Legal Metrology Department

[Perfection]

The Legal Metrology Act, 2009 has been passed by the Parliament of India on January 13, 2010. The related rules are

• The Legal Metrology (Packaged Commodities) Rules, 2011
• The Legal Metrology (General) Rules, 2011
• The legal Metrology (National Standards) Rules, 2011
• The legal Metrology (Numeration) Rules, 2011
• The Legal Metrology (Approval of Models) Rules, 2011
• The Indian Institute of Legal Metrology Rules, 2011

The new Act & Rules will replace the old Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enf) Act, 1985.

Salient features

1. The new Act stresses the importance of the usage of standard unit and symbols - like kilogram (kg), carat (c), milligram (mg), litre (l), tonne (t), metre (m) etc.

2. Manufacturing, selling or importing pre-packaged commodities without mandatory declarations as per rule 6 of LM (PC) Rules, 2011 - Sec 18(1) r/w 36(1) Fine of Rs 25,000 for the first offense. Fine upto Rs 50,000 for 2nd offense and Rs. 50,000 to 1,00,000 for subsequent offense and or 1 year imprisonment.

3. A manufacturer may repair his own weight or measure in a state where he holds no license.

4. Appointment of Government approved Test Centers for verification of weights and measures.

Consumer Protection is the main motto of Legal Metrology Department.

[Perfection]

The Legal Metrology (Packaged Commodities) Rules, 2011

Packages leaving the manufacturers' premises require all the mandatory declarations.

Stickers not to be used for making mandatory declarations on a package - rule 6(3).

Homeopathy, Unani, Sidha, Ayurvedic medicine packages are covered by this rules.

Allowing the companies to nominate a person who will be held responsible for breach of provisions of the Act, simplified definition of Packaged Commodity and more stringent punishment for violation of provisions.

Nomination by the director of a firm
(rule 29 of Legal Metrology (General) Rules, 2011)

A company may inform the Director or the concerned Controller or his authorized officer, by notice in duplicate, containing the name and address of the Director, who has been nominated by it under sub-section (2) of Section 49 of the Act to be in-charge of and responsible to the company for the conduct of the business of the company or any establishment, branch or unit thereof.

The nomination will not be valid unless the Director who has been so nominated, gives his consent in writing and has affixed his signature, in duplicate in token of such consent.

Penalty

Rule 27 to 31 r/w rule 32(1) : Any one who pre-packs or imports any commodity for sale is required to be registered within 30 days of commencement of pre-packing or importing. Fine of Rs 4000.

Other rule violation r/w 32(2) : Fine of Rs 2000

Packer Registration fee Rs 500. Amendment fee Rs 100.