The legal metrology Act,2009

~ <fo iro~"-(v;i)04/0007 /2003-09 REGISTERED NO. DL-(N)04/0007/2003-09 em ~h~ <5a:ette: of ~"' 31BT'!::fRUT EXTRAORDINARY 11- ~ 1 \ 'IWT ll- pAin Section 1 mf~~~ PUBLISHED BY AUTHORITY ~o 1] ~~, ,,!\'?~r<:1cm, ~ 14,201O/24~, 1931 No.ll NEW DELHI, THURSDAY, JANUARY 14,2010/24 Pausa, 1931 ~ wr-q~.1fIiO~~~~~%<W31Wl~cf;~-qWT\jfT~1 Separate paging is given to this Part in order that it may be filed as a separate compilation. MINISTRY OF LAW AND JUSTICE (Legislative Department) . New Delhi, the 14thJimuary, 20IO/Pausa 24, ]93] (Saka) The following Act of Parliament received the assent of the President on the 13th] anuary, 20I0,and ishereby published for general information:- THE LEGAL METROLOGY ACT, 2009 (No.1 OF 2010) [I3thJanumy, 2010 ] AnAct to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed byweight, measure ornumber and formatters connected therewith or incidental thereto. I BE itenacted by Parliament inthe Sixtieth Year ofthe Republic oflndia asfollows:- CHAPTER I PRELIMINARY 1. (1)ThisAct may becalled the Legal Metrology Act, 2009. Short title, ex tent and com .(2) Itextends to the whole of India. mencemcnT. (3) Itshall come intoforce onsuch dateastheCentral Government may,bynotification inthe Official Gazette, appoint anddifferent dates may be appointed for different provisions of this Act. 2. Inthis Act, unless the context otherwise requires,- Definitions (a) "Controller" means the Controller of Legal Metrology appointed under section 14; (b) "dealer", inrelation to any weight or measure, means aperson who, carries on, directly or otherwise, the business of buying, selling, supplying or distributing 2 THE GAZETTE OF INDIA EXTRAORDINARY [P II- ART anysuchweightormeasure, whether forcashorfordeferred payment orforcommission, 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 adealer; (c) "Director" means the Director of Legal Metrology appointed under section 13; (d)'''export'' with its grammatical variations and cognate expressions, means taking out ofIndia to a place 'outside India; (e) "import" with its grammatical variations and cognate expressions, means bringing into India from aplace outside India; (j)"label" means anywritten, marked, stamped, printed orgraphic 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 ofweighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensur.ing 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 13and 14; (i) "manufacturer" inrelation to any weight ormeasure, means aperson 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 aweight or measure manufactured byhimself 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 aweight or measure manufactured byhimself 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 byanyother person and claims such product to be aweight or measure made or manufactured byhimself or itself, as the case may be; (j) "notification" means anotification published inthe 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 br thing, whether individually or collectively; (f) "pre-packaged commodity" means acommodity which without the purchaser being present isplaced inapackage ofwhatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity; (m) "person" includes,- (i) aHindu undivided family, (ii) every department or office, (iii) every organisation established or constituted by Government, (iv)every local authority within the territory ofIndia, (v) acompany, firm and association of individuals, (vi) trust constituted under an Act, - SEe. I] THE GAZETTE OF INDIA EXTRAORDINARY 3 (vii) every co-operative society, constituted under an Act, (viii) every other society registered under the Societies Registration 2101'1860. Act, 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 theperson who carries onthe business insuch premises, (ii) awarehouse, godown or other place where any weight or measure or other goods are stored or exhibited, (iii) aplace where any books of account or other documents pertaining to any trade or transaction are kept, (iv)adwelling house, ifanypartthereof isused forthepurpose ofcarrying on any business, industry, production or trade, (v) avehicle or vessel or any other mobile device, with the help ofwhich any transaction or business is carried on; (0) "prescribed" means prescribed by rules made under this Act; (P) "repairer" means a person who repairs aweight or measure and includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight ormeasure toensure that suchweight ormeasure conforms to the standards established by or under this Act; (q) "State Government", inrelation to aUnion territory, means theAdministrator thereof; (r) "sale", with itsgrammatical variations andcognate expressions, means transfer of property in any weight, measure or other goods by one person .to another for cash or fordeferred payment or foranyother valuable consideration a~d includes atransfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by instalments, but does not include amortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods; (s) "seal" means adevice orprocess bywhich astamp ismade, and includes any wire or other accessory which is used for ensuring the integrity of any stamp; (t) "stamp" means a mark, made by impr~ssing, casting, engraving, etching, branding, affixing pre-stressed paper seal or any other process in relation to, any weight or measure with aview to- (i) certifYing that such weight or measure conforms to the standard specified by or under thisAct, or (ii) indicating that anymark 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)anycontract, whether forsale, purchase, exchange oranyother 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; - 4 THE GAZETTE OF INDIA EXTRAORDINARY [PART