LexThe Legal Metrology Act Punjab
Punjab · state statute
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REGISTERED :"10. DL-( ')04/000712003-09
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No. 1J
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EXTRAORDINARY
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PAin 11- Section I
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PUBLISHED BY AUTHORITY
~ ~. "'~fllrn<m, ~ 14, 2010 124 ~. 1931
NEW DELHI, THURSDAY, JANUARY 14,2010 / 24 Pausa, 1931
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Separate paging is given to this Part in order that it may be filed as a separate compi lation.
MINISTRY OF LAW AND JUSTICE
(Legis lative Department)
· New Delhi, the 14th January, 20 I 0/Pausa 24, 1931 (Saka)
The following Act of Parliament received the assent of the President on the
13th January , 2010, and is hereby published for general information: -
THELEGALMETROLOGYAC'C 2009
(No. 1 OF 2010)
[13th Janumy, 2010 ]
An Act to establish and enforce standards of weights and measures, regulate trade
and commerce in weights, measures and other goods which are sold or
distributed by weight, measure or number and for matters com1ected therewith
or incidental thereto.
BE it enacted by Parliament in the Sixtieth Year of the Republic oflndia as follows:
CHAPTER I
P RELIMINARY
1. (1) This Act may be called the Legal Metrol ogy Act, 2009.
(2) It exte nds to the whole of India.
(J) It shall come into force on such date as the Central Government may, by notification
in the Official Gazette, appoint and different dates may be appointed for different provisions
of this Act.
Shon title, c:-.
tent and com
mencement
2. In this Act. unless the context otherwise requires, - Definitions
(a) "Co ntroller" means the Controller of Legal Metrology appointed under
section 14;
(b) "dealer" , in relation to any weight or measure, means a person who, carries
on, directly or otherwise, the business of b·uying , selling, supplying or distributing
2 THE GAZETTE OF INDIA EXTRAORDINARY (PARTfl-
any such weight or measure, whether for cash or for deferred payment or for commission,
remuneration or other valuable consideration, and includes a commission agent, an
importer, a manufacturer, who sells, supplies, distributes or otherwise delivers any
weight or measure manufactured by him to any person other than a dealer;
(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 a place outside Jndia;
if) "label" means any written, marked, stamped, printed or graphic matter affixed
to, or appearing upon ar.y pre-packaged commodity; '
(g) "Legal Metrology" means t hat 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 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 13 and 14;
(1) "manufacturer" in relation to any weight or measure, means a person who
(1) manufactures weight or measure,
(il) manufactures one or more parts, and acquires other parts, of such
weight or measure and, after assembling those parts, claims the end product to
be a weight or measure manufactured by himself or itself, as the case may be,
(iii) does not manufacture any part of such weight or measure but
assembles parts thereof manufactured by others and claims the end product to
be a weight or measure manufactured by himself or itself, as the case may be,
(iv) puts, or causes to be put, his own mark on any complete weight or
measure made or manufactured by any other person and claims such product to
be a weight or measure made or manufactured by himself or itself, as the case
may be;
(j) "notification" means a notification published in the Official Gazette;
(k) "protection" means the utilisation of reading obtained from any weight or
measure, for the purpose of determining any step which is required to be taken to
safeguard the well-being of any human being or animal, or to protect any commodity,
vegetation or thing, whether individually or collectively;
(I) "pre-packaged commodity"· means a commodity which without the purchaser
being present is placed in a package of whatever hature, whether sealed or not, so that
the product contained therein has a pre-determined quantity;
(m) "person" includes,-
(i) a Hindu undivided family,
(ii) every department or office,
(iii) every organisation established or constituted by Government,
(iv) every local authority within the territory oflnd ia,
(v) a company, firm and association of individuals,
(vi) trust constituted under an Act,
2 1 of 1860.
