AN OVERVIEW OF THE LEGAL METROLOGY ACT,

2009

1.1. INTRODUCTION

Metrology refers to the science of measurement. It refers to the units and

methods of weighment and measurement, subject to laws and regulations. To provide
a uniform standard of weights and measures, the Standards of Weight and
Measurement Act, 1976 and the Standards of Weights and Measures (Enforcement)
Act, 1985 were enacted. However, advancement in science and technology brought
about improvement in the scope of weights and measures. Therefore, to standardize
weights and measures in trade and commerce and keep up with the advances in
science and technology, the Legal Metrology Act, 2009 was enacted, repealing the
Standards of Weight and Measurement Act, 1976 and the Standards of Weights and
Measures (Enforcement) Act, 1985. Similarly, Legal Metrology (Packaged
Commodities) Rules, 2011 (“PC Rules”) was enacted underlying the rules relating to
mandatory declarations on packaged commodities, registrations of
manufactures/packers/importers, provisions relating to wholesale and retail dealers,
Power of Government to inspect the premises, penalty etc. which are being amended
from time to time to ensure that the law keeps pace with changes in technology.

The procedure for investigation of offences under Legal Metrology Act, 2009
is not prescribed by any of the Rules framed thereunder and hence there is no other
way but to adopt the procedure as provided under Criminal Procedure code (Cr.P.C).
As per the provisions of Section 15 of the Act and the Section 157 of Cr.P.C, As Legal
Metrology officer, on receipt of information about commission of an offence or
otherwise, has reason to suspect that offence has been or likely to be committed, shall
proceed to the spot to investigate the facts and circumstances of the case and if
necessary shall take all necessary steps for discovery of the offender. Provided that, if
it appears to the Inspector that there is no sufficient ground for entering into
investigation, he should not investigate the matter.

1.1.1 THE LEGAL METROLOGY ACT, 2009

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 The Legal Metrology Act, 2009 ("LM Act") establishes uniform weights and
measures and regulates trade and commerce in weights, measures and other goods
which are sold or distributed by weight, measure or number. Every manufacturer or
importer of goods sold by weight, measure or number has to obtain approval of the
model of a weight or a measure from the competent authorities before manufacturing
or importing.

1.1.2 THE LEGAL METROLOGY (PACKAGED COMMODITIES) RULES,

2011

The PC Rules governs the packaging and labelling of commodities. Chapter II

of the PC Rules contains provisions applicable to packages intended to be sold for
retail sale. Retail sale means the sale, distribution or delivery of commodities through
retail sales shops, agencies or other instrumentalities for consumption by an individual
or group of individuals or any other consumer. Recently, The LM (Packaged
Commodities) Amendment Rules, 2011 have been amended and the new The LM
(Packaged Commodities) Amendment Rules, 2017 were notified on June 23, 2017,
which shall come into force from January 01, 2018. The amended PC Rules seek to
enhance protection of consumers while balancing the requirement of ease of doing
business.

1.1.4 IMPORTANT TERMS UNDER THE ACT

A. “LABEL” means any written, marked, stamped, printed or graphic matter

affixed to, or appearing upon any pre-packaged commodity.

B. “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.

C. PRE-PACKAGED COMMODITY means a commodity which without the

purchaser being present is placed in a package of whatever nature, whether sealed or
not, so that the product contained therein has a pre-determined quantity.

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D. 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 (ii) 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; 1
Appointment of Controller and Other Officers of Legal Metrology Officers will be
appointed by the State Government under Section 14(1) but their qualification will be
prescribed by the Central Government under Section 52(2)(h).

E. COMPOUNDING OF OFFENCES Some of the offenses may be

compounded before or after the institution of a prosecution on payment of a
prescribed sum. No offence can be compounded if the same or similar offence was
committed earlier by the person within three years of date of first offence which was
compounded.

F. OFFENCES BY COMPANIES

A company may nominate a person who will be responsible for the conduct of the
company. Such nomination should be communicated to the Director of Legal
Metrology or the concerned Controller. The nominated person and the company itself
will be held responsible for violation of provisions of the Act. When no person is
nominated, the person who is in charge or responsible to the company will be held
responsible. Even if a person is nominated, any other person responsible to the
company and due to whose consent or negligence led to the violation will also be held
liable for any offence committed. When a company is convicted, the Court may direct
the company to publish its name and the offence committed by it in the newspapers at
the cost of the company.

G. APPEAL

Every decision or order of an officer of Legal Metrology will be appealable to

the next higher authority within 60 days of passing the order or decision. The Central

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or the State Government may call for records from its officer for examination and
passing appropriate orders.

