The Legal Metrology Act, 2009 ensures uniform standards of weights and measures in commercial transactions and protects consumer interest by regulating trade practices related to weights, measures, and numeration. This Act provides comprehensive provisions governing the manufacture, import, distribution, sale, and verification of weights and measures in India.
Applicability
The provisions of this Act apply to all individuals and entities engaged in trade or commerce involving weights or measures. This includes manufacturers, packers, importers, dealers, and service providers involved in transactions that use weights and measures.
Compliance requirements under the Act
1. Dealing/Transaction to be Made by Weight, Measure or Number (Legal Metrology Act, 200 Section 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.
2. Prohibition of Quotation, etc., Otherwise Than in Terms of Standard Units of Weight/Measure/Numeration (Legal Metrology Act, 2009, Section 11)
No person shall, in relation to any goods, things or service—
(a) quote or announce prices,
(b) issue or display invoices, cash memos, or similar documents,
(c) publish advertisements,
(d) indicate net quantity of pre-packaged commodities, or
(e) express any quantity or dimension—other than in accordance with standard units of weight, measure or numeration.
3. Any Custom, Usage, etc., Contrary to Standard Weight, Measure or Numeration to be Void (Legal Metrology Act, 2009, Section 12)
Any custom, usage, practice or method permitting receipt or demand of a quantity of goods/services different from what is agreed in terms of weight, measure or number shall be void.
4. Declarations on Pre-Packaged Commodities (Legal Metrology Act, 2009, Section 18)
No person shall manufacture, pack, sell, import or possess for sale any pre-packaged commodity unless the packaging contains standard quantities and declarations in a prescribed manner.
Advertisements must also declare the net quantity or number of the commodity.
5. Registration for Importer of Weight or Measure (Legal Metrology Act, 2009, Section 19)
No person shall import any weight or measure unless he is registered with the Director and pays the prescribed fees.
6. Non-Standard Weights and Measures Not to Be Imported (Legal Metrology Act, 2009, Section 20)
No weight or measure, whether standalone or part of a machine, shall be imported unless it conforms to the prescribed standards.
7. Approval of Model of Weight/Measure by Manufacturer/Importer (Legal Metrology Act, 2009, Section 22)
Before manufacturing or importing any weight or measure, approval of the model must be obtained from the competent authority. Certain standard items used in retail trade may be exempt from this requirement. Approval may be granted to foreign models if compliant with Indian standards.
8. Prohibition on Manufacture, Repair or Sale Without Licence (Legal Metrology Act, 2009, Section 23)
No person shall manufacture, repair, or sell any weight or measure without a licence from the Controller.
Manufacturers repairing their own equipment in other states are exempt from this requirement.
9. Verification and Stamping of Weight or Measure (Legal Metrology Act, 2009 – Section 24)
All weights or measures intended for use in transactions or protection must be verified and stamped by authorities at designated locations and hours on payment of prescribed fees.
Certain items may require verification only at Government Approved Test Centres.
Penalties & Punishments
(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 quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or
(d) 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.
Conclusion
The Legal Metrology Act, 2009 provides a regulatory framework that ensures accuracy, standardization, and transparency in transactions involving weights and measures. Adhering to these compliance provisions helps businesses avoid legal penalties while fostering consumer trust. Entities dealing with such instruments must prioritize registration, proper labeling, standardization, and periodic verification in line with the Act’s requirements.
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