%PDF-1.4 %���� 1 of 1994] 1 OF 2010 [13th January, 2010.] 0000001407 00000 n Section 18 of the Legal Metrology Act, 2009 (‘LMA’) provides that no person is allowed to manufacture, pack, sell, import, deliver, distribute, offer, expose or possess for sale any prepackaged commodity unless such package contains declarations in the prescribed format. G.S.R. "SANS 1841" means the South African National Standard entitled "Control of the quantity of contents in prepacked packages within the legal prescriptions of Trade Metrology Act and Regulations", as amended from time to time; The shelf life or the time span within which the product is best to use can also be mentioned. Required fields are marked *. Read with Rule 32. Legal Metrology orders the mandatory technical and legal requirements relating to the standard of weights and measures for products that are sold or distributed all over India. The new rules require a declaration of ‘country of origin’ or ‘country of manufacture’ or ‘country of assembly’ on the imported products. Some states in India have modified the act to regulate the issues and matters related to legal metrology. Legal Metrology Act Act 9 of 2014 ... – Sale of pre-packed goods –where goods are packed a premises other than the one where the purchase takes place • 1 kg Maize meal –packed by Ruto Mills sold by P&P • 500 ml Beer –Packed by SAB sold in bottle store ... Penalties under the Legal Metrology Act As per the International Bureau of Weights and Measures the same is define Metrology to include theoretical & practical problems, the realization of the units of measurement and their physical representation as well as measuring instruments & their field of application. The base unit for length shall be in meters, mass shall be in kilograms, time shall be in seconds. In these regulations - "Act" means the Legal Metrology Act; "batch", in relation … Under the Act, there are various rules, but a crucial arm of the act is the Packaged Commodities Rules, i.e. (a) packages of commodities containing quantity of more than 25 kg or 25 litre excluding cement and fertilizer sold in bags up to 50 kg; and. 0000001644 00000 n All Right Reserved. 414 11 Legal Metrology Act, 2009 was enacted with the objectives to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. Customer service or helpline for customer grievances. This Act may be cited as the Legal Metrology Act 1985. The date of expiry along with month and year should be mentioned on the product. 2. + An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. THE LEGAL METROLOGY ACT 1985 Regulations made by the Minister under section 14 of the Metrology Act 1985. 0000000776 00000 n 424 0 obj<>stream 2. It is difficult to find the actual person responsible for altercations in quantity and quality. 4000. �\X�y �����.�.���(r��huf���s�b�+�3~Q�K��»H�����-\��sg1����ފ~��7#;��_|��7��tw��+\\Ec�]w�����x�?�����[���Mtv�C. 0000000516 00000 n Note that Rs. The Central Government in exercise of its powers provided under the Legal Metrology Act, 2009 (Act) issued the Legal Metrology (Packaged Commodities) Rules, 2011 … THE LEGAL METROLOGY ACT, 2009 # NO. NOTIFICATION . 0000004970 00000 n Initially in India law relating to the same was covered under the Standards of Weights and Measures Act, 1976, however, it was replaced by the Legal Metrology Act, 2009. Metrology is the science of weights and measures or of measurement and relates to a system of weights and measures. In these regulations – “Act” means the Legal Metrology Act 1985; Showing Replies 1 to 8 of 8 Records Renting of Commercial Properties; Revenue neutral transaction for the state. It is difficult for businesses dealing with packaging goods to operate in accordance with the act. <<0773C4F23B68FC48979E120D547CF566>]>> Are Legal metrology department and Transport department can be termed as regulatory bodies so as not to be covered under the definition of 'Government' for section 9(3) of CGST Act 2017? THE LEGAL METROLOGY ACT, 2009 ACT NO. An act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weights, measure or number and for matters connected therewith or incidental thereto”. In India, such regulations are monitored under Legal Metrology Act. THESE GUIDELINES ARE ON THE BASIS OF THEIR PRIORITY. month & year. The Legal Metrology Act, 2009 (hereinafter referred to as the "Act") in India, deals with the units and methods of weighment and measurement in… 1 OF 2010 $ [13th January, 2010.] The manufacturer’s or seller’s identity is also known to the buyer and sometimes the product is manufactured in front of a buyer like flour in chakki. 2. Legal Metrology is responsible for the implementation of the requirements of the Trade Metrology Act, 1973 and Regulations. GSR 202 (E) --- 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:- 1. The import of weights and measures are regulated by Legal Metrology department of importing country. 