2.1 THE REQUIREMENT OF MANDATORY DECLARATIONS:

The 2011 Rules provides that every Manufacturer, Packer or Importer of

commodities is required to obtain registration for the purpose of pre-packing or
importing any commodity in the event of any sale, distribution or delivery. As per the
Rules, following particulars shall mandatorily be declared on the package of pre-
packaged commodities:

1) Name and address of the manufacturer, packer or the importer of the products.

2) In the case of imported goods, the name of the country of origin, manufacture,
or assembly.

3) The common or generic names of the commodity contained in the package.

4) In case of packages with more than one product, the name and number of each
product.

5) The net quantity of the commodity in terms of the standard unit of weight or
measure.

6) The month and year in which the commodity is manufactured.

7) Maximum retail price inclusive of all taxes.

8) The dimension of the commodity contained in the package where the size of
the commodity is relevant.

9) Name, address, email and telephone of the person to be contacted in case of

consumer complaint

2.1.1 RECENT DEVELOPMENTS AND AMENDMENTS MADE UNDER

THE RULES:

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 As notified by the Ministry of Consumer Affairs vide its notification dated
March 28th 2022, The Legal Metrology (Packaged Commodities) Rules, 2011
underwent several amendments which have come into effect since October 4th 2022.

As according to the changes brought forth, when one or more packages

intended for retail sale are grouped together for being sold as a retail package on
promotional offers, every package of the group shall make declarations as per the
requirements of the rules. Further, Rule 5 which provided for specific commodities to
be packed and sold in recommended standard packages was omitted from the law.
Also, retail sale price of the package shall clearly indicate that it is the maximum
retail price inclusive of all taxes and shall be provided in Indian currency. Prior to the
amendment it was stated that the package shall indicate the MRP and the price in
Rupees and paise shall be rounded off to the nearest rupee or 50 paise. The
amendment has also allowed that the mandatory information in elaborated form can
be declared on the packages of electronic products through QR codes if not declared
in the package itself.

3.1 PROSECUTION AND COMPOUNDING OF OFFENCES

The procedure for investigation of offences under Legal Metrology Act, 2009 is not
prescribed by any of the Rules framed thereunder and hence there is no other way but
to adopt the procedure as provided under Criminal Procedure code (Cr.P.C). As per
the provisions of Section 15 of the Act and the Section 157 of Cr.P.C, As Legal
Metrology officer, on receipt of information about commission of an offence or
otherwise, has reason to suspect that offence has been or likely to be committed, shall
proceed to the spot to investigate the facts and circumstances of the case and if
necessary shall take all necessary steps for discovery of the offender. Provided that, if
it appears to the Inspector that there is no sufficient ground for entering into
investigation, he should not investigate the matter.

The Legal Metrology officer should maintain a register of complaints and

information so received which is required to be properly investigated. Sections
100,102 of Cr.P.C and Section 15 of the Legal Metrology Act, 2009 authorizes the
officers to seize weight or measure, packaged commodities and documents or articles.

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Once seizure is affected, the process of discovery of accused should be initiated which
may involve:

1) Acquiring the proof of ownership of business, the weights or measures or

other goods or documents, in respect of which offence is detected. The proof shall be
legal documents which may disclose the identity of the offender.

a) If the accused firm is a proprietary concern, and if shops and Establishments

Act is applicable, Legal Metrology officer shall obtain/procure valid copy of shops
and Establishments Act license. Where Shop Act is applicable, but license is not
available, Legal Metrology officer shall procure any such license/document issued by
competent authority, which indicates the status of the firm and name of the owner. In
case, Shops and Establishments Act is not applicable, the Legal Metrology Officer
shall take undertaking from the accused regarding the ownership of the firm.

b) If the accused firm is a partnership concern, the Legal Metrology Officer shall
procure valid copy of partnership deed. He shall ensure that all the partners are alive
and are responsible for the offence. In addition, he shall obtain any other valid license/
document which contains the names of the partners.

c) If the accused firm is private limited or public limited and the company has
nominated any director as per Rule 29 of the Legal Metrology (General) Rules 2011
made under Section 49 of the Legal Metrology Act 2009, the Legal Metrology Officer
shall procure a copy of such nomination. If no person is nominated by the accused
company, he shall procure existing list of directors of the company along with
memorandum of association and article of association. If there is any discrepancy in
the names of the directors between the two documents, he shall procure form number
32 as per Company Act. He shall ensure that all Directors are alive and responsible for
the offence.

2) If any other person other than responsible person has abetted the offence, the
identity and other details of such person necessary for prosecution should be
collected.