SEC. 1) THE GAZETTE OF INDIA EXTRAORDfNARY 3
(vit) every co-operative society , constituted under an Act,
(viit) every other society registered under the Societies Registration
Act, 1860;
(n) "premises" 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,
(ii) a warehouse, godown or other place where any weight or measure or
other goods are stored or exhibited,
(iii) a place where any books of account or other documents pertaining to
any trade or transaction are kept,
(iv) a dwelling house, if any part thereof is used for the purpose of carrying
on any business, industry, production or trade ,
(v) a vehicle or vessel or any other mobile device, with the help of which
any transaction or business is carried on;
(o) "prescribed" means prescribed by rules made under this Act;
(p) "repairer " means a person who repairs a weight or measure and includes a
person who adjusts, cleans , lubri.;ates or paints any weight or measure or renders any
other service to such weight or measure to ensure that such weight or measure conforms
to the standards established by or under this Act;
(q) "State Government", in relation to a Union territory, means the Administrator
thereof;
(r) "sale", with its grammatical variations and cognate expressions, means transfer
of property in any weight, measure or other goods by one person to another for cash
or for deferred payment or for any other valuable consideration ~d includes a transfer
of any weight, measure or other goods on the hire-purc hase system or any other
system of payment by instalments , but does not include a mortgage or hypothecation
of, or a charge or pledge on, such weight, measure or other goods;
(s) "sea l" means a device or process by which a stamp is made, and includes any
wire or other accessory which is used for ensuring the imegrity of any stamp;
(t) ·'stamp" means a mark, made by impressing, casting , engraving, etching,
branding , affixing pre-stressed paper seal or any other process in relation to, any
weight or measure with a view to-- .
(i) certifYing that such weight or measure conforms to the standard
specified by or under this Act, or
(it) indicating that any mark which was previously made thereon certifYing
that such weight or measure conforms to the standards specified by or under
this Act, has been obliterated ;
(u) "transaction" means,-
(t) any contract, whether for sa le, purchase, exchange or any other purpose,
or
(ii) any assessment of royalty, toll, duty or other dues, or
(iii) the assessment of any work done , wages due or se rvices rendered ;
-
Provisions of
thi s Act to
overn de provi
Sions of any
other luw.
Units of
weight s and
measures to be
based on met
nc system.
Base onit of
weighrs and
measures.
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 a view to ensuring that such weight
or measure conforms to the standards established by or under this Act and also
includes re-verification and calibration;
(w) "weight or measure" means a weight or measure specified by or under this
Act and includes a weighing or measuring instrument.
3. The provisions of this Act shall have effect i1otwithstanding 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.
CHAPTERU
STANDARD WEIGHTS AND MEASURES
4. Every unit of weight or measure shall be in accordance with the metric system based
on the international system of units.
5. ( /) The base unit of-
'(i) length shall be the metre;
(it) mass shall be the kilogram;
Oii) time shall be the second;
(iv) electric current shall be the ampere;
(v) thermodynamic temperature shall be the kelvin;
(vi) luminous intensity shall be the candela; and
(vii) amount of substance shall be the mole.
(2) The specifications of the base units mentioned in sub-section (/), derived units
and other .units shall be such as may be prescribed.
Base unit or 6. (J)The base unit of numeration shall be the unit of the international form oflndian
numeration . numerals.
Standard units
of weigh is and
measures.
Standard
weight,
measure or
numeral.
(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 units of weights and measures.
(2) The base unit of numeration specified in section 6 shall be the standard unit of
numeration.
(3) For the purpose of deriving the value of base, derived and other units mentioned in
section 5, the Central Government shall prepare or cause to be prepared objects or eq uipments
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.
8. ( 1) Any weight or measure which conforms to the standard unit of such weight or
measure and also conforms to such of the provisions of section 7 as are applicable to it shall
be the standard weight or measure.
SEC. I) THE GAZETTE OF fNDIA EXTRAORDINARY 5
(2) Any numeral which conforms to the provisions of section 6 shall be the standar d
numeral. ·
(3) No weight, measure or n.umeral, other than the standa rd weight, measure or numera l,
shall be used as a standard weight, measure or numeral.
1
( 4) No weight or measure, sha ll be manufactured or imported unless it conforms to the
standards ofwe ight or measure specified under section 8:
Provided that provisions of this section shall not apply for manufacture don~
exclusively for export or for the purpose of any scientific investigation or research.
