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.
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