3) If a packaged commodities are seized at retailer’s premises, Rule 21(5) of the

Legal Metrology (Packaged Commodities) Rules, 2011 authorizes the Legal

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Metrology Officer to make such enquires so as to know the source of the packaged
commodities. The enquiries may be made –

a. By procuring purchase bills/ cash memo/delivery challan and details of

dealer /distributor/packer/ manufacturer /importer of said goods from which the
Inspector shall find out names and address of all the accused in the said case and
address correspondence to the dealer/distributor/packer/ manufacturer/ importer of
said goods.

b) During investigation he may avail facility of e-mail and various web site as
available on the record of the case and may also take help from concerned Police
Station and concerned LMO of that area. In case where accused is located outside the
State, he shall make correspondence to the Controller of the State through the
Assistant Controller of the concerned district/division.

c) Under section 15 (2) of the Legal Metrology Act 2009, every Legal Metrology
Officer is authorized to order any person (to whom he believes to be able to produce
any documents/register etc. which shall be useful during investigations) to produce
before him the documents or any other things connected with the case.
Noncompliance of such an order would attract the provisions of Section 31 of the Act
under which failure to comply with the order of the Legal Metrology Officer or any
Inspector to produce before him for inspection any weight or measure or any
document, register or other record relating thereto, is punishable with fine which may
extend to Rs. 5000/- and for the second or subsequent offence, with imprisonment for
a term which may extend to one year and also with fine.

d) If the accused is found committing same or similar offence, within three years
from the date on which the first offence committed by the accused was compounded,
then it shall be deemed as second or subsequent offence, as prescribed under section
48 (4) of the Legal Metrology, Act 2009 and such case shall be non compoundable,
due care shall be taken while compounding. Investigation of any such offence shall be
completed in all respect, in consultation with the higher officers by the concerned
Legal Metrology Officer. And case be lodged in the court of law within the stipulated
limitation period as prescribed.

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e) If, after investigations, it appeared that no offence is committed or likely to be
committed in the matter, the facts shall invariably be brought to the notice of the
superior higher authorities and their guidance may be sought by the Legal Metrology
Officer.

f) Discreet inquiries shall always be made by the Legal Metrology Officer while
interacting with general public and the intelligence so gathered shall be utilized as an
input for investigation.

4) In case where smudging of price on the Packaged Commodity is found, the

Legal Metrology Officer should investigate as to who had smudged the price. If the
retailer is found to have done that then this fact should be mentioned in the inspection
report.

5) If a case is booked in warehouse the Legal Metrology Officer shall enquire

about the owner ship of the warehouse. If the warehouse is on rent, he shall obtain
copy of agreement and fix responsibility for the offence accordingly.

4.1 FILLING OF CASES

4.1.1 INSPECTION OF ESTABLISHMENTS BY CONTROLLER/DEPUTY

CONTROLLER/ ASST. CONTROLLER:

The Controller, Deputy Controllers and Assistant Controllers are basically

supervisory authorities. They should not maintain any seizure receipt book in their
office. Whenever a situation warrants that direct inspection of establishment by these
officers is required, they should call the area Inspector along with his inspection kit
(consisting of seizure receipt book, test equipment’s etc.). If in any emergency, the
area Inspector is not available; another Inspector of neighboring district within the
district only may be called. But in that case the concerned Assistant Controller/
Deputy Controller should note down the reasons in his diary and get written consent
of Controller. If the emergency is such that written consent of Controller could not be
obtained, verbal consent followed by post facto consent will be allowed. If Inspector
other than area Inspector is called by Deputy Controller the same should be intimated
to the concerned Assistant Controller also. Whenever the process of inspection and
seizure is carried out in presence of Assistant Controller/ Deputy Controller, they

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should invariably sign the related documents. Deputy Controller, Assistant Controllers
and Inspectors working in head office are not allowed to go for field inspections
unless specifically authorized. In case of authorization, specific instructions as regards
to, which seizure receipt book and test equipment’s are to be used, will be given. The
controller can conduct inspection in whole of the State with any Deputy Controller,
Assistant Controller or Inspector and take action as noted above.

A. INSPECTION BY SQUADS:-In case of Inspections by squads, the action

taken should be intimated to the area Inspector, concerned Assistant Controller and
Deputy Controller. The area Inspector, on receipt of such intimation should report the
same to the Court having jurisdiction if required.

B. INSPECTION IN CAMPAIGNS:-In case of campaigns, participating

Inspectors may use seizure receipt books allotted to them. The cases booked vide
seizure receipts used by Inspectors other than area Inspectors, should be handed over
to the area Inspector along with copy of the seizure, inspection report and other
related records as soon as the campaign is over. These cases should be recorded in the
case register of area Inspector and other participating Inspectors should not record
these cases in their case registers but mention this special duty in their Daily Diary
Report being maintained by them.