II-- (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 aview 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 aweight or measure specified by or under this Act and includes aweighing or measuring instrument. Provisions of 3. The provisions ofthis Act shall have effect ilOtwithstanding anything inconsistent tllis Act to therewith contained inany enactment other than thisAct or in any instrument having effect override provi by virtue of any enactment other than this Act. Sions of any other law. CHAPTER II STANDARD WEIGHTS AND i'vlEASURES Units of 4.Every unitofweight ormeasure shall be inaccordance with the metric system based weights and on the international system of units. measures to be based on met riC system. Base twit of 5. (1)The base unit of - weights and measures. (i) length shall be the metre; (ii) mass shall be the kilogram; Uii) time shall be the second; (iv) electric current shall be the ampere; (v) thermodynamic temperature shall bethe 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 6:(1)The base unit of numeration shall be theunit ofthe international form oflndian numeration. numerals. (2) Every numeration shall be made inaccordance with the decimal system. (3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written insuch manner as may be prescribed. Standard units 7. (1) The base units of weights and measures sp'ecified in section 5 shall be the of weights and standard units of weights and measures. measures. (2) The base unit of numeration specified in section 6 shall be the standard unit of numeration. (3) For thepurpose ofderiving thevalue ofbase, derived andother units mentioned in section 5,theCentral Government shall prepare orcause tobeprepared objects orequipments 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 8. (1) Any weight or measure which conforms to the standard unit of such weight or wcight, measure and also conforms to such ofthe provisions ofsection 7asare applicable to itshall measure or be the standard weight or measure. numeral. SEC. J] THE GAZETTE OF INDIA EXTRAORDINARY 5 (2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral. . (3)Noweight, measure ornumeral, otherthan thestandard weight, measure or numeral, shall be used as a standard weight, measure or numeral. \ (4)Noweight ormeasure, shall bemanufactured or imported unless itconforms to the standards ofweight or measure specified under section 8: Provided that provisions of this section shall not apply for n:ianufacture done exclusively forexport or forthe purpose of any scientific investigation or research. 9.(I) The reference stanpards, secondary standards and working standards of weights Reference, sec and measures shall be such as may be prescribed. ondary and working stan (2) Everyreference standard, secondary standard andworking standard shall beverified dard. 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 avalid standard. 10. Any transaction, dealing or contract in respect of any goods, class of goods or Use of weight or measure for undertakings shall be made bysuch weight, measure or number as may be prescribed. particular pur pose.s. 11.(I) No person shall, inrelation to any goods, things or service,- Prohibition of quotation, etc., «(I) quote, or make announcement of, whether by word of mouth or otherwise, otherwise than any price or charge, or in terms of standard units (b) issue or exhibit any price list, invoice, cash memo or other document, or of weight, measure or (c) prepare or publish any advertisement, poster or other document, or null1cration. (d) indicate the net quantity ofa pre-packaged commodity, or (e) express inrelation toanytransaction orprotection, anyquantity ordimension, 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. 12. Any custom, usage, practice ormethod ofwhatever nature which permits aperson Any custom, to demand, receive or cause to be demanded or received, any quantity of article, thing or lIsage, etc.. contrary to \ service inexcess of or lessthan, the quantity specified byweight, measure or number inthe standard weight, contract or other agreement inrelation to the said article, thing or service, shall be void. measure or numeration to ~I be void. \ CHAPTER III ApPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS 13. (I) The Central Government may, by notification, appoint a Director of legal Appointment metrology, Additional Director, Joint Director, Deputy Director, Assistant Din~ctorand other of Director, legal employees for exercising the powers and discharging the duties confer~ed or imposed on metrology them by or under this Act inrelation to inter-State trade and commerce. ofllcers and (2) The qualifications of the Director and legal metrology officers appointed under other employees .. sub-section (I) shall be such as may be prescribed .. (3) The Director and every legal metrology officer, appoint~d under sub-section (I), . shall exercise such powers and discharge such functions inrespect ofsuch local limits asthe Central Government may,bynotification, specify. (4) Every legalmetrology officer appointed under sub-section (1)shall exercise powers and discharge duties under the general superintendence, direction andcontrol ofthe Director. Il- 6 THE GAZETTE OF INDIA EXTRAORDINARY [PART (5)TheDirector, the Controller andevery legal metrology officer authorised toperform ..any duty by or under this Act shall be deemed to be a public servant within the meaning of 45 of 1860. section 2] ofthe Indian Penal Code. (6) No suit, prosecution or other legal proceeding shalLlie against the Director, the Controller and legal metrology officer authorised to perform any duty byor under thisAct in respect of anything which isingood faith done or intended to be done under this Act or any rule