9. (!)The reference stanpards , secondary standards and worki ng standards of weights
and measures shall be such as may be prescribed.
(2) Every reference standard, secondary standard and working standa rd shall be verified
and stamped in such manner and after payment of such fee as may be prescribed.
(3) Every reference standard , secondary standard and working standard which is not
verified and stamped in accordance with the provisions of sub-section (2) shall not be
deemed to be a valid standard .
10. Any transaction, dealing or contract in respect of any goods, class of goods or
undertakings shall be made by such weight , measure or number as may be prescribed.
11. (J) No person shall , in relation to any goods, things or servic~, -
(a) quote, or make announcement of, whether by word of mouth or otherwis~ ,
any price or charg e, or
(b) issue or exhibit any price list, invoice , cash memo or other document , or
(c) prepare or publish any advertisement , poster or other document , or
(d) indicate the net quantity of a pre-packaged commod ity, or
(e) express in relation to any transaction or protection , any quantity or dimension,
otherw ise than. in acco rdance with the standard unit of weight, measure or numeration.
(2) The provisions of sub-section (J) shall not be applicable for export of any good s,
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 articl e, thing or
service in excess of or less than, the quantity s pecified by we ight, measure or number in the
contract or other agreement in relat ion to the said art icle, thing or service, shall be void.
CHAPTER In
.APPOINTMENT AND POWERS OF DIR ECTOR, C ONTROLLER AND LEGAL METROLOGY OFFICERS
13. (I) The Centra l Government may, by notification , appoint a Director of legal
metrology, Additiona l Director, Joint Director, Deputy Director, Assistant Director and other
emplo yees for exercising the powers and discharging the duties confe rred or imposed on
them by or under this Act in relation to inter-State trade and comm erce.
(2) The qualifications of the Directo r and legal metro logy officers appointed under
sub-section (/) shall be such as may be prescribed. ·
(3) The pirector and every lega l metrology officer, appoi n t~d under sub-section (/) ,
shall exercise such powers and discharge such functions in respect of such local limits as the
Cent ral 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.
Retcrcncc, sec
ondary a nd
working stan
dard.
Use of weight
or measure tor
particular pur
posc.s.
Prohibiti on o f
quotation, etc.,
otherwise than
in terms of
standard units
of weight,
meas ure or
numerat ion.
Any custom,
usage, etc ..
contrary to
standard wetght,
measure or
numeration to
be void.
Appointment
of Director,
legal
metrology
officers and
other
emp loyees.
Appointment
of Co ntroll er,
legal
metrol ogy
officers and
other
employees .
Power of
inspection ,
seizure, etc.
6 THE GAZETTE OF INDIA EXTRAORDINARY [PARTil-
(5) The Director, the Controller and every legal metrology officer authorised to perform
any duty by or under this Act shall be deemed to be a public servant within the meaning of
section 21 of the Indian Penal Code. 45 of 1860.
(6) No suit, prosecution or other legal proceeding shall lie against the Director, the
Controller and legal metrology officer authorised to perform any duty by or under this Act in
respect of anything which is in good faith done or intended to be done under this Act or any
rule or order made thereunder.
( 7) The Central Government may, wi~h the consent of the State Government and subject
to such conditions, limitations and restrictions as it may specify in this behalf, delegate such
of the powers of the Director under this Act as it may think fit to the Controller of legal
metrology in the State, and such Controller may, if he is of opinion that it is necessary or
expedient in the public interest so to do, delegate such of the powers delegated to him as he
may think fit to any legal metrology officer and where any such delegation of powers is made
by such Controller, the person to whom such powers are delegated shall exercise those
powers in the same manner and with the same effect as if they had been conferred on him
directly by this Act and not by way of delegation.
(8) Where any delegation of powers is made under sub-section (7), the powers so
delegated shall be exercised under the general superintendence, direction and guidance of
the Director .
. 14. ( J) The State Government m.ay, by notification , appoint a Controller of legal
metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller,
Inspector and other employees for the State for exercising the powers and discharging
the duties conferred or imposed on them by or under this Act in relation to intra State
trade and commerce.
