Taxmann's Legal Metrology Act 2009 with Rules

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LEGAL METROLOGY ACT, 2009

CHAPTER I PRELIMINARY

1. Short title, extent and commencement 1

2. Definitions 2

3. Provisions of this Act to override provisions of any other law 6

CHAPTER II

STANDARD WEIGHTS AND MEASURES

4. Units of weights and measures to be based on metric system 7

5. Base unit of weights and measures 7

6. Base unit of numeration 7

7. Standard units of weights and measures 7

8. Standard weight, measure or numeral 7

9. Reference, secondary and working standard 8

10. Use of weight or measure for particular purposes 8

11. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration 8

12. Any custom, usage, etc., contrary to standard weight, measure or numeration to be void 9

CHAPTER III

APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS

13. Appointment of Director, legal metrology officers and other employees 10

14. Appointment of Controller, legal metrology officers and other employees 10

15. Power of inspection, seizure, etc. 11

16. Forfeiture 11

17. Manufacturers, etc., to maintain records and registers 12

18. Declarations on pre-packaged commodities 12

19.

CHAPTER IV VERIFICATION AND STAMPING OF WEIGHT OR MEASURE

24. Verification and stamping of weight or measure 15 CHAPTER V

25. Penalty for use of non-standard weight or measure 16

26. Penalty for alteration of weight and measure 16

27. Penalty for manufacture or sale of non-standard weight or measure 18

28. Penalty for making any transaction, deal or contract in contravention of the prescribed standards 18

29. Penalty for quoting or publishing, etc., of non-standard units 19

30. Penalty for transactions in contravention of standard weight or measure 20

31. Penalty for non-production of documents, etc. 21

32. Penalty for failure to get model approved 21

CONTENTS

33. Penalty for use of unverified weight or measure 22

34. Penalty for sale or delivery of commodities, etc., by non-standard weight or measure 22

35. Penalty for rendering services by non-standard weight, measure or number 23

36. Penalty for selling, etc., of non-standard packages 24

37. Penalty for contravention by Government approved Test Centre 25

38. Penalty for non-registration by importer of weight or measure 26

39. Penalty for import of non-standard weight or measure 27

40. Penalty for obstructing Director, Controller or legal metrology officer 27

41. Penalty for giving false information or false return 28

42. Vexatious search 29

43. Penalty for verification in contravention of Act and rules 29

44. Penalty for counterfeiting of seals, etc. 30

45. Penalty for manufacture of weight and measure without licence 32

46. Penalty for repair, sale, etc., of weight and measure without licence 32

47. Penalty for tampering with licence 33

48. Compounding of offences 34

49. Offences by companies and power of court to publish name, place of business, etc., for companies convicted 35

50. Appeals 38

51. Provisions of Indian Penal Code and Code of Criminal Procedure not to apply 41

52. Power of the Central Government to make rules

53. Power of State Government to make rules

54. Delegation of Powers

55. Act not to apply in certain cases 44

56. Existing Director, Controller and legal metrology officer not to be affected by the new qualification to be prescribed 45

57. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985 45

LEGAL METROLOGY (GENERAL) RULES, 2011

CHAPTER I PRELIMINARY

1. Short title and commencement 51

2. Definitions

CHAPTER II

SPECIFICATIONS OF STANDARDS OF WEIGHTS AND MEASURES

3. Reference standards

4. Secondary standards

5. Working standards

6. Power to specify any other reference, secondary or working standard 53

CHAPTER III

OF STANDARD EQUIPMENT

7. Reference standard balances

8. Secondary standard balances

9. Working standard balances

10. Power to specify the standard equipment

CHAPTER IV WEIGHTS OR MEASURES AND WEIGHING AND MEASURING INSTRUMENTS

11. Weights

12. Measures (other than measuring instruments)

13. Weighing and measuring instruments

14. Procedure for carrying out calibration of vehicle tanks, etc.

CHAPTER V

IMPORT OF WEIGHTS AND MEASURES

15. Registration of importer

CONTENTS

PAGE

16. Conditions, etc., for manufacture of a weight or measure exclusively for export 56

17. Prohibition on sale of non-standard weight or measure within the country 57

18. Maintenance of record in relation to non-standard weight or measure 57

19. Sample checking of weight and measure 57

20. Checking of non-standard weights and measures sample which are to be exported 57

CHAPTER VI

NON-STANDARD WEIGHT OR MEASURE TO BE USED FOR SCIENTIFIC INVESTIGATION OR RESEARCH

21. Permission to get manufactured non-standard weight or measure for scientific investigation or research 58

21A. Conditions, etc. for manufacture of a non-standard weight or measure exclusively for scientific investigation or research 59

CHAPTER VII

MISCELLANEOUS

22. The manner of disposal of goods seized under this Act/rule 60

23. Time within which unverified weight and measure to be verified and stamped 60

24. Register and reports to be maintained by persons referred to in section 17 of the Act 61

25. Scale of fee 61

26. Use of regional languages 61

27. Periodical verification of weights or measures 61

28. Qualifications of Legal Metrology Officer 62

29. Nomination of Director by a Company under the Act 62

30. Repeal and savings 63

FIRST SCHEDULE: Denomination, Materials, Shape and Permissible Errors, in Respect of Reference Standards 66

SECOND SCHEDULE: Denominations, Materials, Shape and Permissible Errors in Respect of Secondary Standards 71

THIRD SCHEDULE: Denominations, Material, Shape and Permissible Errors in Respect of Working Standards 77

FOURTH SCHEDULE: Specifications for Standard Equipment 84

FIFTH SCHEDULE 86

SIXTH SCHEDULE: Specifications for Measures 111

SEVENTH SCHEDULE: Specification for Non-Automatic Weighing Instruments 144

EIGHTH SCHEDULE: Specifications for Measuring Instruments 407

NINTH SCHEDULE: Procedure for carrying out calibration of Vehicle Tanks, etc. 605

TENTH SCHEDULE: Application form for registration of importer of weights and measures 635

ELEVENTH SCHEDULE: Register to be maintained by the manufacturers of weights and measures 636

TWELFTH SCHEDULE: Scale of fee 637

THIRTEENTH SCHEDULE: Format for nomination of the director by the company 638

LEGAL METROLOGY (NUMERATION) RULES, 2011

1. Short title and commencement 639

2. Procedure for making numeration 639

3. Manner in which numbers exceeding three digits shall be written in words 639

4. Manner in which numbers shall be written 639

5. Repeal and savings 640

LEGAL METROLOGY (NATIONAL STANDARDS) RULES, 2011

CHAPTER I PRELIMINARY

1. Short title and commencement 642

2. Definitions 642

CHAPTER II

UNITS OF WEIGHT OR MEASURE

3. Units of Weight or Measure to be based on metric system 644

4. Base units of Length 644

5. Base units of Mass 645

6. Base unit of time 645

CONTENTS

PAGE

7. Base unit of electric current 645

8. Base unit of thermodynamic temperature 645

9. Base unit of luminous intensity 646

10. Base unit of amount of substance 646

11. Rules of construction 646

12. Supplementary units 647

13. Derived units 647

14. Decimal multiples and sub-multiples of units 647

15. Permitted units 647

16. Special units 647

17. Temporarily accepted units 647

18. Units which should be progressively discontinued 647

19. Physical constants 648

20. Coefficient and symbol 648

21. Formation of new units 648

CHAPTER III

NATIONAL STANDARDS

22. National prototypes 648

23. Custody, maintenance, etc. of national standards of weights and measures 649

24. Realisation and establishment of the national standards of weights and measures based on SI units 649

25. Custody and maintenance of prototype standards 649

CHAPTER IV

REFERENCE, SECONDARY AND WORKING STANDARDS

26. Reference Standard 650

27. Secondary Standard 650

28. Working Standard 650

29. Standards which are to be fabricated by the Mint 650

30. Places where reference, secondary and working standards be kept 651

31. Period and manner of verification of reference, secondary and working standards 651

32. Maintenance of Reference, Secondary and Working Standards 651

33. Repeal and savings 651

CONTENTS

FIRST SCHEDULE: Supplementary Units and their Symbols 652

SECOND SCHEDULE: Derived units and their symbols 652

THIRD SCHEDULE: Names, magnitudes and symbols of SI prefixes and principles of use of SI prefixes 661

