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THE LEGAL METROLOGY ACT, 2009
MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the 14th January, 2010/Pausa 24, 1931 (Saka)
The following Act of Parliament received the assent of the President on the 13th January, 2010, and is hereby published for general information:—
THE LEGAL METROLOGY ACT, 2009
(No. 1 OF 2010)
[13th January, 2010.]
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.
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
Short title, extent and commencement
1. (1) This Act maybe called the Legal Metrology Act, 2009.
(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.
Definitions
2. In this Act, unless the context otherwise requires,—
(a) “Controller’ means the Controller of Legal Metrology appointed under section 14;
(b) “dealer”, in relation to any weight or measure, means a person who, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent, an importer, a manufacturer, who sells, supplies, distributes or otherwise delivers any weight or measure manufactured by him to any person other than a dealer;
(c) “Director” means the Director of Legal Metrology appointed under section 13;
(d), “export” with its grammatical variations and cognate expressions, means taking out of India to a place outside India;
(e) “import” with its grammatical variations and cognate expressions, means bringing into India from a place outside India;
(f) “label” means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity;
(g) “Legal Metrology” means that 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 weighments and measurements;
(h) “legal metrology officer” means Additional Director, Additional Controller, Joint Director, Joint Controller, Deputy Director, Deputy Controller, Assistant Director. Assistant Controller and Inspector appointed under sections 13 and 14;
(i) “manufacturer” in relation to any weight or measure, means a person who—
(i) manufactures weight or measure,
(ii) manufactures one or more parts, and acquires other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,
(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,
(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;
(m) “person” includes.
(i) a Hindu undivided family,
(ii) every department or office,
(iii) every organisation established or constituted by Government,
(iv) every local authority within the territory of India.
(v) a company, firm and association of individuals,
(vi) trust constituted under an Act,
(vii) every co-operative society, constituted under an Act,
(viii) every other society registered under the Societies Registration Act, 1860;
(n) “premises” includes
(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,
(ii) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited,
(iii) a place where any books of account or other documents pertaining to any trade or transaction are kept,
(iv) a dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade,
(v) a vehicle or vessel or any other mobile device, with the help of which any transaction or business is carried on;
(o) “prescribed” means prescribed by rules made under this Act;
(p) “repairer” means a person who repairs a weight or measure and includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standards established by or under this Act;
(q) “State Government”, in relation to a Union territory, means the Administrator thereof;
(r) “sale”, with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or for any other valuable consideration and includes a transfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods;
(s) “seal” means a device or process by which a stamp is made,-and includes any wire or other accessory which is used for ensuring the integrity of any stamp;
(t) “stamp” means a mark, made by impressing, casting, engraving, etching, branding, affixing pre-stressed paper seal or any other process in relation to, any weight or measure with a view to
(i) certifying that such weight or measure conforms to the standard specified by or under this Act, or
(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:
(u) “transaction” means.
(i) any contract, whether for sale, purchase, exchange or any other purpose, or
(ii) any assessment of royalty, toll, duty or other dues, or
(iii) the assessment of any work done, wages due or services rendered;
(v) “verification”, with its grammatical variations and cognate expressions. includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure conforms to the standards established by or under this Act and also includes re-verification and calibration:
(w) “weight or measure” means a weight or measure specified by or under this Act and includes a weighing or measuring instrument.
Provisions of this Act to override provisions of any other law
3. 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.
CHAPTER II
STANDARD WEIGHTS AND MEASURES
Units of weights and measures to be based on metric system
4. Every unit of weight or measure shall be in accordance with the metric system based on the international system of units.
Base unit of weights and measures
5. (1) The base unit of—
(i) length shall be the metre;
(ii) mass shall be the kilogram;
(iii) time shall be the second;
(iv) electric current shall he the ampere;
(v) thermodynamic temperature shall be the Kelvin;
(vi) luminous intensity shall be the candela; and
(vii) amount of substance shall be the mole.
(2) The specifications of the base units mentioned in sub-section (1), derived units and other units shall be such as may be prescribed.
Base unit of numeration
6. (1) The base unit of numeration shall be the unit of the international form of Indian numerals.
(2) Every numeration shall be made in accordance with the decimal system,
(3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as may be prescribed.
Standard units of weights and measures
7. (1) The base units of weights and measures specified m section 5 shall be the standard units of weights and measures
(2) The base unit of numeration specified in section 6 shall be the standard unit of numeration.
(3) For the purpose of deriving the value of base, derived and other units mentioned in section 5, the Central Government shall prepare or cause to be prepared objects or equipments in such manner as may be prescribed.
(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.
Standard weight, measure or numeral
8. (1) Any weight or measure which conforms to the standard unit of such weight or measure and also conforms to such of the provisions of section 7 as are applicable to it shall be the standard weight or measure.
(2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral.
(3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral.
(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.
Reference, secondary and working standard
9. (1) The reference standards, secondary standards and working standards of weights and measures shall be such as may be prescribed.
(2) 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.
(3) Every reference standard, secondary standard and working standard which is not verified and stamped in accordance with the provisions of sub-section (2) shall not be deemed to be a valid standard.
