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SUS IS TRY OF CONSUMER APFALRS, FOOD ASE
PUBLIC DISTRIB TICES
(Department of Consumer Affairs)
MOF PIFIC ATION
New Delhi, tie 3 lat danuary, 20)
8.0. 270(E}.—In exercise af the powers conferred! by sub-section (3) of Section | of the Legal Metroloe, Ast, S000 (foot ZOU ine Central Gervernnicnt bore reseands the novhicanon of che Ciovernmen af lilia in tie Mintgtry af Consumer Affairs, Food and Public Uistitbulivns, Department of Consumer Airs, namber 5.0. 116), dared the 3 lst December, 2010, published in the Cravette of India, Part f, Section 3, sub-section (11), dated the [st January. 2011, hereby appoints the Ist day of April, 2011, the date on which ihe said Act. shall come inte force. [FON WT P20 1 OPA, |
RARESH KRACKER, Adal See,
Prinkes by dhe Mime, Govemment of India Pres, Ring Road, 'Moyepun, Mew Delhi- i ini and Published by the Controller af Publicaiions, Cathi- 11 00o4,
1
dae ee 2 Te — (TO eT 2003—08 REGISTERED NO. DL—(Nj04/0007/2003—09 Rd a
The Gazette e of Frdia
ceca eoREAa
wT Il— We 1
PART Il — Section 1
sifivenrt Bt anion
PUBLISHED BY AUTHORITY
F 1 ae feret, seeriran, saat 14, 2010 /24 Thy, 1931 No. 1] NEW DELHI, THURSDAY, JANUARY 14, 2010/24 Pausa, 1931 Sune
ee art 4 first yes trem orth t fired fie we aren avers Pome F can aT eet _ Separate paging is given to this Part in order that it may be filed as 2 separate compilation,
"MINISTRY OF LAW AND JUSTICE (Legislative Department) New Delhi, the l4rh January, 2010/Pausa 24, 1931 (Saxe) The following Act of Parliament received the assent of the President on the 13th January, 2010, and is hereby published for general information:—
THE LEGAL METROLOGY ACT, 2009
(No. 1 of 2010)
(13e tomer, 2010]
AnAct to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto.
Be it enacted by Parliament in the Sixticth Year of the Republic of India as follows:-— CHAPTER |
PRELIMINARY
1. (7) This Act may be called the Legal Metrology Act, 2009. Shon title, ex-
(2) Tt extends to the whole of India. pai ci
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appomt and different dates may be appointed for different provisions of this Act, :
2. Jit this Act, unless the context otherwise requires, — Definitions
(a) "Controller" means the Controller of Legul Metrology appointed under section 14;
(6) "dealer", in relation to any weight or measure, means @ person who, carries on, directly or otherwise, the business of buying, selling, supplying or distributing
2
THE GAZETTE OF INDIA EXTRAORDINARY [Past Il any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a Commission agent, an importer, a manufaciurer, who sells, supplics, distributes or otherwise delivers any weight or measure manufactured by him to any person other than a dealer;
(c) "Director" means the Director of Legal Metrology appointed under section 13:
(@) "export! with: it.2rammatical variations and cognate expressions, means taking out of India to-a:place-outside India;
(2) "import" with its: grammatital variations and cognate expressions, means bringing into India from a place outside India;
("label" means any written, marked, stamped, printed or graphic mamer affixed to, OF appearing upon any pre-packaged commodity,
(g) "Legal Metrology" mcans that part of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation«to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements;
(A) "legal metrology officer" means Additional Director, Additional Controller, Joint Director, Joint Controtler, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector appointed under sections 13 and 14, (') "manufacturer" in relation to any weight or measure, means a person wha —
(4) manufactures weight or measure, (fi) manufactures one or more paris, and acquires other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,
(i) does not manufacture any part of such weight or measure but assembles parts thereof manufactured by others and claims the end product te be a weight or measuré manufactured by himself or itself, as the case may be. (/¥] puts, or causes to be pul, his own mark on any complete weight or measure made or manufactured by any other person and claims such product to be a weight or measure made or manufactured by himself or itself, as the case Imay be: ,
; (/) *notification" means a notification published in the Official Gazette:
(&) "protection" means the utilisation of reading obtained from any weight or measure, for the purpose of determining any step which is required to be taken to safeguard the well-being of any human being or animal, or to protect any commadity, vegetation or thing, whether individually or collectively; (0 "pre-packaged commodity" ineans a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed of nol, so that the product contained therein has a pre-determined quantity,
(m) "person" includes, — :
(7) a Hindu undivided family,
(i) every department or office, (ui) every organisation established or constiluled by Government,
(iv) every local authority within the territory of India,
(v) a company, firm and association of individuals,
(vi) trust constituted under an Act,
3
Sec. 1] _ THE GAZETTE OF INDLA EXTRAORDINARY 3 (vil) every co-operative society, constituted under an Act,
(viii) every other society registered under the Socictics Registration 7L of 1860 Acct, 1840;
() "oremises™ includes—
(') a place where any business, industry, production or transaction is carried on by a person, whether by himself or through an agent, by whatever name called, including the person who carries on the business in such premises,
(i) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited,
(iif) a place where any books of account or other documents pertaining to any trade or transaction are kept,
(iv) a dwelling house, ifany part thereof is used for the purpose of carrying on any business, industry, production or trade,