FOURTH SCHEDULE: Units permitted to be used with base, supplementary or derived units 664

FIFTH SCHEDULE: Special units and their symbols 665

SIXTH SCHEDULE: Temporarily accepted units 666

SEVENTH SCHEDULE: C.G.S units with special names 667

EIGHTH SCHEDULE: Units outside the international system 668

NINTH SCHEDULE: Important physical constants 668

TENTH SCHEDULE 673

INDIAN INSTITUTE OF LEGAL METROLOGY RULES, 2011

1. Short title and commencement 675

2. Definitions 675

3. Courses to be imparted at the Institute 675

4. Obligatory functions of the Institute 676

5. Qualification of persons to be eligible for admission in the Institute 676

6. Regulation of admission to the Institute 677

7. Advisory Committee 677

8. Power of Institute to grant certificate, diplomas 678

9. Fees 678

10. Repeal and savings 678

LEGAL METROLOGY (APPROVAL OF MODELS) RULES, 2011

CHAPTER I PRELIMINARY

1. Short title and commencement 680

2. Definitions 680

CONTENTS PAGE

CHAPTER II

RECOGNITION OF LABORATORIES

3. General provisions relating to laboratories 681

4. Recognition of Laboratories 681

CHAPTER III

APPROVAL OF MODELS

5. Application for the approval of models 682

6. Submission of the models of weight or measure 683

7. Tests for the approval of model 684

8. Procedure for the issue of certificate of approval 685

9. Procedure where issue of certificate of approval is not recommended 686

10. Re-submission of disapproved model for approval 687

11. Contents of a certificate of approval 687

12. Mark of approval 687

13. Revocation of certificate of approval 688

14. Suspension of certificate of approval 688

15. Revocation and suspension of certificates to be published 689

16. Deposit of Models or its drawings 689

17. Provisions relating to weight or measure for which model approval is ordinarily not necessary 689

18. Provisions relating to testing of substitute materials 690

19. Fees for testing of model of weight or measure to be deposited 690

20. Licence to manufacture weight or measure when to be issued 691

21. Repeal and savings 691

LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011

1. Short title and commencement 693

2. Definitions 693

CHAPTER II

PROVISIONS APPLICABLE TO PACKAGES INTENDED FOR RETAIL SALE

3. Application of Chapter 697

4. Regulation for prepacking and sale etc., of commodities in packaged form 697

CONTENTS

5. [Omitted by the Legal Metrology (Packaged Commodities) Amendment Rules, 2021, w.e.f. 1-4-2022] 698

