It is a managerial division under the Department of Consumer Affairs. It means the application of procedure, requirements, regulations, and rules on the measurement and the calculating devices.
A legal metrology is the part of metrology that deals with units of weighing and measuring, methods of weighing and measuring, as well as weighing and measuring instruments, as well as the mandatory technical and legal requirements for ensuring public security and accuracy in weighments and measurements.
Since measurements are part of our routines, we often take them lightly. Due to their overfamiliarity, they often go unnoticed. We check our driving speed to drive safety and decrease the possibility of traffic accidents. We pay for gas, electricity, and water based on meters, which are nothing but measurements. We use watches and clocks to keep us on time and even satellite tracking to the precisely desired places.
Usually, minor mistakes in both directions balance up huge amounts of measurements. However, prejudiced mistakes can result in significant financial bias. Imprecise oil measures, for instance, can have serious economic implications for each of the numerous undertakings from oil wells to end-users.
Laws on these measurements and calculating devices are needed in situations like these. They are also crucial to safeguard both consumers and suppliers in the business. Every country offers safeguards like that by incorporating metrology into its law.
Constitutional Provisions Pertaining
It is managed in Entry 50 of the Union list as it construes “to frame set of Rules, Specification of standards and International Relations, training in Legal Metrology, etc.” It is also dealt with under Entry 33A of the Concurrent list that discusses the administration and implementation.
What is the Legal Metrology deed of 2009?
The LM deed that sets up and imposes standards for weights and measures. It even balances the transactions of measuring and calculating devices and also the trades of the goods that one sells by measuring and weighing.
Outline and enforcement
It came into effect on 1st March 2011 with the President’s assent on 13th January 2010.
Important definitions under the LM deed, 2009
- Dealer: One who buys, sells, supplies, or distributes measures or weights or measuring and weighing devices, directly or indirectly, for the motive of money or any other type of payment.
- Manufacturer: One who makes, captures, or gathers weights and measures. He might also manufacture any particular part of the weights and measures. He is the one who asserts the final result of weights and measures under his name.
- Pre-packaged commodity: Prepackaged commodity refers to a product put in a package. Whether it is sealed or not, it is placed in the absence of the buyer so that it has a pre-decided amount.
- Weights and Measures: This includes computing and weighing too.
Director, Controller, and other Metrology Officers
- As per Law, the Government of India for inter-state trade and commerce has to appoint every Director, Assistant director, deputy director, Additional Director, and Joint Director. Even the selection of any other employee of Metrology for discharging duties and exercising power awarded to or commanded by them.
- As per the deed, 2009, under Section 21 of the Indian Penal Code,1860, the Controller and Director will be considered Public Servants.
- No deed intended to be done under this by any metrology officer, Controller or Director will have legal action. Even if it is actually done in good faith, it won’t have any legal action.
- Any Controller, Deputy Controller, Joint Controller, Additional Controller, Assistant Controller, and any other employee of Legal Metrology for the state for exercising the powers under this deed has to be chosen by the State Government for intra-state trade and commerce. Any employee or Controllers for discharging the duties conferred by and imposed on them must be appointed by the same.
- As per section 23, the Controller is responsible for issuing the license. Without that license, one can sell, make, repair, expose, supply or have any measures or weights.
Verification and stamping of weights and measures
The kinds of weights and measures for which verification has to be undergone via the Government-approved Test Centre may be prescribed by the Central Government.
Offenses and Penalties
A few of the penalties and offences mentioned in the violation or breach of the laws are given below:
- If someone uses non-standard weight and measure, they will be penalised up to ₹25,000/-
If they do that for the second time, that will lead to jail of around six months along with the fine.
- If someone alters the weight and measure, they will be fined ₹25,000/-
If they repeat the same offence, that will lead to jail of around six months. It could also be lengthened to 1 year with or without a fine.
- If someone is caught manufacturing or selling a non-standard weight and measure, they shall be fined ₹25,000/-
If they repeat the same offence, that will lead to jail of around three years with or without the fine.
- If someone is caught tampering with the license, they will either be penalised with a fine of up to ₹25,000 or jailed for up to 1 year or both.
Conclusion
The law-making body that deals with Law is the Legal Metrology deed, 2009. The law gives instructions for authorisation on measurement, weighing and calculating devices. It safeguards buyers and provides safety to the citizens, sellers, and the environment. It is even extremely precise when it comes to fair trade in India. It depends on giving credibility to the calculating devices and measurements. Its aims to provide assurance to and between buyers, traders, business people and the Government. It commands and keeps an eye on unjust trade practices. For more legal advice and information, visit the website of Vakilsearch.
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