LexThe Legal Metrology Act 2009
Gujarat · state statute
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the 3 lst December, 2010, published in the Cravette of India,
Part f, Section 3, sub-section (11), dated the [st January.
2011, hereby appoints the Ist day of April, 2011, the date
on which ihe said Act. shall come inte force.
[FON WT P20 1 OPA, |
RARESH KRACKER, Adal See,
Prinkes by dhe Mime, Govemment of India Pres, Ring Road, ‘Moyepun, Mew Delhi- i ini
and Published by the Controller af Publicaiions, Cathi- 11 00o4,
dae ee 2 Te — (TO eT 2003—08 REGISTERED NO. DL—(Nj04/0007/2003—09
Rd a The Gazette e of Frdia
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wT Il— We 1
PART Il — Section 1
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PUBLISHED BY AUTHORITY
F 1 ae feret, seeriran, saat 14, 2010 /24 Thy, 1931
No. 1] NEW DELHI, THURSDAY, JANUARY 14, 2010/24 Pausa, 1931 Sune
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"MINISTRY OF LAW AND JUSTICE
(Legislative Department)
New Delhi, the l4rh January, 2010/Pausa 24, 1931 (Saxe)
The following Act of Parliament received the assent of the President on the
13th January, 2010, and is hereby published for general information:—
THE LEGAL METROLOGY ACT, 2009
(No. 1 of 2010)
(13e tomer, 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 by weight, measure or number and for matters connected therewith
or incidental thereto.
Be it enacted by Parliament in the Sixticth Year of the Republic of India as follows:-—
CHAPTER |
PRELIMINARY
1. (7) This Act may be called the Legal Metrology Act, 2009. Shon title, ex-
(2) Tt extends to the whole of India. pai ci
(3) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appomt and different dates may be appointed for different provisions
of this Act, :
2. Jit this Act, unless the context otherwise requires, — Definitions
(a) “Controller” means the Controller of Legul Metrology appointed under
section 14;
(6) “dealer”, in relation to any weight or measure, means @ person who, carries
on, directly or otherwise, the business of buying, selling, supplying or distributing
THE GAZETTE OF INDIA EXTRAORDINARY [Past Il
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 manufaciurer, who sells, supplics, distributes or otherwise delivers any
weight or measure manufactured by him to any person other than a dealer;
(c) “Director” means the Director of Legal Metrology appointed under
section 13:
(@) “export! with: it.2rammatical variations and cognate expressions, means
taking out of India to-a:place-outside India;
(2) “import” with its: grammatital variations and cognate expressions, means
bringing into India from a place outside India;
(“label" means any written, marked, stamped, printed or graphic mamer affixed
to, OF appearing upon any pre-packaged commodity,
(g) “Legal Metrology" mcans 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;
(A) “legal metrology officer” means Additional Director, Additional Controller,
Joint Director, Joint Controtler, Deputy Director, Deputy Controller, Assistant Director,
Assistant Controller and Inspector appointed under sections 13 and 14,
(‘) “manufacturer” in relation to any weight or measure, means a person wha —
(4) manufactures weight or measure,
(fi) manufactures one or more paris, 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,
(i) does not manufacture any part of such weight or measure but
assembles parts thereof manufactured by others and claims the end product te
be a weight or measuré manufactured by himself or itself, as the case may be.
