M I SERIES Daman 1" April, 2011, 11 Chaitra 1933 (Saka) '* : 04 No. O F F I C I A L - - G A Z E T T E Governn~ent of India U.T. ADMINISTRATION OF DAMAN & DIU ~ r n ~ PUBLISHED BY AUTHORITY P P d U.T. ADMINISTRATION OF DAMAN AND DIU, DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS, LEGAL METROLOGY OF WEIGHTS AND MEASURES, DAMAN AND DIU. --\ C) No. ACLM/DMN/E.R.2011-121 3 ( - . Date:-3 1 /03/2011 NOT1 f;l CATION. h exercise of the power conferred by sub-section (1) of Section 1 ? 53 of the Legal Metrology Act,2009 (1 of 201 O), and Sub Rule - 3 of Rule-1 of the Daman and Diu Legal Metrology (Enforcement) Rule-20 1 1 , the Administrator of Daman and Diu hereby appoints 1 st April as the date on which the Daman & Diu Legal metrology (enforcement) Rule - 201 1 shall come into force in the Union Territory of Daman and Diu. . I By order and in the name of The Administrator, U.T. of Darnan and Diu. & Manoj Kumar Sahoo Secretary (C.S.) - SERIES - I No. : 04 DATED : lST APRIL, 2011. U.T. ADMINISTRATION OF DAMAN AND DIU, DEPARTMENT OF FOOD CIVIL SUPPLIES AND CONSUMER- AFFAIRS, DAMAN & Diu. NOTIFICATION THE DAMAN AND DIU LEGAL METROLOGY (ENFORCEMENT)RULES, 2011. ( I I WHEREAS on enactment of the Legal Metrology Act. 2009. (No.1 of 2010) and Notified on 14" January, 2010 in the Official Gazette of the Government of India, Extra Ordinary, part 11, Section-I, the Administrator of I i Daman & Diu, in exercise of the power conferred by Sub-section (1) & (4) of Section 53 of the said Act, and as required framed and published the draft I , Daman & Diu, Legal Metrology(Enforcement) Rules,2011, in the Official Gazette of Daman & Diu, Administration Series I No. 03 dated 21-01-201 1, inviting suggestion/objection if any from the general public, within 15 days of this publication in the official gazette. I I I AND WHEREAS, the copies of the said Gazette were made available to I the public on the 20/01/2011. 1 \ AND WHEREAS, no objection or suggestion are received within the 1 specified period on the said draft Rules. And The suggestion received on the I said draft rules, from the Government of India Ministry of food & public Distribution, Department of Consumer Affairs, New Delhi, have been accepted by this Administration. NOW, THEREFORE, in exercise of the power conferred by sub-section- I
(1) & (4) of section-53 of the said Act, the Administration of Daman & Diu is I pleased to make the following Daman & Diu Legal Metrology (Enforcement) \ Rules, 20 1 1. I I 1 . Short title and commencement-(1) These rules may be called the Daman & Diu.) Legal Metrology (Enforcement) Rules, 201 1.
(2) They extend to the whole of U T. of Darnan & Diu.
(3) They shall come into force on such date as the Administrator may, by notification, appoint, and different dates may be appointed for different -. provisions of these rules.
2. Definitions -In these rules, unless the context othelwise requires -
(a)"Act" means the Legal Metrology Act, 2009.
(b)"Reference Standards Laboratory" means a laboratoiy set up by the Central Govesnment under the Act, where Reference Standards, Secondaty Standards and Working Standards are maintained:
( c) "Schedule" means a schedule appended to these rules:
(d)Words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
3. Reference Standards - The Reference Standards shall be kept at such place, in such manner and in such custody as prescribed under the Legal Metrology (National Standards) Rules, 201 1.
4. Secondary Standards - (I) Evety secondary Standards shall be verified at any of the Reference Standards Laboratories, in such manner and at such periodical intervals as may be prescribed under the rules and shall, if found on such verification to conform to the Standards established by or under that Act, be stamped by Reference Standard Laboratoly or a certificate of verification will be issued by that laboratory.
(2) The Secondary Standards shall be kept at such place, and in such custody as the controller may direct.
