Unit I: Legal Metrology Act, 2009

Introduction
The science of measuring is known as metrology. It covers theoretical and practical issues,
the realisation of units of measurement and their physical representation, as well as
measuring tools and their application fields. Legal metrology refers to any applied metrology
that is governed by legislation or government order. The scope of legal metrology differs
from nation to nation. Legal metrology in most nations involves measurements for individual
financial, health, and environmental protection.

Legal metrology has applications in three major sectors, according to international practices:

 Commercial transactions,
 Measures needed to ensure the public health and human safety, and
 Industrial measurements.
Legal Metrology is a legislative department of the Department of Consumer Affairs that deals
with the implementation of rules, regulations, requirements, and processes pertaining to
measurement and measuring devices. The Department of Legal Metrology is part of the
Government of India’s Department of Consumer Affairs, Food, and Public Distribution. It
regulates the trade and import of weighing and measuring tools in India. Previously known as
the Department of Weights and Measures, the Legal Metrology Act, 2009 superseded
the Standards of Weights and Measures Act, 1976, as well as the Standard Weights and
Measures (Enforcement) Act, 1985.

The Legal Metrology Act, 2009

The organisation of weights and measures was founded in 1958 to achieve weight and
measure uniformity in conformity with international standards to ease trade and commerce.

In 1976, the Standards of Weights and Measures Act was adopted, which provided for the
establishment of standards of weights and measures, as well as the regulation of inter-state
trade or commerce in weights and measures and other items sold by weight, measure, or
number. The Standards of Weights and Measures (Enforcement) Act, 1985 was passed in
1985 to enforce weights and measures standards set by or under the 1976 Act.

Since the fast growth of science and technology, as well as the globalisation of economies,
there has been a great increase in weighing and measuring procedures, which has broadened
the scope of weights and measures. The Legal Metrology Act, 2009 was enacted on 1-4-2011
with the intent of establishing weights and measures standards, regulating trade and
commerce in weights and measures and other commodities sold or distributed by weight,
measure, or number, and for matters connected with or incidental thereto.
Objectives of the Legal Metrology Act

The Act went into effect with the following goals:

 To govern weights and measure trade and commerce.

 To establish and enforce weight and measurement standards.
 Weights, measurements, or numbers are used to govern the manufacturing, sale,
and usage of items.
 To rationalise the Indian Metric system (metre, kilogram, etc.).

Applicability of the Legal Metrology Act

Legal metrology provisions apply to the following:

 Individuals that use any weight or measure in any transaction, industrial

production, or protection.
 Manufacturer, retailer, wholesaler, dealer, repairer of any weight or measure,
importer, and/or packer of any weight, measure, or number-related item.

Nature of the Legal Metrology Act

The Legal Metrology Act of 2009, in particular, provides for the following:

 Weight or measure regulation used in a transaction or for protection;

 Approval of a weight or measurement model;
 Verification of stipulated weight or measurement by a government-approved
testing facility;
 Specifying the qualifications of legal metrology officials appointed by the Central
or State Governments;
 Exemption from weight and measure regulations for export items;
 Fees for certain services are levied;
 Nomination of a director by a corporation who will be accountable for enactment
compliance;
 Penalty for offences and offences combined;
 Appeals against various agencies’ decisions; and
 Empowering the central government to create regulations for upholding the
enactment’s provisions
Overview of provisions of the Legal Metrology Act
The organisation of weights and measures was founded in 1958 with the goal of achieving
weight and measuring uniformity in conformity with international standards in order to ease
trade and commerce.

In 1976, the Standards of Weights and Measures Act was adopted, which provided for the
establishment of standards of weights and measures, as well as the regulation of inter-state
trade or commerce in weights and measures and other items sold by weight, measure, or
number. The Standards of Weights and Measures (Enforcement) Act, 1985 was passed in
1985 to enforce weights and measures standards set by or under the 1976 Act.

Since the fast growth of science and technology, as well as the globalisation of economies,
there has been a great increase in weighing and measuring procedures, which has broadened
the scope of weights and measures. The Legal Metrology Act, 2009 was enacted on 1st June
2011 with the intent of establishing weights and measures standards, regulating trade and
commerce in weights and measures and other commodities sold or distributed by weight,
measure, or number, and for matters connected with or incidental thereto.

Administrative mechanism of legal metrology in India

1. Department of Consumer Affairs under Ministry of Consumer Affairs, Food and

Public Distribution
The Department of Consumer Affairs, which is part of the Ministry of Consumer Affairs,
Food and Public Distribution, is in charge of developing policies for monitoring prices, the
availability of essential commodities, consumer movement in the country, and the oversight
of statutory bodies such as the Bureau of Indian Standards (BIS) and weights and measures.

