�#�ϳ�]�4CLc4���=g�c�9�q�>��q#�Dw=2\��HJ�|�4`��1?>�j�εZ�*)K��C1{�hq5>�k��3��2euQ�l�NX�&0zd�&�4� =7�/E�to0Ӱ2�e�8�)�;��Z�X����)Py ��t��.���0? 5000 is the fine payable for retailers or wholesale dealer in this case. 5. 7. 37661 GOVERNMENT GAZETTE, 19 May 2014 Act No. Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. There have been certain amendments to the said Act and the Rules as well. (2) They shall come into force on the 1st day of April, 2011. —Whoever imports any non-standard weight or measure 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. - 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. Interpretation PART II THE ZAMBIA METROLOGY AGENCY 3. Renaming of Zambia Weights and Measures Agency as 1276 0 obj <>stream ��Nf���f��e�V9�n6>��0*���b�k.Ej����;�P$[e� � ��H�c>H|Z��EV,�MV�:k�IV�f�R��w 9I~-��m�8��̪'M�Zn��¬�[7�ܾ1-��[ я18�ލb�~�a,�]��uyF��v!��. Commencement. 3. (a) one kilogram, the unit of weight shall be the gram; 3. After GSR 202 (E) .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:-1. of Rule 6(1) (e) of the Legal Metrology (Packaged Commodities) Rules, 2011 and Sec. vs The State ( Nct Of Delhi ) on 13 June, 2016, M/S Ims Mercantiles Pvt. THE LEGAL METROLOGY ACT, 2009 # NO. 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. (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. Rule 21 (1) of Meghalaya Legal Metrology (Enforcement) Rules 2011. Contravention of Section 36(1) of the Legal Metrology Act, 2009 i.e. Free for one month and pay only if you like it. 30. Legal Metrology is the name given to all applied metrology subjected to regulations by law or government decree. During trial, the prosecution examined 3 numbers of witnesses, exhibited 4 documents and closed its evidence. Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, shall be punished with fine which may extend to twenty-five thousand rupees, for the … There have been certain amendments to the said Act and the Rules as well. The Legal Metrology (Packaged Commodities) Rules, 2011 (Few Section in brief) 6. NOTIFICATION. Definitions. Short title, extent and commencement.—(1) This Act may be called the Legal Metrology Act, 2009. 10 No. The provisions of the Act came into force on April 1, 2011. Statement of units of weight, measure or number.-. endstream endobj startxref INR 10,000. (1) The units of weight or measure or number shall be specified in accordance with the units specified in sub-rule (2) or sub-rule (3), as the case may be. h�b```b``b`e``���ˀ �@f%t���4U� O��0yi��KA����'Ԥji)�y��L��P��j�Ǔi~�e�x]_�Vq�˵³)S�f���� gC���Wc�C�� [�r,�u��C�=���'eRr롇iNS&%�I004d04H0p mr,�i Q ��@5GA:���@��Y���d�a`|/Y#Z �20�G?g20������I~Dc@� �!\� - (1) (a) the name and address of the manufacturer, or where the manufacturer is not the packer, the name and address New Delhi 7th March, 2011. Central Government Act. Act not to apply in certain cases: 56: Existing Director, Controller and legal metrology officer not to be affected by the new qualification to be prescribed: 57: Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985 36 of the Legal Metrology Act, 2009, were explained to the accused to which he pleaded not guilty and claimed to be tried. E-commerce companies asked to display MRP from January 1 or pay fines 27 Dec, 2017, 11.59 AM IST “If ecommerce companies do not comply with the new rules, they will be penalised under Section 36 of the Legal Metrology Act,” said a senior official. Section - 3. Read with Rule 32. 1. Interpretation. Section 36 read with Rule 4, 6(1)(c) of Legal Metrology (Packaged Commodities) Rules, 2011, (hereinafter referred to as Rules, 2011,) and Section 18 of the Legal Metrology Act, 2009, (hereinafter referred to as Act). Quoting or publishing of non-standard units. The Legal Metrology Act, 2009. 2. (1) Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, shall be punished with fine which may extend to twenty-five thousand rupees, for the … And that the same was an offence punishable under Section 36(1) of the LM Act. Declarations to be made on every package. Short title, extent and commencement. 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. Rule 23 As the same were not in compliance with Section 18 of the LM Act and Rules 4, 6(1)(e) & 6(3) of the LMPC Rules. Provisions of this Act … THE LEGAL METROLOGY ACT 1985 Act 57/1985 Proclaimed by [Proclamation No. Section - 2. h�bbd``b`�� ��� Metrology is the science of weights and measures or of measurement and relates to a system of weights and measures. Quoting or publishing of non-standard units. Declarations to be made on every package. Section 36(1) of the Act provides penalty for manufacturing, packaging, selling, distributing, importing etc., of non-standard packages that shall be … 1st July 1990 ARRANGEMENT OF SECTIONS Section 1. Schedule XIII of Legal Metrology (General) Rules, 2011 Nomination Format for nomination of the Director by the Company [See Rule 29 of The Legal Metrology (General) Rules, 2011] (2) When expressing a quantity less than,-. 1 OF 2010 $ [13th January, 2010.] Ltd. vs Union Of India And Ors. - In these rules, unless the context otherwise required:-(a) "Act" means the Legal Metrology Act, 2009 (1 of 2010). section 18 of the legal metrology act reads as follows: sec.18. INR 25,000. Contravention of Section 29 of the Legal Metrology Act, 2009 i.e. 2. Short title, and Commencement.- 2. Certificate of suitability. Section 36(1) in The Legal Metrology Act, 2009. INR 10,000. 3. The Legal Metrology (Packaged Commodities) Rules, 2011. Non Suspension of Beam Scale in trade premises. Controller. 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. Power of the Central Government to make rules. Short title, and Commencement.-(1)These rules may be called The Legal Metrology (Packaged Commodities) Rules, 2011. %PDF-1.5 %���� It is contended that under the Rules, if a label is affixed for declarations, all information under Rule 6(1) ought to be declared on the label itself. 7th March 2011. GSR 202 (E) — 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:- 4. %%EOF The Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 (Rules) prescribe the mandatory technical and legal requirements relating to standards of weights and measures for goods which are sold or distributed in India. Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free experience. The new law seeks to repeal the over three-decade-old cumbersome Standards of Weights & Measures Act, 1976. Commodities) Rules, 1977 have been repealed and in their place Legal Metrology Act, 2009 (the Act) and Legal Metrology (Pacakged Commodities) Rules, 2011 (the Rules) have been brought into existance by Government of India. 6. The Legal Metrology (Packaged Commodities) Rules, 2011, framed under section 52(3) of the Act will come into force from 1st April, 2011.This is mostly an edited version of the previous Packaged Commodities Rules of 1977, corrected up to 1.1.2007, by updating of provisions, rearrangement of clauses and inclusion of provisions made through different amendment notifications. $~�001��Y������0 ��� Penalties under Weights and Measures Laws. E-commerce companies asked to display MRP from January 1 or pay fines 27 Dec, 2017, 11.59 AM IST “If ecommerce companies do not comply with the new rules, they will be penalised under Section 36 of the Legal Metrology Act,” said a senior official. 52. - 1. National, secondary and working standards. Short title. Contravention of Section 29 of the Legal Metrology Act, 2009 i.e. [19] An offence under Section 29 of the Legal Metrology Act, 2009 read with Rule 32. Penalty for import of non-standard weight or measure. 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