6. Declarations to be made on every package 698

7. Principal display panel its area, size and letter etc. 706

8. Declaration where to appear 708

9. Manner in which declaration shall be made 709

10. Declaration of name and address of the manufacturer, etc. 709

11. General provisions relating to declaration of quantity 710

12. Manner in which declaration of quantity shall be 711

13. Statement of units of weight, measure or number 712

14. Declarations with regard to dimensions of certain commodities 713

15. Declaration with regard to dimensions and weight to be made on packages in certain cases 713

16. Declarations to be made with regard to the number of usable sheets to be stated 713

17. Declarations with regard to the dimensions of container type commodities 714

18. Provisions relating to wholesale dealer and retail dealers 714

19. Inspection of quantity and error in packages at the premises of the manufacturer or packer 716

20. Action to be taken on completion of inspection of packages at the premises of the manufacturers or the packer 718

21. Inspection of quantity and error in packages at the premises of the wholesale dealer or retail dealer 719

22. Establishment of maximum permissible error on package 720

23. Deceptive packages to be repacked or in default to be seized 720

CHAPTER III

PROVISIONS APPLICABLE TO WHOLESALE PACKAGES

24. Declarations applicable to be made on every wholesale package 721

CHAPTER IV

EXPORT OF PACKAGED COMMODITIES

25. Restrictions on sale of export packages in India 721

CHAPTER V EXEMPTIONS

26. Exemption in respect of certain packages 721

CHAPTER VI

REGISTRATION OF MANUFACTURERS, PACKERS AND IMPORTERS

27. Registration of manufacturers, packers and importers 723

28. Registration of shorter address permissible 724

29. Registration of manufacturers and packers, etc. 724

30. Compilation of lists of manufacturers or packers and their circulation 724

CHAPTER VII GENERAL

31. 725

32. Fine for contravention of rules 725

32A. Sum of compounding of offences 725

33. Power to relax 726

34. Repeal and savings 726 FIRST SCHEDULE 727

FIFTH SCHEDULE

SCHEDULE 730

SEVENTH SCHEDULE 734

LEGAL METROLOGY (GOVERNMENT

APPROVED TEST CENTRE) RULES, 2013

CHAPTER I PRELIMINARY

1. Short title and commencement 736

2. Definitions 736

CHAPTER II

VERIFICATION OF WEIGHTS AND MEASURES IN GOVERNMENT APPROVED TEST CENTRE

3. Verification by Government Approved Test Centre 736

CHAPTER III

APPROVAL OF GOVERNMENT APPROVED TEST CENTRE

4. General provisions relating to Government Approved Test Centre 737

5. Recognition of Government Approved Test Centre 737

CHAPTER IV

CERTIFICATE OF GOVERNMENT APPROVED TEST CENTRE

6. Duties of the Principal Officer 739

7. Fee for verification or re-verification 739

8. Mark of verification 739

9. Inspection of records 740

10. Place of verification 740

11. Supervision of Government Approved Test Centre 740

12. Liability 740

13. Contents of Government Approved Test Centre Certificate 740

14. Mark to Government Approved Test Centre 741

15. Revocation of certificate of Government Approved Test Centre 741

16. Suspension of certificate of Government Approved Test Centre 741

17. Renewal of Certificate 742

18. Fees for applying for Government Approved Test Centre of weights or measures to be deposited 742

19. Expenditure on assessment or re-assessment or inspection of Government Approved Test Centre during the calendar year 742

20. Compounding the offences 742

FIRST SCHEDULE: Weights and Measures which shall be verified by Government Approved Test Centre 742

SECOND SCHEDULE: Application for Approval of Government Approved Test Centre 743

THIRD SCHEDULE: Certificate of verification 743

FOURTH SCHEDULE: Certificate of Government Approved Test Centre 744

Legal Metrology Act, 2009

[1 OF 2010]

An Act 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 Sixtieth Year of the Republic of India as follows:—

CHAPTER I PRELIMINARY

Short title, extent and commencement.

1. (1) This Act may be called the Legal Metrology Act, 20091

(2)It extends to the whole of India.

(3)It shall come into force on such date2 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

COMMENTS

SECTION NOTES

1.1 Short Title [Section 1(1)]

The Act is formally named the Legal Metrology Act, 2009.

1.2 Extent [Section 1(2)]

The Act extends to the whole of India.

1.3 Commencement [Section 1(3)]

The Act does not come into effect immediately upon its enactment. It provides that:

The Act will come into force on a date [w.e.f. 1-4-2011] appointed by the Central Government through a notification published in the Official Gazette

The Central Government has the flexibility to appoint different dates for the commencement of different provisions of the Act.

1.Dated 13-1-2010.

2. 1-4-2011, vide Notification S.O. 210(E), dated 31-1-2011.

Definitions.