The Department of Consumer Affairs Weights and Measures Unit is the primary authority for
dealing with the issue and is responsible for all concerns falling under the scope of the
Central Government. Furthermore, it must direct, coordinate, and monitor the state
enforcement apparatus’s actions.

The duty for weights and measures is divided by the Centre and the states. The Central
Government is responsible for matters of national policy and other associated duties such as
uniform legislation on weights and measures, technical regulations, training, precision
laboratory facilities, and implementation of the International Recommendation. The state
governments and Union Territory Administration are in charge of enforcing the laws daily.

2. Directorate of Legal Metrology

The Directorate of Legal Metrology in each state is in charge of enforcing the Standards and
Weights and Measures Act, which is essentially a three-tier organisation comprised of
Inspectors of Legal Metrology at the field level, Assistant Controllers of Legal Metrology at
the district level, and the Controller of Legal Metrology with four Deputy Controllers sitting
at the state level. The four Regional Reference Standard Laboratories (RRSL) situated in
Ahmedabad, Bhubaneswar, Bangalore, and Faridabad calibrate the legal weights and
measures of the states and union territories. These labs also offer calibration services to
enterprises in their respective regions. They have recognised laboratories for performing
model approval testing on weights and measuring devices.

Legislations enacted by the government to regulate Legal Metrology

The Legal Metrology Act, 2009 was adopted because it became necessary for the government
to merge the contents of the previous two Acts in order to eliminate anomalies and simplify
the laws. It also became vital to maintain regulation realistic to the amount required to defend
consumers’ interests while also keeping the sector free of unnecessary intrusion. Recognition
of certain “Government-authorised Test Centres” with the authority to verify stipulated
weight or measure was also necessary.

Certain Legislations enacted by the government to regulate Legal Metrology Act are as
follows:

 The Legal Metrology Act, 2009

 The Legal Metrology (Packaged Commodities) Rules, 2011
 The Legal Metrology (General) Rules, 2011
 The Legal Metrology (Approval of Models) Rules, 2011
 The Legal Metrology (National Standards) Rules, 2011
 The Legal Metrology (Numeration) Rules, 2011
 The Indian Institute of Legal Metrology Rules, 2011

Important terms under the Legal Metrology Act

Under Section 2 (f) of the Act, any written, marked, stamped, printed, or graphic information
adhered to or appearing on any pre-packaged item is referred to as a “label.”

Under Section 2 (k) of the Act, “Protection” is used as a reading from any weight or measure
to determine any action that must be done to ensure the well-being of any human being or
animal, or to protect any product, vegetation, or item, whether individually or collectively.

A pre-packaged commodity under Section 2 (l) of the Act, is placed in packaging of any
type, whether sealed or not, without the presence of the customer, such that the product
contained inside has a predetermined amount.

A stamp under Section 2 (t) of the Act, is a mark formed by impressing, casting, engraving,
etching, branding, or affixing a pre-stressed paper seal on any weight or measure to —

1. confirming that such weight or measure complies with the standard prescribed by
or under this Act, or
 2. showing that any prior mark certifying that such weight or measure complies with
the criteria set by or under this Act has been erased;
A weight or measure under Section 2 (w) of the Act, prescribed by or under this Act,
including weighing or measuring equipment, is referred to as a “weight or measure.”

Standard weight or measure

Chapter II of the Act enunciates the standard weight or measure will be any weight or
measure that conforms to the standard unit of such weight or measure (based on the 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). Non-standard or unverified weights and measures are subject to
seizure and forfeiture.

Appointment of the Controller and other legal metrology officers

The state government shall appoint officers under Section 14(1), but their qualifications will
be set by the Central Government under Section 52(2).

Pre-packaged commodities declaration

Under Section 18 of the Act, manufacturing, packaging, selling, or importing any pre-
packaged item is illegal unless it is in a standard amount and has all required disclosures. Any
advertising that mentions the retail price of a packaged commodity shall also include the net
quantity or number of commodities contained in the package.

Approval of model

Under Section 22 of the Act, except for cast iron, brass, bullion, or carat weight, beam scales,
length measure (but not measuring tape), and capacity measures up to 20 litre capacities, any
weights or measures will require model permission before manufacturing or importing.

Licence

Under Section 23 of the Act, without a licence from the Controller of Legal Metrology, no
one may produce, sell, or repair any weight or measure. A licensee is expected to keep proper
records and registers. He must also present the records and registrations during the
examination.

Weights and measures verification

Before using any weights or measures in a transaction, they should be validated. The Central
Government will specify the weights and measurements that must be verified by Government
Approved Test Centres. The Central/State Governments will notify the Test Centres.
Offences added together

On payment of a predetermined price, certain offences may be compounded before or after

the commencement of a prosecution. No offence can be compounded if the offender
committed the same or comparable offence within three years of the date of the first offence
that was compounded.

