On this page you will read detailed information about Legal Metrology Act.
As a citizen of India, you should be aware of the Legal Metrology Act that regulates weights and measures to ensure fairness in commercial transactions. This important law, which has undergone multiple amendments over the years, aims to standardize measurements across the country. By understanding the key objectives and provisions of the Legal Metrology Act, you can gain insight into how the government works to protect consumers from fraudulent practices. This article provides an informative overview of the Act, its history, and its role in daily life. You will learn about the structure and functions of the legal metrology system, as well as the duties of manufacturers, packers, importers, and shopkeepers. Awareness of this key legislation empowers you to make well-informed choices and ensure fair trade as both a consumer and a business owner.
What Is the Legal Metrology Act?
The Legal Metrology Act of 2009 establishes standards of weights and measures in India. It replaced the Standards of Weights and Measures Act of 1976. The Act aims to establish and enforce standards of weights and measures, regulate trade and commerce in weights, and ensure public guarantee from short measure and short weight.
Units of Measurement
The Act adopts the metric system of weights and measures and designates the units of measurement for length (meters), mass (kilograms), time (seconds), electric current (amperes), temperature (Celsius), luminous intensity (candelas), and amount of substance (moles) as the standard units of measurement. It regulates the use of standard weights and measures for trade and commerce.
Packaged Commodities
The Act also regulates pre-packaged commodities by specifying the retail sale price, date of manufacture, best before date, and other details that must be declared on the package. This aims to protect consumers from misleading quantities and ensure fair trade practices. Manufacturers and packers must obtain licenses to package commodities for sale and declare the net quantity, retail sale price, and other details on the product label as per the rules.
Enforcement
The Act empowers inspectors to inspect premises where weights, measures, and packaged commodities are used or stored for trade. They can seize non-standard or unverified weights, measures or packaged goods. Offenders may face penalties, prosecution and imprisonment for violating provisions of the Act. The government also regularly conducts mass inspections and raids to curb unfair trade practices.
The Legal Metrology Act establishes a uniform standard system of weights and measures across India. By regulating the use of accurate weights and measures, it aims to protect consumers, ensure fair trade, and facilitate smooth functioning of trade and commerce. Compliance with the Act is mandatory for all manufacturers, packers, and traders in India.
History and Evolution of the Legal Metrology Act in India
The Legal Metrology Act in India was first enacted in 2009 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 Act came into force on 1st April 2011, repealing and replacing the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985.
Initial Objectives
The initial objectives of the Legal Metrology Act were to establish a uniform standard of weights and measures, regulate trade and commerce in weights and measures, and regulate the manufacture, sale, and distribution of other goods sold by weights and measures. It aimed to protect consumers and traders against malpractices like under-weightment and under-measurement, and facilitate the adoption of metric system of weights and measures.
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Key Amendments
In 2017, the Government amended the Legal Metrology Act to expand its scope and make provisions relating to repair, sale, purchase, hire and use of weights and measures. The amendment empowered the central government to make rules regarding registration of persons engaged in repair, sale, purchase, hire and use of weights and measures. It also authorized the seizure of non-standard or unverified weights and measures.
Current Scope
The Legal Metrology Act today regulates the standards, accuracy and sale of weights and measures used in trade and commerce. It covers all transactions carried out by weights, measures and numbers. The Act also regulates the manufacture, repair, and sale of weights and measures, protects public interest from malpractices like under-weightment and under-measurement, and promotes fair trade practices. By establishing uniform standards of weights and measures, it facilitates domestic and international trade.
In summary, the Legal Metrology Act in India has evolved over the years to expand its scope, strengthen enforcement, and better protect consumers and traders by ensuring accuracy of weights and measures used in trade and commerce. With the continuous progress in science and technology, the Act is amended from time to time to meet the changing conditions and needs of the society.
Key Provisions of the Legal Metrology Act
The Legal Metrology Act establishes certain standards for weights and measures used in trade and commerce across India. Some of the key provisions outlined in the Act include:
Standards of Weights and Measures
The Act adopts the metric system of weights and measures as the standard system of weights and measures for goods sold or distributed in India. It establishes standards of weights and measures for goods like agricultural produce, precious metals, and packaged goods.
Appointment of Government Approved Test Centres
The Act provides for the establishment of government-approved test centres for verifying the accuracy of weights and measures. These test centres inspect and verify weighing and measuring instruments using standards conforming to the metric system.
Mandatory Certification and Stamping
The Act makes certification and stamping mandatory for certain weights and measures. Weighing and measuring instruments like beam scales, platform scales, counter scales, and length measures must be stamped by the government-approved test centres after testing. Using uncertified and unstamped weights and measures is illegal under the Act.
Powers of Inspectors
The Act appoints inspectors to inspect sales outlets and commercial establishments to check if the provisions of the Legal Metrology Act are being followed. The inspectors have the power to seize weights, measures or goods that do not conform to the standards prescribed under the Act. They can also lodge complaints in a court of law against defaulters.