(v) a vehicle or vessel or any other mobile device, with the help of which any tremsaction or business is carried on;
(a) "prescribed" means prescribed by rules made under this Act;
(p) "repairer" means a person who repairs a weight or measure and includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standards established by or under this Act;
\
(q) "State Government", io relation to a Union territory, means the Administrator thereof;
(r) "sale", with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other goods by one person to another for cash ar for deferred payment or for any other valuable consideration and includes a transfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other coods;
(5) "seal" means a device or process by which a stamp 1s made, and includes any wire or olher accessory which is used for ensuring the integrity of any stamp:
(f) "stamp" means a mark, made by impressing, casting, engraving, etching, branding, affixing pre-stressed paper sea] or any other process in relation to, any weight or measure with a view to—
(4 certifying that such weight or measure conforms to the standard © specified by or under this Act, or
(i!) indicating that any mark which was previously made thereon certifying that such weight or measure conforms to the standards specified by or under this Act, has been obliterated;
(i) "transaction" means,— ( any contract, whether forsale, purchase, exchan ge or any other purpose,
(i) any assessment of royalty, toll, duty or other dues, or (iif) the assessment of any work done, wages due or services rendered:
4
Provisieds of tis Act to wreride provi- sions Ol sy other law
Linits ay
weights wid ineasures fo be based on mmel- mig systent Base unit ob weights and
MGRAUTES.
Base uk ef Ape aE Lo Standard winits af weights and
MYSSLTCS.
Stundard weizht, Hgas re We Huineral - THE GAZETTE OF INDIA EXTRAORDINARY a tt a a
[Part Ll-=
iv) "verification", with its grammatical variations and cognate expressions, includes, in relation to-any weight or measure, the process of comparing, checking, testing or adjusting suctr weight or measure with a view to ensuring thal such weight or measure conforms to the standards ¢stablished by or under this Act and also includes re-verification and calibration:
(w) "weight or measure" means.a weight or measure specified by or under this Act and includes a weighing or measuring instrument.
3. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other, than this Act.
CHAPTER
STANDARD WEIGHTS AND MEASURES
4, Every unit of weight or measure shal! be in accardance with the metric system based on the international system of wnits,
§,(/) The base-unit of —
(f) length shall be the metre; Cif} mass shail be the kilogram; (iif) time shall be the second;
(iv) electric current shall be the ampere;
(v) thermodynamic temperature shall be the kelvin; (vj) luminous intensity shall be the candela; and (vif) amount of substance shall be the mole. (2?) The specifications of the base uniis mentioned in sub-section (7), derived units and other units shall be such as may be prescribed.
6. (2) The base unit of numeration shall be the unit ofthe international form of Indian numerals.
{2) Every numeration shall be made in accordance with the decimal system.
(3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as may be prescribed.
7. (/) The base units of weights and measures specified in section 5 shall be the standard unils of weights and measures,
(2) The base unit of numeration specified in section 6 shall be the standard unit of numeration,
(3) For the purpose of deriving the value of base, derived and other units mentioned in section 5, the Central Government shall prepare or cause to be prepared objects or equipments in such manner as may be prescribed,
(4) The physical characteristics, configuration, constructional details, materials, equipments, performance, tolerances, period of re-verification, methods or procedures of lests shall be such as may be prescribed.
8. (2) Any weight er measure which conforms to the standard unit of such weight or measure and also conforms to such of the provisions of section 7 as are applicable to it shall be the standard weight or measure.
5
ed MO oo
THE GAZETTE OF INDIA EXTRAORDINARY 2
= paeeera
(2) Any numeral which conforms to the provisions of section 6 shal! be the standard numeral.
(3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used ss a standard weight, measure or numeral.
if) No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8:
Provided that provisions of this section shall not apply for manufacture done exclusively for export or for the purpose of any scientific investigation or research, 9, (7) The reference standards, secondary standards and working standards of weights and measures shall be such as may be prescribed.
(2} Every reference standard, secondary standard and working standard shall be verified and stamped in such manner and after payment of such fee as may be prescribed,
(7) Every reference standard, secondary standard and working standard which is not verified and stamped in accordance with the provisions of sub-section (2) shall not be deemed to be a valid standard.
10. Anv transaction, dealing or contract in respect of any goods, class of goods or undertakings shall be made by such weight; measure or number as may be prescribed.
11. (7} No person shall, in relation to any goods, things or service,—
(a) quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or
(+) issue of exhibit any price list, invoice, cash memo or other document, or (¢) prepare or publish any advertisement, poster or other document, dr
(4) indicate the net quantity of a pre-packaged commodity, or
(2) express in relation to any transaction or protection, any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure or numeration.