5. Working Standards - (1) Every Working Standard shall be verified either at any of the Reference Standards laboratories or at any of the Secondary Standards Laboratories maintained by the (U T. of Daman & Diu.) in such manner and at such periodical intervals as may be prescribed under the rules and shall, if found on such verification to conform to the Standards established by or under the Act, be stamped or certificate of verification will be issued by that laboratoiy as the case may be.
(2) The Working Standards shall be kept in the custody of legal ~netrology officer. 7 SERIES - I NO. : 04 DATED : IS' APRIL, 2011.
6. Secondary Standard balances - (l)A set of Secondary standard balances shall be maintained at evety place where Secondary Standard Weights are kept.
(2) The number, types and specifications of such balances shall be such as may be prescribed under the Legal Metrology (General) Rules, 201 1.
(3) Every Secondary Standard balance shall be verified at least once within a period of twelve months and shall be adjusted, if necessary, to make it conect within the limits of sensitivity and other metrological qualities prescribed under the Act, by the Reference Standards Laboratoly or by the Controller or such other officer as may be authorized by the Controller in this behalf.
7. Working Standard Balances: (l)A set of Working Standard balances shall be maintained at every place where Working Standard Weights are kept.
(2) The number, types and specifications of such balances shall be such as may be prescribed under the Legal Metrology (General) Rules, 201 1.
(3) Every Working Standard balance shall be verified at least once within a period of twelve months and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities prescribed under the Legal Metrology (General) Rules, 201 1, by the Reference Standard Laboratory or at any of the place where Work'ing Standards are maintained by the (U T. Administration of Daman & Diti).
8. Physical characteristics, configuration, constivctional details of Weights and Measures - Eveiy Weight or measure used or intended to be used in any transaction or for protection shall conform as regards physical characteristic, configuration, constr~~ctional details, materials, performance, tolerances and such other details, to the specifications prescribed under the Act or the Legal Metrology (General) Rules, 201 1.
9. Use of Bullion Weights, Carat Weights etc. - (1) No Weight other than a Bullion Weight as specified in General Rule,2011 shall be used in any transaction or Protection in bullion including precious metals, pearls, ornaments or other articles made of gold or silver.
(2) No weight other than a carat weight shall be used in any transaction in precious stones.
(3) Only beam scale of class A or class B category or a non automatic weighing instrument of high accuracy class (class 11) or special accuracy class (class I) shall be used in any transaction refel~ed to in sub-rules (1) and (2).
10. Use of weights only or measures only or number only in certain cases. - Except in the cases of commodities specified in Schedule I, the declaration of quantity in evely transaction, dealing or contract, or for protection shall be terms of the unit of -
(a) weight, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid ;
(b) length, if the colnmodity is sold by linear measure;
(c) area, if the colnmodity is sold by area measure;
(d) volume, if the commodity is liquid or is sold by cubic measure; or
(e) number, if the commodity is sold by number. 1 1 1) Licensing of manufacturer, repairer and dealer of Weights and Measures
(1) Eve~y manufacturer or repairer of, or dealer in, weight or measure shall make an a~~l ica t ion for the issue of a licence to the Controller leeal tnetrologyAor such other Legal Metrology Officer as may ube authorized by him in this behalf, in the appropriate form set out in Schedule 11-A. Provided that no licence to repair shall be required by a manufacturer to repair weight or measure manufactured by him and used in a U. T. of Dnmnn & Diu other than the state of manufacture of the same1 but the manufacturer has to inform in advance the concerned legal metrology officer about the repairing. Provided that a person who bonofid repairs any weight or measure owned or possessed by him shall not require a repairer licence. Provided that licence shall not be issued unless the applicant has passed technical ability test as may be specified by the Controller.
(2) Every manufacturer or repairer of, or dealer in weight or measure shall make an application for the renewal of a licence thirty days before the expity of validity of the licence to the Controller legal metrology or such other officer as may be authorized by him in this behalf, in the appropriate form set out in Schedule 11-B. Provided that no licence shall be renewed unless the holder of licence has done such a minimum manufacturing / ~zpairing work as may be specified by the Controller without any reasonable ground .