Use of weight or measure for particular purposes
10. Any transaction, dealing or contract in respect of any goods, class of goods or use of weight undertakings shall be made by such weight, measure or number as may be prescribed.
Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration
11. (1) No person shall, in relation to any goods, things or service,—
(a) quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or other document, or
(c) prepare or publish any advertisement, poster or other document, or
(d) indicate the net quantity of a pre-packaged commodity, or
(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.
(2) The provisions of sub-section (1) shall not be applicable for export of any goods, things or service.
Any custom, usage, etc., contrary to standard weight, measure or numeration to be void
12. 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.
CHAPTER III
APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS
Appointment of Director, legal metrology officers and other employees
13. (1) The Central Government may, by notification, appoint a Director of legal metrology, Additional Director, Joint Director, Deputy Director, Assistant Director and other employees for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to inter-State trade and commerce.
(2) The qualifications of the Director and legal metrology officers appointed under sub-section (1) shall be such as may be prescribed.
(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.
(4) Every legal metrology officer appointed under sub-section (1) shall exercise powers and discharge duties under the general superintendence, direction and control of the Director.
(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.
(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.
(7) The Central Government may. with the consent of the State Government and subject to such conditions, limitations and restrictions as it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal metrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fit to any legal metrology officer and where any such delegation of powers is made by such Controller, the person to whom such powers are delegated shall exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation.
(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.
Appointment of Controller, legal metrology officers and other employees
14. (1) The State Government may, by notification, appoint a Controller of legal metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, Inspector and other employees for the State for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to intra State trade and commerce.
(2) The qualifications of the Controller and legal metrology officers appointed under sub-section (1) shall be such as may be prescribed.
(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.
(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.
Power of inspection, seizure, etc.
15. (1) The Director, Controller or any legal metrology officer may, 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 which an offence punishable under this Act appears to have been, or is likely to be, committed arc either kept or concealed in any premises or are in the course of transportation,—
(a) 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;
(b) 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 tinder this Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce.
(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.
(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.
(4) Every search or seizure made under this section shall be carried out in with the provisions of the Code of Criminal Procedure, 1973, relating to searches and seizures.
Forfeiture
16. (1) Every non-standard or unverified weight or measure, and every package made Forfeiture in contravention of section 18, used in the course of, or in relation to, any trade and commerce and seized under section 15, shall be liable to be forfeited to the State Government:
Provided that 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.
(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.
Manufacturers, etc. to maintain records and registers
17. (1) Every manufacturer, repairer or dealer of weight or measure shall maintain such records and registers as may be prescribed.
(2) The records and registers maintained under sub-section (1) shall be produced at the time of inspection to the persons authorised for the said purpose under sub-section (1) of section 15.
Declarations on pre-packaged commodities
18. (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.
(2) 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.
Registration for importer of weight or measure
19. 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.
Non-standard weights and measures not to be imported
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.
Training in Legal Metrology
21. (1) For imparting training in Legal Metrology and other allied branches of knowledge the “Indian Institute of Legal Metrology” (hereinafter referred to as the “Institute”) established under the provisions of the Standards of Weights and Measures Act, 1976, shall be deemed to have been established under the corresponding provisions of this Act.
(2) 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 shall be such as may be prescribed.
Approval of model
22. 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.
Prohibition on manufacture, repair or sale of weight or measure without licence
23. (1) 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 under sub-section (2):
Provided that 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.
(2) For the purpose of sub-section (1), 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.
CHAPTER IV
VERIFICATION AND STAMPING OF WEIGHT OR MEASURE
Verification and stamping of weight or measure
24. (1) 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.
(2) 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.
(3) The Government approved Test Centre shall be notified by the Central Government or the State Government, as the case may be, in such manner, on such terms and conditions and on payment of such fee as may he prescribed.
(4) The Government approved Test Centre shall appoint or engage persons having such qualifications and experience and collect such fee on such terms and conditions for the verification of weights and measures specified under sub-section (2) as may be prescribed.
CHAPTER V
OFFENCES AND PENALTIES
Penalty for use of non-standard weight or measure
25. 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 imprisonment for a term which may extend to six months and also with fine.
Penalty for alteration of weight and measure
26. 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.
Penalty for manufacture or sale of non-standard weight or measure
27. 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
(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.
Penalty for making any transaction, deal or contract in contravention of the prescribed standards
28. Whoever makes any transaction, deal or contract in contravention of the standards of weights and measures specified under section 10 shall be punished with fine 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, or with fine, or with both.
Penalty for quoting or published, etc., of non-standard units
29. Whoever violates section 11 shall be punished with fine 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, or with fine, or with both.
Penalty for transactions in contravention of standard weight or measure
30. Whoever—
(a) in selling any article or thing by weight, measure or number, delivers or causes to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted for or paid for; or
(b) in rendering any service by weight, measure or number, renders that service less than the service contracted for or paid for; or
(c) in buying any article or thing by weight, measure or number, fraudulently receives, or causes to be received any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or
(d) in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for or paid for,
shall be punished with fine w
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