C. PROCESSING AND INVESTIGATION OF CASES REGISTERED:

After recording case in the prosecution register, Area Inspector will send a show cause
notice to the accused in Performa as provided in ANNEXURE-XVI indicating the
details of violation and asking to show cause as to why he should not be prosecuted
for the same. Further he may be asked to furnish the names and addresses of the
responsible persons of the accused firm and proof thereof. If the defaulter firm does
not provide such information then action against the person in charge can be initiated
as envisaged in Section 31 & 41 of the Act. Section 31 provides penalty for non-
production of documents and Section 41 provides for penalty for furnishing false
information. Such details as required can also be obtained from licenses issued by
different authorities such as Shops and Establishment Licenses, Food Licenses,
Licenses issued by Local Authorities like Excise Department and Agriculture
Department etc. The accused firm should be asked to submit documentary evidence to

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support the same. If the names and addresses of responsible persons of such firms or
companies are obtained from website/memorandum or articles of association, then
further enquiry about the responsibility of conduct of business of such company can
be made by sending individual notices as aforesaid. During this enquiry, nomination
under the Act can also be checked.

If the violation is such that its primary responsibility lies with somebody else along
with the defaulter firm or company, then the Area Inspector should enquire about
source of the seized goods. If it is revealed in an enquiry that some more defaulters
(wholesaler, distributor, marketer, manufacturer) are involved in the case then the
Area Inspector should register case against such defaulters, as soon as he gets prima
facie evidence against them, and process it according to the procedure described in
foregoing paras.

In case of violation regarding mandatory declarations on packaged commodities, kept

for sale by retailers or wholesalers in addition to action against such defaulters, if the
manufacturers name and sufficient postal address is appearing on the packages itself,
then case against such manufacturer should also be registered on the same day. If
more than one product is seized from a single establishment, for violation of different
sections/rules even then, only one case against the defaulter firm should be registered.

D. COMPOUNDING OF AN OFFENCE:

If the accused/offender is prepared to admit guilt in reply to the notice in the format as
given in ANNEXURE-XVI and voluntarily purposes to compound the case in
compoundable offences, then the area Inspector would prepare a proposal as per the
format given in ANNEXURE-XVII2 for compounding the case and submit it to the
concerned Assistant Controller. While submitting such a proposal the area Inspector
shall ensure that:-

a. Names and addresses of the accused person/firm are correctly mentioned in

the proposal.

b. Documentary evidence about the responsibility of accused person/firm is

attached along with the proposal.

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 c. Sections/Rules violated are correctly mentioned in the proposal.

d. The name of the person signing the consent letter and his position in the
accused firm is mentioned in it. (supporting documents should be attached)

e. Declaration that the offence is first offence during last 3 years and due care
will be taken for not repeating the same in future is mentioned in consent letter.

i. For deciding whether a particular offence is first or the second the details of
violation should be considered for example if first offence is detected and
compounded, was for not writing date of manufacture and an offence subsequently
detected was not

ii. for writing e-mail address. If these offences are committed within a span of
three year and violated the same Section 18 of the Legal Metrology Act, 2009, then it
will be treated a first offence.

iii. Period of 3 year should be counted from the date on which compounding
amount for the first office was deposited.

f. Linking documents such as purchase bills produced by retailers, wholesalers

etc., in linked cases are attached along with the proposal.

g. Present status of other accused persons such as retailers, wholesalers and

manufacturers in linked cases along with necessary documents is written in proposal.

E. The Assistant Controller, on receipt of such a proposal for compounding the

case, shall pass an order within 15 days after examining the matter in detailed as per
the format given in ANNEXURE-XVIII. The compounding authority while
determining the amount of compounding fee shall have regard to the seriousness and
nature of the offence and evidence on the record.3

4.1.2 CLOSING OF CASE

If upon investigation it is found, that the product seized is duplicate/ spurious, or due
to any other reason, that no case is made out, then the Inspector shall submit the
proposal for closing the case, with proper justification, to the Assistant Controller. The
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proposal shall be critically be analyzed by Assistant Controller, who shall forward the
complete case file to the Controller for further necessary action, with clear
remarks/comments and recommendation, on the proposal of the Inspector for closing
the case. The Controller, on receipt of such a proposal for closing the case, shall pass
an order within 15 days after examining the matter in detailed the reasons for closing
the case must be mentioned in order with proper justification. The decision taken by
the Controller should be communicated to the concerned Inspector and the person
involved.

4.1.3 HOW TO CLUB OFFENCES

It is often observed that a particular package manufactured by some manufacturer is

seized at more than one place. If the manufacturer compounds a case booked at a
particular place and requests to club other cases with it, then following procedure
should be adopted:-

1) All the products manufactured/distributed till the date on which the

manufacturer gets the information about violation of Act/Rules by him,

2) will be considered for clubbing. While passing order to club such offences, a
note of documents/facts verified should take in the order.

