Legal Metrology

According to Section 24 of the Legal Metrology Act, 2009 every person having any weight or measure in his custody, possession, or control with an intent to use it in any transaction or for protection, should be verified before using such weight or measure. Weight or measure shall be verified at such place and during given time by the Controller on payment of fees as may be prescribed.The Government has the authority to decide the kinds of weights and measures for which the verification is to be done through the Government approved Test Centre.In the Legal Metrology act, 2009, section 25 to section 39 describes penalties for use, sale, etc. of non-standard weight and measure.In the past, several complaints have been received relating to the over-weighing of luggage and excess charging by the consumer affairs department.Recently, during an inspection at Jaipur Airport, three airlines were caught using faulty weighing scales for luggage. The officials of the Department of Legal Metrology have booked cases under the Legal Metrology act, 2009 for violation of standards of weights and measures.One of the airlines did not have a verification certificate which is a violation of Section 33 of the Act and shall be punished with a fine of Rs.2, 000 extending upto Rs. 10,000. On the other hand, the second airline though had a verification certificate but had other irregularities, which is a violation of Section 35 of the Act and shall be punished with a fine which shall not be less than Rs. 2, 000 upto Rs. 5,000. In case of a subsequent offence, the offender shall be imprisoned for a term which shall not be less than three months or may extend upto one year, or with a fine, or with both.It may be noted that many offences under the LM Act are of criminal nature. The Dealer/manufacturer of weight and measurement items should have a valid license like Dealer Registration, Packer Registration, LMPC Certificate, Importer Registration under Section 19, and Model Approval under Section 22 of the Act. DISCLAIMER :- The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

When the whole world is struck down due to this pandemic of Corona Virus, the priority of manufacturing sector has been shifted from industrial goods to preventive items of COVID-19, consequent to which mass import-exports are happening in relation with medical items, but the requisite certifications/licenses required for such imports are equally enforceable like as before corona period. What is the Problem? Legal Metrology law is not less than a riddle, a law which was enacted in the year 2009, yet has to gain the required awareness about its applicability and consequences. It has been seen that many Covid-19 related items are not manufactured in India, a prominent example of which is Infrared Thermometers which comes under the strict compliance of the Legal Metrology Act since thermometer is measuring instrument. Moreover, legal metrology does apply almost on all the non-weight & measurement pre-packed commodities also, consequent to which any import of hand sanitizers, masks, Personal Protective Equipment (PPE), etc. do also attract the Legal Metrology Package & Commodity Rules under Rule27. How to Avoid This Problem? The major problem with legal metrology laws is that the government has yet not created enough awareness of its applicability. Many small importers have imported the small consignments of Infrared thermometer but at the time of clearing they are informed that they need to comply with Legal Metrology Registration and Model Approval of the thermometer. At ELT Corporate we have well understood this problem and in fact through our mass campaign we tried to create awareness among the importers to avoid importing if they are looking to import small quantities, else they may land up into the additional cost of complying with legal metrology. Generally, whenever any weight and measurement item is imported, it has to go mandatorily with the compliances under legal metrology- one is Importer Registration under legal Metrology and the second is the Model Approval. ELT Corporate Group is a pioneer in legal metrology laws having its presence through its trained associates on pan India basis. DISCLAIMER: – The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.

Do you know there is a difference between state government and central government licenses? Let’s start by understanding the basics. All the states can have their own Act and the centre has its own which applies to the whole of India. For centre- the Legal Metrology Department falls under the Ministry of Consumer Affairs, Food and Public Distribution Wing of the Government of India. If we talk about state licenses, every State Government has their respective Legal Metrology Department with different names like in Delhi State Government has the Department of Legal Metrology with the name of “weights and measurements departments”. What Is The Role Of The State and Central Government In Legal Metrology Act? Subjects of legal metrology fall under the concurrent list of the constitution of India- which means both states and the centre have the power to grant licenses under the LM Act. But licences related to weighing and measuring instruments as well as weights and measurements are only issued by the centre, whereas licenses related to packaging of goods under The Legal Metrology Packaged Commodities Rules,2011 can be issued by the state as well as the centre. In case of central licenses, the duty of enforcement of the law is of the state government, it’s only through state governments that the central government enforces the given law. Which Is a Better Option To Have a Central License or State License? If you have a business address in one state or your place of business is within one state in such case, you can go for state licence. Central Government License is mandatory under certain cases You need to mandatorily apply for a central license in the following two cases:-