(3) Every licence issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule In.
(4) Every licence issued to a manufacturer, repairer, or dealer shall be valid for a minilnuin period of one calendar year and may be renewed for a period of one to five calendar years, by the Controller or such other officer as maybe authorized by him in this behalf on payment of necessary fee as specified in the Schedule IV.
(5) The fee payable for the alteration of a licence or for the issue of a duplicate licence shall be as specified in Schedule IV. Provided that an additional fee per year at h l l the rates specified in Schedule IV shall be payable by the applicant if he is permitted by the Controller to make an application for the renewal of a licence within a period of three months from the date of expiry of the licence. Provided that an additional fee per year at half the rates specified in Schedule IV shall be payable by the applicant within a period of thirty days before the date of expiry of the period of validity of the licence.
(6) The Controller or such other officer as may be authorized b him in this behalf shall maintain a register of licenced manufacturers, dlalen and repairers in the form set out in Schedule V.
(7) Every manufacturer / repairer / dealer licenced under the Act and these lules shall maintain such workshop / equipments / tools/registers etc. as the case may be, as per the tetlns and conditions of the licence.
(8)Every repairer licenced under the Act and these rules shall furnish a security deposit for each licence to the U.T. Administration of Daman and Diu as specified in Schedule VI.
(9) Every licence issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the Iicencee carries on business.
(10) A licence issued or renewed under this Act shall neither be salable nor transferable. ( I 1) Nothing contained in this lule shall apply to the sale by a user ( who is not a maker, manufacturer, dealer or repairer) of any weight or measure:
Provided that no sale of any weight or measure of the prescribed description shall be made except with the written permission of the Controller or the autliorized Legal Metrology Officer.
(12) No person shall be given licence to manufacture or repair unless he himself or a person employed by him- is a graduate of a recoenized University in Science ( with Physics as one of the subjects), engineering or holds a recognized diploma in engineering or IT1 in respectivetrade or equivalent course.
Provided that nothing in the sub rule 12 shall apply to the person who have been holding a valid licence before the commencement of these rules. ~~r~ DATED : lsr APRIL, 2011. 1 1 A ) Conditions of licence for Manufacturer-
(1) The person in whose favour this licence is issued shall.
(a) Comply with all the relevant provisions of the Act and Rules for the time being in force;
(b) Not encourage or countenance any infringement of the provisions of the Act or the Rules for the time being in force;
(c) Exhibit this licence in some conspicuous past of the premises to which it relates;
(d) Comply with any general or special directions that may be given by the Controller of Legal Metrology;
(e) Surrender the licence in the event of closure of business andlor cancellation of licence;
( f ) Submit the application for renewal of this licence as required under the tules.
(g) Not sell of offer, expose or possess for sale any non-standard weight or measure. 2) Every condition prescribed after the issue of this licence shall, If notified in the Official, Gazette, be binding on the persons to whom the licence has been granted." 3) The manufacturing / repairing work shall be done by qualified persons as prescribed by the rules. 4) Any change in qualified persons should be reported within one month to the licence issuing authority. t 5) Any change in the constitution of the film should be reported to the licence issuing authority within one month. 6) Nothing in the iules shall confer on the licensee any assignable or transmissible light.
Explanation 1 :- The licensee shall not be deemed to have been assigned or transmitted within the meaning of this lule in the following cases, namely
(a) where the licensee being an individual enters into a partnership with any other person for casrying on the business concerned; but in any such case the frm may use the licence, if otherwise in force only for so long as the licensee is member of the firm;
(b) where the licensee being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the licence, if othelwise in force, only for so long as any partner of the original firm at the time of issuance of the licence, continues to be partner of the reconstituted firm. - 8 - SERIES - I NO. : 04 DATED : 1" APRIL, 2011.
Explanation 2 :- For the purpose of explanation 1, "firm" has the same meaning as in the Indian Partnership Act, 1932. 1 1 B) Conditions of licence for Repaiser- 1) The person in whose favour this licence is issued shall.