3) If the cases requested for clubbing are booked by Inspectors from different
places within the Division, then concerned Asst. Controller or Deputy Controller will
pass the Clubbing order.

4) If the cases requested for clubbing are booked by Inspectors from different
places from different Divisions, then the Controller or the Deputy Controller H.Q. if
authorized by the Controller, will pass the Clubbing order.

5) In order to issue a clubbing order, following documents should be verified:

 A request letter from the concerned offender for clubbing

 A copy of seizure receipt of the case which is already compounded.

 A copy of compounding order, and

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  A copy of challan as a proof for payment of compounding amount. If the
Inspector receives a clubbing request, he should verify the papers and
make sure that the commodity in packaged form, section/rule violated in
the case booked by him is the same as that in the case which is already
compounded, then the Inspector shall forward the case to the Assistant
Controller with his recommendations. The Assistant Controller shall send
the proposal to Deputy Controller with his remarks.

6) Controller on receipt of such proposal from different Inspectors shall take into
consideration all documentary proofs and take decision regarding clubbing of the
cases and pass an order to that effect, within 15 days. The copies of the order shall be
sent to all concerned. On receiving the order, concerned Inspector shall close the case
after taking necessary entries in the Prosecution Case Register and shall return seized
goods to the concerned. Provided that the cases of retail/wholesale dealers involved in
these cases shall be treated as separate cases and compounded in usual manner.

4.1.4 DISPOSAL OF CASES

If compounding notice sent on the addresses of the accused is returned with the postal
remarks such as incomplete address, deceased, not available at address, left address,
in such cases the following procedure shall be adopted:

a) If the accused is in local jurisdiction of the Inspector and he is not traceable,

the Inspector should visit the place of the accused and make an enquiry for tracing
him. If he is not traceable, inspection report about the facts should be drawn. The
proposal for closing the case should be submitted to the appropriate compounding
authority along with such inspection report.

b) If the accused is not in his local jurisdiction but within the State, the Inspector
should report this fact to the concerned Assistant Controller. Assistant Controller
should write to the concerned Assistant Controller, with the request to find out and
make available the details of the accused, through local Inspector.

c) If the accused is from outside the State, the Inspector should report this fact to
the concerned Assistant Controller and the Assistant Controller should write to the

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Controller of the concerned State through with the request to find out and make
available the details of the accused.

d) The Inspector should make efforts to find out the addresses and details of the
accused person from other sources such as police, Shops and Establishments
organization, Registrar of companies, etc.

e) The Inspector may also try to find out the details of the accused by availing
the facility of electronic media such as internet, mobile, telephone, etc.

f) Despite all the aforesaid efforts, if the details of accused could not be made
available within six months from the date of prosecution, the matter shall be reported
to the compounding authority for close of case.

g) If the compounding authority Assistant Controller on examining the report of

the Inspector, other material facts and circumstances of each case, may forward the
case to the Controller for closing the case.

h) Controller will pass the order for closing the case and forward a copy to
Assistant Controller and concerned area Inspector.

i) On the basis of such order, the Inspector can take entry in the register along
with details of such order and mark the case in the register as “closed.”

4.1.5 FILING A CASE IN THE COURT OF LAW

1) If the offence is non-compoundable, the complaint shall be filed in the court of

law within the period of limitation.

2) If the offence is compoundable, however, the accused even after notice is not
willing to compound the offence or failed to reply within specified period or he did
not deposit the compounding amount as ordered by compounding authority within the
specified period, concerned Inspector shall proceed for filing the case in the court of
law, immediately by following the procedure as given below:

a. before filing a case in the Court of law, the Inspector shall intimate the
accused in writing in the format given in ANNEXURE XI

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b. if the accused expresses in writing that he is willing to compound the offence
at this stage, the Inspector should follow the procedure for compounding the offence

c. if there is no possibility of compounding the offence, the Inspector should file

the complaint in the format as given in ANNEXURE XII, in the Court of law, along
with copies of necessary documents.

d. the Inspector should note down the court case number (C C No.) and other
details in the case register maintained in the office. If the accused desires to
compound the offence after filing the complaint in the court, the accused may be
asked to make an application to the court to permit him for compounding the offence
at Departmental level and the Inspector should thereafter act as per the directions of
the court.

e. if a case pending in court is subsequently compounded, the Inspector should

make a request in writing to the court to stop further proceedings in the format as
given in ANNEXURE XIII4

f. the Inspector should carry out his role as a complainant and Assistant Public
Prosecutor in the case. The assistance of Public Prosecutor shall be taken as per the
necessity in the matter.

g. in the event of transfer of the concerned Inspector who has lodged the case in
the court, he shall hand over all the case papers to the succeeding Inspector. The
succeeding Inspector shall intimate in writing to the court about the transfer and
thereafter he shall attend the court accordingly.

h. after the decision of the court, a proper note should be taken in the Prosecution
Register.

i. if the accused is acquitted or the punishment awarded by court is not

satisfactory, then the Inspector in consultation with Public Prosecutor should make
proposal to the higher authority for consideration whether appeal or revision
application is to be filed against the order of trial court, and proceed further
accordingly within the stipulated time for the same.