(2) The provisions of sub-section (/)}-shall not be applicable for export of any ganda, things or service,
12. Any custom, usage, practice or method of whatever nature which permits a person to demand, receive or cause to be demanded or received, any quantity of article, thing or service in excess of or less than, the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing or service, shall be void.
CHAPTER IIL
APBGINTMENT AND PowsRSs OF Dinector, CONTROLLER AND LEGAL METROLOGY OFFICERS
13. (7) The Central Government may, by notification, appoiat a Director of legal metrology, Additional Director, Joint Director, Deputy Director, Assistant Director and other employees for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to inter-State trade and commerce.
(2) The qualifications of the Director and legal metrology officers appointed under sub-section (/) shall be such as may be prescribed, ,
(3) The Director and every legal metrology officer, appointed under sub-section (7), shall exercise such powers and discharge such functions in respect of such local limits as the Central Government may, by notification, specify.
(4) Every legal metrology officer appointed under sub-section (/') shall exercise powers and discharge duties under the general superintendence, direction and control of the Director, Reteranga, rec
ondary and
working Slan-
dard,
Use of weight
ar méasure for
particular puae-
peses
Prohibition. of
guotation, etc.,
otherwise than
in terms af
standard untts
of werglet,
mcasure or
TTT rat as
Any custom,
Spee, he.
COMETaAry oO
slandard weight,
meashre oF
nhomeration ti
be vend
7
Appomiment of Director, irgal
metrology ofticers and other
enmiploveds,
6
[c h THE GAZETTE OF INDIA EXTRAORDINARY [Paxr li—
(5) The Director, the Controller and every legal metrology officer authorised to perforin any duty by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. Aas Be
(6) No suit, prosecution or other legal proceeding shall lie against the Director, the Controller and legal metrology officer authorised to perform any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made thercunder,
(7) The Central Government may, with the consent of the State Government and subject to such conditions, limitations and restrictions ag it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal metrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fitte any legal metrology officer and where any such delegation of powers is made by such Controller, the person to whom such powers are delegated shall exercise thase powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation.
(3) Where any delegation of powers is made under sub-section (7), the powers so delegated shall be exercised under the general superintendence, direction and guidance of the Director.
Appointment 14, (/) The State Government may, by notification, appoint a Controller of legal = aes inetrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, meaclauy inspector and other employees for the State for exercising the powers and discharging aficers.ang the duties conferred or imposed on them by or under this Act in relation to inira State athes trade and commerce,
employees
(2) The quatifications of the Controller and egal metrology officers appointed under sub-section (/) shall be such as may be prescribed,
(2) The Controller and every legal metrology officer, appointed under sub-section (/), shall exercise such powers and discharge such functions in respect of such local limits as the State Government may, by notification, specify.
*~ (4) Every legal metrology officer appointed under sub-section (J) shall exercise and discharge the duties under the general superintendence, direction and conical of the Controller. Power of 15. (/) The Director, ControWer or any legal metrology officer may, if he has any wae at reason to believe, whether from any information given to him by any person and taken down Sv Rrnlsea in writing or ftom personal knowledge or otherwise, that any weight or measure or other goods in relation to which any trade and commerce has taken place or is intended to take place and in respect of which an offence punishable under this Act appears to have been, or is likely ta be, committed are cither kept or concealed in any premises or are in the course of transportation,—
(a) enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating therete;
(b) seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable under this Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce.
(2) The Director, Controller or any legal metrology officer may also require the production ofevery document or other record relating to the weight or measure referred to in sub-section (/) and the person having the custody of such weight or measure shall comply with such requisition.
7
2 of 1974. 60 of 1976 Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(3) Where any goods seized under sub-section (/) are subject to speedy or natural decay, the Director, Controller or legal metrology officer may dispose of such goods in such manner as may be prescribed.
(4) Every search or seizure made under this section shall be carried out in accordance with the provisions of the Cede of Criminal Procedure, 1973, relating to searches and seizures.
16. (/) Every non-standard or unverified weight or measure, and every package made in contravention of section 18, used inthe course of, or in relation to, any trade and commerce ane seized under section 15, shall be liable to be forfeited to the State Government:
_ Provided that such unverified weight or measure shall not be forfeited to the State Government if the person from whom such weight or measure was seized gets the same verified and stamped within such time as may be prescribed.
(2) Every weight, measure or other goods seized under section 15 but not forfeited under sub-section (/}, shall be disposed of by such authority and in such manner as may be prescribed.
17, (7) Every manufacturer, repairer or dealer of weight or measure shall maintain such records and registers as may be prescribed.
(2) The records and registers maintained under sub-section (/) shall be produced at the time of inspection to the persons authorised for the said purpose under sub-section (/) of section 15,
18, (/) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed,
(2) Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in such form and manner as may be prescribed.
19, No person shall import any weight or measure unless he is registered with the Director in such manner and on payment of such fees, as may be prescribed.