ororder made thereunder. (7)The Central Government may,withtheconsent oftheState Government andsubject to such conditions, limitations and restrictions as itmay specifYinthis 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 inthe public interest so to do, delegate such ofthe powers delegated to him as he maythink fittoany legalmetrology officer and where anysuch delegation ofpowers ismade by such Controller, the person to whom. such powers are delegated shall exercise those powers inthe same manner and with the same effect as ifthey 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 theDirector. Appointment .14. (1) The State Government may, by notification, appoint aController of legal of Controller, metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, legal Inspector and other employees for the State for exercising the powers and discharging metrology otficers and the duties conferred or imposed on them by or under this Act in relation to intra State other trade and commerce. employees. (2) The qualifications ofthe Controller and legal metrology officers appointed under sub-section (1) shall be such as may be prescribed. (3)The Controller andevery legalmetrology officer, appointed under sub-section (l), shall exercise such powers and discharge such functions inrespect of such local limits asthe S~ateGovernment may, bynotification, specifY. - (4) Every legal metrology officer-appointed under sub-section (1)shall exercise and discharge theduties under thegeneral superintendence, direction and control oftheController. Power of 15. (1) The Director, Controller or any legal metrology officer may, if he has any inspection, reason to believe, whether from any information given to him byanyperson andtaken down seizllre, etc. in writing or from persona(knowledg~ or otherwise, that any weight or measure or other goods in relation to whichany trade and commerce has taken place or is intended to take .place and inrespect ofwhich an offence punishable under thisAct appears to have been, or islikely to be, committed are either kept or concealed inany premises orare inthecourse 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 hastaken place, or isintended totake place and any record,"register orother 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 thisAct has been, or islikely to be, committed inthe course ot~or inrelation to, any trade and commerce. (2) The Director, Controller or any legal metrology officer may also require the production ofevery document orother record relating totheweight ormeasure referred to in sub-section (1) and the person having the custody of such weight or measure shall comply with such requisition. SEe. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 (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 insuch manner as may beprescribed. (4) Every search or seizure made under this section shall be carried out inaccordance 2 of 1974. with theprovisions oftheCode ofCriminal Procedure, 1973,relating tosearches and seizures. 16.(1) Every non-standard or unverified weight or measure, and every package made Forfeiture. incontravention of section 18,used inthecourse of, orinrelation to,anytrade andcommerce 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 starnped within such time as may be prescribed. (2) Every weight, measure or other goods seized under section 15but not forfeited under sub-section (1), shall be disposed ofby such authority and in such manner as may be prescribed. 17. (1)Every manufacturer, repairer ordealer ofweight ormeasure shall maintain such Manufac records and registers as may be prescribed. turers. etc., to maintain (2) The records and registers maintained under sub-section (1) shall be produced at records and the time of inspection to the persons authorised for the said purpose under sub-section (1) registers. of section 15. 18. (1)No person shall manufacture, pack, sell, import, distribute, deliver, offer,expose Declarations or possess for sale any pre-packaged commodity unless such package is in such standard on pre packaged quantities or number and bears thereon such declarations and particulars insuch manner as cOITImodities. may be prescribed. (2)Any advertisement mentioning the retail sale price of apre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package insuch form and manner asmay be prescribed. 19. No person shall import any weight or measure unless he is registered with the RegIstration for ·importer Director insuch manner and on payment of such fees, as may be prescribed. of weight or measurc . . 20. No weight or ineasure, whether singly or as a part or component of any machine Non-standard shall be imported unless itconforms to thestandards of weight or measure established byor weights and measures not under this Act. to be imported. 21. (1) For imparting training in Legal Metrology and other allied branches of Training ill knowledge the "!ndian Institute of Legal Metrology" .(hereinafter referred to as the Legal Metrology. "Institute") established under the provisions of the Standards of Weights and Measures 60 of 1976. Act, 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 fortraining thereat, the qualification·s, which aperson shall possess inorder to beeligible foradmission thereto shall be such asmay be prescribed. 