(a) Comply with all the relevant provisions of the Act and Rules for the time being in force;
(b) Not encourage or countenance any infiingetnent of the provisions of the Act or the Rules for the time being in force;
(c) Exhibit this licence in some conspicuous past of the premises to which it relates;
(d) Comply with any eneral or special directions that may be given by f . the Controller of Lega Metrology;
(e) Surrender the licence in the event of closure of business andlor cancellation of licence; ( f ) Submit the application for renewal of this licence as required under the rules.
(g) Not sell of offer, expose or possess for sale any non-standard weight or measure. 2) Every condition prescribed after the issue of this licence shall, if notified in the Official, Gazette, be binding on the persons to whom the licence has been granted." 3) The manufacturing / repairing work shall be done by qualified persons as prescribed by the rules. 4) Any change in qualified persons should be reported within one month to the licence issuing authority. 5) Any change in the constitution of the fum should be repoited to the licence issuing authority within one month. 6) Nothing in the rules shall confer on the licensee any assignable or transmissible right.
Explanation 1 :- The licensee shall not be deemed to have been assigned or transmitted within the meaning of this tule in the following cases, namely
(a) where the licensee being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the finn may use the licence, if othetwise in force only for so long as the licensee is a member of the film;
(b) where the licensee being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the licence, if otherwise in force, only for so long as 1 SERIES - I NO. : 04 1 DATED : 1" APRIL, 2011. any partner of the original firm at the time of issuance of the licence, continues to be partner of the reconstituted fism.
Explanation 2 :- For the purpose of explanation 1, "fism" has the same meaning as in the Indian Partnership Act, 1932. 7) The Controller may cause a co-ordinate programme to be undertaken, at such a place and in such a manner as he may think fit for the establishment of maximum repairing charges for a weight or measure. The repairer shall abide to the ceiling of maximum repaisiig charges. 11 C) Conditions of licence for Dealer I 1 .The person in whose favour this licence is issued shall. -
(a)Comply with all the relevant provisions of the Act and Rules for the time being in force;
(b)Not encourage or countenance any infringement of the provisions of the Act, or the Rules for the time being in force;
(c)Exhibit this licence in some conspicuous part of the premises to which it relates;
(d)Comply with any general or special directions that may be given by the Controller of legal metrology;
(e)Surrender the licence in the event of closure of business and/or cancellation of Licence;
(f)Submit the application for renewal of this licence as required under the rules within ninety days of expiry of the validity of the licence.
(g)Not sell or offer, expose or possess for sale any non-standard weight or measure.
2.Every condition prescribed after the issue of this licence shall, if notified in the Official Gazette, be binding on the persons to whom the licence has been granted.
3.Any change in the constitution of the firm should be reposted to the licence issuing authority within one month.
4.Nothing in the rules shall confer on the licensee any assignable or transmissible right. Explanation 1 :- The licensee shall not be deemed to have been assigned or transmitted within the meaning of t!;ir, i-~!: i: t;; following cases, namely
(a) where the licensee being an individual enters into a partnership with any other person for carrying on the business concerned; but in any SUCI~ casc t!i~ firm may use the licence, if othenvise in force only for so long as the license? is a member of the f~m; - 1 0 - SERIES - I NO. : 04 DATED : lST APRIL, 2011.
(b) where the licensee being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the licence, if othenvise in force, only for so long as any partner of the original firm at the time of issuance of the licence, continues to be partner of the reconstituted fum.
Explanation 2 :- For the purpose of explanation 1, "firm" has the same meaning as in the Indian Partnership Act, 1932.
12. Suspension and cancellation of licence granted:
(1) The Controller or such other officer authorized by him on behalf may, if he has any reasonable cause to believe that the holder of any licence issued, renewed or continued under this Act has made any statement in, or in relation to, any application for the issue, renewal or continuance of the licence, which is incorrect or false in any material particular or has ( contravened any provision of the Act or any rule or order made there under, suspend such licence, pending the completion of any inquiry against the holder of such licence:
Provided that no such licence shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action:
Provided further that where the inquhy referred to in this sub-section is not completed within a period of three months fsom the date of suspension of a licence, such suspension shall, on the expiry of the period aforesaid, stand vacated.