20. No weight or measure, whether singly or as a part or component of any machine shal! be imported unless it conforms to the standards of weight or measure established by or under this Act
Zi. (/) For imparting training in Legal Metrology and other allied branches of knowledge the "Indian Institute of Legal Metrology" (hereinafter referred to as the
"Institule") established under the provisions of the Standards of Weights and Measures Act, 1976, shall be deemed to have been established under the corresponding provisions of this Act,
(2) The management and control of the Institute, the teaching staff and other employees, the courses and curricula-for training thereat, the qualifications, which a person shal! possess in order to be eligible for admission thereto shall be such as may be prescribed.
22. Every person, before manufi facturing or importing any weight or measure shall seek the approval of model of such weight or measure in such manner, on payment ofsuch fee and from such authority as may be prescribed:
Provided that such approval of model may not be required in respect of amy cast iron. brass, bullion, or carat weight or any beam scale, length measures (not being measuring tapes) which are ordinarily used in retail trade for measuring textiles or timber, capacity measures, not exceeding twenty litre in capacity, which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors:
Forfeliure.
Manufac-
turers, etc,, to
rina tis id
records and
repigners,
Declarations
On Pree
packaged
commaditics,
Rewistration
for importer
af wight of
mrasure
Non-standard
weights and
mtakures mol
to be impored.
Training in
Legal
Meirolozy.
Approval of
model
8
Nehibition on
Manufacture, repair or sale of weight or MEMS ure
WEA
ligence Verificalon and saimping ol weight or Meher
Penalty tur use of now
dandard weiglll Of measure. Punalty | fot altuvation of Weight and
Migasure,
Penaliy for Minufeciane of dale of won stindard weight ur mcasure. hy THE GAZETTE OF INDLA EXTRAORDINARY [Paxr LI— Provided further that the prescribed authority may, if he is satisfied that the model of any weight or measure which has been approved in 4 country outside India cantorms to the standards established by or under this Act, approve such model without any best or afler such test as he may deem fit.
23. (/}) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a licence issued by the Controller under sub- section (2):
Provided that no licence to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the, State of manufacture of the same,
(2) For the purpose of sub-section (/), the Controller shall issue a licence in such form and manner, on such conditions, for such period and'such area of jurisdiction and on payment of such fee as may be prescribed.
CHAPTER IV
VERIFICATION AND STAMPING OF WEIGHT OR MEASURE
24, (/) Every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or is likely to be, used by him in any transaction or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the Controller may, by general or special order, specify in this behalf, on payment of such fees as may be prescribed.
=<
(2) The Central Government may prescribe the kinds of weights and measures for which the verification is to be done through the Government approved Test Centre.
(3) The Government approved Test Centre shall be notified by the Central Government or the State Government, as the case may be, in such manner, on such terms and conditions and on payment of such fee as may be prescribed.
(#) The Government approved Test Centre shal! appoint or engage persons having such qualifications and experience and collect such fee on such terms and conditions for the verification of weights and measures specified under sub-section (2) as may be prescribed. CHAPTER ¥
OFFENCES AND PENALTIES
25. Whoever uses or keeps for use any weight or measure or makes usc of any numeration otherwise than in accordance with the standards of weight or measure or the standard of numeration, as the case may be, specified by or under this Act, shall be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for aterm which may extend to six months and also with fine. = *
26. Whoever wnipers with, or alters in any way, any reference standard, secondary standard or working standard or increases or decreases or alters any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby, except where such alteration is made for the correction of any error noticed therein on verification, shall be punished with fine which may extend to fifty thousand rupees and for the second and subsequent offence with imprisonment for aterm which shall not be less than six months but which may extend to one year or with fine or with both.
27. Every person who manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or measure which,—
(a) does not conlorm to the standards of weight or measure specified by or under this Act, or
(6) which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight, measure or numeration specified by or uncer this Act,
9
Sec. 1} =——_
THE GAZETTE OF INDIA EXTRAORDINARY 9
except where he is permitted to do so under this Act, shall be punished with a fine which may extend to twenty thousand rupees and for the second or subsequent offence with inprisonment for aterm which may extend to three years or with fine or with both, 28, Whoever makes any transaction, deal or contract in contravention of the standards of weights and measures specified under section 10 shall be punished with fine which may extend te ten thousand rupees and for the second or subsequent offence, with imprisonment fora term which may extend to one year, or with fine, or with both, 29, Whoever violates section |! shall be punished with fine which may extend to ten thousund rupees and, for the second or subsequent offence, with Imprisonment for a term which may extend to one year, or with fine, or with both.
au, Whoeyer—
(a2) in selling any article or thing by weight, measure or aumber, delivers or cuuses to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted far or paid for; or
(5) in rendering any service by weight, measure or number, renders that service less than the service contracted for or paid for; or
(c) in buying any article or thing by weight, measure or number, fraudulently receives, or causes to be received any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or
(a) in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for or paid for,
shall be punished with fine which may extend to ten thousand rupees, and, for the second or suosequent offence, with imprisonment fora term which may extend to one year, or with fine, or with both.
