LEGAL METROLOGY ACT, 2009
[NO.
1 OF 2010]
[13th January, 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
SECTION 1. Short title, extent and commencement.
— (1) This Act may be
called the Legal Metrology Act, 2009.
(2) It
extends to the whole of India.
(3) It
shall come into force on such date as the Central Government may, by
notification in the Official Gazette, appoint and different dates may be
appointed for different provisions of this Act.
SECTION 2. Definitions.
— In this Act, unless
the context otherwise requires, —
(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;
(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;
(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.
SECTION 3. Provisions of this Act to override
provisions of any other law. — 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
SECTION 4. Units of weights and measures to be
based on metric system. — Every unit of weight or measure
shall be in accordance with the metric system based on the international system
of units.
SECTION 5. Base unit of weights and measures.
— (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.
SECTION 6. Base unit of numeration.
— (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.
SECTION 7. Standard units of weights and measures.
— (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.
SECTION 8. Standard weight, measure or numeral.
— (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.
SECTION 9. Reference, secondary and working
standard. — (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.
SECTION 10. Use of weight or measure for particular
purposes. — 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.
SECTION 11. Prohibition of quotation, etc.,
otherwise than in terms of standard units of weight, measure or numeration.
— (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.
SECTION 12. Any custom, usage, etc., contrary to
standard weight, measure or numeration to be void. —
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
III
SECTION 13. Appointment
of Director, legal metrology officers and other
employees.
— (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 subsection (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.
SECTION 14. Appointment
of Controller, legal metrology officers and other
employees.
— (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.
(2) The qualifications of the Controller
and legal metrology officers appointed under
subsection (1) shall be such as may be prescribed.
(3) The
Controller 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 State Government may, by notification,
specify.
(4) Every
legal metrology officer appointed under sub-section
(1) shall exercise and discharge the duties under the general superintendence,
direction and control of the Controller.
SECTION 15. Power of inspection, seizure, etc.
— (1) The Director,
Controller or any legal metrology officer may, if he has
any reason to believe, whether from any information given to him by any person
and taken down in writing or from 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 to be, committed
are either 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 thereto;
(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 of every document or other record relating to the weight
or measure referred to in sub-section (1) and the person having the custody of
such weight or measure shall comply with such requisition.
(3) Where any goods seized under
sub-section (1) 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 Code of Criminal Procedure, 1973 (2 of 1974),
relating to searches and seizures.
SECTION 16. Forfeiture.
— (1) Every non-standard or
unverified weight or measure, and every package made in contravention of
section 18, used in the course of, or in relation to, any trade and commerce
and 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 (1), shall be disposed of by such authority and in such manner as
may be prescribed.
SECTION 17. Manufacturers, etc., to maintain
records and registers. — (1) 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 (1) shall be produced at the
time of inspection to the persons authorised for the said purpose under sub-section
(1) of section 15.
SECTION 18. Declarations on pre-packaged
commodities. — (1) 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.
SECTION 19. Registration for importer of weight or
measure. — 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.
SECTION 20. Non-standard weights and measures not
to be imported. — No weight or measure, whether singly
or as a part or component of any machine shall be imported unless it conforms
to the standards of weight or measure established by or under this Act.
SECTION 21. Training
in Legal Metrology. — (1) For imparting training in Legal Metrology and other allied branches of knowledge the
“Indian Institute of Legal Metrology” (hereinafter referred to
as the “Institute”) established under the provisions of the Standards of
Weights and Measures Act, 1976 (60 of 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 shall possess in order to be eligible for admission thereto
shall be such as may be prescribed.
SECTION 22. Approval of model.
— Every person, before manufacturing or importing any weight or measure shall
seek the approval of model of such weight or measure in such manner, on payment
of such fee and from such authority as may be prescribed :
Provided
that such approval of model may not be required in respect of any 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 :
Provided
further that the prescribed authority may, if he is satisfied that the model of
any weight or measure which has been approved in a country outside India
conforms to the standards established by or under this Act, approve such model
without any test or after such test as he may deem fit.
SECTION 23. Prohibition on manufacture, repair or
sale of weight or measure without licence. — (1) 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 (1), 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
SECTION 24. Verification and stamping of weight or
measure. — (1) 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.
(4) The
Government approved Test Centre shall 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
V
OFFENCES AND PENALTIES
SECTION 25. Penalty for use of non-standard weight
or measure. — Whoever uses or keeps for use any
weight or measure or makes use 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 a term which may extend to six months and also
with fine.
SECTION 26. Penalty for alteration of weight and
measure. — Whoever tampers 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 a term which shall not be less than six months but which
may extend to one year or with fine or with both.
