(a) used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, for the use of the Armed Forces of the Union; (b) used for scientific investigation or for research; SECTION 56. (3) The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 to 47, and any rule made under sub-section (3) of section 52 : Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded. Registration is mandatory for the people who falls under the preview of this law. When determining the maximum permissible error care shall be taken to account for errors caused due to devi… Penalty for repair, sale, etc., of weight and measure without licence. — (1) Whoever gives any information to the Director, the Controller or any legal metrology officer, which he may require or ask for in the course of his duty, and which such person either knows or has reason to believe to be false, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to six months and also with fine. Power of the Central Government to make rules. Penalty for giving false information or false return. —, SECTION 57. An importer of measuring instruments, wanting to do business in the Indian market needs to list itself to attain the Certificate of Registration of Importer of Weights and Measures. —, SECTION 47. SECTION 7. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :—. (3) The Director and every legal metrology officer, appointed under sub-section (1), shall exercise such powers and discharge such functions in respect of such local limits as the Central Government may, by notification, specify. Penalty for alteration of weight and measure. Registration under Legal Metrology Act 2009. (5) The Director, the Controller and every legal metrology officer authorised to perform any duty by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). Legal Metrology Infrared Thermometers Model Approval Consultancy Service under act 2009 shall be completed iwthin two weeks. —, SECTION 39. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees. — (1) The base units of weights and measures specified in section 5 shall be the standard units of weights and measures. 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. (2) It extends to the whole of India. (iii) does not manufacture any part of such weight or measure but assembles parts thereof manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be. Penalty for non-registration by importer of weight or measure. B. Bhushan & Associates have been providing very high quality of consultancy and other related services in indirect taxes to its clients and its benchmark is ‘Let’s interpret law in the right earnest to meet the needs of tax compliance & client’s satisfaction’, CHAPTER II - STANDARD WEIGHTS AND MEASURES, CHAPTER III - APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS, CHAPTER IV - VERIFICATION AND STAMPING OF WEIGHT OR MEASURE. SECTION 21. [21] Section 36 (2) of the Legal Metrology Act, 2009. (a) the time within which the weight or measure may be got verified under provsio to sub-section (1) of section 16; (b) registers and records to be maintained by persons referred to under sub-section (1) of section 17; (c) the form, manner, conditions, period, area of jurisdiction and fees for issuance of licence under sub-section (2) of section 23; (d) fee for verification and stamping of any weight or measure under sub-section (1) of section 24; (e) manner of notifying Government approved Test Centre, terms and conditions and fee to be paid under sub-section (3) of section 24; (f) fee for compounding of offences under sub-section (1) of section 48. Units of weights and measures to be based on metric system. An importer of measuring instruments, vying to do business in the Indian market needs to register itself to obtain the Certificate of Registration of Importer of Weights and Measures. Power of State Government to make rules. Penalty for failure to get model approved. Since, infrared thermometers are also involved in the weighing & measuring process, so it will fall under the purview of legal metrology certification. Penalty for use of unverified weight or measure. (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. Act not to apply in certain cases. Preliminary. The provisions of section 19, 22 & 23 of the Legal Metrology Act, 2009 and the provisions of Rule-27 of the Legal Metrology (Packaged Commodities) Rules, 2011 are applicable to Infrared (Electrical) thermometers. According to Section 19 of the Legal Metrology Act, 2009, any person importing any weight or measure items should not import unless his/her business entity is registered with the Director of Legal Metrology. Whoever uses or keeps for use any weight or measure or makes use of any numeration otherwise than in accordance with the standards of weight or measure or the standard of numeration, as the case may be, specified by or under this Act, shall be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with … — (1) The base unit of —. —, SECTION 40. Penalty for import of non-standard weight or measure. Legal Metrology is the application of legal requirements to measurements and measuring instruments. Section 5 in The Legal Metrology Act, 2009. (4) Every legal metrology officer appointed under sub-section (1) shall exercise and discharge the duties under the general superintendence, direction and control of the Controller. Each state has different application fees and different timelines for approvals of the license, whereas the validity for a license is from. Section - 2. Section No. —, SECTION 9. — 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. (3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal, a reasonable opportunity of being 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 taking additional evidence, if necessary. A:-Section 19 B:-Section 20 - (1) This Act may be called the Legal Metrology Act, 2009. (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. Penalty for use of unverified weight or measure. (4) The physical characteristics, configuration, constructional details, materials, equipments, performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be prescribed. SECTION 12. Provisions of Indian Penal Code and Code of Criminal Procedure not to apply. Registration under Rule 27 of the Legal Metrology ( Packaged Commodities) Rule,2011 iii. —, SECTION 36. shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years. SECTION 38. index-(part-i) details of technical bid with commercial terms (without price) filed on march 2nd, 2020 REGISTRATION OF MANUFACTURER, IMPORTER