Legal Metrology

The Legal Metrology (Package Commodity) Rule 2011 is applicable to all the products that come in the form of pre-packaged commodities. A pre-packaged commodity is defined under Section 2 subsection 1 of the Legal Metrology Act 2009. It clearly defines the pre-packaged commodities means any commodity without the purchaser being present in place in any package or nature whether sealed or not so that the product contained within the package has a predetermined quantity. Purpose of Legal Metrology Act  Mandatory Declaration Under the Indian Legal Metrology System  Your product complies with the legal metrology laws if all the LMPC declarations which are mandatory to comply as mentioned, has to be fulfilled by the manufacturer, importer, dealer of the commodity. All these mandatory declarations have been discussed below: (Read also: Regulatory Control of Measurement Under Legal Metrology) Legal Metrology Registration In view of obtaining the help with regard to the legal metrology registration the ELT legal metrology consultancy will help you out in the most reliable way by assisting you in filling in application for manufacturer and Packer registration from the legal metrology department for your pre-packaged commodities. Every manufacturer, Packer, and importer of the commodity is required to obtain the LMPC registration certificate from the legal metrology department as per the rule 27 of the legal metrology packaged commodities rules 2011. In the event of noncompliance, the penalty of offense under Legal Metrology on the defaulter shall increase up to INR 25000 as per the director and the company shall be levied. Clarification On Verification and Stamping of Weights and Measures  Legal Metrology department of consumer affairs regarding verification stamping of weights and measures used by the intermediary process in the industries during industrial production under the legal metrology 2009 the note was issued by the department on 6th May 2014 which states the following points: On Which Items the Legal Metrology Packaged Commodity Rules 2011 Is Not Applicable?  There are various items on which the legal metrology packaged commodities rules 2011 are not applicable and the list of such items has been given below: Is License Being Compulsory Under Legal Metrology At 2009?  Under section 23 of Legal Metrology Act, 2009 the license for manufacturer repairer dealer of any weights and measures is compulsory under Legal Metrology Act, no person shall make, manufacture, repair, sale any weights or measures unless he obtained a valid license by paying off the prescribed license fee as per the Legal Metrology act. Necessity Of Stamping and Verification Sometimes we have a question in our mind that what are the instances where stamping and verification is not necessary under the legal metrology in 2009. To which it is mandatory for all the people who are dealing in the Indian Legal Metrology system to know that the provision of legal metrology act relates to the verification and stamping of weights and measures shall not apply to any weights and measures under the following circumstances:

The ministry of consumer affairs, food and public distribution vide its notification dated 20th March 2022 has notified the Legal Metrology (Packaged Commodities) Rules, 2022. It came into force on the 1ST of October 2022. However, the new amended rules further amend the legal metrology packaged commodity rules 2011. The ministry of consumer affairs had earlier as well vide notification dated 2nd November 2020 notified Legal Metrology Rules 2021 which were to be brought into the force from 1st April 2022. Key Features of Amended Rules  The key features of amended rules have been explained by us by the way of the chart given below so that every manufacturer, Packer, importer, and the companies will get proper clarification about the amended rules which will help them to comply with the rules and regulations of legal metrology act in order to stop themselves heading towards committing any kind of offense under legal metrology. S. NO RULE NUMBER PREVIOUS RULE AMENDMENTS 1. Rule 4 (1) – That the one or more packages intended for retail sale are grouped together for being sold as a retail package or promotional offer, and every package of the group shall complies with the provision of rule 6. 2. Rule 5 Rule 5 provided for the specific commodities to be packed and sold in recommended standard packages. The mentioned and said rule has been omitted. 3. Rule 6 (1) (d) earlier rule 6 (1) (d) under which the month and year in which the commodity was manufactured or prepared or imported shall be mentioned in the package. As per the new rules the words such as “or pre-packed or imported” have been omitted. 4. Rule 6 (1) (e) This rule deals with the declaration of the retail sale price on the package which earlier the rule stated that the package shall clearly indicate the MRP and price in rupees and the Paisa shall be rounded off to the nearest rupee or 50 Paisa. The declaration of retail sale on the packaging shall be provided in the Indian currency as per the new rule under legal metrology. 5. Rule 6 (11) A new provision was inserted where the legal metrology amendment rule 2021 as per which the unit price needs to be declared on each package along with the MRP in Indian Rs. The New Rules state as follows: The unit sale price in rupees rounded off to the nearest two decimal places. Further, it shall be declared on every pre-packaged commodity in the following manner: Per gram where net quantity is less than one kilogram, and Per kilogram where net quantity is more than one kilogram; Per number or unit if any item is sold by number or unit. Per centimeter where net length is less than one meter, and Meter where net length is more than one meter; Per milliliter where net volume is less than one liter, and Per liter where net volume is more than one liter. However, the package contains alcoholic beverages or spirituous. Further, the state excise law and the rules made thereunder shall be applicable according to each different state in which such product is manufactured. Further, the declaration of the unit sale price is not required for the prepackaged commodity in which the retail sale price is equal to the unit sale price. 6. Rule 33 Power to relax The said rule has been omitted. 7. II schedule Commodities to be packed in a specific quantity The said schedule has been omitted. Legal Metrology General Amendment Rules 2022  Department of consumer affairs, Government of India vide its notification has notified Legal Metrology (General Amendment) Rule, 2022 dated 4th October 2022 according to which the following amendments have to be taken place: “any company may by order in writing authorized any of its director to exercise all such powers and to take all such steps as may be necessary or expedient to prevent the Commission by the company of any offense under this act and may give notice to the director or the concerned controller or any legal metrology officer authorized in this behalf by a such controller (hereinafter in this section referred to as the authorized officer) in such form and in such manner as may be prescribed that it has nominated such director as the person responsible along with the written consent of such director for being so nominated”  (Read also: Importance of Declaration on Packages) “Provided that where a company has different establishment or branch or different unit in any establishment or branch, an officer who has the authority and responsibility for planning, directing the controlling the activities of the establishment or branch or different unit may be nominated under subsection two of section 49 to be in charge of and be responsible for the conduct of business alpha establishment branch or unit thereof.”

Legal Metrology is one of the most frequently misunderstood by the company resulting in heavy fines. All the acts and complaints are very simple. There is a lot of misunderstanding about dictation which needs heavy petting about the current compliance and works under the legal metrology. In this article, we will discuss the director’s nomination under the legal metrology act. Director nomination under Legal Metrology Act From the above-mentioned examples, you know why nominating a director is important. Appointment Procedure of Director Here we are going to discuss the requirements of the appointment procedure for the director and how to cancel the appointment of the director. There are legal metrology laws on marketplace E-Commerce Entities. The requirement and Procedure to appoint the director is given below: Legal Metrology for Accuracy in Weights & Measures Legal Metrology refers to signs of measurement. Legal Metrology is a branch of Metrology that deals in the followings: Facts about Legal Metrology Legal Metrology Rules by Government However, to ensure uniform enforcement of laws relating to legal metrology in the country, the government has enacted the following rules In India, we have around 7-8 rules that follow the Legal Metrology Act, 2009 which plays an important role in the Indian legal metrology system.

Every person who submits any model of weights or measures or weighing or measuring instrument for approval shall deposit the credit to the Recognized Laboratory with a prescribed fee as per the rule 19 of the act. While submitting the documents referred under the act shall be sent by the director to the recognized laboratory, which carries out the test for the approval of the model to enable the laboratory to ascertain whether search documents conform to the details of the results of the test carried out for the approval of that model. Offence of weights and measures is punishable under IPC. Testing of Weights & Measures in Recognized Laboratory Central Government and Recognized Laboratories for Weights & Measures The central government and the recognized laboratory shall not be responsible for any loss or damage that the model may sustain during examination and testing. Forfeiture of Model by the Central Government Where any model submitted to the recognized laboratory for approval is not removed by the applicant within six months from the date on which a certificate of approval was granted, or if used concerning such model, such model shall be forfeited by the central government and the government shall dispose of the model in such a manner as it may deem fit. The Central Government can also stop the Import and Export of weights and measures in case of offence committed. Approver of Model by the Director of Laboratory The director may if he is satisfied that the test for the approval of any model is likely to take more than three months and on receipt of satisfactory preliminary test report from the laboratory issue subject to such condition as a manufacturer to manufacture at his own risk, the weight or measures concerning which the model has been submitted for approval. (Read also: Legal Metrology: Delegation Power of Government) Withdrawal of the Model Approval Certificate The manufacture, distribution, or sale of the instruments shall be discontinued immediately when the professional model approval certificate has been withdrawn by the director. Further that in case the tested model does not meet the requirement of the model approval test, in such a situation all the instruments covered by the provisional certificate and sold in the market shall be withdrawn with immediate effect at the manufacturer’s cost. Test for the Approval of the Model The test needed for the assessment of the fitness or otherwise for a model submitted for approval shall be carried out under the normal conditions for use whether actual or estimated or the weights or measures shall be made with a view to the following: Contents of Certificate of Approval under Legal Metrology The certificate of approval shall also contain the following contents or information given below: Testing Fee for a Model of Weights or Measures The fees for testing of a model of weights or measures to be deposited in a manner that the applicant shall while making an application under the act should deposit fees in the form of a demand draft drawn in favour of the laboratory, or through online payment towards testing charges of the laboratory in the following manner given below:

As we all are aware that legal metrology has a wider scope and it has various departments in all the states. However the head office of the legal metrology department is located in Delhi but every state has its own rules and regulations in various aspects of Legal Metrology. The rules regarding the LMPC license fee, LMPC registration charges, etc. depend on the state which differs from state to state. Also the central government has graded penalties under legal metrology and there are certain powers given to the central government of India and state governments of all the states to make the rules under Legal Metrology. In this article, we are going to discuss the powers of the Central Government to make the rules under legal metrology and its uses. Power of Central Government to Make Rules under Legal Metrology Appointment of Director Legal Metrology Duty of Legal Metrology Department Verification by Government Approved Test Center The kinds of weights or measures the central government may prescribe and the kinds of weights and measures for which the verification is to be done through the Government Approved Test Centers under Legal Metrology. The terms and conditions on which the fee on payment which the central government shall notify the government approved test center or the state government as the case may be in such a manner on such terms and conditions and payment of such fee as may be prescribed. The qualification and experience of a person appointed or engaged and the fee and terms and conditions on which Government Approved Test Center shall verify the weights of measures having such qualification and experience and collect such a fee on terms and conditions for verification of weights and measures to be done through the government approved test center as prescribed. Fine in the Error of Net Quantity Liability of a Director of a Company Form and manner in which notice from the legal metrology department to the director or the controller or any other officer authorised by him shall be given to any company by the order in writing. Company may authorised any of its directors for the following purpose:

As many offences under legal metrology are committed by the companies against the interest of the consumer and by not doing the compliance of the rules and regulations of the act. In this article, we are going to study the offences which are committed by the company and what is the punishment for those offences, along with the power of a court of law to take the action against the offender. Offences by the companies and the power of the courtPower of court for the conviction of a company to publish the followings Name of business,Place of business, etc.The offences & penalty under legal metrology, offences committed by company and any offence under the legal metrology act has been committed by the company under the following situations take place. Liability of a Nominated PersonThe person, if any, who has been nominated under the act to be in charge of and responsible to the companies for the conduct of the business of the company hereinafter in the act referred to as a person responsible. Offence by Person in ChargeIn a case where no person has been nominated, in such a situation every person who at the time of the offence was committed was in charge. The person in charge is responsible for the conduct of the business of the company under the act. Offence Committed by a CompanyThe person in charge has all the power to exercise all due diligence to prevent the commission of such an offence. Notice to e-commerce firms by the legal metrology department has been served on the commencement of the offence. The company shall be deemed to be guilty of the offence and shall be liable to be preceded against and punished accordingly. However, nothing contained in the act shall render any person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge. You can check out the penalty under legal metrology for more information. Notice by Legal Metrology OfficerA company can authorise the director in writing to exercise all such powers and take all the steps as may be necessary or expedient to prevent the Commission by the company of any offence under the act. May give notice to the followings:Director, orThe concerned controller, orAny other legal metrology officer authorised in this behalf by such controller,Referred to as authorised officer in such a form and such a manner as may be prescribed that it has nominated such director as a person responsible, along with the written consent of such director nominated.Liability of a Company with Different BranchesWhere a company has the followings: Different establishments, orDifferent branches, orDifferent units in any establishment, orBranch different persons may be nominatedUnder the act concerning different establishments or branches of all units and the person nominated concerning the followings: Any establishment,Branch, orThe person responsible in respect of such an establishment branch or unit. Offence Committed Due to Negligence The person nominated under the act shall until further notice cancelling such nomination is received from the company by the followings: Whose request shall be complied with by the director or the concerned controller or the legal metrology officer, whichever is the earliest, continue to be the person responsible. However, where the above mentioned person/authority ceases to be a director of a company, such person shall intimate the fact of such cessation to the director or the concerned controller or the authorised officer. However, if such person requests the director or other consent controller or authorised officer shall not cancel such information with effect from a date earlier than the date on which the request is made. Notwithstanding anything contained in the foregoing points, where an offence under the act has been committed by a company and it is provided that the offence has been committed with the consent or convenience of or at attributable to the neglect on the part of the followings: not being a person nominated under the act, such director, manager, secretary or another officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In Case of the Conviction of a Company Proceeding of Appeal under Legal Metrology Transactions of a Company Means Under Legal Metrology Transaction of a company means any contract in case the following: Weights or Measures means weighing or measuring specified by or under the act and includes the weighing or measuring instrument. Weights and measures offences and punishment under IPC. For any kind of transaction in the Indian legal metrology system, every manufacturer, Packer, and importer of the commodity needs to comply with all the rules and regulations of the act and the guidelines provided by the central government and the state government as prescribed under the act.