SECTION 27. Penalty for manufacture or sale of
non-standard weight or measure. — 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 conform to the standards of weight or measure specified by or under this
Act; or
(b) 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 under
this Act,
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
imprisonment for a term which may extend to three years or with fine or with
both.
SECTION 28. Penalty for making any transaction,
deal or contract in contravention of the prescribed standards.
— 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 to ten 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.
SECTION 29. Penalty for quoting or publishing,
etc., of non-standard units. — Whoever violates section 11 shall be
punished with fine 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, or with fine, or with both.
SECTION 30. Penalty for transactions in contravention
of standard weight or measure. — Whoever. -
(a) in
selling any article or thing by weight, measure or number, delivers or causes
to be delivered to the purchaser any quantity or number of that article or
thing less than the quantity or number contracted for or paid for; or
(b) 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
(d) 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
subsequent offence, with imprisonment for a term which may extend to one year,
or with fine, or with both.
SECTION 31. Penalty
for non-production of documents, etc.
— 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 any weight or measure or any document, register or
other record relating thereto, omits or fails without any reasonable excuse, so
to do, 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.
SECTION 32. Penalty for failure to get model
approved. — Whoever fails 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.
SECTION 33. Penalty for use of unverified weight or
measure. — 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.
SECTION 34. Penalty for sale or delivery of
commodities, etc., by non-standard weight or measure. —
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.
SECTION 35. Penalty for rendering services by
non-standard weight, measure or number. — Whoever renders or
causes to be rendered, any service through means 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 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.
SECTION 36. Penalty for selling, etc., of
non-standard packages. — (1) Whoever
manufactures, packs, imports, sells, distributes, delivers or otherwise
transfers, offers, exposes or possesses for sale, or causes to be sold,
distributed, delivered or otherwise transferred, offered, exposed for sale any
pre-packaged commodity which does not conform 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 a term which may extend to one year or with
both.
(2) Whoever
manufactures or packs or imports or causes to be manufactured or packed or
imported, any pre-packaged commodity, with error in net quantity as may be
prescribed shall be punished with fine which shall not be less than ten
thousand rupees but which may extend to fifty thousand rupees and for the
second and subsequent offence, with fine which may extend to one lakh rupees or
with imprisonment for a term which may extend to one year or with both.
SECTION 37. Penalty for contravention by Government
approved Test Centre. — (1) 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 employee of a Government Approved Test Centre performing duties in
accordance with the provisions of this Act or the rules made thereunder,
wilfully verifies or stamps any weight or measure in contravention of the
provisions of this Act or the rules 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 rupees or with both.
SECTION 38. Penalty for non-registration by
importer of weight or measure. — 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 or
subsequent offence, with imprisonment for a term which may extend to six
months, or with fine, or with both.
SECTION 39. Penalty for import of non-standard
weight or measure. — 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 imprisonment for
a term which may extend to one year and also with fine.
SECTION 40. Penalty
for obstructing Director, Controller or legal metrology
officer.
— Whoever obstructs the Director, the Controller or any legal 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 lawful exercise 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 for a 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.
SECTION 41. Penalty
for giving false information or false return. — (1) Whoever 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.
(2) 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.
SECTION 42. Vexatious
search. — The Director, the
Controller or any legal metrology officer, exercising
powers under this Act or any rule made thereunder, who knows that there are no
reasonable grounds for so doing, and yet—
(a) searches,
or causes to be searched, any house, conveyance or place; or
(b) searches
any person; or
(c) seizes
any weight, measure or other movable property;
shall, for every such
offence, be punished with imprisonment for a term which may extend to one year,
or with fine which may extend to ten thousand rupees or with both.
SECTION 43. Penalty
for verification in contravention of Act and rules. — Where the Controller or any legal metrology officer exercising powers under this Act or
any rule made thereunder, willfully verifies or stamps any weight or measure,
in 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 to one year, or with fine which may extend to ten thousand
rupees or with both.
SECTION 44. Penalty for counterfeiting of seals,
etc. — (1) Whoever—
(i) counterfeits
any seal specified by or under this Act or the rules made thereunder, or
(ii) sells
or otherwise disposes of any counterfeit seal, or
(iii) 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 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 for a term which shall not be less than six months but which may
extend to five years.
Explanation. — In this sub-section,
‘‘counterfeit’’ shall have the meaning assigned to it in section 28 of the
Indian Penal Code (45 of 1860).
(2) Whoever
obtains, by unlawful means, any seal specified by or under this Act or the
rules made thereunder 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 seal is authorised by or under this Act or the rules made
thereunder 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 for a term which shall not be less than
six months but which may extend to five years.