(/¥] puts, or causes to be pul, 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
Imay be: ,
; (/) *notification" means a notification published in the Official Gazette:
(&) “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 commadity,
vegetation or thing, whether individually or collectively;
(0 “pre-packaged commodity” ineans a commodity which without the purchaser
being present is placed in a package of whatever nature, whether sealed of nol, so that
the product contained therein has a pre-determined quantity,
(m) “person” includes, — :
(7) a Hindu undivided family,
(i) every department or office,
(ui) every organisation established or constiluled 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,
Sec. 1] _ THE GAZETTE OF INDLA EXTRAORDINARY 3
(vil) every co-operative society, constituted under an Act,
(viii) every other society registered under the Socictics Registration
7L of 1860 Acct, 1840;
() “oremises™ includes—
(‘) 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,
(i) a warehouse, godown or other place where any weight or measure or
other goods are stored or exhibited,
(iif) a place where any books of account or other documents pertaining to
any trade or transaction are kept,
(iv) a dwelling house, ifany 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 tremsaction or business is carried on;
(a) “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”, io 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
ar 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 coods;
(5) “seal” means a device or process by which a stamp 1s made, and includes any
wire or olher accessory which is used for ensuring the integrity of any stamp:
(f) “stamp” means a mark, made by impressing, casting, engraving, etching,
branding, affixing pre-stressed paper sea] or any other process in relation to, any
weight or measure with a view to—
(4 certifying that such weight or measure conforms to the standard ©
specified by or under this Act, or
(i!) 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;
(i) “transaction” means,—
( any contract, whether forsale, purchase, exchan ge or any other purpose,
(i) any assessment of royalty, toll, duty or other dues, or
(iif) the assessment of any work done, wages due or services rendered:
Provisieds of
tis Act to
wreride provi-
sions Ol sy
other law
Linits ay
weights wid
ineasures fo be
based on mmel-
mig systent
Base unit ob
weights and
MGRAUTES.
Base uk ef
Ape aE Lo
Standard winits
af weights and
MYSSLTCS.
Stundard
weizht,
Hgas re We
Huineral
- THE GAZETTE OF INDIA EXTRAORDINARY a tt a a
[Part Ll-=
iv) “verification”, with its grammatical variations and cognate expressions,
includes, in relation to-any weight or measure, the process of comparing, checking,
testing or adjusting suctr weight or measure with a view to ensuring thal such weight
or measure conforms to the standards ¢stablished 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.
3. The provisions of this Act shall have effect notwithstanding anything inconsistent
therewith contained in any enactment other than this Act or in any instrument having effect
by virtue of any enactment other, than this Act.
CHAPTER
STANDARD WEIGHTS AND MEASURES
4, Every unit of weight or measure shal! be in accardance with the metric system based
on the international system of wnits,
§,(/) The base-unit of —
(f) length shall be the metre;
Cif} mass shail be the kilogram;
(iif) time shall be the second;
(iv) electric current shall be the ampere;
(v) thermodynamic temperature shall be the kelvin;
(vj) luminous intensity shall be the candela; and
(vif) amount of substance shall be the mole.
(2?) The specifications of the base uniis mentioned in sub-section (7), derived units
and other units shall be such as may be prescribed.
6. (2) The base unit of numeration shall be the unit ofthe 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.
7. (/) The base units of weights and measures specified in section 5 shall be the
standard unils 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
lests shall be such as may be prescribed.
8. (2) Any weight er 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.
ed MO oo
THE GAZETTE OF INDIA EXTRAORDINARY 2
= paeeera
(2) Any numeral which conforms to the provisions of section 6 shal! be the standard
numeral.
(3) No weight, measure or numeral, other than the standard weight, measure or numeral,
shall be used ss a standard weight, measure or numeral.
if) 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,
9, (7) 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,
(7) 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.
10. Anv 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.
11. (7} 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
(+) issue of exhibit any price list, invoice, cash memo or other document, or
(¢) prepare or publish any advertisement, poster or other document, dr
(4) indicate the net quantity of a pre-packaged commodity, or
(2) 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 (/)}-shall not be applicable for export of any ganda,
things or service,
12. Any custom, usage, practice or method of whatever nature which permits a person
to demand, receive or cause to be demanded or received, any quantity of article, thing or
service in excess of or less than, the quantity specified by weight, measure or number in the
contract or other agreement in relation to the said article, thing or service, shall be void.
CHAPTER IIL
APBGINTMENT AND PowsRSs OF Dinector, CONTROLLER AND LEGAL METROLOGY OFFICERS
13. (7) The Central Government may, by notification, appoiat a Director of legal
metrology, Additional Director, Joint Director, Deputy Director, Assistant Director and other
employees for exercising the powers and discharging the duties conferred or imposed on
them by or under this Act in relation to inter-State trade and commerce.
(2) The qualifications of the Director and legal metrology officers appointed under
sub-section (/) shall be such as may be prescribed, ,
(3) The Director and every legal metrology officer, appointed under sub-section (7),
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 (/') shall exercise powers
and discharge duties under the general superintendence, direction and control of the Director,
Reteranga, rec
ondary and
working Slan-
dard,
Use of weight
ar méasure for
particular puae-
peses
Prohibition. of
guotation, etc.,
otherwise than
in terms af
standard untts
of werglet,
mcasure or
TTT rat as
Any custom,
Spee, he.