31. Whoever, being required by or under this Act or the rules made thereunder to submit returns, maintain any record or register, or being required by the Director or the Controller or any legal metrology officer to produce before him for inspection ary weight or Incasure or any document, register or other record relating thereto, omits or fails without any reasonable excuse, soto da, shall be punished with fine which may extend to five thousand rupecs and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. ,
32, Whoever tails or omits to submit model of any weight or measure for approval, shall be punished with fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.
33, Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified weight or measure shall bé punished with fine which shall not be less than two thousand rupecs but which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for aterm which may extend to one year and also with fine. 34, Whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity. article or thing by any means other than the standard weight or measure or number, shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or-with fine, or with both.
Penalty for
Making any
trengderion,
deal ov
COMED li
Com raven-
Hon oF the
preserthed
Slanudards
Penalty for
CML ae or
pulblisining, cie.,
oF naui-standand
unity
Penalty for
TANSSClLOns 14
contravention
of standard
weal Or
measure :
Penalty fer,
mot
production af
documents,
ele
Penalty for
failure Lo pel
madel
approved
Ponalty for use
of unverified
weigit or
TMewsiire
Penalty for
sale or
délivery of
commodities,
etc., by nan
standard
weight of
TEP Serre
10
Penally for rendering services by non-¢faridard weiplit,
TNCHAUEe OF Mumber
Penalty for selling, dic., of Honsstandard _ Rachages
Penalty for
CONEY EE
hon by Government uppraved Test Centre
Penalty for 1h
reE station by importer of weight or
mezgure
Penalty for Eripert wt anette standard weignt O7 Measure
~ Penalty to obstructing
Dircctur,
Controller ar egal
metrology
offices,
Penalty for
"wiving faise Information or (alae eluiret. THE GAZETTE OF [INDIA EXTRAORDINARY {Part il—
35. Whoever renders or causes to bé rendered, any service through imeans other than the weight or measure or numeration or in terms of any weight, measure or number other than the standard weight or measure, shall bo punished with fine which shall net be less than two thousand rupees but which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both.
34. (/) Whoever manufactures, packs, imports, sells, distributes. delivers or otherwise transiers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transterred, offered, exposed for sale any pre-packaged commodity which does not confarm to-the declarations on the package as provided in this Act, shall be punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for aterm which may extend to ane year or with both.
(2) Whoever manufactures or packs or imporis or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in nel quantity as may be prescribed shail be punished with fine which shall net be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with fine waich may extend to one lakh rupees or with imprisonment fora term which may extend to one year or with both.
37. (J) Where any Government approved Test Centre contravenes any of the provisions of this Act or the rules made thereunder, or the conditions of the licence, it shall be punished with fine which may extend to one lakh rupees,
(2) Where any owner or employes of a Government Approved Test Centre performing duties in accordancé with the provisions of this Act or the rules made thereunder, wilfully verifies or slamps any weight or measure iq contravention of the provisions of this Act or the ' tules made thereunder, he shall, for every such contravention, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand mupees or with both.
38. Whoever imports any weight or measure without being registered under this Act shall be punished with fine which may extend to twenty-five thousand rupees and for the seCONd of subsequent offence, with imprisonment for aterm which may extend lo six menths, or with fine, or with both.
39. Whoever imports any non-standard weight or measure shall be punished with fine, which may extend to fifty thousand rupees and for the second or subsequent offence, with imprisanment lor a term which may extend to ane year and also with fine.
40. Whoever obstructs the Director, the Controller or an; . gal metrology officer with intent to prevent or deter the Director or the Controller or any legal metrology officer from exercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or the Controller or any legal metrology officer in the jawtul excrcise of his powers or discharge of his functions as such, or whoever obstructs the entry of the Director or the Controller or any legal metrology officer into any premises for inspection and verification of any weight or measure or any document or record relating thereto or the net contents of any packaged commodity or for any other purpose shall be punished with imprisonment fora term which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years.
41. (/) Wheever gives any information to the Director, the Controller or any legal metrology officer, which he may require or ask for in the course of his duty, and which such person either knows or has reason to believe to be false, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to six months and also with fine.
(7) Whoever, being required by or under this Act so to do, submits a return or maintains any record or register which is false in material particulars, shall be punished with fine which may extend to. five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.
11
43 of 1860
= Sr. 1] THE GAZETTE OF INDIA EXTRAORDINARY a
42. The Director, the Controller or any legal metrology officer, exercising powers under = Vexatious this Act or any rule made thereunder, who knows that there are no reasonable grounds for sa searct, doing, and yet— :
(a) searches, Or causes lo be searched, any house, conveyance or place; or (#) searches any person; or
(c} seizes any weight; measure er other movable property; shall, for every such offence, be punished with imprisonment fora term which may extend to one year, or wilh fine which may extend to ten thousand rupees or with both, 43, Where the Controller or any legal metrology officer exercising powers under this Penalty Act or any rule made thereunder, wilfully verifies or stamps any weight or measure, in verification contravention of the provisions of this Act or of any rule made thereunder, he shall, for every such offence, be punished with imprisonment for a term which may extend te one year, or 1. with fine which may extend to ten thousand rupees or with both.