AND PACKER (PACKAGING UNITS AND … (iv) puts, or causes to be put, his own mark on any complete weight or measure made or manufactured by any other person and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be; (j) “notification” means a notification published in the Official Gazette; (k) “protection” means the utilisation of reading obtained from any weight or measure, for the purpose of determining any step which is required to be taken to safeguard the well being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively; (l) “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; (iii) every organisation established or constituted by Government. Power of the Central Government to make rules. Short title, extent and commencement. Registration for importer of weight or measure. (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 subsection (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. [20] Section 36 (1) of the Legal Metrology Act, 2009. Appointment of Controller, legal metrology officers and other employees. — The Director, the Controller or any legal metrology officer, exercising powers under this Act or any rule made thereunder, who knows that there are no reasonable grounds for so doing, and yet—, (a) searches, or causes to be searched, any house, conveyance or place; or. Understanding Legal Metrology Act, 2009 & Packaging & Labelling Laws in India. SECTION 1. — Where the Controller or any legal metrology officer exercising powers under this Act or any rule made thereunder, willfully verifies or stamps any weight or measure, in contravention of the provisions of this Act or of any rule made thereunder, he shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both. SECTION 29. —, SECTION 10. The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 to 47, and any rule made under sub-section (3) of section 52: Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded. Penalty for failure to get model approved. (3) Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director, Controller or legal metrology officer may dispose of such goods in such manner as may be prescribed. Yes, under sec.23 of Legal Metrology Act, 2009. no person shall make, manufacturer, repair, sell any weight or measure unless he holds a valid licence. SECTION 2. SECTION 53. Legal Metrology Act. SECTION 26. — Every person who manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or measure which, —, (a) does not conform to the standards of weight or measure specified by or under this Act; or. - 1. (2) The qualifications of the Controller and legal metrology officers appointed under subsection (1) shall be such as may be prescribed. The applicant has to file the application for registration in schedule X under Rule 15 and obtained under section 19 of Legal Metrology Act 2009. SECTION 14. — Whoever, being required by or under this Act or the rules made thereunder to submit returns, maintain any record or register, or being required by the Director or the Controller or any legal metrology officer to produce before him for inspection any weight or measure or any document, register or other record relating thereto, omits or fails without any reasonable excuse, so to do, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. (3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions of this Act. Offences by companies and power of court to publish name, place of business, etc., for companies convicted. —, SECTION 29. Penalty for sale or delivery of commodities, etc., by non-standard weight or measure. Training in Legal Metrology. — (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. Under Rule 19 read with Section 15 of the Act, the Director, Comptroller or Legal Metrology Officer, may examine the packages and carry out tests and draw samples of the same to ensure that there are not too many errors in relation to the declarations that were to be made on the packages. (ii) indicating that any mark which was previously made thereon certifying that such weight or measure conforms to the standards specified by or under this Act, has been obliterated; (i) any contract, whether for sale, purchase, exchange or any other purpose, or, (ii) any assessment of royalty, toll, duty or other dues, or. Prohibition on manufacture, repair or sale of weight or measure without licence. The Legal Metrology Act, 2009. Non-standard weights and measures not to be imported. (iii) a place where any books of account or other documents pertaining to any trade or transaction are kept. Short title, extent and commencement. (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. The Infrared Thermometer is used to quantify the body temperature of a person. Objectives of the Act. (5) Where any company is convicted under this Act for contravention of any of the provisions thereof, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspaper or in such other manner as the court may direct. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration. — Whoever imports any weight or measure without being registered under this Act shall be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine, or with both. (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. —, SECTION 25. (4) Every search or seizure made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures. (v) a company, firm and association of individuals. They had imported the same for their self-use and, therefore, cannot be compelled to seek registration as an importer under Section 19 of the Act. We assist importers in new registrations as well as renewals of the existing license. 5000 is the fine payable for retailers or wholesale dealer in this case. Use of weight or measure for particular purposes. SECTION 25. However, approval of a model is important to obtain. — (1) Every Director, Controller and legal metrology officer appointed immediately before the commencement of the rules made under this Act, shall be deemed to have been appointed under sub-section (1) of sections 13 and 14, notwithstanding any rule prescribing different qualifications. 