Legal Metrology

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

Public grievances and their redressal methods and time limits for different types of work relating to traders or consumers under Legal Metrology have been explained in the table given below: Sr.   no. Item of work Time limit Concerned Department  1. Issue of registration, Certificate, renewal of user of weights and measures, and certificate Within seven days of submitting applications or on the due date whichever is later Jurisdictional Assistant Comptroller/ Inspector Legal Metrology  2. Renewal of licence or packer, dealer and manufacturer Within 30 days of submission of the application Comptroller of Legal Metrology  3. Verification or re-verification and stamping of weights and measures etc Next day of production of weights or measures for weighing and measuring instruments, three days of its production Jurisdictional Assistant Comptroller/ Inspector of Legal Metrology  4. Issue of registration certificate of the manufacturer, Packer of pre packaged commodities Within 30 days of application Assistant controller, Central Laboratory/ packaged commodities of Legal Metrology.  5. Issue of fresh licence for Repairer, manufacturer, and dealer of the commodity Within 30 days of submissions of applications Comptroller of Legal Metrology  6. Test of net contents checking at Manufacturer, Packers premises in case of errors beyond maximum permissible error Immediately after completion of the first Test if prescribed fee is paid Jurisdictional assistant controller/ inspector legal metrology  7. Changes to be incorporated in registration of manufacturer/ Packerof pre packaged commodities Within 15 days of submissions of application Comptroller of Legal Metrology  8. Action on complaint for violation of provision of weights and measures laws Within 20 days of filing the complaint Comptroller Legal Metrology through respective jurisdictional assistant controller/ inspector  9. Alteration/ changes to be made in the licences of repairer, manufacturer, and dealer of weights and measures Within 15 days of submissions of applications Comptroller of Legal Metrology  10. Registration of shorter address of manufacturer or Packer of commodity in package forms Within 30 days of applications Comptroller Legal Metrology  11. Issue of duplicate licence copy to repair manufacturer and dealer of weights and measures Within 15 days of application Comptroller of Legal Metrology Violations that affect the Consumer Interest under Legal Metrology Any person who can be a manufacturer, repairer, dealer, or packer of the commodity who does not comply with the rules and regulations of legal metrology is heading towards violation of the law in force. Various violations can be done or committed by a person if he does the followings: What should not be done to violate the Legal Metrology Rules? Appeal of the citizens or consumers

In this article we will discuss the role of legal metrology, particularly in the food industry. There are various functions of the legal metrology department. Let’s discuss in brief what legal metrology is. Legal Metrology is the bone of legal requirements to measurements and measuring instruments. Measurements play an important role in our daily lives, and sometimes consumers don’t even notice them. For example, There are a few guidelines given by the department of consumer affairs that deal with measuring and measuring instruments. The Legal Metrology Act of 2009 applies to all food products, and its purpose is to ensure consistency and accuracy in weights and measures across all products. So, we will discuss all about the legal metrology in the food industry. Also, there are different Role of Legal Metrology in Food Metrology in the Food Industry. What is the relation between Legal Metrology, Consumer & Food Industry? Food Industry & Legal Metrology Rules enacted by government Now, in order to ensure uniform enforcement of laws relating to legal metrology, the government has enacted the following rules: So we had around the above mentioned rules that followed the legal metrology act of 2009, which really with these rules have made this act operational. Essentials of Legal Metrology in the Food Industry Legal Metrology has a wider scope than the people generally know about it. Now let’s dive deep into the essentials of legal metrology in the food industry. Retail Sale Price in Food Industry Declarations on Wholesale Packages LMPC Declarations are mandatory on a wholesale package. Wholesale is a package that contains the following details: What is the Role of Principal Display Panel in LMPC Amendment of Constitution in law of weights and measures Central amends legal metrology packaged commodity rules, 2011 and The 42nd amendment of the constitution that dealt with the implementation of the law relating to weights and measures in the following terms: Legal Metrology Institute and Centres We have the Indian Institute for Legal Metrology officers that essentially embark on capacity building in the area of legal metrology. There are a large number of test centres in the country that are approved by the legal metrology department. It is important to note that all the products are tested in the legal metrology centres and brought to the market