44. (/) Wheever— Penalty for 3 : : z lorteiti (é) counterfeits any seal specified by or under this Act or the rules made Ce yy ote thereunder, or
(ii) sells or otherwise disposes of any counterfeit seal, or (iif) possesses any counterfeit seal, or
(iv) counterfeits or removes or tampers with any stamp, specified by or under this Act or rules made thereunder, or
(v) affixes the stamp so removed on, or inserts the same into, any other weight or measure,
shall be punished with imprisonment for aterm which shall not be less than six months but which may extend to one year and for thesecond or su bsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years. {xplanation,—In this sub-section , "counterfeit" shall have the meaning assigned to it in section 28 of the Indian Penal Code.
(2) Whoever obtains, by unlawful] means, any seal specified by or under this Act or the rules made thercunder and uses, or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seul is authorised by or under this Act or the rules made thereunder shall be punished with imprisonment for aterm which shall not be less than six months but which may extend to ore year and for the second or subsequent offence, with imprisonment for a term which sha!l not be less than six months but which may extend to five years.
(3) Wheever, being in lawful possession ofa seal specified by or under this Act or the rules made thereunder, uses, or causes to be used, such seal without any lawful authority for such usé, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment fora term which shal! not be less than six months but which may extend to five Wwhors.
i+) Whoever sells or offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe, bears thereon @ counterfeit stamp, shall be punished with imprisonment for a term which shall not be less than six months but which imay extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.
45. Whoever, being required to obtain a licence under this Act or the rules made Penalty for for
in
contravention
of Act end
ne
thercunder, manufactures, without being in possession of a valid licence, any weight or manufacture measure, shall be punished with fine which may extend to twenty thousand rupees and for 'deans the second or subsequent offence, with imprisonment fora term which may extend to one viour year, or wilh fine, or with both. licence.
of weight and
Penaley tor repair, sale, ete. oF weight and measure without
licence.
Purdeley for tampering wills Ligenee
Compounding uf ullences Gtfenses, by Guimpaties and power af gourt Lay pia edisdi haine, place of business, ele, Tor Companies convicted.
|
ot
hl
THE GAZETTE OF INDIA EXTRAORDINARY
se ahem aren eared
[Parr il—
46. Whoever, being required to obtain a lisence under this Actor the rules made thereunder repairs ar sells or offers, exposes or possesses for repair or sale, ary weight or measure, without being in possession ofa valid licence, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. 47, Whoever alters or atherwise tampers, with any licence issued or renewed under this Act or rules made thereunder, otherwise than in accordance with any authorisation made by the Controller in this behalf, shall be punished with fine which may extend to twenty thousand rupees, or with imprisonment fora term which may extend to one year or with both.
48. (!) Any offence punishable under seclion 24, sections 27 to 39, sections 43 i047, Or ay rule made under sub-section (7) of section 42 may, either before or alter the institution of the prosecution, be compounded, on payment for credit te the Government of such sum as nay be prescribed.
(2) The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) of section $2.
(3) The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 ta 47 and any rule made under sub-section (3) of section $2:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded.
(4) Nothing in sub-section (/) shall apply to person who commits the same or similar offence, within a period of three years from the date on which the first aftence, committed by him, was compounded.
Explanation.—For the purposes of this sub-section, any second or subsequent offence committed alter the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence.
(3) Where an offence has been compounded under sub-section (/}, no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded.
(6) No offence under this Act shall be compounded except as provided by this section,
49. (/) Where an offence under this Act has been committed by a company,—
(a) (4) the person, iPany, who has beer nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereinafter in this section referred to as a person responsible); or
(i) where no person has beer nominated, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company; and
(4) the company, shall be deemed to be guilty of the offence and shall be liable io be proceeded against anc punished accordingly:
Provided that nothing contained in this sub-seclion shall render any such liable to any punishment provided in this Act if he proves that the offence was c without his knowledse and that he txercised all due diligence to prevent the cr such offence,
(2) Any company may, by order in writing, authorise any of its dir such powers and take all such steps as may be necessary or ex commission by the campany of any offence under this Act ar Director or the concerned Contraller ar ary legal metrology of"
13
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY _ AB by such Controller (hereinafter in this section referred to as the authorised officer) in such form and in such manner as may be prescribed, that it has nominated such director as the person responsible, alongwith the written consent of such director for being 30 nominated. Explanation —Where a company has different establishments or branches or different units in any establishment or branch, differeng persons may be nominated under this sub- section in relation to different establishments or branches or units and the persan nominated in relation ta any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, branch of unit.
