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Noticias

section 19 of legal metrology act, 2009

(3) It shall come into force on such as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. (6) No offence under this Act shall be compounded except as provided by this section. — 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. (ii) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited. Base unit of weights and measures. The above-mentioned licenses and registration are technical in nature, therefore you need Professional assistance to obtain them. Penalty for giving false information or false return. — (1) The base unit of —. Petroleum Traders ... vs Union Of India & Ors. —, SECTION 26. Under Rule 19 read with Section 15 of the Act, the Director, Comptroller or Legal Metrology Officer, may examine the packages and carry out tests and draw samples of the same to ensure that there are not too many errors in relation to the declarations that were to be made on the packages. — 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. —, SECTION 4. — (1) No person shall manufacture, 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) : Provided that no licence to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the State of manufacture of the same. Penalty for manufacture or sale of non-standard weight or measure. Delegation of Powers. 4 followed by most reputed manufacturers of bottled water. 5000 is the fine payable for retailers or wholesale dealer in this case. The applicant has to file the application for registration in schedule X under Rule 15 and obtained under section 19 of Legal Metrology Act 2009. SECTION 3. Reference, secondary and working standard. (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). Power of the Central Government to make rules. Rules and Provisions for Infrared thermometers in India. EasyLegalTax (ELT) is an online and offline service platform aimed at helping businesses to understand... All rights Reserved © 2020 LegalMetrologyIndia, In India, rules, and regulations related to weight and measure comes under the supervision of the, Every device meant for weighing, measuring, or scaling any object in a specific or metric or imperial scale comes under the purview of the Legal Metrology. The appellant by his application dated 24.09.2009 had sought clarification SECTION 36. SECTION 22. SECTION 1. —, SECTION 19. Explanation. (2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine 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. SECTION 41. —, SECTION 11. While applying, one should note that the application must be filed one month before the commencement of import. Penalty for quoting or publishing, etc., of non-standard units. SECTION 39. - In exercise of the powers conferred by sub-section (1) read with clause (j) and (q) of sub-section (2) of section 52 of the Legal Metrology Act 2009, (1 of 2010), the Central Government hereby makes the following rules, namely :-Short title, and Commencement.- (1) These rules may be called The Legal Metrology (Packaged Commodities) Rules, 2011. Short title, extent and commencement. (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, lubricates 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 and includes a transfer of any weight, measure or other goods on the hire-purchase 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) “seal” means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity 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. In case a dealer wants to trade or market his/her product in more than one state, it is the duty of the dealer to obtain a separate dealer license from each state. —, SECTION 56. Section - 2. Certificates of Importers Applications for Importers of weights & measures and Weighing & Measuring instrument under section 19 of the Legal Metrology Act, 2009 SECTION 29. Understanding Legal Metrology Act, 2009 & Packaging & Labelling Laws in India. [21] Section 36 (2) of the Legal Metrology Act, 2009. —, SECTION 52. — Every unit of weight or measure shall be in accordance with the metric system based on the international system of units. Provisions of Indian Penal Code and Code of Criminal Procedure not to apply. Title. — (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. SECTION 31. 19. 5. A brief list of Registrations, Licences, Certificates, Testing, Verification and Nomination required for compliance of Legal Metrology is given below: i. SECTION 40. A:-Section 19 B:-Section 20 Objectives of the Act. Be it enacted by Parliament in the Sixtieth Year of the Republic of India as follows :-. Compounding of offences. Registration is mandatory for the people who falls under the preview of this law. in units for the purpose sale, is known as a Packer. (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. —, SECTION 53. (2) For the purpose of sub-section (1), the Controller shall issue a licence in such form and manner, on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be prescribed. —, SECTION 51. — 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. 