COMETaAry oO
slandard weight,
meashre oF
nhomeration ti
be vend
7
Appomiment
of Director,
irgal
metrology
ofticers and
other
enmiploveds,
[ch THE GAZETTE OF INDIA EXTRAORDINARY [Paxr li—
(5) The Director, the Controller and every legal metrology officer authorised to perforin
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. Aas Be
(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 thercunder,
(7) The Central Government may, with the consent of the State Government and subject
to such conditions, limitations and restrictions ag 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 fitte 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 thase
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.
(3) Where any delegation of powers is made under sub-section (7), the powers so
delegated shall be exercised under the general superintendence, direction and guidance of
the Director.
Appointment 14, (/) The State Government may, by notification, appoint a Controller of legal
= aes inetrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller,
meaclauy inspector and other employees for the State for exercising the powers and discharging
aficers.ang the duties conferred or imposed on them by or under this Act in relation to inira State
athes trade and commerce,
employees
(2) The quatifications of the Controller and egal metrology officers appointed under
sub-section (/) shall be such as may be prescribed,
(2) The Controller and every legal metrology officer, appointed under sub-section (/),
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 (J) shall exercise and
discharge the duties under the general superintendence, direction and conical of the Controller.
Power of 15. (/) The Director, ControWer or any legal metrology officer may, if he has any
wae at reason to believe, whether from any information given to him by any person and taken down
Sv Rrnlsea in writing or ftom 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 ta be, committed are cither 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 therete;
(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 ofevery document or other record relating to the weight or measure referred to in
sub-section (/) and the person having the custody of such weight or measure shall comply
with such requisition.
2 of 1974.
60 of 1976
Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7
(3) Where any goods seized under sub-section (/) 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 Cede of Criminal Procedure, 1973, relating to searches and seizures.
16. (/) Every non-standard or unverified weight or measure, and every package made
in contravention of section 18, used inthe course of, or in relation to, any trade and commerce
ane 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 (/}, shall be disposed of by such authority and in such manner as may be
prescribed.
17, (7) 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 (/) shall be produced at
the time of inspection to the persons authorised for the said purpose under sub-section (/)
of section 15,
18, (/) 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.
19, 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.
20. No weight or measure, whether singly or as a part or component of any machine
shal! be imported unless it conforms to the standards of weight or measure established by or
under this Act
Zi. (/) For imparting training in Legal Metrology and other allied branches of
knowledge the “Indian Institute of Legal Metrology” (hereinafter referred to as the
“Institule”) established under the provisions of the Standards of Weights and Measures
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-for training thereat, the qualifications, which a person
shal! possess in order to be eligible for admission thereto shall be such as may be prescribed.
22. Every person, before manufi facturing or importing any weight or measure shall seek
the approval of model of such weight or measure in such manner, on payment ofsuch fee and
from such authority as may be prescribed:
Provided that such approval of model may not be required in respect of amy 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:
Forfeliure.
Manufac-
turers, etc,, to
rina tis id
records and
repigners,
Declarations
On Pree
packaged
commaditics,
Rewistration
for importer
af wight of
mrasure
Non-standard
weights and
mtakures mol
to be impored.
Training in
Legal
Meirolozy.
Approval of
model
Nehibition
on
Manufacture,
repair or sale
of weight or
MEMS ure
WEA
ligence
Verificalon
and saimping
ol weight or
Meher
Penalty tur use
of now
dandard weiglll
Of measure.
Punalty | fot
altuvation of
Weight and
Migasure,
Penaliy for
Minufeciane of
dale of won
stindard weight
ur mcasure.
hy THE GAZETTE OF INDLA EXTRAORDINARY [Paxr LI—
Provided further that the prescribed authority may, if he is satisfied that the model of
any weight or measure which has been approved in 4 country outside India cantorms to the
standards established by or under this Act, approve such model without any best or afler
such test as he may deem fit.
23. (/}) 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 (/), 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
24, (/) 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.