(3) The person nominated under sub-section (2) shall, until— () further notice cancelling such nomination.is received fram the company by the Director or the concerned Controller or the authorised officer; or
(77) he ceases to be a director of the company; or (éir) he makes a request in writing to the Director or the concerned Controller or the legal metrology officer under intimation to the company, to cance! the nomination, which request shall be complied with by the Director or the concerned Controller or the legal metrology officer,
whichever is the earliest, continue to be the person responsible:
Provided that where such pérson ceases to be a director of the company, he shall intimate the tact of such cessation to the Director or the concerned Controller or the authorised officer: =
Provided further that where such person makes a requést under clause (iff) the Director or the concerned Controller or the authorised officer shall not cance! such nomination with cffect from a date earlier than the date on which the request is made.
(4) Notwithstanding anything contained in the foregoing sub-sections, where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, cr is attributable to the neglect on the part of, any director, manager, secretary or other officer, not being a person nominated under sub-section (2), such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished ncwordingly
(3) Where any company is convicted under this Act for contravention of any of the provisions thereof, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspaper or in such other manner as the courl may direc. ~
(6) No publication under sub-section (5) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed off.
(7) The expenses of any publication under sub-section (5) shal! be recoverable from the company as if it were a fine imposed by the court.
Explanation.—For the purposes of this section,—-
{a} "company" means any body corporate and includes a 'firm or other association of individuals; and
(4) "director", in relation to a firm, means a partner in the firm but excludes nominated directors, honorary directors, Government nominated directors.
50. (/) Subject to the provisions of sub-section (2),-an appeal shall lie, —
(a) from every decision or order under sections 15 t0 20, section 22, section 25,. sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52 by the legal metrology officer appointed under section 13, to the Director; Appeals.
14
Frovisiaas ol Indian Pere] Cok anal
Code of
Criminal
Procedure AOb to apply. Power of the Central
Government to make sules.
14 THE GAZETTE OF INDIA EXTRAORDINARY [Past [l— —
(4) from-every decision or order made by the Director of Legal Metrology under sections 15 to 20, section 22, section 25, sections 27 to 39, section 4| or any rule made under sub-section (3) of section 52, to the Central Government of any officer speciaily authorised in this behalf by that Government; =~
(e) ftom every decision given by the Controller of Legal Metrology under delegated _ powers of Director Legal Metrology to the Central Government; (d@) from every decision viven or order made under sections 15 to 18, sections 23 to 24, sections 27 to 37, sections 45 to47 or any rule made under sub-section (2) of section 52 by any legal metrology officer appdinted under section | 4, to the Controller; and
Ce) from every decision given or order made by the Controller under sections | 3 to 18, sections 23 to 25, sections 27 to 37, sections 45 ta 47 or any rule made under sub- section (3) of section 52 not being an order made in appeal under clause (a). ia the State Government or any officer specially authorised in this behalf by that Government
(2) Every such appeal} shail be preferred within sixty days from the date on which the impugned order was made:
Provided that the appellate authory may, if it is satisfied that the appellant wus prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant te prefer the appeal within a further period of sixty days.
(3) On receiprofany such appeal, the appellate authority shall, after giving the parties io the appeal, a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, moditying or reversing the decision or order appealed against or may send back the case with such direction as it may think fit for a fresh decision or order aller taking additional evidence, if necessary.
(4) Every appeal shall be preferred on payment of such fees, as may be prescribed.
(3) The Central Government or the State Government, as the case may be, may on its own motion or otherwise, call for and examine the record of any proceeding including a proceeding in appeal in which any decision or order has been made, for the purpose of satisfying itself as ta the correctness, legality or propriety of such decision or order and may pass such orders thercon as it may think fit:
Provided that no decision or order shall be varied under this sub-section go as Ly orejudicially affect any person unless such person has been given a reasonable opportunity of showing cause against the proposed action.
31. The provisions of the Indian Penal Code and section 133 of the Code of Criminal Procedure, 1973 in so far as such provisions relate to offences with regard lo weight or measure, shall not apply to any offence which is punishable under this Act.
52. (/) The Central Government may, by notification, make rules for carrying out the provisions of this Act, -
(2) [nm particular, and without prejudice to the generality of the foregoing power, such Tules may provide for all or any of the following matters, namely;—
(a) the specification of the base units of measures and base unit of mass under sub-section (2) of section 3:
(4) the manner of preparation of objects and equipunents under sub-section (7) of section 7;
(c) physical characteristics, conliguretion, constructional details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests under sub-section (4) of section 7;
(d) reference standards, secondary standards and working standards of weights and measures under sub-section (/) of section 9;
$35 uf PREG.
2a? 1974.