5000 is the fine payable for retailers or wholesale dealer in this case. Penalty for sale or delivery of commodities, etc., by non-standard weight or measure. In case, importer/manufacturer is willing to act as a dealer of the commodity, then it is mandatory to obtain both licenses i.e. This is first stage, if you wish to comply this law. (1) This Act may be called the Legal Metrology Act, 2009. —, SECTION 41. Power of inspection, seizure, etc. (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 (2 of 1974), relating to searches and seizures. Registration under Legal Metrology Act 2009. Training in Legal Metrology. Rule 15 of the Legal Metrology (General) Rules, 2011 defines the registration as an importer of weighing and measuring devices. Applications for Importers of weights & measures and Weighing & Measuring instrument under section 19 of the Legal Metrology Act, 2009. — 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. Penalty for use of non-standard weight or measure. Definitions. Since, infrared thermometers are also involved in the weighing & measuring process, so it will fall under the purview of legal metrology certification. (vii) amount of substance shall be the mole. Legal Metrology Act, 2009 Chapter V - Bare Act. Cadbury India Ltd vs Controller Of Legal Metrology on 16 January, 2013. Penalty for repair, sale, etc., of weight and measure without licence. Section No. No. We assist importers in new registrations as well as renewals of the existing license. Licence fees as per Schedule – IV of the Meghalaya Legal Metrology (Enforcement) Rules, 2011. The provisions of section 19, 22 & 23 of the Legal Metrology Act, 2009 and the provisions of Rule-27 of the Legal Metrology (Packaged Commodities) Rules, 2011 are applicable to Infrared (Electrical) thermometers. (4) Whoever sells or offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has 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. Standard units of weights and measures. Every registration can be at least 1 year or a maximum of 5 years. (4) The Government approved Test Centre shall appoint or engage persons having such qualifications and experience and collect such fee on such terms and conditions for the verification of weights and measures specified under sub-section (2) as may be prescribed. Non-standard weights and measures not to be imported. (a) “Controller” 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 buying, selling, supplying or distributing 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 of India to a place outside India; (e) “import” with its grammatical variations and cognate expressions, means bringing into India from a place outside India; (f) “label” means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity; (g) “Legal Metrology” means that 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 ensuring 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; (i) “manufacturer” in relation to any weight or measure, means a person who —. —, SECTION 38. (4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. Penalty for failure to get model approved. 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 twenty-five thousand rupees and for the second or subsequent offence, with … (2) Any advertisement 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 such form and manner as may be prescribed. (3) The Director and every legal metrology officer, appointed under sub-section (1), shall exercise such powers and discharge such functions in respect of such local limits as the Central Government may, by notification, specify. — Whoever makes any transaction, deal or contract in contravention of the standards of weights and measures specified under section 10 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. — (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. — Every person who manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or measure which, —, (a) does not conform to the standards of weight or measure specified by or under this Act; or. We assist importers with new registrations as well as renewals of the existing license. SECTION 21. The application is filed in schedule X under Rule 15 along with some documents and is obtained under Section 19 of the. REGISTRATION OF MANUFACTURER, IMPORTER AND PACKER (PACKAGING UNITS AND … (2) Every numeration shall be made in accordance with the decimal system. Every manufacturer, dealer and repairer of weights and measures will require license from the Controller of the State [Section 23]. Power of the Central Government to make rules. (6) No publication under sub-section (5) shall be made until the period for preferring an appeal against the orders of the court has expired without any appeal having been preferred, or such an appeal, having been preferred, has been disposed of. SECTION 52. They had imported the same for their self-use and, therefore, cannot be compelled to seek registration as an importer under Section 19 of the Act. (2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral. SECTION 27. This shall be done in terms of the maximum permissible error as provided under Rule 22 and the 1stSchedule. Short title, extent and commencement. Section 2(d) of the Consumer Protection Act, defines the term ‘consumer’. Every registration can be at least 1 year or a maximum of 5 years. SECTION 6. 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. Registration under Section 19 of the Legal Metrology Act, 2009. ii. Legal Metrology is the application of legal requirements to measurements and measuring instruments. Every person who pre-packs a product/commodity in a bottle, tin, wrapper, etc. Penalty for rendering services by non-standard weight, measure or number. (3) 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. — 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 article, thing or service in excess of or less than, the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing or service, shall be void. (2) The management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible for admission thereto shall be such as may be prescribed. Section 5 in The Legal Metrology Act, 2009. SECTION 7. [21] Section 36 (2) of the Legal Metrology Act, 2009. —, SECTION 21. Read with Rule 32. — (1) Every Director, Controller and legal metrology officer appointed immediately before the commencement of the rules made under this Act, shall be deemed to have been appointed under sub-section (1) of sections 13 and 14, notwithstanding any rule prescribing different qualifications.

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