Kerala Legal Metrology (Enforcement) Rules, 2012

[Perfection]

Kerala Legal Metrology (Enforcement) Rules, 2012 has come into force in the State of Kerala as per G.O.(Ms) No. 584/2012/CAD dated 20th July 2012.

Salient points :

Licence

rule 11 : Every licence is issued for a calendar year and may be renewed for a period of one to five years by the Controller or such other authorised officers. Every manufacturer/repairer/Dealer in weight or measure has to renew his licence within 30 days before the expiry of validity of licence after submitting an application in prescribed form along with prescribed fee.

Annual licence fee

manufacturer/repairer/Dealer : Rs 5000
repairer (mechanical only) : Rs 1000

Every licence issued shall be displayed at the trade premises.

No licnece to repair shall be required by a manufacturer to repair weight or measure manufactured by him.

Licence holder has to maintain registers in the prescribed proforma. Quarterly returns has to be filed with the Controller.

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Stamping of weight or measure

rule 15 : The Legal Metrology Officer (LMO) shall collect the fee in advance for testing and verification and if satisfied with the instrument's performance, mark number emblem (Officer identification), year and it's quarter of stamping on the weight or measure. On completion of verification and stamping, he shall issue a certificate of verification to the user.

If the certificate of verification is lost, duplicate has to be obtained on payment of a fee of Rs 100.

rule 19 : A weight or measure can be repaired by a licencee or by the person owning and possessing the same. It has to be verified and stamped by LMO before use.

rule 23 : Every certificate of verification has to be displayed where the weighing/measuring instrument is in use.

[Perfection]

Fee for verification (Schedule X)

weights

Cast Iron hexagonal

5 to 20 kg : Rs 20 per piece
2 kg : Rs 15
1 kg : Rs 10
500 g & below : Rs 5 per piece

Bullion

1 to 5 kg : Rs 20 per piece
500 g & below : Rs 15 per piece

Sheet metal weight other than bullion : Rs 15 per piece
Carat weight : Rs 20 per piece

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Non automatic weighing instrument

Class I /II of capacity up to 10 kg : Rs 200

Class III /IIII Mechanical

500 to 1500 kg : Rs 300
250/300 kg : Rs 200
30 to 200 kg : Rs 100
20/25 kg : Rs 60
2 to 15 kg : Rs 30
1 kg & below : Rs 15

Class III /IIII Electronic

250 to 1500 kg : Rs 250
25 to 200 kg : Rs 200
20 kg & below : Rs 100

Counter machine up to 10 kg : Rs 20, others Rs 50

Beam Scales of Class C & D

Above 200 kg : Rs 200
100/200 kg : Rs 100
10 to 50 kg : Rs 20 (Rs 150 for Class A & B)
1/2/5 kg : Rs 15 (Rs 100 for Class A & B)
500 g & below : Rs 10 per piece (Rs 60 for Class A & B)

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Length measure

0.5/1/2 m : Rs 20
graduated every cm : Rs 40
Classs II/III tape : Rs 5/m

Capacity measure

5 l & below : Rs 10
Peg measure 30/60/100 ml : Rs 50 each

Flow meter

100 l/min : Rs 2000
>100 l/min and < 500 l/min : Rs 3000
> 500 l/min : Rs 5000

Miscellaneous

Weigh bridge : Rs 5000
Vehicle tank : Rs 50/kl
Dispensing pump (MS, HSD, LPG, CNG) : Rs 1000 per unit
Totaliser unit : Rs 500

Auto Taxi meter : Rs 100
Water meter : Rs 25
Clinical Thermometer : Rs 10

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Disposal of seized weight, measure or packaged goods

rule 18 : Seized un-verified weight or measure, on production of related documents can be released on a condition that the user shall repair the item and get it stamped within 15 days.

Seized packages after the expiry of 60 days of it's seizure, has to be dealt according to the direction of the Controller.

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Penalty for the contravention of the rules

rule 24 : Whoever contravenes the rules shall be punished with a fine, which may extend to Rs. 5000.

Sec 15 r/w 31 : Rs 1000
Sec 24 r/w 33 : Rs 2000
Sec 30 r/w 30 a : Rs 5000


* Sec refers section of Legal Metrology Act 2009

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in situ fee

On request of the user, the LMO will stamp the weight or measure at the user premises. The fee shall be Stamping fee as per Schedule X + Additional fee at half rate + (cost of transporting and handling the working standard and other equipment subject to a minimum of Rs 100).

rule 22 : A weight or measure stamped in situ shall not be dismantled and removed from it's original site without prior intimation to the Controller/LMO. To ensure the accuracy, the user has to keep one tenth of the capacity of the instrument subjected to a maximum of 1 tonne.

No additional fee shall be charged for dormant machines, Platform machines having capacity 1000 kg and above, crane scale etc.

[vivek.salim]

Hello friend,

Is it mandatory to stamp and renew license for Weigh Bridge in Kerala, used exclusively for own (private) use. That is weigh bridge being used by the firm, only for weighment and comparison of material and not for commercial weighment purpose. Please advise. I have heard that a G.O had been circulated removing the mandatory stamping requirment which earlier existed. If so, kindly mention the G.O or Circular mentioning that.

Thanks and Best Regards,
Vivek

[Perfection]

Sec 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.

Sec 33 : Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified weight or measure shall be punished with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

Sec 2(k) : "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 commodity, vegetation or thing, whether individually or collectively;

Sec 2(u) : "transaction" means,- (i) any contract, whether for sale, purchase, exchange or any other purpose, or (ii) any assessment of royalty, toll, duty or other dues, or (iii) the assessment of any work done, wages due or services rendered;

So in my opinion, it is better to get it verified and stamped annually. In the worst case, if a case is booked, it will be difficult to prove your side.

[Perfection]

The users of weighing instruments of capacity 1 tonne and above has to keep one tenth of the capacity or 1 tonne, which ever is less of verified and stamped weights to check the accuracy of the instrument.

So weigh bridges have to keep 1 tonne stamped weights in the trade premises to check the accuracy of the instrument.

[Perfection]

The Kerala Legal Metrology (Enforcement) Rules, 2012 is going to be get amended soon.

Salient points in the amendment expected :

1. Stamping fee, insitu fee and licence fee has to be revised/increase in the fee rates.
2. All auto rickshaw/motor cab having Taxi permit has to maintain a duly stamped Taximeter.
3. Auto rickshaws//motor cabs charging excess fare will be fined
4. Additional fee :minimum Rs 100 or half the stamping fee to a maximum of 24 quaters
5. Compounding fee for various offences has to be revised