0000002442 00000 n The manufacturer might be beyond the reach of the buyer. Chapter II of the LMPC Rules applies to packages meant for retail sale. What declaration should be made on the packaging and how is also mentioned in the act. 1998 – The Legal Metrology Service was incorporated into the National Standards Authority of Ireland. The Supreme Court in its recent judgement dated September 04, 2019 in the matter of State of U.P. 1 OF 2010 [13th January, 2010.] The generic name of the commodity that is being sold, The maximum retail price (inclusive of all taxes) must be declared. Standard weights and measures shall be in accordance with the metric system based on the international system of units. The act was passed with the purpose of establishing and enforcing standards of weights and measures or aspects incidental to the same. There are many middlemen between the manufacturer and the final consumer. Many commodities such as vegetables, flour from chakki are manufactured, sold, and purchased then why do packaged goods require the legal metrology certificate? With the involvement in a wide number of cases, a consultant can help you with compliance and advice you through complex matters. The Supreme Court in its recent judgement dated 04 September, 2019, in the matter of State of U.P. v. Aman Mittal 1, held that Section 3 of Legal Metrology Act, 2009 (Act), overrides the provisions related to weights and measures covered under Chapter XIII of Indian Penal Code, 1860 (IPC).Section 3 of the Act states that provisions of the Act will override the provisions of any other law. 0000001250 00000 n However, a doubt may arise as to the meaning of the term ‘origin’ used in the aforesaid rules. The Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 (Rules) prescribe the mandatory technical and legal requirements relating to standards of weights and measures for goods which are sold or distributed in India. In the end, the Legal Metrology Act covering packaging goods is covered by a vast number of details and is complex. The Legal Metrology Act, 2009 was introduced under central jurisdiction as a model act, each state in India has a will to adopt the act with or without modifications. In this article, Kanishka Chakrabarti pursuing Diploma in Entrepreneurship Administration and Business Laws from NUJS, Kolkata, discusses The Legal Metrology (Packaged Commodities) Rules, 2011. Standard weights and measures shall be in accordance with the metric system based on the international system of units. Design & Developed By. ;���x�{���K��%(I5�AS�5_��U�$�AfV�̓'�?�O?����~���� Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter referred to as “Rules”). 1 OF 2010 $ [13th January, 2010.] If standard units are not used for the declaration, there will be a fine of Rs.2000/- or 4000/- depending on the case. Founded in 1995, ASC group is a leading finance, legal consulting offering tailor made solutions to organisations across the world. REGISTRATION UNDER PACKAGED COMMODITY RULES 2011 It is necessary for every manufacturer / packer / … Licence fees as per Schedule – IV of the Meghalaya Legal Metrology (Enforcement) Rules, 2011. Legal Metrology orders the mandatory technical and legal requirements relating to the standard of weights and measures for products that are sold or distributed all over India. It also outlines standards regarding weight & measurements of packaged goods. 414 0 obj <> endobj A legal metrology consultant has vast knowledge and experience. Registration of manufacturers, packers, and importers with the State Controller of Legal Metrology or the Director of Legal Metrology is compulsory. However, certain provisions apply to some goods only. An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. endstream endobj 423 0 obj<>/Size 414/Type/XRef>>stream 5000 is the fine payable for retailers or wholesale dealer in this case. The Legal Metrology Act, 2009 (1 of 2010) was implemented with effect from 1st April, 2011 the preamble of the act is as follows: 2. %%EOF Yes, under sec.23 of Legal Metrology Act, 2009. no person shall make, manufacturer, repair, sell any weight or measure unless he holds a valid licence. These regulations may be cited as the Legal Metrology (Pre-packed Commodities) Regulations 2006. xref The Legal Metrology (Packaged Commodities) Rules, 2011. The act was passed with the purpose of establishing and enforcing standards of weights and measures or aspects incidental to the same. endstream endobj 415 0 obj<>/Metadata 51 0 R/PieceInfo<>>>/Pages 47 0 R/PageLayout/OneColumn/OCProperties<>/StructTreeRoot 53 0 R/Type/Catalog/LastModified(D:20100521153831)/PageLabels 45 0 R>> endobj 416 0 obj<>/PageElement<>>>/Name(HeaderFooter)/Type/OCG>> endobj 417 0 obj<>/ProcSet[/PDF/Text]/Properties<>/ExtGState<>>>/Type/Page>> endobj 418 0 obj<> endobj 419 0 obj<> endobj 420 0 obj<> endobj 421 0 obj<>stream Your email address will not be published. 