22. Every person, before manufacturing or importing anyweight ormeasure shalf seek Approval of modcl. the approval ofmodel ofsuch weight ormeasure insuch manner, onpayment ofsuch feeand from such authority as may be prescribed: Provided that such approval of model may not be required inrespect of anycast iron, brass, bullion, or carat weight or any beam scale, length measures (not being measuring tapes) which are ordinarily usedin retail trade for measuring textiles or timber, capacity measures, not exceeding twenty litre incapacity, which are ordinarily used inretail trade for measuring kerosene, milk orpotable liquors: 8 THE .GAZETTE OF INDIA EXTRAORDINARY [P II- ART Provided further that the prescribed authority may, ifhe issatisfied that the model of any weight or measure which has been approved inacountry 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. Prohibition 23. (1)No person shallman~facture, repair orsell, oroffer,expose orpossess forrepair on or sale, anyweight or measure unless he holds a licence issued by the Controller under sub manufacture, .section (2): repair or sale of weight or Provided that nolicence to repair shall be required byamanufacturer forrepair of his measure own weight or measure ina State other than the State of manufacture of the same. without licence. (2) Forthepurpose ofsub-section (1), the Controller shall issue alicence insuch form and manner, onsuch conditions, forsuch period and sucharea ofjurisdiction and on payment of such fee as may be prescribed. CHAPTER IV VERIFICATION AND STAMPING OF WEIGHT OR MEASURE Verification 24. (1) Every person having any weight or measure in his possession, custody or and stamping control incircumstances indicating that such weight ormeasure isbeing, or isintended or is of weight or, likely to be, used by him in any transaction or for protection, shall, before putting such measure. weight or measure into such use, have such weight or measure verified at such place and during suchhours astheController may,bygeneral orspecial order, specifYinthis 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 isto be done through the Government approved Test Centre. (3)The Government approved TestCentre.shall benotified bytheCentral Government or the State Government, asthe case may be, insuch manner, onsuch terms and conditions and onpayment 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 onsuch terms and conditions forthe verification of weights and measures specified under sub-section (2) as may be prescribed. CHAPTER V OFFENCES AND PENALTIES Penalty lor use 25.Whoever usesorkeeps foruseanyweightormeasure ormakes useofanynumeration of non otherwise thmi in accordance with the standards of weight or measure or the standard of standard weight numeration, as the case may be, specified by.or under this Act, shall be punished with fine or measure. which may extend to twenty-five thousand rupees and forthe second or subsequent offence, with imprisonment foraterm which mayextend tosixmonths and alsowith fine. Penalty for 26. Whoever tampers with, or alters in any way, any reference standard, secondary alteration of standard or working standard or increases or decreases or alters any weight or measure weight and with a view to deceiving any person or knowing or having reason to believe that any measure. 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 aterm which shall not be less than six months but which may extend to one year or with fine or with both.. Penally for 27. Every person who manufactures or causes to be manufactured or sells or offers, manufacture or exposes or possesses for sale, any weight or measure which,- sale of non standard weight (a) does not conform to the standards of weight or measure specified by or or measure. 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, SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 9 except where he ispermitted to doso under thisAct, shall be punished with afine which may extend to twenty thousand rupees and for the second or subsequent offence with imprisonment foraterm which may extend tothree years or with fine or with both. 28. Whoever makes anytransaction, deal orcontract incontravention ofthe standards Penafty for of weights and measures specified under section 10shall be punished with fine which may llIaklllg an)' transacl ion, extend to tenthousand rupees and forthe'second or subsequent offence, with imprisonment deal or foraterm which may extend to one year, orwith fine, or with both. contract in contraven tion of the prescribed standards, 29. Whoever violates section 11 shall be punished with fine which mayextehd to Penalty for ten thousand rupees and, for the second or subsequent offence, with imprisonment for a quoting or publishing, ele, term which may extend to one year, or with fine, or with both. of non-standard units, 30. Whoever- Penalty for transactions in (a) in selling any article or thing by weight, measure or number, delivers or contravention causes to be dclivered to the purchaser any quantity or number of that article or thing of standard weight or less than the quantity or number contracted for or paid for; or measurc, (b) inrendering any service byweight, 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 q'uantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or Cd) inobtaining any service by weight, measure or number, obtains that service inexcess of the service contracted foror paid for, shall be punished with fine which may extend to tcn thousand rupees, and; for the second or subsequent offence, with imprisonment foraterm which may extend toone year, orwith fine, or with both. 31. Whoever, being required by or under this Act or the rules made thereunder to Pcnalty for non submit returns, maintain any record or register, or being required by the Director or the production of Controllcr orany legal metrology officer to produce before him for inspection anyweight or documcnts, measure oranydocument, register orother record relating thereto, omits orfails without any elc, 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 foraterm which may extend to one year and also with fine. 32. Whoever fails or omits to submit model of any weight or measure for approval, Penalty for failure to gel shall be punished with fine which may extend to twenty thousand rupees and forthe second model or subsequent offelice, with imprisonment foraterm which mayextend to one year and also approved. with fine. Penalty for use 33. Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified of unverified weight or measure shall be punished with fine which shall not be less than two thousand weight or rupees but which may extend to ten thousand rupees and, for the second or subsequent measure. offence, with imprisonment foraterin which may extend'to oneyear and also with fine. 34. Whoever sells,orcausestobesold,delivers, orcausestobedelivered, anycommodity, Penijlty for sale or article or thing by any means other than the standard weight or measure or number, shall be delivery of punished with fine which shall not be lessthan two thousand rupees but which may extend to commodities, five thousand rupees and, forthe second or subsequent offence, with imprisonment for aterm ctc,. by nOI1 which shall not be lessthan three months butwhich may extend to one year, or with fine, or standard with both. weight or measure. II- 10 THE GAZETTE OF INDIA EXTRAORDINARY [PART Pcnalty for 35. Whoever renders or causes to be rendered, any service through means other than rendering theweight ormeasure ornumeration or interms ofanyweight, measure ornumber other than services by the standard weight or measure, shall be punished with fine which shall not be less than non-standard two thousand rupees but which may extend to five thousand rupees and for the second or wcight. measure or subsequent offence, with imprisC?nmentfor aterm which shall not be lessthan three months number. butwhich inay extend to one year, or with fine, or with both. Pcnalty for 36. (I) Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise selling, etc., of transfers, offers, exposes or possesses forsale, or causes to be sold, distributed, delivered or non-standard otherwise transferred, offered, exposed for sale any pre-packaged commodity which does packages. not conform to the declarations on the package as provided inthis Act, shall be punished with finewhich may extend totwenty-five thousand rupees, forthesecond offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be lessthan fifty thousand rupees butwhich may extend to one lakh rupees or with imprisonment foraterm which may extend to one year orwith both. (2) Whoever manufactures orpacks or imports orcauses to bemanufactured or packed or imported, any pre-packaged commodity, with error inpet 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 forthe second and subsequent offence, with fine which may extend toone lakhrupees orwith imprisonment foraterm which may extend to oneyear or with both. Penalty for 37. (I) Where anyGovernment approved TestCentre contravenes anyofthe provisions contraven ofthisAct orthe rules made thereunder, orthe conditions ofthe licence, itshall be punished tion by with fine which may extend to one lakh rupees. Government approved Tcst (2)Where anyowner or employee ofa Government Approved Test Centre performing Centre. duties in accordance with the provisions of this Act or the rules made thereunder, wilfully verifies orstamps anyweight ormeasure incontravention ofthe provisions ofthis Act orthe rules made thereunder, he shall, for every such contravention, be punishable with imprisonment foraterm which may extend to one year orwith fine which may extend to ten thousand rupees or with both. Pcnalty for 38. Whoever imports any weight or measure without being registered under this Act non shall be punished with fine which may extend to twenty-five thousand rupees and for the registration by second orsubsequent offence, with imprisonment foraterm which mayextend tosixmonths, importer of weight or or with fine, orwith both. measure Penalty for 39. Whoever imports any non-standard weight or measure shall be punished with import of lIon fine, which may extend to fifty thousand rupees and for the second or subsequent offence, standard weight with imprisonment foraterm which may extend to one year and also with fine. or measure. Penalty for 40. Whoever obstructs the Director, theController orar.: .;gal metrology officer with obstructing intent to prevent or deter the Director or the Controller or any legal metrology officer from Director, exercising his powers or discharging his functions, or in consequence of anything done or Controller or attempted to be done by the Director orthe Controller or any legal metrology officer inthe legal metrology lawful exercise ofhispowers or discharge ofhis functions as such, or whoever obstructs the officer. entry ofthe 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 foraterm which may extend to two years and forthe second or subsequent offence, with imprisonment for aterm which may extend to five years. Penalty for 41. (I) Whoever gives any information to the Director, the Controller or any legal giving false metrology ofticer, which he may require or ask for inthe course of his duty, and which such information or person either knows or has reason to believe to be false, shall be punished with fine which false return. may extend to five thousand rupees and for the second or subsequent offence with imprisonment for aterm which may extend to six months and also with fine. (2)Whoever, being required byorunder thisAct sotodo, submits areturn ormaintains any record or register which isfalse in111aterialparticulars, shall be punished with finewhich may extend to. five thousand rupees and for the second or subsequent offence, with imprisonment for aterm which may extend to one year and also with fine. - !I SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY 42. TheDirector, theControHer orany legalmetrology officer, exercising powers under Vexatious search. thisAct orany rule made thereunder, who knows that there are noreasonable grounds forso 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; shaH,forevery such offence, be punished with imprisonment foraterm which may extend to one year, or with fine which may extend to ten thousand rupees or with both. 43. Where the Controller or any legal nletrology officer exercising powers under this Penalty for Act or any rule made thereunder, wilfuHy verities or stamps any weight or measure, in verification in contravention contravention oftheprovisions ofthisAct orof anyrule made thereunder, heshall, for every of Act and such offence, be punished with imprisonment for aterm which may extend to one year, or rules. with fine which may extend to ten thousand rupees or with both. 44. (1) Whoever- Penalty for counterfeiting (i) counterfeits any seal specified by or under this Act or the rules made or seals. etc. thereunder, or (ii) seIls 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 ormeasure, shaHbe punished with imprisonment for aterm which shall not be less than six months but which may extend to one year and forthe second or subsequent offence, with imprisonment for aterm which shall not be lessthan six months but which may extend to tive years. Explanation.-In this sub-section, "counterfeit" shall have the meaning assigned to 45 of 1860. itinsection 28 of the Indian Penal Code. (2) Whoever obtains, byunlawful means, anyseal specified byorunder thisAct orthe rules made thereunder and uses, or'eauses to be used, any such seal for making any stamp on any weight or measure with a vi~':Vto representing that the stamp made by such seal is autl10rised by or under this Act or the rules made thereunder shall be punished with imprisonment foraterm which shall notbe lessthan sixmonths butwhich may extend to one year and forthe second orsubsequent offence, with imprisonment foraterm which shall not be less than six months hut which may extend to five years. (3) Whoever, being in lawful possession ofa seal specified byor under thisAct 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 foraterm which shall notbe lessthan sixmonths but which may extend to five years. (4) Whoever sells or offers orexposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe, bears thereon acounterfeit stamp, shall be punished with imprisonment foraterm which shall not be lessthan six months butwhich 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. 45. Whoever, being required to obtain a licence under this Act or the rules made Penalty for manufacture thereunder, manufactures, without being in possession of a valid licence, any weight or of weight and measure, shall be punished with fine which may extend to twenty thousand rupees and for l1Ieaslire the second or subsequent offence; with imprisonment for a term which may extend to one without year, or with fine, or with both. licence. I 12 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11--- Penally Un 46. Whoever, being required to obtain " licence under this Act or the rules made repair, sale, thereunder repairs or sells or offers, exposes or possesses for repair or sale, any weight or etc., of weight measure, without being in possession of avalid licence, shall be punished with fine which and mcasure without may extend to five thousand rupees and for the second or subsequent offence, with. liccncc. imprisonment foraterm which may extend to oneyear, or with fine, orwith both. Pcnalty for 47. Whoever alters or otherwise tampers, with any licence issued or renewed under • tampering with thisAct orrules made thereunder, otherwise than inaccordance with anyauthorisation made liccnce. by the Controller in this behalf, shall be punished with fine which may extend to twenty thousand rupees, orwith imprisonment foraterm which may extend to one year orwith both. Compound ing 48. (I) Any offence punishable under section 25, sections 27 to 39, sections 45 to 47, of offenceS. orany rulemade under sub-section (3)ofsection 52may, either before or afterthe institution ofthe prosecution, becompounded, onpayment forcredit tothe Government ofsuch sum as may be prescribed. (2)The Director orlegalmetrology officer asmay bespecially authorised byhim inthis behalf, may compound offencespunishable.under section 25, sections 27 to 39, or any rule made under sub-section (3) of section 52. (3)TheController orlegalmetrology officer specially authorised byhim,maycompound offences punishable under section 25, sections 27 to 31, sections 33to 37, sections 45to 47, and any rule made under sub-section (3) of section 52: Provided that such sumshall not, inanycase, exceed themaximum amount ofthe fine, \vhich may be imposed under this Act forthe offence so compounded. (4) Nothing insub-section (I) shall apply to person who commits the same or similar offence, within aperiod ofthree years from thedate onwhich thefirst offence, committed by him, was compounded. Explanation.