Legal metrology :-

BY NISHTHA KAREER

Introduction:-
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 objects of ensuring
public guarantee from the point of view of security and accuracy of the
weighments and measurements.
Measurements are so much a part of our daily lives that we often take
them for granted and possibly don’t even notice them. For example

• we monitor the speed at which we drive to ensure we travel

safely and thus reduce road casualties,
• we undergo medical checks to make sure we remain healthy,

• we use time to be punctual for appointments, and satellite

positioning systems to pinpoint our location,
• we consume electricity, gas and water which are billed based
on measurements,
• we buy meat, fish, fruit and vegetables by weight,

• we fill our cars with fuel by volume,

• we have our vehicles checked to monitor the exhaust emission

levels,
• and so on.

Very often, small errors in either direction average out over a large number
of measurements. But biased errors can create considerable financial
prejudice - for example, inaccurate measurements of oil at each of the
many transaction points from the oil well to the end consumer can have
serious economic consequences.
As another example of the importance of measurement, incorrect
radiation doses in cancer treatment can have a critical effect on our health.
Legislation on measurements and measuring instruments is required in all
these cases, as well as when there is a need to protect both the buyer and
the seller in a commercial transaction, or where measurements are used
to apply a sanction. Virtually all countries provide such protection by
including metrology in their legislation – hence the term “legal metrology”.

The main objectives of the Legal Metrology Organization is to safe guard

the interest of the consumers by ensuring that goods sold and bought are
correct in quantity and volume as claimed. The Weights and Measures
department is on the concurrent list of the Constitution of India. The
Department of Legal Metrology at all India Level is headed by the
Director, Legal Metrology, whose office is located at the Krishi Bhawan,
New Delhi. The Organization enforces the Legal Metrology Act, 2009,
standards of Weight and Measures (Enforcement) Act, 1985, to maintain
accuracy in weighing and measuring instruments in the country and to
regulate intra/interstate and international trade.
Functions :-
Main functions of the organization of Legal Metrology are:

• Grant & Renewal of licences of Manufacturers, Repairers and

Dealers of Weights & Measures
• To standardize all types of weights & measures and weighing and
measuring instruments through annual verification after receiving
prescribed fee.
• It also enforces the Legal Metrology (Packaged Commodities) Rules,
2011, there by ensuring that all packaged Commodities and
containers carry a declarations indicating the commodities
packaged therein regarding net weight, volume, length, maximum
retail price and the date of manufacturing/packaging etc.
• All user of any kind of weight, measures and measuring instruments
are required to get them verified annually. All manufacturers,
repairers and dealers of weight and measures are issued licenses by
the Organization, which are required to be renewed annually.
• To conduct regular inspections to ensure that no contravention of
the law takes place. For this it has to carryout regular surprise raids
at the manufacturer and retail outlets.
For acheiving these objectives, the Branch works under the tenets of :-

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 • The Legal Metrology Act, 2009
• The Legal Metrology Rules, 2013
• The Legal Metrology (Packaged Commodities) Rules, 2011

What does the regulatory control of

measurements include?
Regulatory control includes:
• retail, wholesale, domestic, cross-border and international trade
• production of goods: agricultural and industrial
• revenue collection for tax and duties
• fees for services, such as rubbish collection or disposal and taxi
metering
• utility metering: water, gas, and electricity
• contracts: tonnes of iron ore, area of land and quantity statements
• health services: temperature,
radiotherapy, blood pressure, cholesterol testing, chemical and
biological testing of samples
• human safety: speed surveillance and enforcement, breath
analyser, toxic measurement, workplace safety
• environmental and pollution control: vehicle exhaust, carbon
trading and noise
• resource control and protection: fish, minerals, oil,

How does legal metrology help the economy?

Measurement is an important part of all societies and effective trade
needs transparency and a balance of information and trust between
traders and consumers.

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 ❖ Reducing disputes and transaction costs
Correcting bad measurement practice can be costly and time
consuming to both businesses and consumers. Taking legal action
against traders who break measurement laws can be equally costly.
But when measurement evidence is fully supported by traceable
measurements (when the measurement can be traced back to an
official source) this reduces the cost and time in court. When all
parties are confident that the measurement is correct, it is accepted
as true. Measurements made outside the legal metrology framework
are often subject to challenge and may incur costs to both industry
and consumers.
❖ Supporting trade
Having metrological control lessens any unfair commercial advantage
or trade practices. This ensures that trade measuring instruments are
fit for their intended purpose and meet international standards. For
example, fuel dispensers at petrol stations are of an approved type
and verified to make sure they deliver the correct amount of fuel to
consumer.
Legal metrology improved society:-
❖ Improving health
Legal metrology provides significant economic and social benefits in
medicine and health. Accurate calibration of medical instruments
supports precise and correct diagnosis of disease. Chemical and
biological testing is used to make decision about food quality and
medical diagnosis. Through certified reference materials legal
metrology provides confidence in these results.
Training
Measurement competence is increased by delivering training
programs in:
• calibration
• measurement uncertainty