15
Sec. I] THE GAZETTE OF [INDIA EXTRAORDINARY 15 — a =
— aris
(e) reference standards, secondary standards and working standards shall be verified and stamped and the fee under sub-section (2) of section 9; (} the weight or measure or number in which any transaction, dealing, or contract in respect of any goods, class of goods or undertakings shall be made under section I);
(#) the qualifications of the Director and legal metrology officers under sub- section (2) of section 13;
(#) the qualification of the Controller and legal metrology officers under sub- section (2) of section t4;
(4) the manner of disposal of goods under sub-section (3) of section 15; (/) the standard quantities or number and the manner in which the packages shall bear the declarations and the particulars under sub-section (7) of section 18:
(x) the manner and registration and the fee under section 19; (/) the management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a + person shall possess in order to be eligible for admission thereto under sub-section (2) ol secon 21:
(im) the manner, fee and authority for approval of models under section 22; {ar} the kinds of weights or measures under sub-section (2) of section 24:
(o) the manner in which, terms and conditions on which and fee on payment which the Central Government shall notify the Government approved Test Centre under sub-section (3) of section 24;
(p) the qualifications and experience of persons appointed or engaged and the fee and terms and conditions on which Government approved Test Centre shall verify the weight or measure under sub-section (4) of section 24; (@) the error in net quantity under sub-section (2) of section 36; (ri fee for compounding of offence under sub-section (/) of section 48;
(s) form and manner in which notice to the Director or the Controller or any other officer authorised by hum shall be given under sub-section (2) of section 49.
(3) In making any rule under this section, the Central Government may provide that a breach ihereot shall be punishable with fine which may extend to five thousand rupees. (+) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before cach House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.
53. (/) The State Government may, by notification, and after consultation with the Central Government, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (@) the time within which the weight or measure may be got verified under provsio to sub-section (/) of section 16;
(©) registers and records to bg maintained by persons referred to under sub- seclion {/)of section 17
{c) the form, manner, se SORIONE, period, area of jurisdiction and fees for issuance of licence under sub-section (2) of section 23;
Power of
Srate
Ooaverninent
te make roles
16
Delegation of Powers
AGt mor to apply ii
Cerin Vases Existing
Direstor, Controller fe legal
metrology officer not ta be allevied by the new
qualification to he
prescribed. Repeal of the Standards of Weights and Micasures Ack 1976 and
Standunds of Weights and Wisisunes
(Entorcemens) Act, 1985.
THE GAZETTE OF INDIA EXTRAORDINARY
———
(#) fee for verification and stamping of any weight or measure under sub-section (/) of section 24;
(¢) manner of notifying Government approved Test Centre, terms and conditions and fee to be paid under sub-section (3) of section 24:
(/) fee for compounding of offences under sub-section (/) of sectian 48.
(3) In making any rule under this section, the State Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees.
. (4) The power to make rules under this section shall be subject to the condition of the rules being made after er previous publication in Official Gazette. = — a ae ~ genio tat ——
(5) Every rule made under this section shall, as soon as may be after it is made, be laid before each House of State Legislature, where there are two Houses and where there is ane House of State Legislature, belore that House.
54. (/) The Central Government may, in consultation with the State Government and by notification, direct that any power exercisable by it under this Act or any rule made there- under, net being a power conferred by section $0 relating to appeal or section 52 relating ta power to make rules, in relation to such matters and subject to such conditions as may be specified, may be exercised also by such officer subordinate to it as may be specified in the notification.
(2) Subject to any general or special direction or candition imposed by the State Government, any person authorised by the Central Government to exercise any powers may exercise those powers in the same manner and to the same extent as if they had been conferred on that person directly by this Act and not by way of delegation.
55. The provisions of this Act, in so far as they relate to verification and stamping of weights and measures, shall not apply to any weight or measure, —
(a) used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, for the use of the Armed Forces of the Union;
(4) used for scientific investigation or for research, (¢) manufactured exclusively for export.
56. (/) Every Director, Controller and legal metrology officer appointed immediately before the commencement of the rules made under this Act, shall be deemed to have been appointed under sub-section (/) of sections 13 and 14, notwithstanding any rule prescribing different qualifications,
(2) The rules nade by a State Government under the Standards of Weights and Measures (Enforcement) Act, 1985 which are in force immediately before the commencement of this Act shall remain in force until the Siate Government, makes rules in that behalf. oe
'
57. (/) The Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985, is hereby repealed,
(2) Without prejudice to the provisions contained in the General Clauses Act, 1397, with respect to repeals, any notification, rule or order made under the Standards of Weighis and Measures Act, 1976.and the Standards of Weights and Measures (Enforcement) Act, 1985, shall, ifin force, at the commencement of this Act, continue ta be in force and have effect as if it was made under the corresponding provision of this Act. oo of
a4 07 19a
as |
60 of
54 af
155
e746 isy7 hav
JWR
17
See. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17
(3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, Certificate, netice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions af this Act,
V.K. BHASIN,
Secy. ta the Gove. of India.
PRINTED BY THE GENERAL MANAGER, GOVT, OF INDIA PRESS, MINTO ROAD, NEW DELHI
AND PUBLISHED BY THE CONTHOLLER OF PUBLICATIONS, GELHI—2614, GMGIPMRND— 11461 S55)—22-01-2010,
18