-For thepurposes ofthis sub-section, anysecond or subsequent offence committed after the expiry ofaperiod ofthree years from the date onwhich the offence was previously compounded, shall be deemed to be afirst offence. (5) Where an offence has been compounded under sub-section (I), no proceeding or further proceeding, asthe case may be, shall be taken against the offender in respect of the offence so compounded. (6)No offence under thisAct shall be compounded except asprovided bythis section. Offcnces by 49. (I) Where an offence under this Act has been committed by a company,-- companies and powcr or court (a) (i)the person, ifany,who has been nominated under sub-section (2)to be in to pu bl ish charge of, and responsible to, the company for the conduct of the business of the namc, place of company (hereinafter inthis section referred to as aperson responsible); or busincss, ctc., for companies (ii) where no person has been nominated, every person who at the time the convicted. offence was committed was incharge of, and was responsible to, the company forthe conduct of the business of the company; and (b) the company, shall be deemed to be guilty ofthe 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 IiabIeto any punishment provided in this Act if he proves that the offence was committed without his knowledge andthat he exercised all due diligence to prevent the commission of such offence. (2)Any company may,byorder inwriting, authorise anyof itsdirectors 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 orthe concerned Controller or any legal metrology officer authorised inthis behalf SEC. I] THE GAZETTE OF INDIA EXTRAORDINARY ]3 by such Controller (hereinaller in this section referred to as the authorised officer) in such form and in such manner as may be prescribed, that ithas nominated such director as the person responsible, alongwith the written consent of such director for being so non1inated. , , ' Explanation.-Where acompany hasdifferent establishments orbranches or different, units in any establishment or branch, different persons may be nominated under this sub section inrelation to different establishments or branches or units and the person nominated inrelation to any establishment, branch or unit shall be deemed to bethe person responsible in respect of such establishment, branch 01:unit. (3) The person nominated uD'dersub-section (2) shall, until- (i) further notice cancelling such nomination isreceived from the company by the Director orthe concerned Controller or the authorised officer; or (ii) he ceases to be a director of the company; or (iii) he makes arequest inwriting to theDirector orthe concerned Controller or the legal metrology officer under intimation tothe company, tocancel the nomination, which request shall be complied with bythe Director ortheconcerned Controller orthe 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 conipany, he shall intimate thefactofsuch cessation totheDirector ortheconcerned Co"ntrollerortheauthorised officer: Provided further that where such person makes arequest under clause (iii)theDirector or the concerned Controller or the authorised officer shall not cancel such nomination with effect from adate 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 acompany and it is proved that the offence has been committed with the consent or connivance of, cr 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 orother officer shall also bedeemed to be guilty of that offence and shall be Iiable to be proceeded against and punished accordingly. (5) Where any company is convicted under this Act forcontravention of any of the provisions thereof, itshall 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 otherparticulars'as the court may consider to be appropriate inthe circumstances ofthe case, to be published atthe expense ofthe company in such newspaper or in such other manner as the court may direct. (6) No publication under sub-section (5)shal!'be made until the period forpreferring 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 itwere afine imposed bythe 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. 50. (1)Subject to the provisions of sub-section (2),-an appeal shalllie,- Appeals, (a) from every decision ororder under sections 15to20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52 by the legal metrology officer appointed under section ]3, to the Director; 14 THE GAZETTE Of INDIA EXTRAORDINARY [P II- ART (b) from every decision or order made bythe Director ofLegaJ Metrology under sections 15to20, section 22, section 25, sections 27~o39,section 4J oranyrule made under sub-section (3)ofsection 52,totheCentral Government or anyofficer specially authorised inthis behalf bythat Government; (c) fi'omeverydecision givenbytheController ofLegalMett:ologyunderdelegated powers of Director Legal Metrology to the Central Government; (d) from every decision given or order made under sections 15to 18,sections 23 to25, sections 27to37, sections 45to47orany rule made under sub-section (3) of section 52byanylegal metrology officer appointed under section 14,totheController; and (e) from every decision given orOl:dermade bythe Controller under sections 15 to 18,sections 23to25,sections 27 to37, sections 45to47orany rule made under sub section (3) of section 52 not being an order made in appeal under clause (d), to the State Government oranyofficer specially authorised inthis behalfby thatGovernment. (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 bysufficient cause·fi·om preferring the appeal within the said period ofsixty days, permit the appellant to prefer the appeal within afurther period of sixty days. (3) Onreceipt ofanysuch 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 itmay think fitfor a fresh decision ororder after taking additional evidence, ifnecessary. (4) Every appeal shall be preferred onpayment of such fees, as may be pri?scribed.