(2) The qualifications of the Controller and legal metrology officers appointed under
sub-section (/) shall be such as may be prescribed.
(3) 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
S~ate Government may, by notification, specify.
( 4) Every legal metrology officer·appointed under sub-section (I) shall exercise and
discharge the duties under the general superintendence, direction and control of the Controller.
15. (/)The Director, Controller or any legal metrology officer may, if he has any
reason to believe, whether from any information given to him by any person and taken down
in writing or from personar"knowledge or otherwise,. that any weight or measure or other
goods in relation to which any trade and commerce has taken place or is intended to take
place and in respect of which an offence punishable under this Act appears to have been, or
is likely to be, committed are either kept or concealed in any premises or are in the course of
transportation,-
(a) enter at any reasonable time into any such premises and search for and
inspect any weight, measure or other goods in relation to which trade and commerce
has taken place, or is intended to take place and any record, register or other document
relating thereto;
(b) seize any weight, measure or other goods and any record, register or other
document or article which he has reason to believe may furnish evidence indicating
that an offence punishable under this Act has been, or is likely to be, committed in the
course of, or in relation to, any trade and commerce.
(2) The Director, Controller or any legal metrology officer may also require the
production of every document or other record relating to the weight or measure referred to in
sub-section (1) and the person having the custody of such weight or measure shall comply
with such requisition.
2 of 1974.
60 of 1976
SEC. l] THE GAZETTE OF INDlA EXTRAORDINARY 7
(J) Where any goods seized under sub-section (1) are subject to speedy or natural
decay, the Director, Controller or legal metrology officer may dispose of such goods in such
manner as may be prescribed.
( 4) Every search or seizure made under this section shall be carried out in accordance
with the provisions of the Code of Criminal Procedure, 1973, relating to searches and seizures.
16. (f) Every non-standard or unverified weight or measure , and every package made Forfeit ure.
in contravention of section 18, used in the course of, or in relation to, any trade and commerce
and seized under section 15, shall be liable to be forfeited to the State Government
. Provided that such unverified weight or measure shall not be forfeited to the State
Government if the person from whom such weight or measure was seized gets the' same
verified and stamped within such time as may be prescribed.
(2) Every weight, measure or other goods seized . under section 15 but not forfeited
under sub-section (1), shall be disposed of by such authority and in such manner as may be
prescribed.
17. (I) Every manufacturer, repairer or dealer of weight or measure sha ll maintain such
records and registers as may be prescribed.
(2) The records and registers maintained under sub-section {!) shall be p~oduced at
the time of inspection to the persons authorised for the said purpose under sub-section (I)
ofsectio n 15.
18. (I) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose
or possess for sale any pre-packag ed com modity unless such packag e is in such standard
quantities or number and bears thereon such declarations and particulars in such manner as
may be prescribed.
(2) Any adver tiseme nt 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 suc:h form and manner a·s 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.
Manufac-
liner s. etc.. to
maintain
records and
regist ers .
Declarations
on pre
packaged
commodities.
Regist rat ion
for importer
of weight or
measure.
20. No weight or measure, whether singly or as a part or component of any machine No n- standa rd
shall be imported un less it confo rms to the standards of weight or measure established by or weights and
under this Act. measures not
to be imponed.
21. (1) For imparting training in Lega l Metrology and other aliied branches of
knowledge the "Indian Institute of Legal Metrology " .(hereinafter referred to as the
" Institute' ') established under the provisions of the Standards of Weights and Measure s
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 curricu la for training thereat , the qualifications , which a person
shall possess in order to be e ligible for admission thereto shall be such as may be prescr ibed.
22. Every person, before manufacturing or importing any weight or measure shall seek
the approval of model of such weight or measure in such manner , on payment of such fee and ·
from such authority as may be prescribed:
Provided that such approval of model may not be required in respect of any cast irOf),
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:
Training in
Legal
Metrology.
Approv al of
mod el.
Prohibition
on
manufacture,
repair or sale
of weight or
measure
without
licence.
Verification
and stamping
of weight or
measure.
