Constitutional Provision in Indian Legal Metrology System

There is a proper setup of the Legal Metrology system in India which provides the proper clarification, clarity in the interests of the public and also provides the proper training to the Officers of Legal Metrology. In order to bring a better output and deep fruitful result the state government and other authorities keep on conducting the timely seminars and provide mandatory basic training to all the officers of Legal Metrology. Legal Metrology is an application that fulfills the legal requirement for measuring instruments and measurements.

As we are very much aware, ensuring the public guarantee is the main objective of Legal Metrology to protect the security and accuracy of the wait and measurements.

Following the rules and regulations described under the Legal Metrology act is not the option and the same is mandatory for everyone, it has a very wide scope and the same is just not restricted to the manufacturer manufacturing the product and consumer consuming the same. However, while importing the goods the LMPC approval of imported goods is mandatory under the act.

Constitutional Provision In Indian Legal Metrology

In regards to the weight and measurement, there are some constitutional provisions under the Indian Legal Metrology act such as:

Under Concurrent List – Entry 33 A

Under the Concurrent list the enforcement of legal metrology invades and measures except for the establishment of standards

Under Union List– Entry 50

Under the Union list the establishment of standards of weight and measures are to get the training in

• Legal metrology,
• Specification of standards,
• International relations,
• Frame the act, and
• Rules, etc.

Legal Metrology Act, 2009

On January 13th, 2010 the legal metrology act 2009 received the assent of the president and the same came into force with APEC from first April 2011. For the implementation of the act, the department of consumer affairs is a nodal agency.

Specific provisions under Legal Metrology Act

1. The Act contains 57 sections and covers the entire provision of the Standards of Weight and Measurement Act, 1976.
2. The Act also contains the Standards of Weights and Measurement Enforcement Act, 1985
3. The penalty for vigilance has been increased for four different offenses. The act clearly says that there should be a declaration on prepackaging commodities.
4. There is no requirement for registration in case of export of weight and measures.
5. Before Manufacturing/ Import, it is mandatory to have an approval of model of weight or measures.
6. The Metric system contains the standardization of units of weights and measures.
7. The act prohibits the measures without a license, repair, and impose prohibition on manufacturer or sale.
8. As per the Act, there must be proper verification and stamping off weight or measures.
9. Under the Legal Metrology act, only one nominated director of the company will be wholly responsible for the commencement of offense done by the company.
10. Legal Metrology act also introduced the provision of a government-approved test center

Legal Metrology (Government-Approved Test Center) Rules, 2013

The Government-Approved Test Center frames the rule for the approval of GATC (Government-Approved Test Centers) which are established by private person. These approvals are provided for the verification of the measures and weight.

All the verifications are done by the State Government officers under the legal metrology Government-Approved Test Center Rule 2013. LMPC Packaged Commodity Registration is necessary under the Rules of the Act.

Some prescribed deviated measures under these rules for verifications are:

1. Sphygmomanometer
2. Clinical thermometer
3. Water meter
4. Non-automatic being an instrument of accuracy class-IIII/ III (up to 150 gram).
5. Automatic rail weight bridges
6. Load cell
7. Beam Scale
8. Weight of all categories
9. Counter machine
10. Tape measures

Rules have also been framed for the estate legal metrology for the implementation of the act 2009 by the State Government

Indian Institute of legal metrology Rule, 2011

Indian Institute of Legal Metrology of Rachi is the training institute to provide training to the Legal Metrology Officers who are under the administrative control of the department and belong to different States/ UTs/ Union of India, in the field of legal metrology.

This rule tells us the following:

1. The provisions of course to be initiated at the institute,
2. The obligatory functions of the institute,
3. Qualification of the Officers, and
4. The eligibility criteria for admission in the institutes.

Functions of the Legal Metrology

As we all are aware that the legal metrology plays an important role and it has certain specific functions under which all the rules and regulations are followed in a proper way without giving a lead to any misconduct.

1. Maintaining the nature of regulation,
2. Proper research
3. Enforcement of regulation
4. Enforcement function two undertake technical field fetches
5. Registration of Offices
6. Seizures and Inspections
7. Launching prosecutions is the primary responsibility of the director.

Legal metrology performed its work totally in favor of the public interest. It is a statutory authority that has the power and responsibilities prescribed under the legal metrology in 2009.

Legal metrology typically deals with the following

1. Inter-state Trade and Commerce of weight and measures
2. Pre-packaged commodities.
3. The director of legal metrology takes the responsibility for the proper establishment and the standards of the legal methodology.
4. He insures and maintains every single aspect of the standards of legal metrology.

Director Of Legal Metrology And His Responsibilities

• The director of legal metrology takes the responsibility for the proper establishment and the standards of the legal methodology.
• He insures and maintains every single aspect of the standards of legal metrology.

Enforcement of Laws

Legal Metrology laws are enforced by the State Government, the Controller of Legal Metrology, and other Legal Metrology Officers are covered under the provision of the act

The main part of the measurement is accuracy and measure which plays an important role in day-to-day life. There is confidence in trade which is attracted towards the efficient and transparent Legal Metrology system.

A harmonious environment can be created by industry to achieve the following goals:

1. Reduction in the revenue losses in the mines, railways, pool, petroleum, industries is the important function of the Legal Metrology.
2. Increasing the revenue in various sectors also contributes to the economy of the country.
3. It all leads to the reduction of the losses and also in the reduction of the wastage in the infrastructure sector

Regional Reference Standard Laboratories (RRSLs)

The RRSLs are set up to meet the appropriate requirements of Legal Metrology for the industries, consumers, and State Government. Five regional reference standard laboratories are situated in Gujarat, Bangalore, Faridabad, Ahmedabad, and Bhubaneswar.

• All the above mentioned five regional reference standard laboratories are accredited by the National Accreditation Board of Laboratories.
• The legal metrology division of the department and all of its subordinate offices have already been certified by ISO 9001.
• Among all the above laboratories Bangalore is going to make the best international laboratories.
• These laboratories serve as a link between the National Physical Laboratory and the State Weights and Measures.
• These laboratories have been set up to ensure the correct measurement and weight in the transaction of trade.
• In Nagpur and Varanasi, two new Regional Reference Standard Laboratories are being established.

Indian Institute of Legal Metrology, Rachi

1. The Center for the professional training for the Legal Metrology Officer is the Indian Institute of legal metrology Rachi
2. This institute is a residential training institute that has an approximate area of 17 acres.
3. Even the foreign participants from developing or neighboring countries can also take the training from the Indian Institute of legal metrology Rachi.
4. The legal metrology officers in the field of legal metrology can avail themselves of basic training from this institute.
5. This institute has all the facilities for seminars and organizing training. It also organizes various seminars and refresher courses on legal metrology regularly.
6. The Legal Metrology officers can avail themselves of the full knowledge in respect to the Legal Metrology Act and its rules and can learn the proper implementation in the field.
7. Approximately 200 officers of legal metrology who belong to different States and UTS are being trained by IILM in that calendar year by this institute of legal metrology

Conclusion

Legal Metrology System of India follows the adhere Rules and Regulations set up by the Act and the State Government. There is proper training given to the Legal Metrology Offices in the Institute of Legal Metrology, where any misconduct is done by the company in that situation the Nominated director shall be liable for such misconduct. Legal Metrology plays a very important role in the economy as well as in our day-to-day life functioning.