(#) The Government approved Test Centre shal! 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 ¥
OFFENCES AND PENALTIES
25. Whoever uses or keeps for use any weight or measure or makes usc 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 aterm which may extend to six months and also with fine. = *
26. Whoever wnipers 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 aterm which shall not be less than six months but which may extend to
one year or with fine or with both.
27. 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 conlorm to the standards of weight or measure specified by or
under this Act, or
(6) 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
uncer this Act,
Sec. 1} =——_
THE GAZETTE OF INDIA EXTRAORDINARY 9
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
inprisonment for aterm which may extend to three years or with fine or with both,
28, 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 te ten thousand rupees and for the second or subsequent offence, with imprisonment
fora term which may extend to one year, or with fine, or with both,
29, Whoever violates section |! shall be punished with fine which may extend to
ten thousund 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.
au, Whoeyer—
(a2) in selling any article or thing by weight, measure or aumber, delivers or
cuuses to be delivered to the purchaser any quantity or number of that article or thing
less than the quantity or number contracted far or paid for; or
(5) 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
(a) 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
suosequent offence, with imprisonment fora term which may extend to one year, or with fine,
or with both.
31. 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 ary weight or
Incasure or any document, register or other record relating thereto, omits or fails without any
reasonable excuse, soto da, shall be punished with fine which may extend to five thousand
rupecs and for the second or subsequent offence, with imprisonment for a term which may
extend to one year and also with fine. ,
32, Whoever tails 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.
33, Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified
weight or measure shall bé punished with fine which shall not be less than two thousand
rupecs but which may extend to ten thousand rupees and, for the second or subsequent
offence, with imprisonment for aterm which may extend to one year and also with fine.
34, 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.
Penalty for
Making any
trengderion,
deal ov
COMED li
Com raven-
Hon oF the
preserthed
Slanudards
Penalty for
CML ae or
pulblisining, cie.,
oF naui-standand
unity
Penalty for
TANSSClLOns 14
contravention
of standard
weal Or
measure :
Penalty fer,
mot
production af
documents,
ele
Penalty for
failure Lo pel
madel
approved
Ponalty for use
of unverified
weigit or
TMewsiire
Penalty for
sale or
délivery of
commodities,
etc., by nan
standard
weight of
TEP Serre
Penally for
rendering
services by
non-¢faridard
weiplit,
TNCHAUEe OF
Mumber
Penalty for
selling, dic., of
Honsstandard
_ Rachages
Penalty for
CONEY EE
hon by
Government
uppraved Test
Centre
Penalty for
1h
reE station by
importer of
weight or
mezgure
Penalty for
Eripert wt anette
standard weignt
O7 Measure
~ Penalty to
obstructing
Dircctur,
Controller ar
egal
metrology
offices,
Penalty for
“wiving faise
Information or
(alae eluiret.
THE GAZETTE OF [INDIA EXTRAORDINARY {Part il—
35. Whoever renders or causes to bé rendered, any service through imeans 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 bo punished with fine which shall net 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.
34. (/) Whoever manufactures, packs, imports, sells, distributes. delivers or otherwise
transiers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or
otherwise transterred, offered, exposed for sale any pre-packaged commodity which does
not confarm 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 aterm which may extend to ane year or with both.
(2) Whoever manufactures or packs or imporis or causes to be manufactured or packed
or imported, any pre-packaged commodity, with error in nel quantity as may be prescribed
shail be punished with fine which shall net be less than ten thousand rupees but which may
extend to fifty thousand rupees and for the second and subsequent offence, with fine waich
may extend to one lakh rupees or with imprisonment fora term which may extend to one year
or with both.
37. (J) 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 employes of a Government Approved Test Centre performing
duties in accordancé with the provisions of this Act or the rules made thereunder, wilfully
verifies or slamps any weight or measure iq contravention of the provisions of this Act or the
’ tules 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 mupees or with both.
38. 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 of subsequent offence, with imprisonment for aterm which may extend lo six menths,
or with fine, or with both.
39. 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 imprisanment lor a term which may extend to ane year and also with fine.
40. Whoever obstructs the Director, the Controller or an; . gal 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
jawtul excrcise 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 fora 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.
41. (/) Wheever 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.
(7) 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.