Penalt)' for use
of non
standard weight
or measure.
Penalty for
alteration of
weight and
measure.
Penalty for
manufacture or
sale of non
standard weight
or measure.
8 THE .GAZETTE OF INDfA EXTRAORDTNARY (PART II-
Provided further that the prescribed author ity may, if he is satisfied that the mode l of
any weight or measure which has been approved in a country outside India conforms to the
standards established by or under this Act, approve such model without any test or after
such test as he may deem fit.
23. (1) No person shall man!Jfacture, 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):
Prov ided that no· licenc e to repa ir shall be required by a manufacturer for repair of his
own weight or measure in a State other than the State ofinanufacture of the same.
(2) For the purpose of sub-section (1), the Controller shall issue a licence in such form
and manner, on such cond itions, for such period anct·such area of jurisdiction and on payment
of such fee as may be prescr ibed .
CHAPTER IV
VERIFICATION AND STAMPING OF WEIGHT OR MEASURE
24. (1) Every person having any weight or measure in his possession , custody or
control in circumstances indicating that such weight or measure is being, or is intended or is
likely to be, used by him in any transaction or for protection, shall, before putting such
weight or measure into such use, have such we ight or measu re verified at such place and
during such hours as the Controller may, by genera l or specia l order, specify in this behalf , on
payment of such fees as may be presc;ribed.
(2) The Central Government may prescribe the kinds of weights and measures fot'
which the verification is to be done through the Government approved Test Centre.
(J) The Government approve d Test Centre .shall be notified by the Central Government
or the State Government, as the case may be, in such manner , on such terms and conditions
and on payment of such fee as may be prescribed.
( 4) The Government approved Test Centre shall appoint or engage persons having
such qualifications and expe rience and collect such fee on such terms and conditions for the
verificat ion of weights and measures specified under sub-sectio n (2) as may be presc ribed.
CHAPTERV
O FFENCES AND PENALTIES
25. Whoever uses or keeps for use any weight or measure or makes use of any numeration
otherwise thari in accordance with the standards of weight or measure or the standard of
numeration, as the case may be, specified b)( or under this Act, shall be punished with fine
which may extend to twenty-five thousand rupees and for the second or subsequent offence,
with imprisonment for a term which may extend to six months and also with fine.
26. Whoever tampers with, or alters in any way, any reference standard, secondary
standard or working standa rd o r 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 there in on verification , shall be punished with fine which
may extend to fifty thousand rup~es and for the second and subsequent offence with
impr isonment for a term which sha ll not be less than s ix months but which may extend to
one year or with fine or with both. ·
27. Every person who manufactures or caus es to be manufactured or sells or offers,
exposes or possesses for sale, any weight or measure which, -
( a) does not confo rm to the standards of weight or measure specified by or
under th is Act; or
(b) which bears thereon any inscription of weight , measure or number which
does not confor m to the sta ndards of weight , measure or numeration specified by or
under this Act,
SEC. l) THE GAZETTE OF INDIA EXTRAORDINARY 9
except where he is permitted to do so tmder this Act, shall be punished with a fine which may
extend to twenty thousand rupees and for the second or subseque nt offence with
imprisonment for a term 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 l 0 shall be punished with fine which may
extend to ten thousand rupees and for the·second or subsequent offence, with imprisonment
for a term which may extend to one year, or with fine, or with both.
29. Whoever violates section ll shall be punished with fine which may extehd to
ten thousand rupees and, for the second or subsequent offence, with imprisonment for a
term which may extend to one year, or with fine, or with both.
30. Whoever-
(a) in selling any article or thing by weight, measure or number, delivers or
causes to be delivered to the purchaser any quantity or number of that article or thing
less than the quantity or number contracted for or paid for; or
(b) in rendering any service by weight, measure or number, renders that service
less than the service contracted for or paid for; or
(c) in buying any article or thing by weight, measure or number, fraudulently
receives, or causes to be received any q'uantity or number of that article or thing in
excess of the quantity or number contracted for or paid for; or
(ci) in obtaining any service by weight, measure or number, obtains that service
in excess of the service contracted for or paid for,
shall be punished with fine which may extend to ten thousand rupees, and, for the second or
subsequent offence, with imprisonment for a term which may extend to one year, or with fine.
or with both.
