It is the primary and major responsibility and power of the legal metrology officer to keep an eye on the acts of the manufacturer, importer, packer, seller, dealer of weights and measures, and pre-packed commodities as per the Legal Metrology packaging rules. Any commodity which deals with any kind of measurement comes under legal metrology, such as
- Gas agencies,
- Petrol pumps, etc.
The officers of Legal Metrology can inspect the units of any manufacturer or importer anytime as and when required or on the complaint of any consumer or any citizen of the country. The Legal Metrology offices are located in various parts of all the states of the country, and the head office of legal metrology is situated in New Delhi.
Who can Inspect under Legal Metrology?
Legal metrology has a wider scope, which covers almost everything dealing with the consumer. It is to protect the rights of the consumer and preserve the interests of the consumer. In case of default below mentioned officers can inspect under legal metrology
- The director,
- Inspector, or
- Any other authorized officer of Legal Metrology can inspect the above-mentioned units.
In case of default, the officer may file a complaint accordingly. Even in the last few days, it can be seen that the legal metrology has imposed heavy fines on petrol pumps as it provides a lower quantity of petrol to the consumer.
Inspection of Quantity and Error in Package at the Premises of the Manufacturer or Packer
- A proper inspection has to be conducted by the legal metrology officer of quantity and errors in packaging at the premises of the manufacturer or packer of the commodity.
- With a view of ascertaining whether any package or packages complies with the provisions of the rules in all respects,
- the director,
- or any other legal metrology officer empowered to inspect under section 15 of the act.
- May examine the package and carry out the test at the premises of the manufacturer.
- Where the manufacturer is not a packer, and when he carries out such examination or tests, he shall draw samples from all of the packages.
- The inspection should be done in the manner specified in the 5th schedule of the act.
- The test shall be carried out in accordance with the method specified in the 6th schedule of the act.
- The director or controller of legal metrology officer shall enter the form set out in the 7th schedule of the act.
- The details in the result of the test carried out by him and shall obtain the signature of
- the manufacturer, as the case may be,
- the signature of the Packer, or
- his authorized agent,
- in the absence of both their refusal to affix such signature,
- the signature of a competent witness.
- A copy of the data sheet containing the results shall be given to the manufacturer or packer, as the case may be.
- On the completion of the examination of the test, the director, controller, or any other legal metrology officer shall
- make a report indicating his findings with regard to the LPMC declaration on package to be made under the rules, and
- To the net quantity actually contained in the sample package, and
- The extent of error, if any, notified by him and furnish a copy of such report to the manufacturer or the packer, as the case may be.
- The statistical average of the net quantity contained in the package drawn as a sample is less than the quantity declared on the package or on the label affixed thereto.
- Any such package shows an error of deficiency greater than the maximum permissible error. In such a case, the director, controller, or any other authorized legal metrology officer may
- request the manufacturer or packer or their authorized agent by giving sufficient reason to take out as soon as practicable a fresh sample, and
- carry out fresh tests in accordance with the provisions of the rules, and
- fresh tests are done by the director, controller, or any other legal metrology officer as the case may be.
- Collect the fee of Rs. 2500/- for carrying out fresh tests.
- In the case of conducting the fresh test, no package commodity containing a lot that was previously tested under this rule shall be sold or distributed by the manufacturer of packer, as the case may be, under the provision of the act as complied with.
- The director, controller, or any other legal metrology officer is satisfied that the package picked out by the manufacturer or packer confirms all the provisions of the Legal Metrology packaging rules, he shall authorize
- the sale,
- distribution, and
- delivery of such packages.
- In the event of a result or person checking by manufacturer or packer any packages found not to be confirming all or any of the provisions of the act, then such package shall not be sold, distributed, or delivered until it has been
- reprocessed, or
- relabeled as the case may be in accordance with the provisions of the act and Legal Metrology packaging rules.
- A lot of packages shall be approved for sale if a result of the test carried out under this rule finds that the statistical average of the net quantity contained in the sample package is
- Equal to, or
- More than the quantity declared on the package, or
- On the label affixed thereto.
- The extent of any error in deficiency is that none of the sample packages exceeds the maximum permissible error.
- The requirement of a mandatory declaration on the package shall be insured either at the factory level or at the depot level factory for non-compliance with the provisions of this rule.
Action to be taken on completion of inspection by legal metrology officer
- The action by the legal metrology officer can be taken by seizing 5 representative samples of the package as evidence, and the rest of the packages may be released.
- The action by the legal metrology officer shall be taken as per the rules and the act of Legal Metrology on the completion of the package at the premises of the manufacturer or the packer.
- The statistical average of the net quantity contained in the package drawn as samples under the rule is less than the quantity declared on the package or on the label affixed thereto, or any such package shows an error in deficiency greater than the maximum permissible, or
- If any package does not bear the label affixed to the declarations to be made by the rules,
- Then, in both the above-mentioned situations, the director, controller, or any other authorized legal metrology officer shall take action accordingly, such as
- The Legal Metrology officer shall seize the package drawn by the Legal Metrology officer as simple and shall take the adequate steps for the safe custody of the package until it is produced in the appropriate code as evidence.
- Based on the evidence, initiate action for violation of the provision of the act against the manufacturer or packer of a commodity.
- No such action shall be taken if fresh tests are carried out, but if a fresh task test reveals any such error or omission, the director, controller, or any other authorized officer shall take appropriate action as specified in the rule with the provision of the act against the manufacturer or the packer, or as the case may be.
- The disposal of a seized package shall be made in accordance with the provisions of the Code of Criminal Procedure, 1973.
The legal metrology officer has the right to inspect the unit of the manufacturer or packer, and if they are found guilty of any kind of offense committed under the act, they will be charged and action will be taken by the legal metrology officer against the offender. It is advisable for every manufacturer, importer, and packer of the commodity to comply with the rules and regulations of legal metrology as per the Indian legal metrology system.