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 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 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 Penalty for Alteration of Weights and Measures Any offender who can be the manufacturer, importer, packer of the commodity temper or alter the followings: 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: Penalty for Contravention by Government Approved Test Center Penalty for transaction in contravention of standard weights or measures

As we all are very well aware that various workshops have been conducted by the Legal Metrology department and by the union minister in which the ministers of all the states were respectfully invited to participate in the discussion of decriminalisation of legal metrology act. Several states have been actively participating in the discussion and also many states have been actively participating to be indeed part of the discussion of the Legal Metrology act to decriminalise the same. There are both pros and cons of every decision and every amendment takes place but the proposed amendments speed turned or made by considering the interest of the business and also by not ignoring the interests of the consumer. In this article, we are going to talk about all the provisions of legal metrology after which the amendment has been proposed along with their current punishment. Also here we are going to discuss the rationale for decriminalisation. Provision and Proposed Amendments for Penalties There are numerous proposed amendments for decriminalising the LMA provisions. You all can easily understand about the current punishment for the violation of the Provisions of the Act and about the proposed amendments in the punishment for the violation of the Act and the Rules with the help of the chart given below: S. no. Provision  Current Punishment  Proposed Amendments1. Section 33 Penalty under Legal Metrology for use and  sale of unverified weights or measures For the second or subsequent offense: Imprisonment up to one year and with fine Penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant 2. Section 34 Penalty for sale or delivery of commodities etc. by non-standard weights and measures. For the second or subsequent offense: Imprisonment from three months to one year, or fine, or both. Penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant. 3. Section 35 Offences and Penalty under legal metrology for rendering services by non-standard weights or measures or numbers For second or subsequent offense: Imprisonment from three months to one year, or Fine, or Both. penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant. 4. section 36 (1) penalty for selling of non-standard packages declarations for the second offense: fine up to rupees 50,000. For subsequent offense fine from rupees 50,000 to rupees one Lac or with imprisonment up to one year or both Penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant. 5. Section 36 (2) Penalty fot selling non-standard packages quantity For the second or subsequent offense Find up to rupees one Lac, or with imprisonment up to one year, or both Penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 6. Section 37 (1) Penalty for contravention of act or rules or conditions of licence by GATC Fine up to rupees one Lac Penalty up to rupees two lacs. If compounding of offence is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 7. Section 37 (2) Penalty for verification of any weight or measures in contravention of act or rules by GATC Imprisonment up to one year, or Fine up to 10,000 or both Penalty up to rupees two lacs. If compounding of offence is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 8. Section 38 Penalty for non-registration by importer of weights and measures For second or subsequent offence: By imprisonment of up to six months, or With fine, or Both Penalty up to rupees two Lac. If compounding of offence is not done after this stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 9. Section 39 Penalty for import of non-standard weights and measures. For a second or subsequent offence Imprisonment up to one year and Fine Penalty up to rupees two lacs. If compounding of offence is not done after this stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 10. Section 41 (1) Penalty for giving false information For a second or subsequent offence: Imprisonment up to six months and also with fine Penalty up to rupees two lacs. If compounding of offence is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 11. Section 42 Vexatious search Imprisonment for up to one year or with fine up to rupees 10,000 or Both Penalty up to rupees two Lac12. Section 43 Penalty for verification in contravention of acts and rules. Imprisonment for up to one year