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 ariyweight or
measure or any document, register or other record relating thereto, omits or fails without any
reasonable excuse, so to do, shall be punished with fine which may extend to five thousand
rupees and for the second or subsequent offence, with imprisonment for a term which may
extend to one year and also with fine.
32. Whoever fails or omits to submit model of any weight or measure for approval,
shall be punished with fine which may extend to twenty thousand rupees and for the second
or subsequent offence, with imprisonment tor a term which may extend to one year and also
with fine.
33. Whoever, sells, distributes, delivers or otherwise transfers or us·es any unverified
weight or measure shall be punished with fine which shall not be less than two thousand
rupees but which may extend to ten thousand rupees and, for the second or subsequent
offence, with imprisonment for a term which may extend'to one year and also with fine.
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
m~ kmg any
trans<tction
deal or
contract in
contraven
tion of th ~
prescribed
standards.
Penalty for
quotin g or
publishing, etc.,
of non-standard
units.
Penalty for
transactions in
contrav enti on
of standard
weight or
measure.
Penalty for
non
production of
documents,
etc.
Penalt y for
failure to get
model
approved.
Penalty for use
of un verified
we1ght or
measure.
Penalty for
sale or
delivery or
eommod ities,
etc .. by non
standard
weight or
measure.
Penalt y for
rendering
services by
non-standard
weight.
measure or ·
number.
Penalty for
selling. etc., of
non- s tandard
package s.
Penalty for
contraven
tion by
Government
approved Test
Centre .
Penalty for
non
registration by
importer 0 r
weight or
mea sure
Penalty for
import of uon
standard weight
or measure.
Penalty for
obstructing
Director ,
Controller or
legal
metrology
oftlce r.
Penalt y for
· giv ir1g fa lse
information or
false return.
10 THE GAZETTE OF INDIA EXTRAORDINARY [PARTll-
35. Whoever renders or causes to be rendered, any service through means other than
the weight or measure or numeration or in terms of any weight, measure or number other than
the standard weight or measure, shall be punished with fine which shall not be less than
two thousand rupees but which may extend to five thousand rupees and for the second or
subsequent offence, with imprisqnment for a term which shall not be less than three months
but which may extend to one year, or with tine, or with both. ·
36. (I) Whoever manufactures·, packs, impo11s, sells, distributes, delivers or otherwise
transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or
otherwise transferred, offered, exposed for sale any pre-packaged commodity which does
not conform to the declarations on the package as provided in this Act, shall be punished
with tine 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 tine which
shall not be Jess than fifty thousand rupe~s but which may extend to one Jakh rupees or with
imprisonment for a term which may extend to one year or with both.
(2) Whoever manufactures or packs or imports or causes to be manufactured or packed
or imported, any pre-packaged commodity, with error in [let quantity as may be prescribed
shall be punished with fin~ which shall not be less than ten thousand rupees but which may
extend to fifty thousand rupees and for the second and subsequent offence, with fine which
may extend to one lakh rupees or with imprisonment for a term which may extend to one year
or with both.
37. (I) Where any Government approved Test Centre contravenes any of the provisions
ofthisAct or the rules made thereunder, or the conditions of the licence, it shall be punished
with fine which may extend to one lakh rupees.
(2) Where any owner or employee of a Government Approved Test Centre performing
duties in accordance with the provisions of this Act or the rules made thereunder, wilfully
verifies or stamps any weight or measure in contravention of the provisions of this Act or the
rules made thereunder, he sluill, for every such contravention , be punishable with
imprisonment for a term which may extend to one year or with fine which may extend to ten
thousand rupees or with both.
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 or subsequent offence, with imprisonment for a term which may extend to six months,
or with fine, or with both.
39. Whoever imports any non-standard weight or measure shall be punished with
tine, which may extend to fifty thousand rupees and for the second or subsequent offence,
with imprisonment for a term which may extend to one year and also with fine.