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. Verification and stamping of weight or measure. Penalty for use of non-standard weight or measure. Correct Answer:- Option-C Question29:-Import of non-standard weight or measure is prohibited by which section of Legal Metrology Act, 2009? Act not to apply in certain cases. In case a dealer wants to trade or market his/her product in more than one state, it is the duty of the dealer to obtain a separate dealer license from each state. (2) Every weight, measure or other goods seized under section 15 but not forfeited under sub-section (1), shall be disposed of by such authority and in such manner as may be prescribed. SECTION 17. (2) The Director, Controller or any legal metrology officer may also require the production of every document or other record relating to the weight or measure referred to in sub-section (1) and the person having the custody of such weight or measure shall comply with such requisition. —, SECTION 53. Units of weights and measures to be based on metric system. (2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral. —, SECTION 55. The provisions of section 19, 22, 23 of the Legal Metrology Act, 2009 and the provisions of Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011 … The license is valid for a minimum of one year and a maximum of five years. Penalty for contravention by Government approved Test Centre. It might seem simple to apply for the above-mentioned licenses, however, even a minor mistake in the submission of documents and details might result in the cancellation of the application. SECTION 43. —, SECTION 33. — (1) The Central Government may, by notification, make rules for carrying out the provisions of this Act. — For the purposes of this section,—, (a) “company” means any body corporate and includes a firm or other association of individuals; and. This division came into force after the Legal Metrology Act of 2009 was notified on 31st Jan 2011 and implemented with effect from 1st April 2011. Read with Rule 32. — (1) The Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), is hereby repealed. [20] Section 36 (1) of the Legal Metrology Act, 2009. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. 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. —, SECTION 35. — Whoever tampers with, or alters in any way, any reference standard, secondary standard or working standard or increases or decreases or alters any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby, except where such alteration is made for the correction of any error noticed therein on verification, shall be punished with fine which may extend to fifty thousand rupees and for the second and subsequent offence with imprisonment for a term which shall not be less than six months but which may extend to one year or with fine or with both. — Whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any means other than the standard weight or measure or number, 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. Controller and Legal Metrology Officers: 13: Appointment of Director, ... 19: Registration for importer of weight or measure: 20: Penalty for tampering with licence. (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. Legal Metrology is the application of legal requirements to measurements and measuring instruments. Penalty for selling, etc., of non-standard packages. 5. Standard weight, measure or numeral. It is essential to obtain a manufacturing license from the Department of Legal Metrology for every individual, company, Hindu Undivided Family, society, or corporation who or which pre-packs or imports any commodity for sale, distribution, or delivery. (viii) every other society registered under the Societies Registration Act, 1860 (21 of 1860); (i) a place where any business, industry, production or transaction is carried on by a person, whether by himself or through an agent, by whatever name called, including the person who carries on the business in such premises. (7) The expenses of any publication under sub-section (5) shall be recoverable from the company as if it were a fine imposed by the court. Licence fees as per Schedule – IV of the Meghalaya Legal Metrology (Enforcement) Rules, 2011. (2) The base unit of numeration specified in section 6 shall be the standard unit of numeration. - 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. (2) Whoever, being required by or under this Act so to do, submits a return or maintains any record or register which is false in material particulars, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. (3) The Controller and every legal metrology officer, appointed under sub-section (1), shall exercise such powers and discharge such functions in respect of such local limits as the State Government may, by notification, specify. This is first stage, if you wish to comply this law. (8) Where any delegation of powers is made under sub-section (7), the powers so delegated shall be exercised under the general superintendence, direction and guidance of the Director. (vii) amount of substance shall be the mole. Definitions. Every manufacturer, dealer and repairer of weights and measures will require license from the Controller of the State [Section 23]. Registration under Section 19 of the Legal Metrology Act, 2009. ii. 30. Explanation. (d) in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for or paid for. (4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Rule 15 of the Legal Metrology (General) Rules, 2011 defines the registration as an importer of weighing and measuring devices. — In this sub-section, ‘‘counterfeit’’ shall have the meaning assigned to it in section 28 of the Indian Penal Code (45 of 1860). Those are as follows:-Authorization of measuring instrument: Model. SECTION 52. Also, violation of rules and regulations of the Act is a criminal nature offence. SECTION 15. — 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. SECTION 37. Power of the Central Government to make rules. Penalty for obstructing Director, Controller or legal metrology officer. Compounding of offences. The provisions of section 19, 22, 23 of the Legal Metrology Act, 2009 and the provisions of Rule 27 of the Legal Metrology (Packaged Commodities) Rules, 2011 … —, SECTION 27. As per the provisions of section 19 of the Legal Metrology Act of 2006, no person has the authority to import any measures or weight if he/she is not registered with the Director of Legal Metrology of the central government in the prescribed manner and on fees payment. —, SECTION 31. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. The petitioners claim that they are not dealing in DUs. Penalty for making any transaction, deal or contract in contravention of the prescribed standards. The application for Legal Metrology Certification is filed in schedule X under Rule 15 and obtained under section 19 of the Legal Metrology Act 2009. Explanation. 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