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4.1.6 APPEAL

Appeals shall be dealt with as per provisions of Section 50 of the Act. Every
decision or order of Legal Metrology officer or Controller will be appealable to the
next higher authority within 60 days of passing the order or decision. The
order/decision of Legal Metrology officer is appealable to the Controller Legal
Metrology and that of the Controller to the Secretary Food Civil Supplies &
Consumer Affairs. The Appellate Authority shall call for the records from its officer
for examination of appeal and shall pass appropriate orders.

5.1 LEGAL METROLOGY ACT, 2009 AND MAHARASHTRA LEGAL

METROLOGY (ENFORCEMENT) RULES, 2011

Any weight or measure which conforms to the standard unit of such weight or
measure (based on metric system or prescribed derived units) and also conforms to
the provisions of section 7 (i.e. the physical characteristics, configuration,
construction details, materials, equipment, performance, tolerances, period of re-
verification, methods or procedures of tests shall be such as may be prescribed) as are
applicable to it will be the standard weight or measure. Every non-standard or un-
verified weight or measures are liable to seizure and forfeiture.

5.1.2 PHYSICAL CHARACTERISTICS, CONFIGURATION,

CONSTRUCTIONAL DETAILS OF WEIGHT OR MEASURE.

Every Weight or measure used or intended to be used in any transaction or for

protection shall conform as regards physical characteristics, configuration,
constructional details, materials, performance, tolerances and such other details, to the
specifications as specified in by Legal Metrology (General) Rules, 2011

5.1.3 LICENCE REQUIREMENTS UNDER MAHARASHTRA LEGAL

METROLOGY (ENFORCEMENT) RULES, 2011

No person should manufacture, sell or repair any weight or measure without

obtaining a license from the Controller of Legal Metrology. A licensee is required to
maintain records and registers as prescribed. He is also required to produce the
records and registers at the time of inspection.

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 Application for renewal of license by manufacturer- Every manufacturer shall
make an application for the renewal of a license at least 30 days before the expiry of
validity of the license to the Controller in the FORM LM-2. Every license issued to a
manufacturer shall be valid for a period of 1 calendar year and may be renewed
further for a period not exceeding 5 calendar years, by the Controller or such other
Legal Metrology Officer.

 Application for renewal of license by repairer- Every manufacturer shall make

an application for the renewal of a license at least 30 days before the expiry of validity
of the license to the Controller in the FORM LM-2. Every license issued to a
manufacturer shall be valid for a period of 1 calendar year and may be renewed
further for a period not exceeding 5 calendar years, by the Controller or such other
Legal Metrology Officer.

 Application for renewal of license by dealer- Every manufacturer shall make

an application for the renewal of a license at least 30 days before the expiry of validity
of the license to the Controller in the FORM LM-2. Every license issued to a
manufacturer shall be valid for a period of 1 calendar year and may be renewed
further for a period not exceeding 5 calendar years, by the Controller or such other
Legal Metrology Officer.5

 Manufacturer, Repairer, Dealer shall display the license at the conspicuous

place in the premises to which it relates.

5.1.4 LICENSING CONDITIONS FOR MANUFACTURER, REPAIRER AND

DEALER OF WEIGHT OR MEASURE UNDER MAHARASHTRA LEGAL
METROLOGY (ENFORCEMENT) RULES, 2011

A. CONDITION OF LICENSE FOR MANUFACTURER

The person in whose favour license for manufacture is issued, shall,—

1) comply with all the relevant provisions of the Act and Rules made thereunder
for the time being in force;

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2) not encourage or countenance any infringement of the provisions of the Act
and the Rules made thereunder for the time being in force;

3) Display in a conspicuous places license issued or renewed under the Act in the
premises to which it relates;

4) comply with any general or special directions that may be given by the
Controller;

5) surrender the license in the event of closure of business or cancellation of

license.

