Background:
The Gujarat Legal Metrology (Enforcement) Rules, 2011 were framed under the Legal Metrology Act, 2009 to regulate trade practices involving weights and measures within the State of Gujarat. These rules establish standards for manufacturing, verification, use, and inspection of weighing and measuring instruments to ensure accuracy in commercial transactions and consumer protection. They define licensing requirements for manufacturers, repairers, and dealers, prescribe procedures for verification and stamping, and outline duties, documentation, and compliance obligations. By enforcing uniform measurement practices and minimizing fraudulent or inaccurate trade activities, the rules support fair commerce and uphold market integrity across the state.
Applicability:
These rules apply to anyone involved in manufacturing, importing, repairing, dealing, owning, or using weights and measures for transactions, trade, commerce, or consumer protection within the State of Gujarat.
Compliance Requirements under the Rules
A Certificate of Verification is a non-transferable document issued by the Legal Metrology Officer after testing, verification and stamping a weight or measure, confirming it meets prescribed standards for lawful use in transactions or protection.
The Legal Metrology Officer shall also mark the year and its quarter of stamping on every verified weight or measure except when the size or nature of such weight or measure makes it impracticable.
Periodical interval for the verification of weights or measures shall be as specified in the Legal Metrology (General) Rules, 2011.
All weights and measures shall before use be stamped and verified by the Legal Metrology Officer who would stamp the same on satisfaction that they conform to the standards established by or under the Act. The stamp shall indicate the number allotted for administrative purpose and shall also be marked with the year and its quarter of stamping on every verified weight or measure except when the size or nature of such weight or measure makes it impracticable.
A weight or measure duly verified and stamped under these rules is deemed to conform to the standards across the State where it is stamped, unless a later inspection or verification finds that it no longer meets the standards prescribed under the Act
a) No weight or measure which is, or is deemed to be, duly verified and stamped under this Act shall require to be re-stamped merely by reason of the fact that it is being used at any place within the State other than the place at which it was originally verified and stamped. Provided that where a verified weight or measure, installed at one place is dismantled and reinstalled at a different place, such weight or measure shall not be put into use unless it has been duly re-verified and stamped, notwithstanding that periodical re-verification of such weight or measure has not become due.
b) Where a verified weight or measure has been repaired, whether by a licenced repaired or by the person owning and possessing the same, such weight or measure shall not be put into use unless it has been duly re-verified and stamped, notwithstanding that periodical re-verification of such weight or measure has not become due.
5. Conditions for using weights & measures (Rule 22)
To ensure proper delivery of the petrol / diesel pumps, the retail dealer of the pump shall keep a verified 5 litre/l0litre capacity measure in his premises and check the output from the pump every day before put into use of dispensing pump to ensure its correct delivery. In case of any short delivery the dealer shall stop the delivery through the pump immediately and inform the legal metrology officer concerned to recalibrate the pump.
The Certificate of Verification must be displayed prominently at the premises where the related weights or measures are used. Itinerant vendors must keep the certificate with them. For vehicle tanks, the certificate must remain with the vehicle.
The person to whom a certificate of verification isCissued shall exhibit the same in a conspicuous place in the premises where the weights, measures or weighing or measuring instruments to which the certificate relates are used:
Provided that in the case of itinerant vendor, the certificate shall be kept with the person:
Provided further that in the case of vehicle tank, the certificate of verification shall be kept with the vehicle.
Every person using any weight or measure in any transaction or for protection shall present such
weight or measure for verification / re-verification, at the office of the Legal Metrology Officer or at such other place as the Legal Metrology Officer may specify in this behalf on or before the date on which the verification falls due and shall make an application as per the form prescribed in Schedule XIII for getting that weight or measure verified / re-verified:
Provided that where any weight or measure is such that it cannot, or should not be moved
from its location, the person using such weight or measure shall report to the Legal Metrology
Officer at least thirty days in advance of the date on which the verification falls due.
Every Manufacturer/Repairer/Dealer licence issued or renewed under the Act shall be displayed in a conspicuous place in the premises where the licencee carries on business.
Every licence holder shall furnish returns in forms as prescribed in Schedule VII duly signed by him to the concerned officer within 15 days from the end of the quarter to which the return relates. If required he shall submit the same in Online form also.
Every Weight or measure used or intended to be used in any transaction or for protection shall conform as regards physical characteristic, configuration, constructional details, materials, performance, tolerances and such other details, to the specifications prescribed under the Act or the Legal Metrology (General) Rules, 2011
Except in the cases of commodities specified in Schedule I, the declaration of quantity in every transaction, dealing or contract, or for protection shall be terms of the unit of-
(a) weight, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid;
(b) length, if the commodity is sold by linear measure;
(c) area, if the commodity is sold by area measure;
(d) volume, if the commodity is liquid or is sold by cubic measure; or
(e) number, if the commodity is sold by number.
Every manufacturer, repairer or dealer licenced under the Act and these rules shall maintain such workshop, equipment’s, tools, registers, etc. as the case may be, as per the terms and conditions of the licence.
All licensee manufacturers shall be having tools and equipment’s in their production workshop as per TABLE F prescribed under Schedule VI-A.
Every manufacturer of or repairer of, or dealer in weight or measure licenced under the Act and these rules shall maintain records and registers in the Form LM-4/LR-4/LD-4
Every manufacturer/repairer/dealer of a weight/measure shall have a License issued from Legal Metrology Department in Form LM-3/LR-3/LD-3 respectively. Every manufacturer of, or repairer of, or dealer in weight or measure shall make an application for the renewal of a licence within thirty days before the expiry of validity of the licence to the Controller of legal metrology or such other officer as may be authorized by him in this behalf, in the Form LM-2/LR-2/LD-3 respectively.
Every manufacturer, repairer or dealer licenced under the Act and these rules shall maintain such workshop, equipment’s, tools, registers, etc. as the case may be, as per the terms and conditions of the licence. A licence issued or renewed under this Act shall not be saleable nor transferable.
Penalty & Punishment
Whoever, sells, distributes, delivers or otherwise transfers or uses 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.
Whoever contravenes any provision of these rules, for the contravention of which no punishment has been separately provided in the Act, shall be punished with fine, which may extend to five thousand rupees. Whenever rules are in conflict with the provisions of the Act, the Act will prevail the rules.
Whoever uses or keeps for use any weight or measure or makes use 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 [one lakh rupees and for the second offence with fine which may extend to two lakh rupees and for the third and subsequent offence, with fine which may extend to five lakh rupees
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 any weight 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.
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 may extend to twenty-five thousand rupees and for the second offence with fine which may extend to fifty thousand rupees and for the third and subsequent offence, with fine which may extend to one lakh rupees
Whoever, being required to obtain a licence under this Act or the rules made thereunder, manufactures, without being in possession of a valid 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.
Whoever, being required to obtain a licence under this Act or the rules made 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.