(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 astothe correctness, legality orpropriety ofsuch decision or.order and may pass such orders thereon as itmay 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. Provisions of 51. The provisions ofthe Indian Penal Code and section 153of the Code of Criminal 45 of 1860. Iudiau Penal 2 of 1974. Procedure, 1973 in so far as such provisions relate to offences with regard to weight or Code and measure, shall not apply to any offence which ispunishable under this Act. Code of Criminal Proced ure not to apply., Powcr of the 52. (1)The Central Government may, by notification, make rules for carrying out the Central provisions of this Act. Govcrnmcnt to makc rulcs. (2) In particular, and without prejudice to the generality ofthe foregoing power, such rules may provide for all or anyofthe 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 ofre-verification, methods or procedures of tests under sub-section (4) of section 7; (d) reference standards, secondary standards and working standards of weights and measures under sub-section (1) of section 9; SEC.I] THE GAZETTE OF INDIA EXTRAORDINARY 15 (e) reference standards, secondary standards and working standards shall be verified and stamped and the fee under sub-section (2) of section 9; if)the weight or measure ornumber inwhich 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; U)'thc standard quantities or number and the manner inwhich 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; (!) 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 inorder 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 tinder sub-section (2) of section 24; (0) 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; (I') fee for compounding of offence under sub-section (1) of section 48; (s)form and manner inwhich notice to the Director or the Controller orany 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 v<:tlidityof anything previously done under that rule. 53. (1) The State Government may, by notification, and after consultation with the Power of State Central Government, make rules to carry out the provisions of this Act. Govcrnmcnt (2) In particular and without prejudice to the generality of the foregoing power, such to make rules. rules may provide for all or any ofthe following matters, namely:- . (a) the time within which the weight or n1easure 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 ofjurisdiction and fees for issuance of licence under sub-section (2) of section 23; 16 THE GAZETTE OF INDIA EXTRAORDINARY [P Il- ART (d) fee for verification and stamping of any weight or measure under sub-section (I) of section 24; (e) manner ofnotitying Government approved TestCentre, terms andconditions and feeto be paid under sub-section (3) of section 24; (j) fee for compounding of offences under sub-section (I) of section 48. (3) In making any rule under this section, the State Governme,nt may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees. . (4) The power tomake rules under this section shall be subject tothe condition of the rules being made after previous publication inOfficial Gazette. (5) Every rule made under this section shall, assoon asmaybe after itismade, be laid before each House of State Legislature, where there are two Houses and where there isone House of State Legislature, before that House. Delegation of 54. (I) The Central Government may, in consultation with the State Government and Powers. bynotification, direct that anypower exercisable byitunder thisAct orany rule made there under, not being apower conferred bysection 50relating to appeal or section 52relating 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 itas may be specified inthe notification. (2) Subject to any general or special direction or condition imposed by the State Government, anyperson authorised bythe Central Government toexercise 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 bythis Act and not byway of delegation .. Act not to 55. The provisions of thisAct, in so far as they relate to verification and stamping of apply in weights and measures, shall not apply to any weight or measure,- certain cases. (a) used in any factory exclusively engaged in the manufacture of any anns, ammunition or both,for the use ofthe Armed Forces of the Union; (b) used for scientific investigation or for research; . (c) manufactured exclusively forexport. Existing 56. (I) Evety Director, Controller and legal metrology officer appointed immediately Director, before the commencement of the rules made under this Act, shall be deemed to have been Controller appointed under sub-section (1) ofsections 13and 14,notwithstanding any rule prescribing and.legal metrology different qualifications. officer not to be affected by (2) The rules made by a State Government under the Standards of Weights and the new Measures (Enforcement) Act, 1985 whichareinforce immediately before thecommencement 54 of 1985. qualification· of thisAct shall remain inforce until the State Government, makes rules inthat behalf. to he prescribed. Repeal of the 57. (I) The Standards of Weights and Measures Act, 1976 and the Standards of 60 of 1976. Standards of Weights and Measures (Enforcement) Act, 1985, ishereby repealed. 54 of 1985. Weights and Measures I\et, (2) Without prejudice to the provisions contained inthe General Clauses Act, 1897, 10 of 1897. 1976 and Standards of with respect to repeals, any notification, rule or order made under the Standards of Weights Weights and and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) 60 of 1976. Measures· Act, 1985,shall, ifinforce, atthecommencement ofthis Act,continue to be inforce and have 54 of 1985. (Enforcement) effect as if itwas made under the corresponding provision ofthis Act. Act, 1985. I] THE GAZETTE OF-INDIA EXTRAORDINARY 17 SEC. (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 itwere made, issued or given under the corresponding provisions of this Act. V.K.BHASIN, Secy. to the Govt. of India. PRINTED BY THE GENERAL MANAGER, GOVT. OF INDIA PRESS, MINTO ROAD, NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI~201O. GMGIPMRND-114GI(S5)-22-01-2010.