6) A licence issued or renewed shall neither be saleable, assignable nor

transferable. The licensee shall not be deemed to have been assigned or transmitted
within the meaning of this rule in the following cases, namely:-

7) where the licensee being an individual, enters into a partnership with any other
person for carrying on the business concerned; but in any such case the firm may use
the licence, if otherwise in force, only for so long as the licensee is a member of the
firm;

8) where the licensee being a firm subsequently undergoes a change in its

constitution; but in any such case the reconstituted firm may use the licence, if
otherwise in force, only for so long as any partner of the original firm at the time of
issuance of the licence, continues to be partner of the reconstituted firm.

B. CONDITIONS OF LICENCE FOR REPAIRER

The person in whose favour licence for repairs is issued, shall-

1) comply with all the relevant provisions of the Act and Rules made thereunder
for the time being in force;

2) not encourage or countenance any infringement of the provisions of the Act or

the Rules made thereunder for the time being in force;

3) Display in a conspicuous places licence issued or renewed under the Act in the
premises to which it relates;

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(i) present the weight or measure duly repaired to the Legal Metrology Officer for
undertaking verification, stamping and sealing, as specified in rule 13, before delivery
to the user;

(ii) Present to the Legal Metrology Officer weight or measure which are repaired
before the date on which the verification falls due, for verification, stamping and
sealing before delivery to the user.

4) comply with any general or special directions that may be given by the
Controller;

5) surrender the licence in the event of closure of business and/or cancellation of

licence

6) The repairing work shall be done by the qualified person

7) Any change in the constitution of the firm or qualified person, should be

reported within one month to the licence issuing authority.

8) A licence issued or renewed under this Act shall neither be saleable, assignable
nor transferable.

C. CONDITIONS OF LICENCE FOR DEALER-

1) The person in whose favour license for Dealer is issued shall,—

2) comply with all the relevant provisions of the Act and Rules made thereunder
for the time being in force;

3) not encourage or countenance any infringement of the provisions of the Act

and the Rules made thereunder for the time being in force;

4) Display in a conspicuous places licence issued or renewed under the Act in the
premises to which it relates,

5) comply with any general or special directions that may be given by the
Controller;

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6) surrender the licence in the event of closure of business and / or cancellation
of Licence; not sale, offer for sale, expose or possess any non-Standard weight or
measure.

7) Every condition prescribed after the issue of this licence shall, if notified, be
binding on the persons to whom the licence has been granted.

8) Any change in the constitution of the firm should be reported to the licence
issuing authority within one month.

9) A licence issued or renewed under this Act shall neither be saleable, assignable
nor transferable.

D. STAMPING AND SEALING OF WEIGHT OR MEASURE

The Legal Metrology Officer shall stamp and seal every weight or measure, if after
testing and verification, he is satisfied that such weight or measure conforms to the
standards established by or under the Act, with a stamp of uniform design, issued by
the Controller.

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.

On completion of verification, stamping and sealing, the Legal Metrology Officer

shall issue a certificate of verification in the form set out in Schedule IX and in case
of rejected weight or measure, a separate Certificate shall be issued in the same form
and the reasons of rejections against each weight or measure shall be mentioned in the
form set out in Schedule-X and issued to the person who has presented such weight or
measure for verification.

Where a certificate of verification is lost or destroyed, the holder of the certificate

shall forthwith apply to the Legal Metrology Officer who had issued the certificate,
for the issue of a duplicate certificate of verification. Every such application for the
issue of a duplicate certificate shall be accompanied by a fee of rupees twenty.

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On receipt of an application under sub-rule (4), the Legal Metrology Officer shall
issue to the applicant a duplicate copy of the certificate of verification marked

E. ‘DUPLICATE’ DISPLAY OF CERTIFICATE OF VERIFICATION

The person shall display the certificate of verification issued to him at a conspicuous
place in the premises where the weights, measures or weighting or measuring
instruments are used.

F. PENALTY

Section 45 of Legal Metrology Act, 2009 states that- Whoever contravenes any
provision of this act and rules shall be punished with fine which may extend to Rs.
20,000 and for the second or subsequent offence, with imprisonment for a term which
may extend to 1 year, or with fine, or with both.

6.1 CASE LAWS

The Supreme Court in its judgment dated September 4, 2020, in the matter of
State of UP v. Aman Mitta, 6ruled that Section 3 of the Legal Metrology Act, 2009
overrides Chapter XII of the IPC, 1860 wherein the provisions relating to weights &
measures has been laid down. Section 3 of the said Act provides that the provisions
laid down under the Act shall override the provisions laid down under any other
existing law. The said Act deals with the trade & commerce of goods, weights &
measures distributed/sold by number, weight & measures.