The Legal Metrology department has become more attentive to prosecute the violators of Legal Metrology laws by National Consumer Disputes Redressal Commission on February 1st, 2016.The division petition was filed in the court which was titled as Big cinema versus Manoj Kumar, the Legal Metrology department has been firing on all these cylinders and booking a wide variety of establishments under the act and rules the active action was taken by the Legal Metrology department have left all the people in surprise as they have exhibited by their inspection and notices and a wide variety of objects shall be governed under the legal metrology act. The Consumer awareness programme by the Legal Metrology department has been conducted on a regular basis.In this article, we are going to discuss a brief list of the objects and establishments that would fall under the ambit of the legal metrology Act. Here we are going to discuss the five major things which most people did not know would fall under the Legal Metrology Act. Stents and Other Medical Types of Equipment Petrol Pumps Under Legal Metrology Digital or Electronic Meters Installed in Auto Rickshaws and cabs under the Legal Metrology Hotels, Restaurants, and Cinema Halls Under Legal Metrology It is very much important for all the citizens of the country to know that the cinema halls, restaurants, and hotels fall under the ambit of legal metrology and anything wrong that takes place with the customer will be dealt with by the legal metrology department and its officers to protect the interests of the consumer the legal metrology department has started taking the strict action against hotels, cinema halls and restaurants for overcharging of sale of packaged commodities. Functions of the Legal Metrology department plays an important role in the factors discussed in this article.The dispute of hotels is still pending adjudication before the Supreme Court of India as the legal metrology department of Gujarat, Rajasthan, and Jammu and Kashmir have also started conducting surprise inspections by legal metrology officer in all the above-mentioned establishments and started booking them for any violation under the legal metrology rules and acts. LPG Cylinders Under Legal Metrology The Legal Metrology department Kerala conducted inspections on various codes of dealers who were in the business of selling LPG cylinders and out of them 21 were found guilty where there was a clear violation of the legal metrology act and rules.The inspection conducted by the legal metrology department was part of a drive that the department began to increase awareness among the customers and the citizens of the country of the packaged commodity rules which state that the LPG cylinder must weigh in front of the customers before the deliveries are completed.A similar kind of action has also taken place in Jammu and Kashmir where one LPG dealer was charged with not carrying a weighing scale as mandated under the legal metrology laws.  Inspection of Cylindrical knob type weights under legal metrology.The legal Metrology department also takes the initiative to spread awareness among the customers or consumers whether they are buying petrol from petrol pumps or LPG from any dealer or whether they are going to any restaurants, hotel, or cinema.Also, the awareness in the consumer is necessary when most of the people are travelling in cabs or auto rickshaws on daily basis they should be very much aware of the meter and its running and its price whether it is correct or not in case of any such  fraud or case of any doubt they should immediately contact the Legal Metrology department and it’s an officer and make the complaint about the same so that the proper inquiry and inspection against the violator or offender can be taken place by the department for the betterment of the society.

Legal Metrology Act, 2009 in India deals with the units and methods of weights and measurement concerning the mandatory technical and legal compliance to ensure public guarantee from the angle of security and accuracy of weightmeant and measurement. Several disputes under legal metrology have been raised in the last few years and the Act aims to set and enforce the standards of weights and measures to regulate trade and commerce in weights measures and other goods sold or distributed by weight, measures, or a number and to regulate other connected matters. The act was introduced to replace the “Standard of Weights and Measures Act, 1976” and the “Standards of Weights and Measures (Enforcement) Act, 1985 the provision of the act came into force on the 1st April 2011. The Legal Metrology (Packaged) Rules, 2011 pertains to goods that are sold and provided how declaration is made and has to be made and what declarations on a packaged commodity meant to be for the sale of the commodity. Weights and measures offences and punishment under IPC. Supreme Court on Legal Metrology Cover Offences of Weights and Measures The Supreme Court in its judgement in the matter of State of UP vs. Aman Mittal on 4th September 2019 held that section 3 of legal metrology Act, 2009 overrides the provisions related to weights and measures covered under chapter XII of Indian Penal Code, 1860. Further it continues that section 3 of the Act states that provision of the Act will override the provision of any other law and the act regulates the trade and commerce of weights and measures, and goods sold or distributed by weight, measures or numbers. Observations by Supreme Court on Section 3 of Legal Metrology Act Relying on the above-mentioned matter which is titled the “State of UP vs. Aman Mittal” Relying party on the observation made by the High Court the Supreme Court observed the followings: Penalties under the Legal Metrology Act Offences and penalties under the Act are specified in chapter V of the act which says the followings: Section 36 (1) of Legal Metrology Act Section 27 of the Act Regulation 32 of the Rules Regulation 32 of the rules impose penalties on manufacturers, Packer, or importer of the commodities for non-registration under the provision of rules or contravention by other rules. Section 36 (2) of the Act Section 38 of the Act Offences by companies under legal metrology Compounding of Offences under Legal Metrology An Appeal Under Legal Metrology An appeal under legal metrology can be filed to the next higher authority against all decisions or orders of an officer of legal metrology within 60 days from the date of passing of the decision or an order by the official. LMPC Registration Under Legal Metrology Who is the dealer under legal metrology? As per Section 2 subsection B of the act, dealer concerning any weights or measures is a person who carries directly or otherwise the business of selling buying, supplying, or distributing any such weights or measures whether for Includes a Commission agent, and importer, a manufacturer who sells, supplies, distributes, or otherwise delivers any weights or measures manufactured by him to any person other than a dealer. Conclusion The Legal Metrology act covers the provision relating to weights and measures whereas Indian Penal Code (IPC) is a code that extensively defines several offences and their sentences accordingly overlapping only two provisions are a covenant with the same offences in the above-mentioned case was only between section 3 of the Act in chapter XII of IPC. In the above discussed matter Hon’ble Supreme Court has rightly given preference to section 3 of the act which overrides chapter XII. The Hon’ble Supreme Court has also pointed out that section 3 of the act does not deal with offences such as