2. In this Act, unless the context otherwise requires,—

(

a) “Controller” means the Controller of Legal Metrology appointed under section 14;

(b) “dealer”, in relation to any weight or measure, means a person who, carries on, directly or otherwise, the business of buying, selling, supplying or distributing 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 manufacturer, who sells, supplies, 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;

d) “export” with its grammatical variations and cognate expressions, means taking out of India to a place outside India;

(e) “import” with its grammatical variations and cognate expressions, means bringing into India from a place outside India;

(f) “label” means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity;

(

g) “Legal Metrology” means 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;

(h) “legal metrology officer” means Additional Director, Additional Controller, Joint Director, Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector appointed under sections 13 and 14;

(i) “manufacturer” in relation to any weight or measure, means a person who —

(i) manufactures weight or measure,

(ii) manufactures one or more parts, 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,

(iii) does not manufacture any part of such weight or measure but assembles parts thereof manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,

(iv) puts, or causes to be put, 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 may be;

(j) “notification” means a notification published in the Official Gazette;

(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;

(l) “pre-packaged commodity” means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity;

(m) “person” includes,—

(i) a Hindu undivided family,

(ii) every department or office,

(iii) every organisation established or constituted 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,

(vii) every co-operative society constituted under an Act,

(viii) every other society registered under the Societies Registration Act, 1860 (21 of 1860);

(n) “premises” includes—

(i) 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,

(ii) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited,

(iii) a place where any books of account or other documents pertaining to any trade or transaction are kept,

(iv) a dwelling house, if any 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 transaction or business is carried on;

(o) “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; 3

(q) “State Government”, in 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 or 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 goods;

(s) “seal” means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp;

(

t) “stamp” means a mark, made by impressing, casting, engraving, etching, branding, affixing pre-stressed paper seal or any other process in relation to, any weight or measure with a view to—

(i) certifying that such weight or measure conforms to the standard specified by or under this Act, or

(ii) 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;

(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;

(v) “verification”, with its grammatical variations and cognate expressions, includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure conforms to the standards established 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.

COMMENTS

SECTION NOTES

2.1 Dealer [Section 2(b)]

A dealer includes any person engaged in the business of buying, selling, supplying, or distributing weights or measures. This definition also includes:

Commission agents, importers, and manufacturers who deliver weights or measures to others. S. 2

2.2 Export [Section 2(d)]

Taking goods out of India.

2.3 Import [Section 2(e)]

Bringing goods into India from a foreign location.

2.4 Label [Section 2(f)]

Refers to any written, stamped, marked, printed, or graphic matter appearing on a pre-packaged commodity.

2.5 Legal Metrology [Section 2(g)]

Refers to the scientific and legal regulation of weights, measurements, and instruments to ensure:

Accuracy and security of weighments and measurements.

2.6 Manufacturer [Section 2(i)]

A manufacturer includes any person who: Produces weights or measures.

Assembles parts and claims the final product.

Places their mark on a product made by another.

2.7 Protection [Section 2(k)]

Involves using weighments or measurements for safeguarding: Human beings, animals, commodities, or vegetation. Highlights the importance of accurate measurements for safety and protection purposes.

2.8 Pre-Packaged Commodity [Section 2(l)]

A commodity placed in a package without the purchaser being present and containing a pre-determined quantity.

2.9 Person [Section 2(m)]

Broadly defines “person” to include:

Hindu Undivided Families (HUFs), department or office, Government organization, local authority, companies, firms, local authorities, trusts, and societies.

2.10 Premises [Section 2(n)]

Includes:

Places of business, warehouses, documents storage, or vehicles/vessels used for transactions.

Dwelling houses partially used for business purposes.

2.11 Repairer [Section 2(p)]

A repairer includes any person who repairs, cleans, adjusts, or services weights or measures to ensure compliance with standards.

2.12 Sale [Section 2(r)]

Includes the transfer of property in weights, measures, or goods for: Cash, deferred payments, or instalments.

Excludes mortgages, hypothecations, and pledges.