Get to know about the basic terms that you must know about Legal Metrology. This will help you to understand the importance and value of legal metrology in India. What is Legal Metrology? Legal metrology is the study of weighment and measurement concerning the mandatory technical and legal requirements having the objective of ensuring public security and accuracy of the weighment and measurement. What Is A Pre-Packed Commodity? A commodity which is packed without the purchaser being present and packed in a package having pre-determined quantity written on it. Who Is Competent Authority To Grant Legal Metrology Licence? The Controller of Legal metrology is the competent authority to grant the licence. Who Approves The Model Of Weight And Measure? There are various Regional registered standards laboratories, which approves the model also known as a model approval and give the report to the Director of Legal metrology. Who Issues The Certificate Or Licence Of Legal Metrology? The central government gives the authority to the Director of legal metrology to issue the licence after the model gets approved by RRSL. What Is The Validity Of The Lmpc Licence? The validity of legal metrology licence for Bullion weights, Cast iron weights, Counter machine, Beam scale and volume measures is Two years. For Electronic scale, platform machine, steel metre and peg measures is One year.

Rule 6 of the Legal Metrology Packaged Commodity Rules, 2011 states that declarations to be made on every package. The declarations are as follows: Recently, the Delhi High Court under a PIL ordered the Centre to ensure and file a fresh affidavit after verification that e-commerce websites like Flipkart, Amazon, etc. are complying with relevant laws of displaying the name of the manufacturing country or country of origin on products sold on their platforms. Overview of Rule 6: Legal Metrology Packaged Commodity Rules, 2011 Rule 6 of the Legal Metrology Packaged Commodities Rules, 2011, pertains to the labelling requirements for packaged commodities. This rule mandates that certain declarations must be made on the packaging of commodities to ensure transparency and protect consumer rights. The key aspects of Rule 6 include: These requirements ensure that consumers can access accurate and precise information about the products they purchase, promoting fairness and transparency in the marketplace. Mandatory Declarations on Packaged Commodities Mandatory declarations on packaged commodities, as outlined by the Legal Metrology Packaged Commodities Rules, 2011, include: These declarations ensure that consumers are well-informed about the products they purchase and help maintain standardization and accountability within the industry. Recent Rules on E-commerce Compliance of the Delhi High Court The Delhi High Court has recently addressed the compliance requirements for e-commerce businesses, emphasizing the need for adherence to legal and regulatory standards. Key points include: The court’s rulings underscore the importance of e-commerce businesses adhering to legal standards to ensure fair practices and protect consumer interests in the online marketplace. Importance of Compliance in Promoting Indian Goods Compliance with regulatory standards plays a crucial role in promoting Indian goods for several reasons: Economic Growth: Promoting high standards through compliance contributes to the overall growth of the Indian manufacturing and export sectors, strengthening the economy. The petitioner’s counsel raised an issue, saying that there were significant obscurities related to the products sold on the e-commerce websites, such as one product having several countries of origin and the country of origin being foreign. Still, the product is shown as being made in India. The country of origin varies from manufacturing country. In his rejoinder affidavit, he stated that the e-commerce entities defy the Legal Metrology (Packaged Commodity) Rules, 2011, and Consumer Protection (E-commerce) Rules, 2020. He has requested that prosecution be charged against those flouting the rules. However, e-commerce entities like Amazon, Flipkart, Decathlon, etc., have claimed that they comply with laws under the Legal Metrology Act and are displaying their country of origin on products sold on their platforms. Why do E-Commerce Sites Display the Country Of Origin On Products? It has been asserted that the application of the mandate was important in the present situation when citizens of our country intend to comply with the appeal of the central government to promote and purchase Indian goods and not from some neighbouring countries. Consumer Trust: Adhering to regulations builds trust among consumers by ensuring that products are safe, accurately labelled, and meet quality standards. Market Access: Compliance with national and international standards facilitates easier entry into various markets, including export markets where adherence to specific regulations is required. Brand Reputation: Companies that comply with legal requirements are perceived as reliable and ethical, enhancing their brand reputation and competitiveness. Legal Protection: Compliance helps in avoiding legal issues and penalties, ensuring that businesses operate smoothly and focus on growth and innovation. DISCLAIMER: – The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.