As we all are aware that the officers of Legal Metrology are watch guards to the compliances of the Legal Metrology Act & Rules which shall be complied with by the manufacturers, packers, sellers, and importers of the commodity. There are several things that fall under the legal metrology act and the Legal Metrology Department plays an important and vital role in the Indian Legal Metrology System. In this article, we are going to discuss the procedure for the appointment of legal metrology officers in India.
Appointment of Director under Legal Metrology
As per the legal metrology laws in India the appointment of a director Legal Metrology officer and other employees can be done in the following manner:
The central government may by notification appoint the following
- A director of Legal Metrology,
- Additional director
- Joint director
- Deputy director
- Assistant director and other employees for exercising the power in discharging their duties conferred or imposed on them by or under the Act in relation to Interstate trade and commerce. Also, several E-notices have been served to e-commerce firms by legal metrology.
The qualification of director and Legal Metrology officer appointed under the act shall be such as may be prescribed. The director and every legal metrology officer appointed under the Act shall exercise such powers in discharging such functions in respect of local limits as the central government may by notification is specified.
Every Legal Metrology officer appointed shall exercise the power and discharge duties under the general superintendence, and direction in control of the director.
The director, controller and every other legal metrology officer authorized to perform any duty under the act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
No suit, prosecution, or other legal proceedings shall lie against the director, the controller, and legal metrology officer authorized to perform any duty by or under the act in respect to anything which is in good faith done or intended to be done under the legal metrology act or any rule or order made thereunder.
Appointment of Comptroller under legal metrology
- The state government may appoint the followings:
- Controller of Legal Metrology
- Additional Controller,
- Joint Controller,
- Deputy Comptroller,
- 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 the Legal Metrology Act in relation to Interstate trade and commerce.
- The qualification of the controller and legal metrology officer appointed under the act shall be such as may be prescribed.
- The Comptroller and every other legal metrology officer appointed under the act shall exercise such powers and discharge such functions in respect of such local limits as a state government may by notification specify.
- Every legal metrology officer appointed under the act shall exercise and discharge the duties under the directions and control of the followings:
- General Superintendence, and
Penalties under Legal Metrology
Every offender who commits the offense under the legal metrology act or whether the offense is discovered during the time of inspection by the legal metrology officer shall be punished with imprisonment or the fines as prescribed under the act. Central government for graded penalty under legal metrology and there are different penalties and the imprisonment time period has been given below for a better understanding, so that every manufacturer, packer, importer, and dealer of the commodity can make sure that they will not commit an offense to keep themselves away from the legal issues.
Penalty for use of non-standard weights or measures
Whoever uses or keeps for any weights or measures or makes use of numeration is otherwise than in accordance with the standards of weights or measures or standard of numeration as the case may be specified by or under the legal metrology act shall be punished
- With fine which may extend to ₹25,000, and
- For the second or subsequent offense shall be punished with imprisonment for a term which may extend to six months, and
- Also, with fines and imprisonment.
Penalty for Alteration of Weights and Measures
Any offender who can be the manufacturer, importer, packer of the commodity temper or alter the followings:
- Reference standard,
- Secondary standard, or
- Working standard, or
- Increase or decrease or
- Alter any weights or measures
- with a view to deceive any person or customer knowingly or having reason to believe that any person is likely to be deceived thereby, except basic alteration is made for the correction of any error notice there in on verification,
- Shall be punished with a fine which may extend to rupees 50,000, and
- For the subsequent in second offense shall be punished with the imprisonment for a term which shall not be less than six months but which may extend to one year, or
- With both.
Penalty for manufacturer/ seller of non-standard weights & measures
Penalty for manufacture or seller of non-standard weights and measures if the offense committed by any person who manufactures or causes to be manufactured or sold or offers, or possesses for sale, any weights or measures in the following case:
- Which does not confirm the standard of weights or measures specified by or under the act
- In the case where there is any inscription of weights, measures, or number which does not conform to the standard of weights, measures of numeration is specified by or under the legal metrology act except where he is permitted to do so under the act shall be punished by the following:
- With a fine which may extend to ₹20,000 and
- For the second or subsequent offense with imprisonment for a term which may extend to three years or
- With fines and imprisonment.
Penalty for Contravention by Government Approved Test Center
- Where any government-approved test center contravenes any of the provisions of the act and the rules made there. All the conditions of the licensed commercial are punished with a fine which may extend to rupees one Lac.
- Where any power of employee of a government-approved test center performing duties in accordance with the provision of legal metrology act or the rules made thereunder willfully verify any weights or measures in contravention of the provision of legal metrology act shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to ₹10,000 or with both.
Penalty for transaction in contravention of standard weights or measures
- In selling any of the following articles or things
- By weight or measures or numbers delivers or
- causes to be delivered to any purchaser any quantity or number of that article or thing less than the quantity or number contracted.
- In buying any article or thing by weights measures or numbers by the way of followings:
- Fraudulently receives,
- Cause to be received any quantity or number of that article,
- Things in excess of quantity,
- Number contracted for paid
- Engendering any service by weights, measures, or number of vendors that service less than the service contract for or paid for,
- In obtaining any service by weights measures, numbers obtained, or both.
- Any transaction which is in contravention of standard weights or measures is punishable with fines up to 10,000 and in case of a second or subsequent offense with imprisonment up to one year, or with a fine or both.