A Legal Meteorology Act was implied to create and uphold weights and measures standards, control trade and commerce in weights and measures other items sold or distributed by weight, measure, or number. Breaching the ACT may result in a serious issues, a hefty fine and even imprisonment. Get to know ore about the same.
Legal Metrology Act helps monitor and reduce weight and measure inaccuracies. The document outlines weighing and measuring instruments, units, standards, and necessary requirements with the objective of ensuring public confidence in weights and measures from an accuracy and security perspective.
The Legal Metrology Act of 2009 aims to set and enforce standards for weights and measures, regulate the trade and commerce of goods sold or distributed based on weight, measure, or number, and address associated matters or incidental issues.
We engage in consumption, but we perform a transaction with commercial entities. It is essential to determine whether we are getting value for our money. As a result, the law regulating legal metrology was enacted so that the public’s faith could be bolstered.
One definition of “metrology” is an “instrument for measurement.” Legal metrology refers to the area of law that addresses issues about the units of weights and measures used in commercial transactions and the sale or distribution of goods based on weight, measurement, or number. It is responsible for ensuring compliance with the Act and other technical standards and monitoring the correctness of weights and measures.
Administrative Overview of the Legal Metrology Act
The previous Standard of Weights and Measures Act passed in 1976, and the Standards of Weights and Measures (Enforcement), enacted in 1985, were superseded by this new law. On April 1, 2011, the Act’s provisions were put into effect after being passed into law. The Act was passed to establish guidelines for using weights and measures in commercial transactions and assuring consumers of the legality and safety of any products or services an owner provides.
Enforcement of the Act and An Outline of the Act
The Act was signed into law by the President on 13 January 2010, and it did not become effective until 1 March 2011. The Act is divided into a total of five chapters and 57 Sections in its entirety.
Important Definitions
Dealer: According to Section 2(b), a person is considered a dealer if they engage in buying, selling, providing, or distributing any such weight or measure for cash or on a deferred payment basis. This definition can apply directly or indirectly to the business.
Importer: An individual who purchases items from a country outside of their own to resell, distribute, or deliver such commodities is an importer.
Standard Weights and Measures
As stated in Section 4, the units of weights and measures must adhere to the standards established by the international system of units.
According to Section 5, the base unit is:
- For length- metre
- For a mass-kilogram
- For time- its second
- For electric current- ampere
- Kelvin is the temperature unit used for thermodynamics
- Candela measures the amount of light that is emitted
- When referring to the quantity of stuff, the mole.
According to Section 6, the base unit of numeration must be a unit of international form expressed using Indian numerals, and the enumeration must conform to the rules of the decimal system. The decimal multiples and sub-multiples have to be written in the prescribed manner and use the same denomination as the prescribed multiple.
According to Section 7, the standard unit of weight and measures and the standard unit of numeration shall serve as the basis for the base unit of weight and measures and the base unit of numeration.
According to Section 8, any weight and measurements that correspond with Section 7 and any numerals that agree with Section 6 shall be considered standard weight and measures and standard numerals, respectively. This applies to both weight and measures and numerals.
One must carry out any transactions, deals, and contracts about commodities, their class, or undertakings according to the weight, measures, or numbers defined in Section 10.
According to Section 11, no one is allowed to quote or publicize any price or charge, either verbally or in any other manner.
- Produce or display any cash memos, pricing lists, invoices, or other relevant documents
- Make any necessary adverts, posters, or other papers and publish them
- Indicate or refer to the product’s net quantity before it is packaged
- Demonstrates a connection to any transaction or protection, size or quantity, other than the prescribed unit of numeration, weight, or measure.
According to Section 12, any custom, usage, practice, or procedure that is incompatible with the standards that have been imposed is invalid.
Offences and Penalties
In Chapter V of the Act, the violations and penalties are laid out in detail for the reader’s reference.
- If you manufacture or sell non-standardised weights and measures, you will be subject to the penalties outlined in Section 27 of the Act. For the first offence, you will receive a fine of ₹20,000; for each subsequent crime, you will be sentenced to imprisonment that can last up to three years, or either a fine or both
- If a person engages in any transaction, deal, or contract that violates the standard of weights and measurement, that person will be punished with a fine extending to ₹10,000. For second or subsequent offences, that person will be sentenced to imprisonment for a term that may extend to a year or with a fine or both, as specified in Section 28 of the Act
- Following the provisions of Section 36 (1) of the Act, those who sell or manufacture goods using non-standardised packaging face a fine of up to ₹50,000 and those who commit a second or subsequent offence face a fine of up to ₹100,000, or imprisonment for a term of one year, or both
- The Act penalises anyone who makes a mistake in packaging, importing, or manufacturing any pre-packaged product, according to Section 36 (2) of the Act. The punishment can be a fine of ₹10,000, which can go up to ₹100,000 a year in jail, or both.
- Section 38 of the Act outlines a penalty for an importer of weight or measure failing to register with the government. The offender faces a fine for the first crime that can go as high as ₹25,000. For future offences, the offender faces imprisonment that can go as high as six months or a fine that can go as high as ₹6000 or both.
An Appeal Under the Act
Following the requirements outlined in Section 50 of the Act, one can submit an appeal to the following higher authority within sixty days of the date on which an officer of the legal metrology act issued a decision or order. This deadline applies to all decisions and orders issued by such an officer.
As a result of the preceding discussion, it is possible to conclude that the Legal Metrology Act was passed into law to maintain control over the weights and measures contained in the products and goods and that only the stakeholders have the authority to manufacture, repair, or deal with such products or import them into the market with a valid licence. Additionally, any Act violation is an invitation to commit criminal offences.
Conclusion
Get in touch with Vakilsearch if you want to learn more about this Act’s legality. We provide top-notch legal services without a lot of hassles and at reasonable pricing.
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