What Are The Non-standard Weights Or Measures?
Any weights or measures used in India needs to be in accordance with the prescribed matric system of Indian Legal Metrology Act, 2009. To denote the weights, in India we use the measuring units of Gram, Kilogram etc. To denote the measurements, in India we use the measuring units of centimeters, meters etc. To indicate the weight of any item we do not use “Pound” as weighing unit whereas in other countries like in a European Continent Pound is widely used to denote the weight of any item but the use of Pound can be said as non-standard weights or measures because it is not prescribed under the Indian Legal Metrology System.
Why is the manufacturing of non-standard weight or measures prohibited? In what cases may it be allowed by the Government?
As we all are aware that the manufacturing of Non-Standard Weight or Measures cannot be registered, and the same is liable for the penalty if any case person is found dealing in the Indian Market with the non-standard weight or measure. However, there are certain exceptions to its registration for manufacturing Non-Standard Weight or Measure can be done if such Non-Standard Weight or Measure for Scientific Investigation.
Chapter VI of Legal Metrology (General) Rules, 2011 specifies that Non-Standard Weight or Measure are to be used for Scientific Investigation or Research. It means a weight or measure which is, or is proposed to be, manufactured any unit of weight or measure, other than a standard unit of weight or measure is specified under the Legal Metrology Act.
Manufacture who deals in a Standard weight and measure can deal in the Indian Market under the Act, but the manufacturer who takes the permission for the Non-standard weight or measure can only manufacture for the purpose of Scientific Investigation or Research or exclusively for imports.
Permission for Manufacturing Non-standard Weight or Measure
- The manufacturer who is dealing in any non-standard weight or measure for Scientific Investigation or Research has to make an application to the Central Government of India to get such non-standard weight or measure manufactured.
- After receiving the application from the manufacturer, the Central Government on its satisfaction that the manufacturing of such non-standard weight or measure is needed for Scientific Investigation only, may authorize the applicant to get the non-standard weight or measure manufactured by such manufacturer.
Registration of Manufacture Non-standard Weight or Measure
- There are certain conditions for the registration of manufacture the non-standard weight or measure exclusively for scientific research or scientific investigation shall apply to the weight or measures which are made or manufactured exclusively for scientific investigation or research only
- It is not allowed for any manufacturer to make non-standard measures unless he has obtained the previous permission from the Central Government of India.
- Any person who intends to manufacture any non-standard weight or measure only for scientific investigation or research shall make an application for the permission from the Central Government and the application has to be made to the Central Government only
Permission by Central Government to Manufacture Non-standard Weight or Measure
Applicants have to make an application to the Central Government for the registration of non-standard weight and measures.
The manufacturer or any person who intends to manufacture any non-standard weight or measure has to make an application to the Central Government to take the permission or registration for manufacturing non-standard weight or measure and such application should contain the followings:
- Name of the manufacturer
- Address of the manufacturer
- Location of the factory in which such weight or measure is proposed to be manufactured.
- The proper description of weight or measure proposed to the manufactured.
- Indicating the existence of a firm contract for the scientific investigation.
- Any other evidence indicating the existence of a firm contract for the scientific investigation, or
- Research which has turned into scientific investigation,
- Any other evidence indicating that there is likely to be a demand for the scientific investigation only in case:
- There is no such firm contract for scientific investigation or research,
- In absence of the Research on non-standard weight or measure,
- If any other document is not available with the manufacturer.
When Central Government Give Permission to Manufacture Non-standard Weight or Measure?
Central Government may grant the permission under the following situation:
- The Central Government may grant permission to the manufacturer only after getting satisfied with the facts of the application made by the applicant.
- Only if the Central Government gets satisfied with the documentary produced by the applicant, or
- Other evidence which is produced by the applicant, or otherwise
- After getting the proper satisfaction that the manufacturer or an applicant intent to manufacture such non-standard weight or measure for scientific investigation or research only, Central Government may grant the permission and authorize the manufacturer to manufacture such weight or measure.
When Central Government Can Cancel the Registration for Manufacturing Non-weightn or Measures?
The Central Government may cancel the permission for the registration for manufacturing non-standard weight and measure in the following circumstances:
- If the central government found that the applicant has contravened any terms and conditions of the permission.
- If the central government found that weight or measures manufactured by the applicant have found their way into the Indian market which means such weight and measurement are dealing into the Indian market instead of the scientific investigation.
- If the Central Government found that the applicant had made any statement in his application for permission which is false and incorrect in material particulars.
- If the central government found that the applicant has concealed some material facts, it may cancel the permission to manufacture the non-standard way to measure.
Validity of the Permission to Manufacture Non-standard Weight and Measure
- The validity of the permission given by the central government to manufacture any non-standard weight or measure is one year. However, the same can be renewed for another year on payment of the prescribed fee for the registration.
- The renewal of such registration can be done only if there is no refusal to renew a license shall be made by the Central Government except after giving the applicant one month’s notice of showing costs against the proposed action.
Quantity Statement of Non-standard Weight or Measure
Every applicant or the manufacturer who is granted permission under the act by the Central Government shall submit the statement at the end of the calendar year, statement shall include the following:
- The quantity of the non-standard weight and measures sold by him, and
- The particulars of the person to whom such sale has been made
A proper report shall be given to the Central Government at the end of the calendar year by the manufacturer of the non-standard weight or measures.
What are the consequences of manufacturing non-standard Weight and Measurement?
A person can take the permission from the Central Government if he is manufacturing the non-standard weight or measure only in the case where such non-standard weight or measure for scientific investigation, other than this reason no person or manufacturer can get permission from any authority of the country to manufacture the non-standard weight or measure.
If any person found guilty of manufacturing the non-standard weight or measure to deal in the Indian market shall be liable for the punishment and the fine under the act. After taking the permission from the Central Government to manufacture non-standard weight or measure if any applicant is found to deal in the Indian market or found guilty of hiding any fact or telling any wrong fact will lead to the cancellation of his registration or permission to manufacture the non-standard weight or measure for scientific investigation.