Legal Metrology: Power of Central Government
As we all are aware that legal metrology has a wider scope and it has various departments in all the states. However the head office of the legal metrology department is located in Delhi but every state has its own rules and regulations in various aspects of Legal Metrology.
The rules regarding the LMPC licence fee, LMPC registration charges, etc depend on the state which differs from state to state. Also the central government has graded penalties under legal metrology and there are certain powers given to the central government of India and state governments of all the states to make the rules under Legal Metrology. In this article, we are going to discuss the powers of the Central Government to make the rules under legal metrology and its uses.
Power of Central Government to Make Rules under Legal Metrology
- The central amends LMPC Rules, 2011 and Central Government may by its notification make rules for carrying out the provision of the legal metrology act. In particular and without prejudice to the generality of the foregoing power commercials may provide for all of or any of the following matters:
- The manner of preparation of object and equipment to drive the value of base,
- Drive that other unit of land shall be in meter,
- Mass Shal be in kilogram,
- Time Shall be in the second,
- Electric current shall be in the ampere,
- Thermodynamic temperature shall be in Kelvin,
- Luminous intensity shall be in candela, and
- Amount of substance shall be in the mole.
- The central government shall prepare or cost to be prepared an object or equipment in such a manner as may be prescribed.
- The specification of the base unit of measures and base unit of mass which tribe units and other units shall be such as prescribed.
- Below given followings shall be in a standard unit of enumeration:
- Physical characteristics,
- Contractual details,
- Types of equipment,
- Period of pre-verification,
- Methods or procedures of test of the base unit of new versions.
- The base unit of numeration shall be in a unit of an international form of Indian numerals, every numeration shall be made following:
- The decimal system,
- The decimal multiples and
- Submultiples of the numerals shall be of such denomination and be written in such a manner as prescribed.
- Reference standard, secondary standard, and working standard of weights and measures such as:
- The references standard, secondary standard, and working standard of weights and measures shall be prescribed.
- Every reference standard, secondary standard and working standard shall be verified and stamped in such a manner and after payment of such fee as may be prescribed.
- Every reference standard or secondary standard and working standard which is not verified in its stamp following the provisions shall not be deemed to be a valid standard.
- There is a difference between state government and state government licence under legal metrology. The weights and measures which are numbers in which any transaction, delay, or contract in respect of any goods, class of goods or undertake any use of weight or measures for a particular purpose.
- Any transaction delaying or contract in respect of any goods, class of goods, or undertaking shall be made by such weights, measures, or numbers as may be prescribed.
Appointment of Director Legal Metrology
- The qualification of director and legal metrology officer Appointed by the Central Government may notify the followings:
- The appointed director of legal metrology,
- Additional director,
- Joint director,
- Deputy director,
- Assistant director, and
- Other employees for exercising the power and discharging the duties conferred or imposed on them by or under the act concerning the Interstate trade and commerce.
- The qualification of the controller and Legal Metrology Officer appointed by this state government may by notification appoint the followings:
- The controller of Legal Metrology,
- Additional controller
- Joint controller,
- Deputy Comptroller
- Assistant controller,
- Inspector, and
- Other employees for the state for exercising the power and discharging the duties conferred or imposed and then by or under the act concerning intrastate trade and commerce.
Duty of Legal Metrology Department
- The Legal Metrology Department may in the manner of disposal of goods where any goods seized is subject to speedy or natural decay the director, controller, or legal metrology officer may dispose of such goods in such a manner as may be prescribed.
- The Legal Metrology Department may seize the followings:
- Weights or measures of goods
- Any record,
- Register, or
- Other documents, or
- Which the officer of the Legal Metrology Department has reason to believe may furnish as evidence indicating that an offence punishable under the act has been likely to be committed in course of or concerning any trade or commerce.
- The standard quantities or numbers and their manner in which the package shall bear the LMPC declaration and the particulars that no person shall manufacture, pack, sell, import, distribute, deliver, offer, exposure poses for sale any pre-packaged commodity unless such package in such standard quantities or number. On such declaration and particulars in such a manner as may be prescribed under the act.
- Without the compliances of the manner of registration and without paying the fee that the registration for the importer of weights or measures, no person is allowed to import any weights or measures unless he has registered himself with the director in such a manner and on payment of such fees as may be prescribed.
Verification by Government Approved Test Center
The kinds of weights or measures the central government may prescribe and the kinds of weights and measures for which the verification is to be done through the Government Approved Test Centers under Legal Metrology. The terms and conditions on which the fee on payment which the central government shall notify the government approved test center or the state government as the case may be in such a manner on such terms and conditions and payment of such fee as may be prescribed.
The qualification and experience of a person appointed or engaged and the fee and terms and conditions on which Government Approved Test Center shall verify the weights of measures having such qualification and experience and collect such a fee on terms and conditions for verification of weights and measures to be done through the government approved test center as prescribed.
Fine in the Error of Net Quantity
- The error in net quantity by the manufacturer or Packer or importer of the commodity costs to be manufacture, pack or import any pre-packaged commodity with an error in the net quantity as may be prescribed shall be punished
- with a fine which shall not be less than 10,000, but
- which may extend to 50,000, and
- for the 2nd and subsequent offence the fine which may extend to rupees 1 lac or with imprisonment for a term which may extend to one year or with both.
- Fee for compounding of offences which are punishable under the act or any rule under the act either before or after the institution of the prosecution be compounded on payment for credit of the government of such sum as may be prescribed.
Liability of a Director of a Company
Form and manner in which notice from the legal metrology department to the director or the controller or any other officer authorised by him shall be given to any company by the order in writing. Company may authorised any of its directors for the following purpose:
- To exercise all such powers, and
- Take all steps as may be necessary, or
- Expedient to prevent the Commission by the company of and opens under the act, and
- May give notice to the director or the concerned controller of any legal metrology officer authorised in this behalf such as controller in such form and such manner as prescribed under the act.
- That it has nominated such directors as a person responsible along with the written consent of the director for being so nominated.