2.13 Seal [Section 2(s)]

A device or process ensuring the integrity of a stamp.

2.14 Stamp [Section 2(t)]

A mark certifying that a weight or measure conforms to legal standards or obliterates previous certifications.

2.15 Transaction [Section 2(u)]

Covers:

Contracts for sale, purchase, exchange, etc.

Assessment of royalty, tolls, dues, wages, or services.

2.16 Verification [Section 2(v)]

Refers to the process of testing, checking, or adjusting weights or measures to ensure compliance with standards.

Includes re-verification and calibration.

2.17 Weight or Measure [Section 2(w)]

Refers to any weight, measure, or instrument specified under the Act.

CASE LAWS

Sale of Packaged Commodities Above MRP in Hotels - The Supreme Court held that the Legal Metrology Act, 2009, does not govern composite contracts for supply of services and food or drinks in hotels and restaurants. The Court emphasized that the definition of “sale” under the Act pertains only to transfer of property in goods, excluding service-oriented transactions. Consequently, selling packaged drinking water above the Maximum Retail Price (MRP) in hotels and restaurants is not restricted by the Act. The Court clarified that institutional customers like hotels are exempt from Rule 3 of the Legal Metrology (Packaged Commodities) Rules, 2011. – Federation of Hotel and Restaurant Associations of India v. Union of India AIR 2018 SC 73.

Definition of “Transaction” and Its Applicability to Gold Loan Business - The Andhra Pradesh High Court clarified that the definition of “transaction” under section 2(u) includes not just sales and purchases but extends to exchanges or other purposes involving bullion and precious metals. It upheld the application of Rule 9 of the A.P. Legal Metrology (Enforcement) Rules, 2011, requiring the use of non-automatic weighing machines for high-accuracy measurement of gold and ornaments. The petitioner company’s business of granting loans against gold security was held to fall within the ambit of a “transaction,” ensuring consumer protection under the Legal Metrology Act. – Manappuram Finance Ltd. v. Government of Andhra Pradesh AIR 2013 Andhra Pradesh 79.

Provisions of this Act to override provisions of any other law.

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 II

STANDARD WEIGHTS AND MEASURES

Units of weights and measures to be based on metric system.

4. Every unit of weight or measure shall be in accordance with the metric system based on the international system of units.

Base unit of weights and measures.

5. (1) The base unit of—

(i) length shall be the metre; (ii) mass shall be the kilogram; (iii) time shall be the second;

(iv) electric current shall be the ampere;

(v) thermodynamic temperature shall be the kelvin; (vi) luminous intensity shall be the candela; and (vii) amount of substance shall be the mole.

(2) The specifications of the base units mentioned in sub-section (1), derived units and other units shall be such as may be prescribed.

Base unit of numeration.

6. (1) The base unit of numeration shall be the unit of the 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.

Standard units of weights and measures.

7. (1) The base units of weights and measures specified in section 5 shall be the standard units 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 tests shall be such as may be prescribed.

Standard weight, measure or numeral.

8. (1) Any weight or 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.

(2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral.

(3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral.

(4) 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.

Reference, secondary and working standard.

9. (1) 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.

(3) 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.

Use of weight or measure for particular purposes.

10. Any 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.

Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration.

11. (1) 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

(b) issue or exhibit any price list, invoice, cash memo or other document, or

(c) prepare or publish any advertisement, poster or other document, or

(d) indicate the net quantity of a pre-packaged commodity, or

(e) 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 (1) shall not be applicable for export of any goods, things or service.

COMMENTS

SECTION NOTES

11.1 Mandatory Use of Standard Units [Section 11(1)]

No person, in relation to any goods, things, or services, shall: S. 11

Quote or announce any price or charge in units other than the standard units of weight, measure, or numeration.

Issue or display any price list, invoice, cash memo, or similar documents using non-standard units.

Prepare or publish advertisements, posters, or other documents indicating measurements not in standard units.

Indicate the net quantity of a pre-packaged commodity otherwise than in standard units.