(2) The Controller such other officer authorized by him on behalf may, if he is satisfied, after making such inquiry as he may think fit, that the holder of a licence has made a false or incorrect statement of the nature referred to in sub-rule (I), or has contravened any law or order referred to in that subsection, cancel such licence:
Provided that no such licence shall be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.
(3) Evely person whose licence has been suspended shall, immediately after such suspension, stop functioning as such licencee and shall not resume business as such licencee until the order of such suspension has been, or stands, vacated.
(4) Every licencee whose licence has been suspended or cancelled shall, after such suspension or cancellation, as the case may be, surrender such licence to the authority by which such licence was issued. SERIES - I No. : 04 DATED : ln APRIL, 2011.
(5) Evely licencee whose licence has been cancelled shall, within a period of thirty days from the date of such cancellation, or within such further period, not exceeding three months from such date, as the Controller or such other officer authorized by him on behalf may, on sufficient cause being shown, allow, dispose of the weights or measures which were in his possession, custody or control on the date of such cancellation and in the event of his failure to do so, the Controller or any other officer authorized by him, in writing, in this behalf, may seize and dispose of the same and distribute the proceeds thereof in such manner as may be prescribed.
13. Records to be maintained by manufacturers, etc - Every manufacturer or repairer of, or dealer in weight or measure licenced under the Act and these rules shall maintain records and registers in the appropriate form set out in Schedule VII and also submit such periodical report / returns as may be specified.
14. Periodical internal for the verification of weights or measures -as has been specified in the Legal Metrology(General)Rules, 201 1.
(1) Evely weight or measure used or intended to be used in any transaction or for protection shall be verified and stamped by the legal metrology officer in the U T. of Daman and Diu in where such weight or measure is put to use on receipt of such fee as specified in the Schedule IX and shall be reverified and stamped at periodical intervals.
(2) The period of re-verification shall be,
(i) twenty four months for all types of weights, capacity measures, length measures, beam scales, counter machine, tank lorries,
(ii) five years for storage tanks,
(iii) twelve months for weight or measure other than that mentioned in (i) & (ii) above.
(3) Notwithstanding anything contained in sub-rule (2) every weight or measure which has been verified and stamped in situ shall, if it is dismantled and re-installed before the date on wluch the verification falls due be duly re-verified and stamped on payment of the prescribed fee, before being put into use.
(4) Notwithstanding anything contained in sub-rule (1) every weight or measure which has been verified and stamped shall, if it is repaired before the date on which the verification falls due be duly re-verified and stamped on payment of the prescribed fee, before being put use. -- SERIES - I No. : 04 DATED : lST APRIL, 2011.
15. Verification and inspection of weights or measures -
(1) Every person using any weight or measure in any transaction or for protection shall present such weight or measure for verification / reverification, at the office of the Legal Metrology Officer or at such other place as the Legal Metrology Officer may specify in this behalf on or before the date on which the verification falls due:
Provided that where any weight or measure is such that it cannot, or should not be moved from its location, the person using such weight or measure shall repoit to the Legal Metrology Officer at least thirty days in advance of the date on which the verification falls due.
(2) Where any weight or measure is such that it cannot, or should not, be ( moved from it's location, Legal Metrology Officer shall take necessary steps for the verification of such weight or measure at the place of its location.
(3) For the verification of weight or measure referred to in sub-rule (2) the user shall provide such facilities as may be specified by the Controller.
(4) Every weight or measure presented for verification shall be complete in itself.
(5) Evely weight or measure shall be verified in a clean condition, and if necessaly, the Legal Metrology Officer shall require the owner or user to make necessary arrangement for the purpose.
(6) A Legal Metrology Officer may visit, as frequently as possible during the period specified in rule 14, every premise within the local limits of his jurisdiction to inspect and test any weight or measure which is being or is intended or likely to be used in any transaction or for protection.
(7) The legal metrology officer shall obliterate the stamp on any weight or measure, if it is found during inspection that:-
(a) Any weight or measure which being due for re-verification has not been submitted for such re-verification. , (b) Any weight or measure which does not conform to the Standards established by or under the Act.