Penalties
The Act levies penalties for various offences like using non-standard weights and measures, selling or distributing underweight or under-measure goods, and tampering with stamped weights and measures. The penalties include both fines as well as imprisonment, depending on the nature of the offence.
The Legal Metrology Act aims to establish uniform standards of weights and measures across India to ensure accuracy in trade and protect consumer interests. Compliance with the provisions of this Act is important to operate legally in the Indian market.
Legal Metrology (Packaged Commodities) Rules
The Legal Metrology (Packaged Commodities) Rules lay down provisions regarding pre-packaged commodities in India. As per these rules, pre-packaged commodities are required to contain certain declarations such as the name and address of the manufacturer, packer or importer, net quantity, maximum retail price (MRP) and date of manufacture or packing.
Net Quantity
The net quantity of the pre-packaged commodities should be expressed in terms of standard units of weights and measures. It should be declared on the package in a manner that is prominent, unambiguous and easily readable. The net quantity should be exclusive of the packaging material. The declaration of net quantity helps consumers make value comparisons between products and ensures fair trade practices.
Maximum Retail Price The MRP includes all taxes and is the maximum price at which the pre-packaged commodity can be sold to the ultimate consumer. It helps consumers know the maximum amount they may be charged while purchasing the product. The MRP should be declared on the package in a manner that is prominent, unambiguous and easily readable.
Date Marking The date of manufacture or packing should be clearly mentioned on the package to indicate the shelf life of the pre-packaged commodity. The date format should be in either day-month-year or month-year format. Proper date marking helps consumers use the products within the best before period and retailers clear outdated stocks.
The above declarations on pre-packaged commodities aim to protect the interests of consumers and ensure fair practices in trade. They make consumers well-informed about the products they purchase while also enabling value comparisons. Strict enforcement of these rules is necessary to prevent unfair trade practices like underweight packages or overcharging. Overall, the Legal Metrology (Packaged Commodities) Rules intend to bring transparency in trade and build consumer confidence.
Role of the Legal Metrology Department
The Legal Metrology Department is responsible for enforcing the provisions of the Legal Metrology Act in India.
Verification and Stamping
The Department verifies the accuracy of weights and measures used in trade and commerce. It stamps and seals weights, measures and weighing and measuring instruments that meet the verification standards. This process ensures fairness in trade and protects consumers from being cheated.
Inspections
The Department conducts inspections at the premises of manufacturers, importers and users of weights and measures to check for compliance with the Act. In case of violations, penal actions are initiated against the defaulters. Routine and surprise inspections help curb unfair practices.
Prosecution
The Department prosecutes manufacturers, dealers and users who violate provisions of the Act like manufacturing, importing or selling non-standard weights and measures. It files legal cases against them in courts of law. If found guilty, penalties and punishments are imposed on them. Such legal actions act as a deterrent.
Raids
The Department conducts raids to detect unlicensed manufacturing or repair of weights and measures and unauthorised import of these equipment. Raids are also carried out based on complaints to detect specific violations. Materials, equipment and records are seized during raids and further action is taken against the violators.
Calibration and Testing
The Department calibrates and tests weights, measures and weighing/measuring instruments for accuracy as per national standards. Calibration labs are set up to provide calibration services to industries and other users. This helps in maintenance of accuracy standards.
In summary, the Legal Metrology Department enforces laws related to weights and measures in a systematic manner through various means to ensure fairness in trade, protect consumer interests and promote industrial growth. Its role is crucial in developing a robust and ethical business environment in the country.
Registration Requirements for Manufacturers and Packagers
As a manufacturer or packager of pre-packaged commodities in India, you are required to register with the Legal Metrology Department in your state. This applies to any business that engages in:
- Pre-packing or manufacturing any item for sale, distribution or delivery
- Declaring the quantity of items on the package
- Importing any pre-packaged item for sale
To register, you must submit an application in the prescribed format to the Controller of Legal Metrology in your state, along with the required registration fees. The application will include:
- Information on the nature of your business and the types of pre-packaged goods
- Details on the location of your manufacturing/packaging premises
- Specifications of the weights, measures, and packaging machines used
Upon successful review of your application, an inspection of your premises will be conducted. If found compliant with the Legal Metrology rules and regulations, a Certifcate of Registration will be issued. This certifcate must be prominently displayed at all locations where manufacturing, packaging, and sale activities are carried out.
The registration certificate is valid for a period of 2 years, after which it must be renewed. Any change in business details like location, machinery, etc. must also be intimated to the controller within 30 days. Strict adherence to the rules regarding quantity declarations, weight and measurement standards, and packaging requirements must be followed at all times to avoid penalties or cancellation of registration.
Regular inspections by Legal Metrology officials will be conducted to ensure ongoing compliance. Records of all manufacturing, packaging and sales must be properly maintained for a minimum period of 2 years for verification during inspections. It is the responsibility of the manufacturer and packager to remain up-to-date with changes in the Legal Metrology Act and rules to guarantee consistent compliance. Failure to do so can attract significant penalties.
In summary, registering and maintaining compliance with the Legal Metrology Department is mandatory for any business involved in pre-packaging goods for sale in India. Close adherence to the associated rules and regulations is required to operate without legal consequence.