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• analytical method of validation; and
• verification test procedures.
Training programs in new and developing areas of metrology provide
opportunities to model best practice in areas such as coordinate
measurement machines and nano technologies.
The measurement of a patient’s blood pressure using a
sphygmomanometer is a routine procedure carried out in most
doctors’ surgeries and hospitals.
Blood pressure measurement is used as a diagnostic tool, but is
subject to considerable inaccuracy. Several studies have shown that
the test equipment can be inaccurate and is prone to user variation.
The majority of patients receive the correct treatment but the
potential for incorrect diagnosis resulting in mistreatment exists
without proper measurement control.
❖ Protecting the environment
Monitoring the environment is becoming increasingly important.
Decisions made by governments affecting the environment require
the support of accurate traceable measurement. These decisions
impact how we live and include:
• control of fishery resources
• monitoring crowd noise at major events, aircraft noise and
industrial noise
• accurate water, air and soil testing for pollutants, heavy metals,
poisons and pesticide residues
• identification of poisons in the environment.
Increasing populations within the Asia Pacific region has resulted in
the increasing need for staple foods. This has the potential to result
in over-use and over-grazing of limited and fragile land resources.
Legal metrology assists governments and communities

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to maintain soil quality and limit degradation of soil integrity by
measuring and controlling the effects associated with agriculture and
grazing of livestock.

Act under legal metrology :-

The Legal Metrology Act, 2009 (hereinafter referred to as the “Act”)
in India, deals with the units and methods of weighment and
measurement in relation to the mandatory technical and legal
compliances in order to ensure public guarantee from the angle of
security and accuracy of the weighments and measurements.
The Act was introduced to replace the Standard of Weights and
Measures Act, 1976 and the Standards of Weights and Measures
(Enforcement) Act, 1985. The provisions of the Act came into force
on April 1, 2011.
The aim of the Act is to set and enforce the standards of weight and
measures, to regulate trade and commerce in weights, measures and
other goods sold or distributed by weight, measure or number and to
regulate other connected matters.
The Legal metrology (Packaged Commodities) Rules, 2011
(hereinafter referred to as the “Rules”) pertain to goods that are
packaged and provide the manner in which declarations are to be
made and what declarations a packaged commodity meant for to be
for sale must contain.

Penalties under the Act

Offences and Penalties under the Act are specified in Chapter V:

❖ Section 27 of the Act provides penalty for manufacture or sale

of non-standard weight or measure that shall be punishable
with a fine which may be extended to twenty thousand rupees
and for the second or subsequent offence with imprisonment

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 for a term which may extend to three year or with fine or with
both.
❖ Section 36(1) of the Act provides penalty for manufacturing,
packaging, selling, distributing, importing etc., of non-standard
packages that shall be punished with fine which may extend to
twenty-five thousand rupees, for the second offence, with fine
which may extend to fifty thousand rupees and for the
subsequent offence, with fine which shall not be less than fifty
thousand rupees but which may extend to one lakh rupees or
with imprisonment for a term which may extend to one year or
with both.
❖ Section 36(2) of the Act provides punishment for
manufacturing or packing or importing any pre-packaged
commodity with error in net quantity as may be prescribed.
The punishment may be a fine of not less than ten thousand
rupees but which may extend to one lakh rupees or with
imprisonment for a term which may extend to one year or with
both.
❖ Section 38 of the Act provides penalty for non-registration by
importer of weight or measure. The offence is punishable with
fine which may extend to twenty five thousand rupees and for
the second subsequent offence, with imprisonment for a tem
which may be extended to six months, or with fine, or with
both.
❖ Regulation 32 of the Rules imposes penalty on the
manufacturer, packer or importer of the commodities for non-
registration under the provisions of the Rules or contravention
of any other Rules

❖ Compounding of Offences
Section 48 of the Act provides that some offenses may be
compounded either before or after the institution of a prosecution
on payment of a prescribed sum. However, no offence can be
compounded if the same offence or a similar offence has been

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committed earlier by the person within three years of date of first
offence which was compounded.

❖ Offences by Companies
Companies must nominate a person who will be held responsible for
the conduct of the company and communicate the same to the
Director of Legal Metrology or the concerned controller. When no
person is nominated then the person in charge or responsible for the
operations of the company are held responsible. The company may
be directed by the Court to publish its name along with the offence
committed in the newspaper at their own cost.