In the case of Lawrence & Mayo (Opt.) LMI Trust & Anr. v. SA Chaudhari
& Anr,7 the applicant was dealing in retail business of spectacles, spectacles frames,
goggles, etc. and asked the Bombay High Court to keep the spectral frames, Goggles,
spectacles & sun- glasses outside the purview of Standards of Weights & Measures
Act, 1976 as well as Packaged commodities Rules, 1977. The Court was of the
opinion that frames & sunglasses, be it with lens or just a frame is outside the purview
of pre-packaged commodity as laid down under the Rule 201) of the Rules, 1977.

6
Cri. Appeal No. 1328-1329 of 2019
7
Cri. Application No. 2198 of 2010

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 In a similar judgment, Subhash Arjan das Kataria v. State of Maharashtra
8
before the division bench of Bombay High Court wherein the bench relied on the
judgment of Lawrence & Mayo (Opt) case. The bench ruled that sun-glasses are
outside the purview of Rule 211) of the Packaged Commodity Rules, 1977 and hence
are not pre-packaged commodity.

Further, in the case of M/s Philips Electronics India Ltd. Rep. by Ms. Roop
Loomba & Others v. The Govt of AP. Rep.9 by its Principal Secretary, Legal
Metrology Dept. & Others the primary issue raised before the Madras High Court was
that whether the audio-visual equipment, television sets & electronic items come
under the purview of Standards Weights & Measures Act, 1976 and the Rules, 1977?
The Court answered the principal issue in affirmation stating that the audio-visual
equipment, television sets & electronic items are outside the purview of the said Act
as well as the Rules, 1977. The Court while dealing with the scientific terms related to
the field of electronics as well as the arguments of the petitioner, finally ruled in favor
of the petitioner and opined that the said Act & the Rules shall not be applicable to the
packages placed for the customer's convenience. This means that the audio-visual
equipment, television sets & electronic items are outside the purview of the Packaged
Commodities Rules either of 1977 or 2011.

Furthermore, in the case of Bata India Ltd. & Ors. v. State through the
Inspector, Legal Metrology 10the main contention put forth by the petitioner in this
petition was that footwear does not come under the purview of packaged commodity.
The respondent has alleged that article of footwear manufactured & sold by the
petitioner does not contain a declaration regarding maximum retail price as laid down
under Rule 6 (1)(b) of Standard of Weights & Measures Act and Package
Commodities Rule, 1977.The Court ruled in favor of the petitioner and dismissed the
petition.

The Kerala High Court in Mahindra & Mahindra Ltd. Director of Standards
of Weights and Measures11, addressed an issue which was "whether describing engine
of the Mahindra vehicle as having 109 BHP (brake horsepower) in a commercial in

8
2006(5) vide Mh.LJ.361
9
Writ Petition No.33904 of 2012
10
Cri. Misc. No. 2031 of 2007
11
W.P. (C) No. 2997 of 2004

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India Today Magazine, would constitute an offence under 5.11 of the Standards of
Weights and Measures (Enforcement) Act, 1985?"

The Court while quashing the notice issued by the Legal Metrology inspector,
opined that when 109 BHP is converted into metric system, it would come to
2016936375 watts & neither any prospective buyer nor any customer would be able to
understand an engine's real power.

In one of the interesting cases, Cadbury India Ltd v. Controller of Legal Metrology 12,
conduct of the Legal Metrology Department was taken up by the Karnataka High
Court. The Legal Metrology Department, in this case, issued a notice to Cadbury
India as it was using "angula" word in their television commercial of "5 star"
chocolate. The word angula refers to an inch, which is a non-metric system of length
& utilizing such word is in the violation of Section 11(1)(c) of the Legal Metrology
Act. The Court decided in favour of Cadbury India stating that the commercial had a
humorous tone hence there was no violation by Cadbury India.

7.1 CONCLUSION

The Legal Metrology Act of 2009 is the primary piece of legislation dealing
with Legal Metrology law. Legal Metrology legislation establishes standards for
weighing, measuring, and measuring devices. It safeguards consumers, the
environment, and traders, and is particularly concerned with fair trade in India. It is
based on the capacity to track measurements and measuring tools. It tries to trust in
customers, the government, business people, and merchants. It regulates unfair trade
practices.

8.1 REFERENCE

 https://legalmetrology.maharashtra.gov.in/1120/Maharashtra-Legal-
Metrology-(enf)-Rules-2011?format=print

 https://www.bizadvisors.io/legal-metrology-act-registration

 https://blog.ipleaders.in/legal-metrology-act-2009-2/

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 https://www.lawyersclubindia.com/articles/brief-overview-of-legal-metrology-
laws-6056.asp

 https://www.teamleaseregtech.com/resources/acts/article/21/legal-metrology-
act-2009-and-maharashtra-legal-metrology-enforcement-r/

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