Provided that where the legal metrology officer is of opinion that the defect or error in such weight or measure is not such as to require -- SERIES - I No. : 04 DATED : lg APRIL, 2011. immediate obliteration of the stamp, he shall inform the user, of the defect or euor found in the weight or measure and call upon user to remove the defect or error within such time, not exceeding eight days and shall-
(i) if user fails to remove the defect or error within that period, obliterate the stamp, or
(ii) if the defect or esror is so removed as to make the weight or measure conform to the standards established by or under the Act, verify and stamp such weight or measure.
Explanation: The obliteration of the starnp on any weight or measure shall not take, away or abridge the power of the legal metrology officer to seize such weight or measure in accordance with the Provisions of the Act. ( 16. Stamping of weights or measures - (1) The Legal Metrology Officer shall stamp every weight or measure, if after testing and verification, he is satisfied that such weight or measure confolms to the standards established by or under the Act, with a stamp of unifonn design, issued by the Controller, which shall indicate the number allotted for administrative purpose to the Legal Metrology Officer by whom it is stamped.
Provided that if by reason of the size or nature of any weight or measure it is not desirable or practicable to put a stamp thereon, the Legal Metrology Officer shall take such action as may be directed by the controller by a general or a special order in writing.
(2) The Legal Metrology Officer shall also mark the year and its qual-ter of stamping on every verified weight or measure except when the size or nature of such weight or measure makes it impracticable.
Explanation - A year shall be deemed to consist of four quarters of which first quarter shall be of the months of January, February and March which shall be marked as A; second quarter shall be of the months of April, May and June which shall be marked as B, third quarter shall be of the months of July, August and September which shall be marked as C and fourth quarter shall be of the months of October, November and December which shall be marked as D.
(3) On colnpletion of verification and stamping the Legal Metrology Officer shall issue a celtificate of verification in the form set out in Schedule V111.
(4) Where a certificate of verification is lost or destroyed, the holder of the certificate of verification shall forthwith apply to the Legal Metrology - . SERIES - I No. : 0 4 DATED : 1" APRIL, 2011. Officer who had issued the certificate, for the issue of a duplicate certificate, of verification. Every such application for the issue of a duplicate certificate shall be accompanied by a fee of rupees ten.
(5) On receipt of an application under sub-rule (4), the Legal Metrology Officer shall issue to the applicant a duplicate copy of the certificate of verification marked 'DUPLICATE'.
17. Fee for verification - (1) Fees payable for verification and stamping of weight or measure at the office or camp office of the Legal Metrology Officer shall be as specified in Schedule IX.
(2) If, at the request of the user of weight or measure, verification is done I at any premises other than the office or camp office of the Legal 1 Metrology Officer, an additional fee shall be charged at half the rate 1 specified in the Schedule 1X and the user of the weight or measure shall pay the expenses incurred by the Legal Metrology Officer for visiting the premises including the cost of transpoi.ting and handling the Working Standard and other equipment subject to a minimum of rupees one I I hundred. I ,
Provided that no additional fee shall be charged for verification and I stamping of weights and measures in situ of,-
(i) vehicle tanks for petroleum products and other liquids, Meter for Liquids Other than Water (Fuel Dispenser, Liquid Petroleum Gas, Milk Dispensers), Compressed Natural Gas Dispensers, Non-automatic Weighing Instruments like weighbridges, platform machines, crane scale, Automatic Gsavimetric Filling Instruments, Automatic Rail-weighbridge, Discontinuous Totalizing Automatic Weighing Instruments, and such I other weight or measure which cannot, and should not be tnoved from its \ I location;
(ii) Weight or measure in the premises of manufacturer or dealer of such weight or measure.
(3) If a weight or measure is presented to the Legal Metrology Officer for re-verification after expiry of the validity of the stamp, an additional fee at half the rates specified in Schedule IX shall be payable for every quarter I of the year or past thereof. \
(4) Full fee shall be payable for re-stamping any weight or measure held in stock with manufacturer or dealer within the period specified, in rule 14 fiom the date on which it was last stamped, provided that the original stamp was not obliterated -- SERIES - I NO. : 04 DATED : lST APRIL, 2011.
