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Taxmann's Editorial Board Legal Metrology Act 2009 with Rules

From Taxmann
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Author :Taxmann's Editorial Board

Publisher :Taxmann

ISBN No :978-9364550925

SKU :TMP64155

Edition :2025

Pages :760

Format :Paperback

HSN No :49011010

Country Region :India

Weight :0.83 kg

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Description

Legal Metrology Act, 2009 – Overview

The Legal Metrology Act, 2009 is a law enacted by the Government of India to regulate weights and measures, and protect consumer rights by ensuring accuracy in commercial transactions involving measurement. It aims to standardize weights and measures used in trade and commerce and prevent fraudulent practices.


1. Objectives of the Act:

  • To establish and enforce standards of weights and measures.

  • To regulate trade and commerce in weights, measures, and packaged goods.

  • To ensure consumer protection through accurate quantity declarations.

  • To consolidate previous laws related to standards of weights and measures.


2. Scope of the Act:

The Act applies to:

  • All weights and measures used for commercial purposes.

  • Goods sold by weight, measure, or number.

  • Packaged commodities.

  • Manufacturers, importers, packers, dealers, and repairers of weights/measuring instruments.


3. Key Definitions:

  • Legal Metrology: The part of metrology that deals with legal requirements regarding measurements and measuring instruments.

  • Pre-packaged Commodity: A product that is packaged in advance, with a label declaring quantity, before being offered for sale.


4. Important Provisions:

Provision Description
Standard Units Mandates use of metric system (SI units) for weights and measures.
Verification & Stamping All weighing and measuring instruments must be verified and stamped by authorized officers.
Licensing Mandatory licenses for manufacturers, dealers, repairers, and importers of weights and measures.
Offences and Penalties Penalties for use of unverified instruments, misleading declarations, or tampering.
Inspection & Seizure Powers Inspectors can enter premises, inspect, seize goods/instruments violating the Act.

Key Rules under the Legal Metrology Act, 2009

The Act is supported by several Rules that provide procedural and operational details. Major rules include:


1. Legal Metrology (Packaged Commodities) Rules, 2011

  • Applies to all pre-packaged goods meant for retail sale.

  • Mandates declaration of:

    • Name and address of manufacturer/packer/importer

    • Net quantity (in standard units)

    • Retail sale price (MRP)

    • Month and year of manufacture

    • Consumer care contact details

  • Prohibits dual MRP for the same product.

  • Tolerance limits for net quantity are defined.


2. Legal Metrology (General) Rules, 2011

  • Specifies:

    • Definitions and specifications of standard weights and measures

    • Methods of calibration and verification

    • Manner of seizure and disposal of non-compliant goods

  • Details about record maintenance by licensees.


3. Legal Metrology (Approval of Models) Rules, 2011

  • Procedures for obtaining approval of models of weights/measuring instruments.

  • Testing by central laboratories before commercialization.


4. Legal Metrology (Numeration) Rules, 2011

  • Prescribes the correct form and manner of expressing numbers (e.g., decimal, grouping system).

  • Ensures standardized numeric representation in transactions.


5. Legal Metrology (National Standards) Rules, 2011

  • Specifies the national standards of weights and measures as maintained by NPL (National Physical Laboratory).

  • Defines how the standards are preserved and verified.


6. Legal Metrology (Government Approved Test Centre) Rules, 2013

  • Governs private sector entities authorized to test and verify weights/measures.

  • Ensures accuracy and compliance through accredited testing centers.


Penalties for Violations:

Offence Penalty
Use of unverified instruments Fine or imprisonment (up to 1 year)
False/misleading packaging declaration Fine up to ₹25,000 (increased on repetition)
Manufacture without license Fine and cancellation of license

Conclusion:

The Legal Metrology Act, 2009 along with its Rules, plays a crucial role in maintaining fair trade practices and consumer trust in the Indian market. It ensures that every product is sold and bought with accurate quantity, clear labeling, and authentic measuring instruments.

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Content

Legal Metrology Act, 2009 with Rules – Detailed Content

Introduction

The Legal Metrology Act, 2009 is a legislation enacted by the Government of India to regulate the trade and commerce of weights, measures, and related instruments. It plays a crucial role in ensuring accuracy, standardization, and fairness in the marketplace, protecting both consumers and businesses.


Objectives of the Legal Metrology Act

  • To establish uniform standards of weights and measures.

  • To regulate the use and manufacture of weighing and measuring instruments.

  • To ensure that consumers receive accurate quantity in packaged goods.

  • To prevent fraudulent trade practices related to quantity and measurement.


Scope and Applicability

The Act is applicable to:

  • All goods and services sold by weight, measure, or number.

  • All manufacturers, packers, importers, dealers, and repairers of weights and measures.

  • Pre-packaged commodities sold in retail or wholesale markets.


Key Provisions of the Act

  1. Use of Standard Units
    The Act mandates the use of the International System of Units (SI) for all trade and commerce.

  2. Licensing Requirements
    All entities engaged in manufacturing, repairing, or selling weights and measures must obtain a license from the Legal Metrology Department.

  3. Verification and Stamping
    All instruments used for trade must be verified and stamped by legal metrology officers to certify accuracy.

  4. Packaged Commodities Regulations
    Every packaged product must carry standard declarations like:

    • Name and address of manufacturer/packer/importer

    • Net quantity

    • MRP (inclusive of all taxes)

    • Date of manufacture

    • Customer care details

  5. Offences and Penalties
    The Act prescribes penalties for:

    • Use of non-standard or unverified instruments

    • False or misleading quantity declarations

    • Selling goods above MRP or using dual pricing

  6. Inspection and Enforcement
    Legal Metrology Officers are authorized to:

    • Enter premises

    • Inspect instruments and packages

    • Seize non-compliant goods or equipment


Major Rules under the Legal Metrology Act

1. Legal Metrology (Packaged Commodities) Rules, 2011

  • Governs packaging and labeling of pre-packaged goods.

  • Ensures declaration of essential details such as MRP, net weight, and manufacturing date.

  • Prohibits dual MRP for the same product.

2. Legal Metrology (General) Rules, 2011

  • Lays down procedures for verification, stamping, and use of weights and measures.

  • Provides guidelines for the maintenance of records and application of licenses.

3. Legal Metrology (Model Approval) Rules, 2011

  • Requires model approval for new designs of weighing/measuring instruments before use.

  • Models are tested by approved laboratories or institutions.

4. Legal Metrology (Numeration) Rules, 2011

  • Standardizes the expression and representation of numbers used in transactions and labeling.

5. Legal Metrology (National Standards) Rules, 2011

  • Prescribes how national standards of weights and measures are maintained and calibrated, typically by the National Physical Laboratory (NPL).

6. Legal Metrology (Government Approved Test Centres) Rules, 2013

  • Allows private institutions to be authorized as test centers for verification of certain weights and measures.


Penalties for Non-Compliance

Violation Penalty
Use of unverified measuring instruments Fine up to ?10,000 and/or imprisonment
False quantity declaration Fine up to ?25,000 for first offence
Operating without license Fine and suspension or cancellation of license
Repeat offences Higher fines and possible imprisonment

Conclusion

The Legal Metrology Act, 2009 ensures transparency and accountability in trade and commerce involving measurements. It not only protects consumer interests by guaranteeing accurate product quantities but also benefits businesses by setting clear regulatory standards. Adhering to the Act and its rules is vital for maintaining market integrity and avoiding legal consequences.

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Taxmann's Editorial Board Legal Metrology Act 2009 with Rules

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