What Is the Applicability of Legal Metrology Act?

6 October 2023

632 5 mins read

The Legal Metrology Act, 2009 in India is to govern weights and measures, the applicability of guaranteeing precision in transactions, and safeguarding rights.

Table of Contents

The Legal Metrology Act, 2009 – An Overview

The Legal Metrology Act, 2009, is an important Act in India that governs weights and measures and their regulation in trade and commerce. It was enacted with the primary objective of establishing uniform standards for weights and measures, ensuring accuracy in transactions, and regulating the sale and distribution of goods by weight, measure, or number. Key Points about the Legal Metrology Act, 2009 are as follows:

Enactment Date: The Legal Metrology Act, 2009 came into effect on 1 April 2011, replacing the previous Standards of Weights and Measures Act, 1976, and the Standards of Weights and Measures (Enforcement) Act, 1985.

Act’s Objective: The primary objective of the Legal Metrology Act, 2009 is to ensure that measurement and weighing systems used in commercial transactions are accurate and compliant with international standards. This serves to protect consumers and promote equitable trade practices.

Scope: The Act not only covers standard units of measurement but also regulates various aspects related to the use of measuring instruments, pre-packaged goods, labeling, and marking requirements, among others.

Enforcement: The Act provides for the establishment of the Legal Metrology Department at the state and central levels to enforce its provisions. These departments are responsible for verifying and certifying measuring instruments, conducting inspections, and taking legal actions against violations.

Penalties: The Act prescribes penalties for violations, which may include fines, imprisonment, or both, depending on the nature and severity of the offence.

What Is the Applicability of Legal Metrology Act, 2009?

The Legal Metrology Act, 2009 mandates adherence to the metric system for all units of weight or measure, aligning with international standards. It enforces the use of specified standard units for measurements in transactions, dealings, and contracts involving goods or services, ensuring uniformity and precision in weight, measure, or quantity across various sectors of commerce and trade. Any custom or practice that results in receiving more or less quantity than specified in the contract is void.

Prohibition of Non-Standard Quotations:

- Quote prices or charges
- Issue price lists, invoices, or documents
- Prepare or publish advertisements or posters
- Indicate net quantity of pre-packaged goods
- Express quantities in any way other than the standard units.

Declarations on the Pre-packaged Commodities

Standard Packaging Requirements

No pre-packaged product may be produced, packed, sold, imported, distributed, delivered, offered, exposed, or held for sale unless it complies with the standards for quantities, declarations, and particulars as set forth.

Required Declarations on Packages

Manufacturer’s Name and Address: Packaging should show who made the product and where
Packer’s Info (if different): If someone other than the manufacturer packed the product, their name and address should also be on the packaging
Importer’s Info (for Imported Items): For goods from other countries, the packaging should include the importer’s name and address
Product Name: Clearly state what the product is. If there are multiple products in one package, list each one and how much of each
Quantity: Show how much of the product is inside, using standard units like weight or measure
Dates: Mention when the product was made, packed, or imported. This helps customers know if it’s fresh
Price: Display the selling price, so customers know how much it costs
Contact Details: Include a phone number, email, and postal address for complaints or questions. This makes it easy for customers to reach out
For packages containing food items, the provisions of the Prevention of Food Adulteration Act 1954 and related rules apply in addition to the requirements of Legal Metrology Act of 2009
Declarations on the package must be in Hindi in Devnagri script or in English. Other regional languages are also allowed in addition to Hindi and English
No one, including retailers, manufacturers, packers, importers, and wholesale dealers, can sell a commodity in a package at a price exceeding the specified retail sale price
Manufacturers or packers must inform stakeholders about revised prices when the tax payable on any pre-packed commodity is revised.

Exceptions to Pre-packaged Commodities Regulations

Exempted Packages

Packages containing more than 25 litres or 25 kilograms, except for cement and fertilisers sold in bags up to 50 kilograms
Packages intended for institutional and industrial use
Packages with a net weight or measure less than 10 grams or 10 millilitres, although they must still declare the Maximum Retail Price (M.R.P.)
Packages containing fast food items prepared by restaurants, hotels, and similar establishments
Packages containing scheduled and non-scheduled formulations under the Drugs (Price Control) Order, 1995, governed by the Essential Commodities Act, 1955
Agricultural farm produce packaged in quantities exceeding 50 kilograms.

Licensing Requirements Under the Act

Section 19 of the Act Importer Registration

As per Section 19 of the Legal Metrology Act, 2009 any individual or entity engaged in the import of weights and measures is obliged to undergo registration as an Importer with the Director of Legal Metrology.

Non-Standard Imports

Importing non-standard weights or measures marked in non-standard units in India requires prior approval from the Central Government in addition to registration as an Importer

Model Approval: Prior to the production or importation of any weight or measuring instrument, it is mandatory to secure model approval from the Central Government. This authority may be delegated to the Director of Legal Metrology.

License Requirement: No individual can engage in the manufacturing, repair, sale, or possession of weights and measures intended for repair or sale without obtaining a licence issued by the Controller of Legal Metrology.

Registration for Pre-Packaged Commodities: Entities such as individuals, firms, Hindu undivided families, societies, companies, or corporations that engage in pre-packing or importing commodities for sale, distribution, or delivery must apply for registration as Importers or Manufacturers and Packers of Pre-packaged commodities. A nominal fee is applicable for this registration process.

Key Penalties Levied Under the Act For Offences

Use of Non-standard Weight or Measure

- - Penalty: Up to ₹25,000
  - Imprisonment: Up to 6 months (for repeated offences)

Manufacture or Sale of Non-standard Weight or Measure

- - Penalty: Up to ₹25,000
  - Imprisonment: Up to 3 years (for repeated offences)

Failure to Obtain Model Approval

- - Penalty: Up to ₹25,000
  - Imprisonment: Up to 1 year (for repeated offences) or both

Selling Non-standard Packages

- - Penalty: Up to ₹50,000 (extendable to ₹1 lakh)
  - Imprisonment: Up to 1 year (for repeated offences) or both

Non-registration by Importer of Weight or Measure

- - Penalty: Up to ₹25,000
  - Imprisonment: Up to 6 months (for repeated offences) or both

Manufacture of Weight and Measure Without a Licence

- Penalty: Up to ₹25,000
- Imprisonment: Up to 1 year (for repeated offences) or both.

Documentation Required for Obtaining Registration as an Importer of Weights and Measures Under Section 19

Registrar’s certification of the company
Evidence showing the company location
packaging material, slips, stickers, and labels applied to the packages
Code for import-export
Request letter and board resolution printed on business letterhead
Specifics of the imported weight or measure
A copy of the manufacturing products’ literature.

Documentation for Obtaining Registration as an Importer, Manufacturer or Packer of Pre-packaged Commodities

Registration proof of the business
Address proof of the business
Packing material, slip, sticker, label,
Import-Export code
List of products imported, manufactured, or packed.

Conclusion

The Legal Metrology Rules contain crucial provisions aimed at guaranteeing adherence to the standards outlined in the Legal Metrology Act of 2009. These rules safeguard consumers from fraudulent practices and promote fairness in trade among business traders, retailers, manufacturers, packagers, and consumers. At Vakilsearch, we understand the importance of legal compliance and the complexities that businesses face in navigating the regulatory landscape. We offer a range of legal and compliance services tailored to assist businesses in meeting their obligations under the Legal Metrology Act of 2009 and other relevant laws.

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