30 Penalty for transactions in contravention of standard weight or measure. The Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 (Rules) prescribe the mandatory technical and legal requirements relating to standards of weights and measures for goods which are sold or distributed in India. Section 5 in The Legal Metrology Act, 2009. Bharti Telemedia Ltd vs Commissioner Of Customs (Import) ... on 15 July, 2015, Bausch And Lomb Eyecare (I) ... vs State By on 29 August, 2019, Smt. 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. —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. —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. Secy. (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:-. Section 5 in The Legal Metrology Act, 2009. The J&K Standards of Weights & Measures (Enforcement) Rules,2009 PDF; Legal Metrology (Packaged Commodities Rules),2011; Liquefied Petroleum Gas Order 2000 issued under Essential Commodities Act,1955; MS/HSD (Regulation of Supply and Distribution and Prevention of Malpractices) Order,2005 issued under Essential Commodities Act,1955 (2) The provisions of sub-section (1) shall not be applicable for export of any goods, things or service. 43 Penalty for verification in contravention of Act and rules. 42. —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. —. Legal Metrology Act, 2009 (Few Section in brief) 2 (f) "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; 12. —In this Act, unless the context otherwise requires,—. The Legal Metrology Act 9 of 2014 aims: to provide for the administration and maintenance of legal metrology technical regulations in order to promote fair trade and to protect public health and safety and the environment; and; to provide for matters connected therewith. Penalty for repair, sale, etc., of weight and measure without licence. Provisions of this Act to override provisions of any other law. Prohibition on manufacture, repair or sale of weight or measure without licence. —. 45 Penalty for manufacture of weight and measure without licence. 1st March, 2011, vide notification No. Commencement. 36 Penalty for selling, etc., of non-standard packages. Download Free Sample and Get Upto 10% OFF on MRP/Rental. Compounding of offences. 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. Penalty for sale or delivery of commodities. Explanation.-In this sub-section , "counterfeit" shall have the meaning assigned to it in section 28 of the Indian Penal Code. Penalty for selling, etc., of non-standard packages. 38. 1(E), dated 31st December, 2010, see Gazette of India, Extraordinary, Part II, Sec. 32 Penalty for failure to get model approved. —. THE LEGAL METROLOGY ACT, 2009 . —, 37 Penalty for contravention by Government approved Test Centre. (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; (iii) every organisation established or constituted by Government. 38 Penalty for non-registration by importer of weight or measure. (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. 1111 [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. —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. 34 Penalty for sale or delivery of commodities, etc., by non-standard weight or measure. Information about sections and provisions of the Act … THE LEGAL METROLOGY ACT, 2009 ACTNO. Help us improve! Prin. The Legal Metrology Act, 2009 (1 of 2010) was implemented with effect from 1st April, 2011 the preamble of the act is as follows: 2. S.O. (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. The Legal Metrology Act, 2009 was introduced under central jurisdiction as a model act, each state in India has a will to adopt the act with or without modifications. —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. Penalty for alteration of weight and measure. 4 Units of weights and measures to be based on metric system. (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, along with the written consent of such director for being so nominated. 19 Registration for importer of weight or measure. (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. 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