40. Whoever obstructs the Director, the Controller or ar..~ ;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 ofticer in the
lawful exercise of his powers or discharge of his functions as such, or whoever obstructs the
entry of the Director or the Controller or any legal metrology officer into any premises for
inspection and verification of any weight or measure or any document or record relating
thereto or the net contents of any packaged commodity or for any other purpose shall be
punished with imprisonment for a term which may extend to two years and for the second or
subsequent offence, with imprisonment for a term which may extend to five years.
41. (1) Whoever gives any information to the Director, the Controller or any legal
metrology officer, which he may require or ask for in the course of his duty, and which such
person either knows or has reason to believe to be false, shall be punished with fine which
may extend to five thousand rupees and for the second or subsequent offence with
imprisonment for a term which may extend to six months and also with fine.
(2) Whoever, being required by or under this Act so to do, submits a return or maintains
any record or register which is false in material particulars, shall be punished with fine which
may extend to. five thousand rupees and for the second or subsequent offence, with
imprisonment for a term which may extend to one year and also with fine.
45 of l86 0.
SEC. 1) THE GAZETTE OF INDIA EXTRAORDINARY I I
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 so search.
doing, and yet-
(a) searches, or causes to be searched, any house, conveyance or place; or
(b) searches any person; or
(c) seizes any weight; measure or other movable property;
shall, for every such offence, be punish~Yd yvith imprisonment for a term 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 metrology officer exercising powers under this
Act or any rule made thereunder, wilfully verifies or stamps any weight or measure, in
contravention of the provisions of this Act or of any rule made thereunder, he shall, for every
such offence, be punished with imprisonment for a term which may extend to one year, or
with fine which may extend to ten thousand rupees or with both.
44. (J) Whoever-
(i) counterfeits any seal specified by or under this Act or the rules made
thereunder, or
(ii) sells or otherwise disposes of any counterfeit seal, or
(iii) possesses any counterfeit seal, or
. (iv) counterfeits or removes or tampers with any stamp, specified by or under
this Act or rules made thereunper, or
(v) affixes the stamp so removed on, or inserts the same into, any other weight
or measure,
shall be punished with imprisonment for a term which shall not be less than six months but
which may extend to one year and for the second or subsequent offence, with imprisonment
for a term which shall not be less than six months but which may extend to tive years.
Explanation. - In this sub-section, ''counte rfeit" 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 thereunder and uses, or, causes to be used, any such seal for making any stamp
on any weight or measure with a view to representing that the stamp made by such seal is
authorised by or under this Act or the rules made thereunder shall be punished with
imprisonment for a term which shall not be less than six months but which may extend to one
year and for the second or subsequent oflence, with imprisonment for a term which shall not
be less than six months hut which may extend to five years.
(3) Whoever, being in lawful possession of a seal specified by or under this Act or the
rules made thereunder, uses, or causes to be used, such seal without any lawful authority for
such use, shall be punished with imprisonment for a term which shall not be less than six
months but which may extend to one year and for the second or subsequent offence, with
imprisonment for a term which shall not be less than six months but which may extend to five
years.
( 4) Whoever sells or offers or exposes for sale or otherwise disposes of any weight or
measure which, he knows or ~as reason to believe, bears thereon a counterfeit stamp, shall
be punished with imprisonment for a term which shall not be less than six months but which
may extend to one year and for the second or subsequent offence, with imprisonment for a
term which shall not be less than six months but which may extend to five years.
45. Whoever, being required to obtain a licence under this Act or the rules made
thereunder, manufactures, without being in possession of a va~id licence, any weight or
measure, shall be punished with fine which may extend to twenty thousand rupees and for
the second or subsequent offence, with imprisonment for a term which may extend to one
year, or with fine, or with both.
Penall y for
verif ication in
contraventi on
of A ct and
rules.
Penall y for
counterfe iting
of seals. etc.
Penally for
manufacture
of weight and
measure
without
licence.
-
P.:nally rut
•~patr , sale.
etc ., of we1ght
and mca~ure
without
licence .
Penally for
• tampering with
liccnc.:
<.ompoundi ng
ol Mli:nccs .