Express quantity or dimension in relation to transactions or protection using non-standard units.

11.2 Exemption for Exports [Section 11(2)]

The provisions of sub-section (1) do not apply to the export of any goods, things, or services.

CASE LAWS

Prohibition of Non-Metric Advertisement Expressions - The petitioner, Cadbury India Ltd., was accused of violating section 11 by using the term “angula” (meaning “an inch”) in an advertisement for their “5 Star” chocolate, despite the term referring to a trouser and not the advertised product. The court clarified that section 11 applies only when non-metric expressions relate to the goods or services being advertised. Since “angula” was used humorously and not in reference to the chocolate, the Court held that there was no violation. The appellate authority’s imposition of penalties was quashed.

– Cadbury India Ltd. v. Controller of Legal Metrology Department of Legal Metrology AIR 2013 Karnataka 108.

Any custom, usage, etc., contrary to standard weight, measure or numeration to be void.

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.

COMMENTS

SECTION NOTES

12.1 Invalidation of Non-Standard Practices

Section 12 declares void any:

Custom, usage, practice, or method that allows a person to:

Demand or receive quantities of an article, thing, or service that are more or less than the agreed-upon quantity specified by: - Weight, - Measure, or - Number,

Such quantities must conform strictly to the terms of the contract or agreement.

CHAPTER III

APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY

OFFICERS

Appointment of Director, legal metrology officers and other employees.

13. (1) The Central Government may, by notification, appoint 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 (1) shall be such as may be prescribed.

(3) The Director and every legal metrology officer, appointed under sub-section (1), 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 (1) shall exercise powers and discharge duties under the general superintendence, direction and control of the Director.

(5) The Director, the Controller and every legal metrology officer authorised to perform 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 (45 of 1860).

(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 thereunder.

(7) The Central Government may, with the consent of the State Government and subject to such conditions, limitations and restrictions as 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 fit to 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 those 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.

(8) 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 of Controller, legal metrology officers and other employees.

14. (1) The State Government may, by notification, appoint a Controller of legal metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, Inspector and other employees for the State for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to intra-State trade and commerce.

LEGAL METROLOGY ACT 2009 WITH RULES – BARE ACT WITH SECTION NOTES

PUBLISHER : TAXMANN

DATE OF PUBLICATION : MAY 2025

EDITION : 2025 EDITION

ISBN NO : 9789364550925

NO. OF PAGES : 760

BINDING TYPE : PAPERBACK

DESCRIPTION

Legal Metrology Act 2009 with Rules [ Bare Act with Section Notes ] by Taxmann is a consolidated legal reference on India’s Legal Metrology Act, along with all rules, regulations, and amendments. This 2025 Edition aids in understanding statutory requirements for weight, measure, and numeration in commercial and industrial contexts. It includes concise sectionwise notes, offering clarity and quick reference for users.

This book is intended for the following audience:

• Legal Professionals & Practitioners

• Compliance Officers & Regulatory Authorities

• Businesses & Manufacturers

• Academics & Students

• Trade & Industry Bodies

The Present Publication is the 2025 Edition, covering the amended and updated text of the Legal Metrology Act [ Act No. 1 of 2010 ] and Rules, with the following noteworthy features:

• [Complete Bare Act Text] Presents the unabridged Legal Metrology Act 2009

• [Amended & Updated] Reflects the latest legal standards up to the 2025 edition

• [Pre-Amendment Provisions] Includes earlier text in amendment footnotes for historical & transitional context

• [Updated Rules & Amendments] Covers the latest changes in General Rules, Numeration, National Standards, etc.

• [Section Notes & Commentary] Provides concise clarifications under each section

• [Easy Navigation] Offers a subject index and a detailed table of contents

• [Comprehensive Coverage] Addresses definitions, enforcement, penalties, and appeals

• [Practical Insights] Explains licensing, registration, and verification processes

• [User-friendly Format] Ensures readability for both professionals and students

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