The necessity of imposing Legal Metrology laws which deal with units of weights and measures comes on the method of weightmeant and measurement, weighing and measuring instrument with regards to the mandatory technical and legal requirement having an object of ensuring public guarantee to secure the interest of the consumer and provide accuracy in weighing and measurement. The laws are important to ensure uniform enforcement related to the matter in Legal Metrology throughout the entire country. The government has elected various laws such as: Competent Authority to Grant a Licensing As per the Legal Metrology Laws, rules, and regulations the “Controller” of the Legal Metrology department is the competent official to grant the licence to the manufacturer, dealer, importer or packer of the commodity. However, the application for a licence should be submitted to the inspector of Legal Metrology who will inspect the application thoroughly and after the completion of such inspection by the Legal Metrology officer, he will forward the application to the controller of legal metrology with the recommendations for consideration. The Legal Metrology department conducts LMPC inspection of quantity and error in packages on various intervals. Importance of Legal Metrology in Case of MRP Many of us are not aware of the MRP or price a dealer can charge from us and due to the non-awareness, many people become a victim of fraud. So it should be known by every consumer whether a dealer can charge legally more than the maximum retail price mentioned on the package or not. It is very much important to be aware of the MRP Price written on the pre-packed commodity and here it is pertinent to mention that no dealer can charge more than the prescribed price or on the package. If in any case, any dealer is doing so he’s committing an offence for which he can be prosecuted. As Per the Legal Metrology Laws, What are Pre-Packaged commodities? Any commodity which is placed in a package without the purchaser being present of whatever nature whether sealed or not so that the product contained therein has a predetermined quantity is prepacked as per the Legal Metrology. How to know whether the weights are measures are standard or not? It is very much important for the consumer to ensure that weights and measures are standard or not. Every consumer needs to be aware that every weight and measure is manufactured as per the specification of the model laid down by the Government of India. As we know that the weights and measures used by the traders are verified and stamped by the inspector of the legal metrology department and such verification is verified in stamp only. After the completion of the verification with a seal for enforcing the integrity of the stamp of the inspector and quarter in which it is verified can confirm whether it is a standard weight or measure or not. Selling or dealing in non-standard units is an unlawful activity and the same is punishable under the legal metrology laws. Calibration under Legal Metrology Calibration refers to the operations which are necessary for determining the value of the error of weights and measures. Also, it is necessary for the followings: Verification and Stamping of the capacity of the vehicle tank or Its compartment or any equipment, etc. Calibration is to determine other metrological properties of such weights or measures which includes the actual fixing of the position of gauge marks or scale marks may also be carried out to permit the use of weights or measures as a standard. Competent Authority to Grant Registration to Manufacturer The competent authority to grant the LMPC registration to the manufacturer, Packer, dealer of package commodities is the controller of Legal Metrology. He’s the one who registered the manufacturer, Packer, importer of the package commodities and provide them the same to deal in the Indian market with the consumer without conducting any fraud and ensure the compliances of the rules and regulations of the act. Mandatory Requirements while Purchasing Imported Items There are several requirements that have to be done by the purchaser or consumer while purchasing any imported items. The mandatory LMPC declarations required on a package which have been imported at every level for sale are given below: Items on which LMPC Rules and Not Applicable There are several items on which Legal Metrology Packaged Commodity Rules, 2011 are not applicable all such items are given below: In all the above-mentioned items the Legal Metrology Packaged Rules 2011 are not applicable. As per Legal Metrology Laws can a person sell or use unstamped weights and measures? As per the Legal Metrology laws, no person is allowed to sell unstamped weights or measures. It is not allowed to be sold or offered, exposed or distributed for sale or use in any transaction or protection unless it has been verified and is stamped, and a licence obtained by a legal metrology officer/ department. Penalty for unverified weights and measures Every consumer should be aware of the penalty which can be imposed on the manufacturer, importer, packer, seller, or dealer of the commodity if he fails to get the weights or measures verified or re-verification on due time. Also the Central Govt. has graded the penalty under Legal Metrology. Any person who did not present any weights or measures for verification or re-verification, omits or fails without any reasonable cause to do so shall be punished Where a consumer can file a complaint under the legal metrology? If any violation of the laws and rules has been committed by any manufacturer, dealer, or Packer of the commodity then a consumer may file a complaint to the office of the followings: Comptroller of legal metrology, or Assistant controller of legal metrology, or In the office of the inspector of legal metrology of the concerned jurisdiction, district, subdivision. It is very much important to know that no person can use for commercial purposes any non-verified weights or measures and he is allowed only to use weights and measures which are duly verified and