Ofl.:nce~ by
compames and
power 0 r court
to publish
name. place or
busim: ss, etc .,
lor co mpan i~::s
conv icted.
12 THE GAZETTE OF INDIA EXTRAORDINARY [PART 11--
46. Whoever, being required to obtain l' licence under this Act or the rules mad~.:
thereunder repairs or sells or offers, exposes or possesses for repair or sale. any weight or
measure, without being in possession of a valid licence, shall be punished with fine which
may extend to five thousand rupees and for the second or subsequent offence, with .
imprisonment for a term which may extend to one year, or with fine, or with both.
47. Whoever alters or otherwise tampers, with any licence issued or renewed under
this Act or rules made thereunder, otherwise than in accordance with any authorisation made
by the Controller in this behalf, shall be punished with fine which may extend to twenty
thousand rupees, or with imprisonment for a term which may extend lO one year or with both.
48. (/)Any offence punishable under section 25, sections 27 to 39, sections 45 'to 47,
or any rule made under sub-sect ion (3) of section 52 may, either before or afler the institution
of the prosecution, be compounded, on payment for credit to the Government of such sum as
may be prescribed.
(2) The Director or legal metrology officer as may be specially authorised by him in this
behalf, may compound offences punishable.under section 25, sections 27 to 39, or any rule
made under sub-section (3) of section 52.
(3) The Controller or legal metrology officer specially authorised by him, may compound
offences punishable under section 25, sections 27 to 3 1, sections 33 to 37, sections 45 to 4 7,
and any rule made under sub-section (3) of section 52:
Provided that such sum shall not, in any case, exceed the maximum amount ofthc fine,
which may be imposed under this Act for the offence so compounded.
(./)Nothi ng in sub-section(/) shall apply to person who commits the same or similar
offence, within a period of three years from the dale on which the first offence, committed by
him, was compounded.
Explanation.- For the purposes of this sub-section, any second or subsequent offence
committed after the expiry of a period of three years from the date on which the offence was
previously compounded, shall be deemed to be a first offence.
(5) Where an offence has been compounded under sub-section (1), no proceeding or
further proceeding, as the case may be, shall be taken against the offender in respect or the
oiTcnce 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) (I) the person, if any, who has been nominated under sub-section (2) to be in
charge of, and responsible to, the company for the conduct of the business of the
company (hereinalter in this section referred to as a person responsible); or
(ii) where no person has been nominated, every person who at the time the
otfence was committed was in charge of, and was responsible to, the company for the
conduct of the business of the company; and
(b) the company,
shall be deemed to be guilty of the offence and shall be liable to be proceeded against and
punished accor dingly:
Provided that nothing contained in this s ub-section shall render any such person
liable to any punishment provided in this Act if he proves that the offence was committed
without his knowledge and that he exercised all due diligence to prevent the commission or
such offence.
(2) Any company may, by order in writing, authorise any of its directors to exercise all
such powers and take all such steps as may be necessary or expedient t~ prevent the
commission by the company of any offence under this Act and may give notice to the
Director or the concerned Controller or any legal metrology ofticer authorised in this behalf
SEC. l] THE GAZETTE OF INDIA EXTRAORDfNARY 13
by such Controller (hereinafter in this section referred to as the authorised officer) in such
form and in such manner as may be prescribed, that it has nominated such director as the
person responsible, alongwith the written consent of such director for being so norriinated.
Explanation.- Where a company has different establishments or branches or different
units in any establishmetJt or branch, different persons may be nominated under this sub
section in relation to different establishments or branches or units and the person nominated
in relation to any establishment, branch or unit shall be deemed to be the person responsible
in respect of such establishment, branch or unit.
(3) The person nominated under sub-section (2) shall, until-
(i) further notice cancelling such nomination is received from the company by
the Director or the concerned Controller or the authorised officer; or
(ii) he ceases to be a director of the company; or
(iit) he makes a request in writing to the Director or the concerned Controller or
the legal metrology officer under intimation to the company, to cancel the no.mination,
which request shall be complied with by the Director or the conceExcerpt shown. Open the full act in Lexace.