1. The act specifies various rules that mention how and where you should make all declarations depending on the shape and size of your product. The food products are exempt from this law as they fall under the provision of Food Safety & Security Act. The question that will arise in your mind is – why one needs to adhere to the Legal Metrology Act in the first place? Violation of which will lead to a fine of Rs. Also, the freshness and safety of the packed goods are unknown. By Rupin Chopra and Priyanka Batra. Recent Amendment. Unpacked goods do not need to fall under Legal Metrology rules as most often the weighing is done before the consumer. 0 0000000961 00000 n It is difficult for businesses dealing with packaging goods to operate in accordance with the act. LEGAL METROLOGY ACT, 2009, Other Topics. Recent Amendment. - 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. Long Title: An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or … Penalties may increase up to Rs.25,000/- for the first offense of non-declaration, Rs.50,000/- for second and can extend up to Rs.100,000 or imprisonment, or both for subsequent offenses. Date of manufacture, packaging or import must be mentioned on the packaging along with viz. (b) packaged commodities meant for … In many cases, it may happen that the importer is oblivious of the country where the product has undergone manufacturing or the country where it was as… x�b```b``������z���x�b�,��W���-y�k��x���g����*W�b`�"��8 m�Y�YͦlY��H%9 �C1���A�Ǚ$�!r�_63�=�` Ě�V i!n� &��Ӂ4#� ��E� Amended by [Act No. In the end, the Legal Metrology Act covering packaging goods is covered by a vast number of details and is complex. 0000002519 00000 n Where the consumer can complain in case he finds any violation of Legal Metrology Act & Rules? Simply making declarations is not enough, you need to make them in the right manner. OF THE LEGAL METROLOGY ACT, 2009 AND LEGAL METROLOGY (PACKAGED COMMODITIES) RULES 2011. THE LEGAL METROLOGY ACT, 2009 ACT NO. Legal Metrology (Packaged Commodities) Rules, 2011 (hereinafter referred to as “Rules”). The Legal Metrology (Packaged Commodities) Rules, 2011 which govern the pre-packed commodities, were amended by Notification Number G.S.R. The Legal Metrology Act, 2009. The provisions of this Chapter shall not apply to,-. Many provisions that apply or do not apply to different types of packaged goods as specified under the law. Section 36 (1) of the Legal Metrology Act, 2009. THE LEGAL METROLOGY ACT, 2009 # NO. E-WAY BILLS SIGNED BY CONSIGNEE; Classification of goods – Rate of GST – Since, “tips and balls of pens” are definitively not considered as part of “Pen holders, pencil holders and similar holders” they are to be classified under 9608 99 90: Others, under HSN 9608 and are to be The act falls under the jurisdiction of the Department of Legal Metrology which comes under the Department of Consumer Affairs. In case of packed goods, the manufacturer’s identity is not known. Legal metrology Print this page We answer specific questions from local authorities about product safety and legal metrology regulations they enforce and for which BEIS has policy responsibility. Recent Posts. The basic provisions are applicable to all packaged goods. Legal Metrology is the name given to all applied metrology subjected to regulations by law or government decree. In India the law rel… trailer of legal metrology legislation including prepackaged products", as amended from time to time. Copyright © 2020 Ascgroup. 1. Initially in India law relating to the same was covered under the Standards of Weights and Measures Act, 1976, however, it was replaced by the Legal Metrology Act, 2009. For maintenance of fair trade practices and protection of consumers’ rights, the act defines rules regarding packaging of goods. Regulations made by the Minister under section 14 of the Legal Metrology Act 1. NRCS has regional Legal Metrology offices in Pretoria, Cape Town, Durban, Port Elizabeth, and Bloemfontein. In the Lok Sabha, such amendments were stated as an aim towards balancing with the requirement of ease of doing business. startxref In case the manufacturing and packaging entities are different, the names and address of both must be provided separately. Having heard the learned advocates appearing for parties and on perusal of records it would disclose that pre-packaged commodity has been defined under Section 2(l) of Legal Metrology Act, 2009, and it reads as under: 2. The Legal Metrology (Packaged Commodities) Rules, 2011 The Legal Metrology Act, 2009 came into effect on the 1st of April, 2011, replacing the Weights and Measures Act. Interpretation. 