43 of 1860
=
Sr. 1] THE GAZETTE OF INDIA EXTRAORDINARY a
42. The Director, the Controller or any legal metrology officer, exercising powers under = Vexatious
this Act or any rule made thereunder, who knows that there are no reasonable grounds for sa searct,
doing, and yet— :
(a) searches, Or causes lo be searched, any house, conveyance or place; or
(#) searches any person; or
(c} seizes any weight; measure er other movable property;
shall, for every such offence, be punished with imprisonment fora term which may extend to
one year, or wilh fine which may extend to ten thousand rupees or with both,
43, Where the Controller or any legal metrology officer exercising powers under this Penalty
Act or any rule made thereunder, wilfully verifies or stamps any weight or measure, in verification
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 te one year, or 1.
with fine which may extend to ten thousand rupees or with both.
44. (/) Wheever— Penalty for
3 : : z lorteiti (é) counterfeits any seal specified by or under this Act or the rules made Ce yy ote
thereunder, or
(ii) sells or otherwise disposes of any counterfeit seal, or
(iif) 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 aterm which shall not be less than six months but
which may extend to one year and for thesecond or su bsequent offence, with imprisonment
for a term which shall not be less than six months but which may extend to five years.
{xplanation,—In this sub-section , “counterfeit” shall have the meaning assigned to
it in section 28 of the Indian Penal Code.
(2) Whoever obtains, by unlawful] means, any seal specified by or under this Act or the
rules made thercunder 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 seul is
authorised by or under this Act or the rules made thereunder shall be punished with
imprisonment for aterm which shall not be less than six months but which may extend to ore
year and for the second or subsequent offence, with imprisonment for a term which sha!l not
be less than six months but which may extend to five years.
(3) Wheever, being in lawful possession ofa 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 usé, 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 fora term which shal! not be less than six months but which may extend to five
Wwhors.
i+) 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 @ counterfeit stamp, shall
be punished with imprisonment for a term which shall not be less than six months but which
imay 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
for
in
contravention
of Act end
ne
thercunder, manufactures, without being in possession of a valid licence, any weight or manufacture
measure, shall be punished with fine which may extend to twenty thousand rupees and for ‘deans
the second or subsequent offence, with imprisonment fora term which may extend to one viour
year, or wilh fine, or with both. licence.
of weight and
Penaley tor
repair, sale,
ete. oF weight
and measure
without
licence.
Purdeley for
tampering wills
Ligenee
Compounding
uf ullences
Gtfenses, by
Guimpaties and
power af gourt
Lay pia edisdi
haine, place of
business, ele,
Tor Companies
convicted.
| ot
hl
THE GAZETTE OF INDIA EXTRAORDINARY
se ahem aren eared
[Parr il—
46. Whoever, being required to obtain a lisence under this Actor the rules made
thereunder repairs ar sells or offers, exposes or possesses for repair or sale, ary weight or
measure, without being in possession ofa 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.
47, Whoever alters or atherwise 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 fora term which may extend to one year or with both.
48. (!) Any offence punishable under seclion 24, sections 27 to 39, sections 43 i047,
Or ay rule made under sub-section (7) of section 42 may, either before or alter the institution
of the prosecution, be compounded, on payment for credit te the Government of such sum as
nay 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 $2.
(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 ta 47
and any rule made under sub-section (3) of section $2:
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 (/) shall apply to person who commits the same or similar
offence, within a period of three years from the date on which the first aftence, committed by
him, was compounded.
Explanation.—For the purposes of this sub-section, any second or subsequent offence
committed alter 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.
(3) Where an offence has been compounded under sub-section (/}, 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,
49. (/) Where an offence under this Act has been committed by a company,—
(a) (4) the person, iPany, who has beer 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
(i) where no person has beer 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
(4) the company,
shall be deemed to be guilty of the offence and shall be liable io be proceeded against anc
punished accordingly:
Provided that nothing contained in this sub-seclion shall render any such
liable to any punishment provided in this Act if he proves that the offence was c
without his knowledse and that he txercised all due diligence to prevent the cr
such offence,
(2) Any company may, by order in writing, authorise any of its dir
such powers and take all such steps as may be necessary or ex
commission by the campany of any offence under this Act ar
Director or the concExcerpt shown. Open the full act in Lexace.