(3) Whoever,
being in lawful possession of a 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 use, 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 for a term which shall not be
less than six months but which may extend to five years.
(4) 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 a counterfeit
stamp, 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 for a term which shall not be less than
six months but which may extend to five years.
SECTION 45. Penalty for manufacture of weight and
measure without licence. — Whoever, being required to obtain a
licence under this Act or the rules made thereunder, manufactures, without
being in possession of a valid licence, any weight or measure, 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, or with fine, or with both.
SECTION 46. Penalty for repair, sale, etc., of
weight and measure without licence. — Whoever, being
required to obtain a licence under this Act or the rules made thereunder
repairs or sells or offers, exposes or possesses for repair or sale, any weight
or measure, without being in possession of a 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.
SECTION 47. Penalty for tampering with licence.
— Whoever alters or otherwise 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 for a
term which may extend to one year or with both.
SECTION 48. Compounding of offences.
— (1) Any offence
punishable under section 25, sections 27 to 39, sections 45 to 47, or any rule
made under sub-section (3) of section 52 may, either before or after the
institution of the prosecution, be compounded, on payment for credit to the
Government of such sum as may 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 52.
(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 to 47, and any rule made under sub-section (3) of section 52
:
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 (1) shall apply to person who commits the same or similar
offence, within a period of three years from the date on which the first
offence, committed by him, was compounded.
Explanation. — For the purposes of
this sub-section, any second or subsequent offence committed after 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.
(5) Where
an offence has been compounded under sub-section (1), 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.
SECTION 49. Offences by companies and power of
court to publish name, place of business, etc., for companies convicted.
— (1) Where an offence
under this Act has been committed by a company,—
(a)(i) the
person, if any, who has been 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
(ii) where
no person has been 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
(b) the company,
shall be deemed to be
guilty of the offence and shall be liable to be proceeded against and punished
accordingly :
Provided
that nothing contained in this sub-section shall render any such person liable
to any punishment provided in this Act if he proves that the offence was
committed without his knowledge and that he exercised all due diligence to
prevent the commission of such offence.
(2) Any company may, by order in writing,
authorise any of its directors to exercise all such powers and take all such
steps as may be necessary or expedient to prevent the commission by the company
of any offence under this Act and may give notice to the Director or the
concerned Controller or any legal
metrology officer authorised
in this behalf 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 so nominated.
Explanation. — Where a company has
different establishments or branches or different units in any establishment or
branch, different persons may be nominated under this sub-section in relation
to different establishments or branches or units and the person nominated in
relation to any establishment, branch or unit shall be deemed to be the person
responsible in respect of such establishment, branch or unit.
(3) The
person nominated under sub-section (2) shall, until —
(i) further
notice cancelling such nomination is received from the company by the Director
or the concerned Controller or the authorised officer; or
(ii) he
ceases to be a director of the company; or
(iii) he makes a request in writing to the
Director or the concerned Controller or the legal metrology
officer under intimation to the company, to cancel 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 person ceases to be a director of the company, he shall
intimate the fact of such cessation to the Director or the concerned Controller
or the authorised officer :
Provided
further that where such person makes a request under clause (iii) the Director
or the concerned Controller or the authorised officer shall not cancel such
nomination with effect 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, or 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 accordingly.
(5) 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 court may direct.
(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 of.
(7) The expenses of any publication
under sub-section (5) shall 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
(b) “director”,
in relation to a firm, means a partner in the firm but excludes nominated
directors, honorary directors, Government nominated directors.
SECTION 50. Appeals. —
(1) Subject to the
provisions of sub-section (2), an appeal shall lie,—
(b) 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 41 or any rule made under
sub-section (3) of section 52, to the Central Government or any officer
specially authorised in this behalf by that Government;
(c) from every decision given by the
Controller of Legal Metrology under delegated powers of
Director Legal Metrology to the Central
Government;
(d) from every decision given or order made
under sections 15 to 18, sections 23 to 25, sections 27 to 37, sections 45 to
47 or any rule made under sub-section (3) of section 52 by any legal metrology officer appointed under section 14, to the
Controller; and
(e) from
every decision given or order made by the Controller under sections 15 to 18,
sections 23 to 25, sections 27 to 37, sections 45 to 47 or any rule made under
sub-section (3) of section 52 not being an order made in appeal under clause
(d), to the State Government or any officer specially authorised in this behalf
by that Government.
(2) Every
such appeal shall be preferred within sixty days from the date on which the
impugned order was made :
Provided
that the appellate authority may, if it is satisfied that the appellant was
prevented by sufficient cause from preferring the appeal within the said period
of sixty days, permit the appellant to prefer the appeal within a further
period of sixty days.