To protect the interests of the consumer, the legal metrology department plays an important role. Sometimes, protecting the consumer becomes quite difficult when the consumer is not aware of the product and its rights. To stop the fraud with the consumer, the legal metrology department conducts various awareness programs and workshops in favour of the buyer where it tells the consumer about the product packages of commodities, LMPC declarations on package, and other mandatory things for the consumer to spread awareness among the consumer and to teach them about legal metrology and their rights while purchasing the commodity from the market, through online mode, or from e-commerce websites. The Central Government has graded the penalty under legal metrology and the department also laid down certain rules and regulations for e-commerce websites to comply with so that no fraudulent activity will take place with the consumer through e-commerce websites as well, also the legal metrology department has served the notices to e-commerce firms . Awareness program of consumer protection by Legal Metrology in MP Consumer Awareness by Legal Metrology Department

The Legal Metrology department plays an important role in the Indian market as it protects the interests of the consumer and provides the authority to the manufacturer, dealer, and importer of the commodity to deal in the Indian market. Legal Metrology for business also plays an important role. The Legal Metrology department places various roles and has numerous functions with the aim of preventing fraud and protecting the interests of the consumer. It does various activities by following all the rules and regulations of the act. In this article, we are going to discuss the act, rules, aims, objectives, activities, and functions of the Legal Metrology department. Governing Acts for Legal Metrology Department The department is a statutory organization functioning under the governing act and rules, which are as follows: All the above-mentioned acts and rules have laid down the guidelines for the department and the general public, including consumers at large, to follow a standard pattern. The department is concerned with the implementation of the provisions of the central act and the various rules framed thereunder. Central Act for Legal Metrology Department The statutory functions of the Legal Metrology department The statutory functions of legal metrology departments are given below: Control of Legal Metrology Department The Legal Metrology Department has control over the manufacturer, dealer, or seller of weights and measures, and measuring instruments should be done by issuing a license to them. Further, the Legal Metrology Department has control over the following: Trader A trader is the user of weights and measures, weighing and measuring instruments who has registered or is interested in registering himself with the department. Dealer A dealer is a person who deals with weights and measures, weighing and measuring instruments, who have to apply to the department in the prescribed form department and is issued with the LMPC license by the department to deal with the weights and measurements, weighing and instruments under the act. Weights and Measures Every type of metric weight, measure, weighing, and measuring instrument through Repairer A repairer is a person who repairs weights and measures, weighing and measuring instruments and has to apply to the department in the prescribed form and is issued a LMPC license by the department to carry out the repair work of weights and measures, weighing and measuring instruments. Offender Printed declarations on the package of commodity The pre-packaged commodities are not packed in the presence of the consumer. Therefore, according to the standards of weights and measures packaged commodity rules 1977, there is a need for consumers to be aware about LMPC declarations that every package should bear the following printed on it: Suggestions for the Legal Metrology department

