Legal Metrology-At a glance
| Compliance Description | Events Periodicity | Applicability/ Compliance Activity | Exemption | Penal Provision |
| The Legal Metrology Act, 2009 & Legal Metrology (Packaged Commodities) Rules, 2011, Legal Metrology (General) Rules, 2011, Legal Metrology (Numeration) Rules, 2011 |
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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. | Case to case basis | Case to case basis |
| Registration of Manufacturers, Packers and Importers | Within 30 days from the date commencement of pre-packing or import. | Rule 27(1):- who or which pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of Rs. 500/- to the Director or the Controller for the registration of his or its name and complete address.
In case the applicant commences activity after the commencement of these rules, within 30 days from the date on which he or it commences such pre-packing or import. |
Rule 26 – Exemptions if—
(a) 10 gram or 10 ml or less except for tobacco or tobacco products. (b) any package containing fast food items (c) it contains scheduled / non-scheduled formulations covered under the Drugs (d) agricultural form produces in packages of above 50 kg’. |
Rule 32(1):- Punishable with fine of Rs. 4000/-
Sec 41(1)- For furnishing any false information, fine which may extend to Rs. 5000/- and for the second or subsequent offence with imprisonment for a term which may extend to 6 months and also with fine. |
| Verification and stamping of weight or, measure | Before putting such weight or measure into use |
Every person shall, before putting weight or measure into such use, have such weight or measure verified at such place and during such hours as the Controller may, specify in this behalf, on payment of such fees as may be prescribed. | Section 55 – Exemptions if the weights or measure:
(a) used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, for the use of the Armed Forces of the Union; (c) manufactured exclusively for export. |
Sec 33:- Fine which shall not be less than Rs. 2000/- but which may extend to Rs. 10,000/- and, for the second or subsequent offence, with imprisonment for a term which may extend ‘to 1 year and also with fine. |
| Periodical verification of weights or measures | 1. 24 Months for all weights, capacity measures, length measures, tape, beam scale and counter machine
2. 60 Months for storage tanks, and 3. 12 Months for all weight or measure including tank lorry other than that mentioned in clauses (a) & (b) |
Rule 27: Every weight or measure used or intended to be used in any transaction or for protection of living beings or things in clause (k) of section 2 shall be re-verified and stamped by the Legal Metrology Officer in the State in which such weight or measure is being used at periodical intervals. |
Same as above |
Same as above |
| Verification of weights or measures in case of re-installed | Before being put into use | Rule 27 : Notwithstanding anything contained in rule 27(2) every weight or measure which has been verified and stamped, if it is dismantled and re-installed before the date on which the verification falls due shall be duly re-verified and stamped, before being put into use. | Same as above | Same as above |
| Intimation of nomination of directors by the company under the Act | Immediately on nomination | A company may nominate one of its Directors, with his written consent, who will be responsible for the conduct of the company. Such nomination should be communicated to the Director and the Controllers of Legal Metrology of all states by notice in duplicate, in the format as specified | – | Sec 41(1)- For Furnishing false fine which may extend to Rs. 5000/- and for the second or subsequent offence with imprisonment for a term which may extend to 6 months and also with fine. |
| Manufacturer or packer to intimate by circulation of notices change in retail sale price of any commodity after pre-packing, due to revision of tax payable in relation to such commodity | immediately after revision of price on packages | Rule 18 (3) : Where, after any commodity has been pre-packed for sale, any tax payable in relation to such commodity is revised, the retail dealer shall not make any retail sale of such commodity at a price exceeding the revised retail sale price, communicated to him by the manufacturer, or where the manufacturer is not the packer, it shall be, the duty of the manufacturer or packer to indicate by circulation of notices to the dealers and to the Director in the CG and Controllers of Legal Metrology in the States and Union Territories, the revised prices of such packages | Rule 18 (4) Legal Metrology (Packaged Commodities) Rules, 2011 : package which is not required, under these rules to indicate the month and the year in which it was pre-packed. Rule 3: Exemptions:(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(b) packaged commodities meant for industrial consumers or institutional consumers.Rule 26 :- Exemptions if— Rule 26 – Exemptions if—(a) 10 gram or 10 ml or less except for tobacco or tobacco products.(b) any package containing fast food items(c) it contains scheduled / non-scheduled formulations covered under the Drugs (Price Control) Order,1995.(d) agricultural form produces in packages of above 50 kg’. |
Rule 32(2):Punishable with fine of Rs. 2000/-. {Vide Legal Metrology (Packaged Commodities) Amendment Rules,2015 } |
Note : State Governments have also prescribed rules regarding legal metrology. So it is essential that consider State regulations along with Central regulations. To know more on the subject you can post your queries on info@lexcomply.com or visit www.lexcomply.com
CA CS Pooja Aggarwal
Well written .. short and useful… keep it up (y)