0000000016 00000 n G.S.R. x�bb�d`b``Ń3� ���ţ�� �5= Posts / Replies. There can be an overlap only when two provisions are covenant with the same offence, however, in the above case the overlap was only between Section 3 of the Act and Chapter XIII of IPC. In India, such regulations are monitored under Legal Metrology Act. The legal metrology act ensures that the end consumer has all the relevant information about packaged goods such as expiry date, weight, price so that they can make buying decisions with clarity. Your email address will not be published. Therefore, the Hon’ble Supreme Court has rightly … The Legal Metrology Act covers provisions related to weights and measures, whereas, IPC is a code that extensively defines several offences and their sentences accordingly. An offence under Section 29 of the Legal Metrology Act, 2009 read with Rule 32. 629 (E) dated 23 rd June 2017 and the said amendments have become effective from 1-1-2018. Equipments required- (1) The Director, Controller or any Legal Metrology Officer authorized by or under the Act, to determine the net quantity; of commodity contained in any package, shall be provided by the concerned Government with adequate equipments and facilities to carry out his work to the required degree of accuracy in an Expedient and efficient manner. There are many other penalties listed under the act for various violations. These regulations may be cited as the Legal Metrology (Assize) Regulations 1994 (Amended version). The act also specifies rules regarding how numbers and numerals should be written and declared. + An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. 823(E).—In exercise of the powers conferred by sub-section (1) read with clause (m) of sub-section (2) of Section 52 of the Legal Metrology Act, 2009 (1 of 2010), the Central Government hereby makes the following rules to amend the Legal Metrology (Approval of … The Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 (Rules) prescribe the mandatory technical and legal requirements relating to standards of weights and measures for goods which are sold or distributed in India. Save my name, email, and website in this browser for the next time I comment. In this Act - C: ... in relation to any goods or services— (a) quote any price or charge; (b) issue or exhibit any price list, ... which may be used under the International Systems of Units (SI) Act 1984. A legal metrology consultant has vast knowledge and experience. The name of manufacturing, packaging or importing entity along with the address must be declared on packaged goods. H��W�r�H}�W���F�Y��. Commodities that are more than 25kg or liters in weight (50 for fertilizers & cement) are exempt from retail laws. The Legal Metrology (Packaged Commodities) Rules, 2011: ‘ pre-packaged commodity’ is defined under the Act as, ‘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’. 823(E).—In exercise of the powers conferred by sub-section (1) read with clause (m) of sub-section (2) of Section 52 of the Legal Metrology Act, 2009 (1 of 2010), the Central Government hereby makes the following rules to amend the Legal Metrology (Approval of Models) Rules, 2011, namely:—. Applicability of the Chapter-. In addition to basic declarations, there are quantity declaration rules covering weight, volume, length, area & number. In case the date of manufacturing and packing are different, they must be mentioned separately. Under the Act, there are various rules, but a crucial arm of the act is the Packaged Commodities Rules, i.e. The Legal Metrology Act establishes and enforces standards and regulations of weights & measurements or any aspects that are incidental to the same. However, the Hon’ble Supreme Court in Whirlpool of India Ltd. v. Union of India [5] held that refrigerator is covered under the term pre‐packed commodity. 1996 - The Legal Metrology was established in law under the Metrology Act, 1996, following a review that began in the early 1990s. 7th March 2011 . You must also keep in mind rules regarding labels and wholesale packaging. Although there are various rules mentioned under the act, one of the major parts of the act is about packaged commodities. Section 36 (2) of the Legal Metrology Act, 2009. 19. An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. Staff at all offices is qualified to undertake inspections under the Trade Metrology Act. This chapter is not applicable to goods meant for institutional and industrial use directly from the manufacturer such as a company buying biscuits in bulk to distribute among employees. For example, chapter 2 of the Act applies to packaged goods meant for retail sale. Jurisprudence is well developed on interpretation of the terms ‘manufacture’ and ‘assembly’ under excise and income tax laws. With 7 offices worldwide and a team of 250 professionals, ASC has emerged as an innovative financial advisory. 0000002199 00000 n