Recent developments with respect to the Legal Metrology Act

Any person who uses a weight or measure in a transaction or for protection must provide the
weight or measure for verification at the following locations:

 At the legal metrology officer’s office at the state of manufacturing, state of

import, or place of installation.
 The legal metrology official in the state where the weight or measure is used must
re-verify and stamp it at regular intervals.
 Weights and measurements that are utilised by industries for internal purposes and
do not influence the quantity given to the customer do not need to be re-verified.
 Declarations are essential for all web portals.
 If a package includes a commodity, ‘Best before’ or ‘Use by Date, Month, and
Year’ must be marked.

Offences under the Legal Metrology Act

Certain offences covered by the Legal Metrology Act, 2009 are as follows:

Compounding offences

Section 48 of the Act states that certain acts may be compounded either before or after the
commencement of a prosecution for a fee. However, no offence can be compounded if the
offender had previously committed the same or a comparable offence within three years of
the date of the first offence that was compounded.

Offences by companies

Under Section 49 of the Act, a firm may appoint someone to be in charge of the company’s
operations. Any such nomination should be reported to the Director of Legal Metrology or
the appropriate Controller. The nominated individual and the firm shall be held liable for any
violations of the Act’s requirements. When no one is nominated, the person in control or
responsible for the firm is held accountable. Even if a person is nominated, any other person
who is responsible to the firm and whose cooperation or negligence resulted in the violation
will be held culpable for any crime committed. When a firm is convicted, the court may order
that its name and the nature of the offence be published in newspapers at the company’s
expense.

Penalties under the Legal Metrology Act

The Act’s offences and penalties are outlined in Chapter V:

Section 27 of the Act states that the manufacturing or sale of non-standard weights or
measures is punished by a fine of up to 20,000 rupees for the first offence, imprisonment for
up to three years for the second or subsequent offence, or both.

Section 36(1) of the Act allows for a punishment of up to twenty-five thousand rupees for the
first crime, a fine of up to fifty thousand rupees for the second offence, and a fine of up to one
lakh rupees for the third violation.

Section 36(2) of the Act allows for a penalty if a pre-packaged item is manufactured, packed,
or imported with an error in net quantity as stipulated. The punishment may consist of a fine
of not less than ten thousand rupees but not exceeding one lakh rupees, imprisonment for a
term not exceeding one year, or both.

Section 38 of the Act establishes a penalty for non-registration of weights and measures by
importers. The offence is punished by a fine of up to twenty-five thousand rupees, and for the
second consecutive offence, by imprisonment for a term of up to six months, or by fine, or by
both.

Section 32 of the Act imposes a penalty on the commodity’s maker, packer, or importer for
failure to register under the Rules’ requirements or for violating any other rule.

Appeal under the Legal Metrology Act

Under Section 50 of the Act, Appeals may be lodged to the next higher authority within 60
days after the date of the order or decision by an officer of legal metrology.

Benefits under the Legal Metrology Act

Measurement is critical in trading processes. The need for efficient commerce is visible,
resulting in a balance between traders and consumers.

 Lowers transaction costs: Revising faulty measuring techniques is often

expensive and time-consuming. They have an impact on both enterprises and
consumers. Initiating legal action against a trader who has the chutzpah to violate
measuring regulations is also costly. However, when measures are taken precisely
and correctly, following all of the requirements of the Legal Metrology Act, it
saves money and time.
  The supporting trade: Legal Metrology Act is in charge of policing any illegal or
unfair trade activities. This Act strives to ensure that measuring devices are in
good working order and can fulfil their intended function while meeting
international standards.
 Obtaining government funds: The government generates money through excise
fees paid on goods manufactured, sold, imported, and exported, as well as
measurement taxes. The Legal Metrology Act assures that no injustice is done to
both the government and businesses when it comes to tax collection. The deal by a
percentage of mass commodities may be a significant amount of both export and
national pay, particularly in things such as wood, rice, coffee, palm oil, coal, iron-
mineral, gold, jewels, and natural gas.
 Reduces trade technical barriers: The Legal Metrology Act decreases the burden
of technical impediments while promoting measuring confidence and clarity.
Fewer obstacles boost national morale and encourage people to engage in the
global commerce system, which boosts national economic progress. A merchant
can eliminate unnecessary hurdles in the process of adopting and applying
technical laws, standards, and conformity assessment procedures by using the
Legal Metrology Act.
 Increase consumer trust: When a consumer learns they are receiving a product
that has been validated according to particular norms and regulations, it increases
their faith in the businessman, ultimately leading to a successful trading
connection.

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 instil trust in customers, the government,
business people, and merchants. It regulates unfair trade practices.