The headquarters of Legal Metrology is situated in Delhi, but the offices of the Legal Metrology department are situated in every state of the country. There are several offices in each state of the country where the consumer can file a complaint and the manufacturer, packer, importer, or dealer of the commodity can apply to obtain the LMPC certificate, LMPC registration, and LMPC license. Applicants can also apply for the renewal of the license at the offices of the Legal Metrology department of their jurisdiction or at the office in whose jurisdiction the manufacturing unit is located. Structure of Legal Metrology Office in Goa Address Jurisdiction under control   The assistant controller, legal metrology, north zone, second floor, tourist shopping complex, pin code 403507, telephone number 2256311 With Hqs. As Mapusa (North Zone) has jurisdiction over the Talukas of Bardez, Pernem, Bicholim, and Satari. The Assistant controller, legal metrology, H.O. central lab packaged commodities office of the Comptroller, legal metrology, Near the municipal garden, Diogo does Couto Road, Panaji-Goa. pin code 403001; telephone number 2421037 With Hqs. as Panaji (central laboratory/packaged commodities) having jurisdiction over the whole state of Goa, The system controller of legal metrology, central zone, Neugui building, Mala, Panaji, Goa. 421037 With Hqs. as Panagi (central zone) having jurisdictionbf over the talukas of Tiswadi and Ponda, The assistant controller, legal metrology of the South Zone, Char Rasta, opposite Konkan railway station, Margao-Quepem Road, Navelim, Margao-Goa. Pin code number 403601 Telephone number 270-3859 With Hqs. As Maegao (South zone), having jurisdiction over the talukas of Salcete, Quepem Sanguem, Canacona, and Mormugao. Assistant Controller and Inspector under Legal Metrology, Goa The above-mentioned offices have control over the weights and measures, the packaging of the commodity, trader, offender, manufacturer, importer, dealer, repairer, etc. Department of Legal Metrology Goa: Legal Metrology Consultancy

As we are all aware, the central government plays an important and major role in the legal metrology department and it holds the entire system in the country. The central government keeps on trying to make the best decisions in favor of the consumer to protect their rights and interests and to stop the fraudulent activities in the Indian market by any business, manufacturer, importer, or packer of commodities. To keep the best compliance and to secure the interests of the consumer in a better way, the central government tries to amend the act in a better form so that it can be implemented entirely and bring the best result. Likewise, recently, the central government has amended legal metrology packaged commodity rules (2011) by keeping the consumer’s interest in mind. In this article, we are going to provide you with information about the amendments that have been made by the central government in the legal metrology packed commodities rules 2011. Importance of Legal Metrology for business and compliance of the act by business is mandatory for the interest of consumer. Amendments in Legal Metrology (packed commodities) rules 2011 The amendments introduced by the central government under the act are given below: Importance of amendment in Legal Metrology (packed commodities) rules 2011 Legal Metrology consultancy for declarations on packages Conclusion Most of the time, it happens that certain people do not understand the entire declaration part of the commodity because it is not understandable to them due to some technical words or some abbreviations, etc. Considering this fact, the central government has made the amendments so that the open MRP will be known to the consumer, which will be inclusive of all the taxes on the commodity. Also, this will give the consumer an idea of the weight and quantity of the commodity. They will even have the right to check the weight of the commodity and get information about the weight written on the package of the commodity and the weight available inside the package of the commodity. The Central government has introduced the amendments totally in favor of the consumers so that even if the consumer is not literate, he will get the proper information about the commodity merely by going through the declarations. It has simplified the declarations as much as it can be just to protect the interests of the consumer and make it easy for the consumer to pay right for the right commodity. Introduction As we are all aware, the central government plays an important and major role in the legal metrology department and it holds the entire system in the country. The central government keeps on trying to make the best decisions in favor of the consumer to protect their rights and interests and to stop the fraudulent activities in the Indian market by any business, manufacturer, importer, or packer of commodities. To keep the best compliance and to secure the interests of the consumer in a better way, the central government tries to amend the act in a better form so that it can be implemented entirely and bring the best result. Likewise, recently, the central government has amended legal metrology packaged commodity rules (2011) by keeping the consumer’s interest in mind. In this article, we are going to provide you with information about the amendments that have been made by the central government in the legal metrology packed commodities rules 2011. Importance of Legal Metrology for business and compliance of the act by business is mandatory for the interest of consumer. Amendments in Legal Metrology (packed commodities) rules 2011 The amendments introduced by the central government under the act are given below: Importance of amendment in Legal Metrology (packed commodities) rules 2011 Legal Metrology consultancy for declarations on packages Conclusion Most of the time, it happens that certain people do not understand the entire declaration part of the commodity because it is not understandable to them due to some technical words or some abbreviations, etc. Considering this fact, the central government has made the amendments so that the open MRP will be known to the consumer, which will be inclusive of all the taxes on the commodity. Also, this will give the consumer an idea of the weight and quantity of the commodity. They will even have the right to check the weight of the commodity and get information about the weight written on the package of the commodity and the weight available inside the package of the commodity. The Central government has introduced the amendments totally in favor of the consumers so that even if the consumer is not literate, he will get the proper information about the commodity merely by going through the declarations. It has simplified the declarations as much as it can be just to protect the interests of the consumer and make it easy for the consumer to pay right for the right commodity.