March 19,2019:

The Author, Anwesha Das, is a 4th Year, BA.LLB (H) of Damodaram Sanjivayya National Law University, Visakhapatnam. She is currently interning with LatestLaws.com.

Legal Metrology deals with measurement units, its techniques and the instruments used for measurement. The object is to assure public security and provide accurate measurements which also act as a strong weapon for consumer protection. Legal Metrology is a name by which the law regarding weights and measures is known in universal speech.

Legal Metrology plays quite an important role in scientific, technological and industrial advancement of any nation.

The object of forming national standards for weight and measures, along with ensuring their proper implementation carries with it the objective of ensuring accuracy of measurements and measuring instruments, which will be helpful in strengthening national economy.

Internationally scope of Legal Metrology has been divided into three broad heads of commercial transaction, industrial measurement and public health and safety measurements.

  1. Whether there is any international organization for Legal Metrology?

In the year 1995 an intergovernmental called International Organization of Legal Metrology organization (OIML), was established in Paris. Its aim was to harmonize Legal Metrology procedures on a global platform and it believed that Legal Metrology is entirely a Legal, legislative or technical procedure aimed at public authorities as a regulatory measure. OIML has been in continuous assistance mostly to its members who belong to a developing nation in assisting them to formulate a competent legislation concerning Metrology across all facets of society.

  1. Whether there is a need for enactment of laws relating Weights and Measures? Whether Legal Metrology Act, 2009 is the only law in this area or there are rules in addition to it?

The branch concerning weights and measures is known as Legal Metrology. There is a need for establishment and enforcement of standard weights and measures so that trade and commerce with industrialization can be regulated. Distributors should follow a standard method of weight and measure which will benefit public interest.

Central Govt. under this Act is empowered to enact rules for standard quantities hence there are various rules to the Act to ensure uniform application of laws in connection with Legal measurement throughout the Nation they are; the Legal Metrology (Packaged Commodities) Rules, 2011, applicable on retail sale shops, agencies, and business which ensures details of goods should be there on its cover before the purchaser can purchase it. There are Legal Metrology (General) Rules, 2011 and Meghalaya Legal Metrology (Enforcement) Rules, 2011.

  1. Whether there are any metrological officers? If any, then what are their powers?

Director of Legal Metrology and Additional Director and other officers are appointed who work under the control and supervision of the Director and Additional director. Officers are conferred with powers of search and seizure. Upon receiving a complaint which is against the provisions of this act the officers have the power to enter into the premises seize the goods and dispose of the goods according to the nature of the goods. Any unverified weight or measure is subject to forfeiture also.

  1. How can a person get a license under this act? Is it a mandatory requirement? Is it transferable?

Application for obtaining of license is to be submitted to the inspector of Legal Metrology, who will then inspect the firm and forward the report to recommendation to the controller of Legal Metrology who then has the final call on the grant of license. Obtaining the license is mandatory and the license is non-transferable.

  1. Whether there is any means of ensuring that weight and measure is standard?

Before sale of any product the weight and measure used by the manufacturer is ought to be as per the Govt. model. The manufacturer using any weight and measure needs to get it verified and properly stamped from the Inspector of the Legal Metrology Department. The department after due verification puts a seal along with a stamp of inspector thereby declaring verified. No person is allowed to sell any product with weights or measures unless it has been verified and properly stamped by a licensed manufacturer or dealer.

  1. Whether stamping and verification is necessary in all circumstances? If not, what are the instances where it is not necessary?

Stamping and verification is normally necessary in all the circumstances but exception to this rule are, manufacturing for export purpose , goods to be used for scientific and research  purpose,  to be used in factories who are engaged in manufacturing of arms and ammunitions for armed forces of the Union.

  1. Whether Imported products require any mandatory declaration or should they be treated the same way as that of the domestic products?

Imported products which are available for sale have to go through a set of mandatory declaration unlike domestic products like Name and address of the importer or manufacturer, the common and generic names of the commodities, the quantity of product available with the unit of measurement for the product, Maximum Retail price with date of packaging and import, declarations to be at least printed in English or Hindi along with the imported country’s domestic language.

  1. What are the various offences punishable under the ACT?

Use or alteration of non-standard weight or measure is an offence under this act which is subject to penalties. The Act also provides for penalties in case a person manufactures or sales any product of non-standard weight or measure. The act also imposes penalty on companies, the person in charge of the company is deemed to be guilty under the act. Overcharging the price than the MRP is an offence under this Act for which the fine mat extend to Rs. Ten thousand.

  1. What is the redressal forum in case of violation of provisions of this Act

A consumer can file a complaint to the controller of Legal Metrology or assistant controller or in the office of inspector of Legal Metrology or in their concerned district/sub-division office.  Aggrieved person can also file a complaint in consumer courts of national, state or district forum.  Complaint can also be lodged against officials of the department before controller of Legal Metrology.

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