In the fields of science, commerce, and industry, the regulation of weights and measures plays an important role. Two establish uniform national standards it is necessary to understand specifications of standards. It majorly protects the public and traders from loss of custom to dishonesty. The standard of weight and measure prescribes the specification of measuring instruments. Such instruments are used in industrial production, commercial transactions, etc. Legal Metrology National Standards plays an important role in the standards of weight and measures. The specifications of the standard of weight and measure under legal metrology are given in the standards of weight and measures general rules 1987. Standards of weight and measure are explained in the table below UNIT Abbreviation Length Meter (m), centimeter (cm), millimeter (mm) temperature degree Celsius of Degree Kelvin Area square meters (m2) Capacity Kilo liter (kl), liter (L), Mili liter (ML) Volume cubic meter (m3), cubic centimeter (cm3) cubic millimeter (mm3) Mass Kilogram (kg), Gram (g), milligram (mg) Rules and Regulations for Standards of Weight & Measure There are various rules and regulations specified in the legal metrology act which are to be followed while dealing with the weight and measure. A detailed legal term of standards includes the capacity, quantity, dimensions, or volume of anything. Issues covered under rules and regulations for standards of weight and measure are given below: Central Government on Secondary Standard Specification of Standard of Equipment There are various kinds of specifications of standard pieces of the equipment described in the act of legal metrology general rules 2011 are given below: Secondary Standard of Balances Reference Standard Balances Power to Specify the Standard of Equipment With the notification, the central government may specify the standard equipment as it may think fit and necessary to carry out the provision of the act. Standard equipment shall confirm the metrological qualities, as the central government may specify in the notification or subsequent notification. Specification of Standard of Weight and Measures There are four types of standards under the specifications of standards of weight and measure: Reference Standards The basic evolution for the process and product performance is served by the reference standards. It is widely acknowledged to have the appropriate qualities within a specified context. Reference standards are meant to be the measurement of weight, quality, quantity, Or extent for example: What are the Uses of Reference Standards? However, the valid result in the purity and the quality of the reference standards is difficult to achieve scientifically. The reference standards are used to determine the following: What is the Reference Standard Solution? The method which can be used to get the concentration of the standard solution is the titration method. However, the standard solution is a guide and away to discover the morality of not known species Which also involves the equipment such as a burette. Primary Standards Primary standards are designed to protect public health, it specifies the maximum fundament level for many radiological microbiological, and chemical parameters of quality. The basic scientific and engineering judgment are reflected by the primary standards and these judgments are taken into account exposure from other sources in the environment and food. Secondary Standard Uses of Secondary Standards in Water Supply System Secondary standards suggested a maximum level of taste, hardness, color, odor, corrosiveness, and other factors in water resources. Natural water is potentially used by humans and the same occurs anywhere on earth by the way of vapor solid or liquid. The resources of natural water are rivers oceans and lakes including groundwater, glaciers and deep surface water Secondary standards suggest the Taste, hardness, color, odor, of the water. Working Standards Every working standard shall confirm. Working standard meter

In recent days, the Decriminalization of Legal Metrology has been at the top of the news. The topic became so hot that every person who was not even aware of the legal metrology act got to know about the concept and motive of the legal metrology act. The reason behind the proposal given with regards to the Decriminalization of the said act is: The fact that many offences which are technical in nature could be shifted to civil liability from criminal liability was the main reason for the proposal given for the Decriminalization of the legal metrology act. In this article, we are going to discuss a few major points of the proposal that has been made for decriminalising the Legal Metrology Act. By the way, under this article, we will try to make the concept of Decriminalization of legal metrology much clearer and crystal so that every business, e-commerce website under legal metrology, small or large vendor, manufacturer, packer, importer, and dealer of the commodity will get to know every single detail about the Decriminalization of the legal metrology act. Why is there a need to decriminalise the Legal Metrology Act? Appeal Under Legal Metrology Compounding of Legal Metrology offences State Government to impose fine under Legal Metrology Suggestions Received by the Legal Metrology Department