Compliance Requirements for Weighing and Measuring Instruments
To ensure fairness in trade and commerce, the Legal Metrology Act establishes certain compliance requirements for weighing and measuring instruments. As the owner or user of such instruments, you must follow these regulations to avoid legal penalties.
The Act mandates that all weighing and measuring instruments used for trade or commerce be verified and stamped by the appropriate verification authority before they are put into use. Verification helps guarantee that the instrument conforms to the prescribed specifications and metrological standards, so that it gives accurate measurements. Instruments must be re-verified periodically as specified in the Act to maintain compliance. Records of verification should be kept on hand to show during inspections.
In addition to initial verification, you must have all instruments calibrated and adjusted to maintain measurement accuracy. Calibration should be done using government-approved calibration standards and equipment. The calibration status of instruments should be clearly indicated on the instruments for easy identification during inspections.
To prevent tampering or manipulation, the Act prohibits certain modifications or repairs to weighing and measuring instruments. Only government-authorized agencies or technicians can adjust, repair or modify verified instruments in a way that could influence their metrological characteristics. Unauthorized changes to instruments may lead to cancellation of verification and legal penalties.
The Act also gives legal metrology enforcement officers the right to inspect your premises to check that all weighing and measuring instruments in use are duly verified and comply with regulations. During inspections, you must provide access to instruments, calibration records, and other relevant documentation. Failure to comply with inspection requirements can lead to legal prosecution.
By following these compliance regulations for your weighing and measuring instruments, you can avoid legal issues and ensure fair and ethical practices in your trade. Regular calibration, verification, and inspections give your customers confidence that you provide honest and accurate measurements. Compliance with the Legal Metrology Act is an important responsibility for businesses and instrument owners.
Penalties for Violation of the Legal Metrology Act
The Legal Metrology Act aims to establish standards for weights and measures in India. To ensure compliance, it outlines penalties for violations of the Act. Offenses under the Act can lead to imprisonment, fines, or both.
As per the Act, using or keeping non-standard weights and measures in a commercial transaction can result in imprisonment up to 1 year and/or a fine up to ₹5,000. For a subsequent offense, the imprisonment can extend to 2 years and the fine up to ₹10,000. Using fraudulent weights and measures can lead to even harsher penalties, with imprisonment up to 2 years and/or a fine up to ₹20,000 for a first offense, and up to 5 years’ imprisonment and ₹50,000 fine for subsequent offenses.
Other violations, such as selling commodities by non-standard weights or measures, using unverified weights and measures, and forging verification seals also attract penalties. The Act empowers Weights and Measures Inspectors to enter premises, inspect weights and measures, and seize non-compliant or unverified equipment. Failure to facilitate an Inspector in the discharge of duties can lead to imprisonment up to 1 year or a fine up to ₹5,000.
The Legal Metrology Act aims to protect both buyers and sellers in commercial transactions by ensuring accuracy of weights and measures. The penalties act as a deterrent against violations and help maintain standards to benefit trade and economy. Overall, compliance with the Act is in the interest of fair business practices and consumer protection in India.
FAQs on Legal Metrology Act Compliance
To understand your responsibilities under the Legal Metrology Act, it is helpful to review some frequently asked questions.
The Legal Metrology Act establishes standards for several categories of goods, including:
Packaged commodities: Any commodity that is sold in a pre-packaged form to consumers. This includes food items, cosmetics, electrical goods, and textiles.
Weights and measures: Any instrument used to measure the quantity or volume of a commodity, such as weighing scales, lengths, and measuring tapes.
Packaging: Materials used to pack or wrap goods for transport, storage, and sale.
In certain cases, yes. Manufacturers, packers, importers, and sellers of packaged goods and measuring instruments may need to obtain a license or certificate of registration under the Act. The specific requirements depend on the types of products dealt with. It is best to check with the local Legal Metrology Department to determine if your business requires any licenses or registrations.
All pre-packaged goods must display certain information, including:
I) Name and address of the manufacturer/packer
II) Generic name of the commodity
III) Net quantity in terms of standard units of weight or measure
IV) Month and year of manufacture
V) Maximum retail price (for certain goods)
The labeling must be clear, prominent, and in English or the local language.
Failure to comply with the Legal Metrology Act can result in penalties including fines, imprisonment, and recall or seizure of goods. It is in the best interest of businesses to understand and properly implement the requirements of the Act. Complying with the law also builds consumer trust in your products and services.
Conclusion
As we have seen, the Legal Metrology Act 2009 is a comprehensive piece of legislation that governs weights and measures in India. It establishes uniform standards, regulates trade in weights and measures, and penalizes offenses related to weights and measures. The Act has enabled fair trade practices, reduced consumer exploitation, and promoted exports. While some implementation challenges remain, the Legal Metrology Act has strengthened India’s legal metrology framework. As consumers and businesses, we must adhere to the Act’s provisions. Accurate weights and measures are vital for fair commerce and consumer protection. Through compliance, we can reap the full benefits envisaged by this forward-looking law.
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