(3) On
receipt of any such appeal, the appellate authority shall, after giving the
parties to 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, modifying 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 after taking additional evidence, if necessary.
(4) Every
appeal shall be preferred on payment of such fees, as may be prescribed.
(5) 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 to the correctness, legality or propriety of
such decision or order and may pass such orders thereon as it may think fit :
Provided
that no decision or order shall be varied under this sub-section so as to
prejudicially affect any person unless such person has been given a reasonable
opportunity of showing cause against the proposed action.
SECTION 51. Provisions of Indian Penal Code and
Code of Criminal Procedure not to apply. — The provisions of
the Indian Penal Code (45 of 1860) and section 153 of the Code of Criminal
Procedure, 1973 (2 of 1974) in so far as such provisions relate to offences
with regard to weight or measure, shall not apply to any offence which is
punishable under this Act.
SECTION 52. Power of the Central Government to make
rules. — (1) The
Central Government may, by notification, make rules for carrying 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 :—
(a) the
specification of the base units of measures and base unit of mass under
sub-section (2) of section 5;
(b) the
manner of preparation of objects and equipments under sub-section (3) of
section 7;
(c) physical
characteristics, configuration, constructional details, materials, equipment,
performance, tolerances, period of re-verification, methods or procedures of
tests under subsection (4) of section 7;
(d) reference
standards, secondary standards and working standards of weights and measures
under sub-section (1) of section 9;
(e) reference
standards, secondary standards and working standards shall be verified and
stamped and the fee under sub-section (2) of section 9;
(f) 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 10;
(g) the qualifications of the Director and legal metrology officers under sub-section (2) of section 13;
(h) the qualification of the Controller and
legal metrology officers under sub-section (2) of
section 14;
(i) the
manner of disposal of goods under sub-section (3) of section 15;
(j) the
standard quantities or number and the manner in which the packages shall bear
the declarations and the particulars under sub-section (1) of section 18;
(k) the
manner and registration and the fee under section 19;
(l) 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) of section 21;
(m) the
manner, fee and authority for approval of models under section 22;
(n) 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;
(q) the
error in net quantity under sub-section (2) of section 36;
(r) fee
for compounding of offence under sub-section (1) of section 48;
(s) form
and manner in which notice to the Director or the Controller or any other
officer authorised by him 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 thereof shall be punishable with fine which may extend to five thousand
rupees.
(4) Every
rule made by the Central Government under this Act shall be laid, as soon as
may be after it is made, before each 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.
SECTION 53. Power of State Government to make
rules. — (1) 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 :—
(a) the
time within which the weight or measure may be got verified under provsio to
sub-section (1) of section 16;
(b) registers
and records to be maintained by persons referred to under sub-section (1) of
section 17;
(c) the
form, manner, conditions, period, area of jurisdiction and fees for issuance of
licence under sub-section (2) of section 23;
(d) fee
for verification and stamping of any weight or measure under sub-section (1) of
section 24;
(e) manner
of notifying Government approved Test Centre, terms and conditions and fee to
be paid under sub-section (3) of section 24;
(f) fee
for compounding of offences under sub-section (1) of section 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 previous publication in Official Gazette.
(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 one House of State Legislature, before that House.
SECTION 54. Delegation of Powers.
— (1) 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, not being a power conferred by section 50 relating to appeal or
section 52 relating to 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 condition 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.
SECTION 55. Act not to apply in certain cases.
— 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;
(b) used
for scientific investigation or for research;
(c) manufactured
exclusively for export.
SECTION 56. Existing
Director, Controller and legal
metrology officer not to be
affected by the new qualification to be prescribed. — (1) 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 (1) of sections 13 and 14, notwithstanding any rule
prescribing different qualifications.
(2) The
rules made by a State Government under the Standards of Weights and Measures
(Enforcement) Act, 1985 (54 of 1985) which are in force immediately before the
commencement of this Act shall remain in force until the State Government,
makes rules in that behalf.
SECTION 57. Repeal of the Standards of Weights and
Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act,
1985. — (1) The
Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of
Weights and Measures (Enforcement) Act, 1985 (54 of 1985), is hereby repealed.
(2) Without
prejudice to the provisions contained in the General Clauses Act, 1897 (10 of
1897), with respect to repeals, any notification, rule or order made under the
Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of
Weights and Measures (Enforcement) Act, 1985 (54 of 1985), shall, if in force,
at the commencement of this Act, continue to be in force and have effect as if
it was made under the corresponding provision of this Act.
(3) Notwithstanding
such repeal, any appointment, notification, rule, order, registration, licence,
certificate, notice, 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 of this Act.
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