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:
- The Legal Metrology Act 2009,
- The Legal Metrology (General) Rules 2011,
- Legal Metrology (Enforcement) Rules 2011, and
- Legal Metrology Packaged (Commodity) Rules 2011.
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:
- The common end generic name of the commodities.
- Name and address of the importer, manufacturer, or Packer of the commodity.
- Month and year of the importing or packaging of the commodity.
- Net quantity in terms of standard units of weights and measures.
- Contact number, the e-mail address of the manufacturer, importer, or Packer of the commodity.
- Maximum Retail Price (MRP) inclusive of all the taxes should be mentioned on the package of the commodity.
- Declarations may be printed on a label securely affixed to the package or on the package itself.
- The declaration shall be printed in Hindi or English on the package.
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:
- Agricultural farm products in the package of above 50 kilograms,
- Any raw material for the use of industrial purpose only,
- Any part or material used in any workshop, tricycle, motorcycle, service station repairing bicycles,
- Drugs/ medicines covered under “Drug Control Order 1955” scheduled and non-scheduled formulation covered under drug price control order 1995 made under section 3 of Essential Commodities Act, 1955.
- Fast food items packed by Restaurants/hotels.
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
- With a fine which may not be less than 2000, and
- The same may extend to ₹10,000 and
- Such weights or measures can be seized on inspection.
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 stamped by the legal metrology department.