(5) A weight or measure which on verification/inspection is found to be incorrect shall be returned to the person concerned for adjustment informing him, in a proforma specified by the Controller, of the defects found in the weight or measure, and calling upon him to remove the defects within a period not exceeding seven days. When the necessary adjustment has been carried out, such weight or measure shall be verified on payment of the fees specified in schedule IX and if found correct shall be stamped.
18. Collection of fees and deposit into the Treasury - (1) Before commencing the work of verification or re-verification, the Legal Metrology Officer shall inform the person concerned of the fees payable by him and shall receive the same in the manner as authorized by the controller and issue a receipt on the form approved by the Controller, one copy of such receipt being kept on record.
Provided that fees payable by a department of the Central or State Government under these rules may be realized in such manner as may be directed by the Controller.
(2) The Legal Metrology Officer shall maintain a register, in the form approved by the Controller, which shall be written up from day-to-day and shall show the amount of fees and other charges collected during the day.
(3) All payment received by the Legal Metrology Officer during the week shall be paid into the Government Treasuly under the appropriate "Head of Account" on such dates or days as may be specified by the Controller from time to time, and a receipt thereof be obtained and an intimation to that effect be sent to the Controller or other officer authorized by him in this behalf.
19. Disposal of seized weights, measures; etc. -(I) any un-verified weight or measure shall be returned to the person from whom such weight or measure was seized if that person gets the same verified and stamped, within fifteen days of the return, on payment of the prescribed fee including the additional fee payable for undertaking re-verification after the expiry of the validity of the stamp.
(2) Any weight or measure or document or thing or goods seized and detained under sections 15 of the Act, which is to be the subject of proceedings in a court shall be produced by the legal metrology officer before the court shall after conclusion of the proceedings, be taken possession of by the legal metrology officer and dealt with in accordance with the orders of the court:
Provided that in the absence of the orders of the court, weight or measure or document or thing or goods shall be deal with as the controller may be special order direct and the material thereof shall be sold and the proceeds credited to the Government.
(3) If any goods, seized under sections 15 of the Act. are subject to speedy or natural decay, the legal metrology officer shall have the goods weighed or measured on a verified weighting or measuring instrument available with him or nearest the place of offense and enter the actual weight or measure of the goods in a form specified by the controller for this purposes, and shall obtain the signature of the trader or his agent or such other person who has committed the offence. The goods in question shall be returned to the trader or the purchaser as the case may be:
Provided that if the trader or his agent or the other person (who has committed the offence) refuses to sign the form, the legal metrology officer shall obtain the signature of not less than two persons present at the titne of such refusal by the trader or his agent or other person. in the case of goods returned to the traders he shall give an undertaking that he shall not sell the defective goods without rectifying the defects thereon.
(4) Where the goods seized under sub-section (1) of Section 15 of the Act are contained in a package and the package is false or does not conform to the provisions of the Act or any rules made there under and the goods In such package are subject to speedy or natural decay, the legal metrology officer so far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (3).
Provided that the controller shall be the final authority to decide whether the goods seized and detained are subject to speedy or natural < decay.
(5) Where the goods seized under sub-section (1) of Section 15 of the Act are not subject to speedy or natural decay, the legal metrology officer may retain the package for the purpose of prosecution under this Act afier giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure.
(6) The goods referred under sub-rule (4) 845) which are not to be the subject of proceedings in a court, shall after the expiry of sixty days of its seizure, be so dealt with as the Controller may by special order direct. &, SERIES - I NO. : 04 DATED : lST APRIL, 2011.
20. Validity of weights or Measures duly stamped- (1) A weight or measure which is, or is deemed to be, duly verified and stamped under this Rule shall be deemed to conform to the standards established by or under the Act at evely place within the State in which it is stamped unless it is found on inspection or verification that such weight or measure has ceased to conform to the standards established by or under the Act.
(2) No weight or measure which is, or is deemed to be, duly verified and stamped under this Act shall require to be re-stamped merely by reason of the fact that it is being used at any place within the State other than the place at which it was originally verified and stamped:
Provided that where a verified weight or measure, installed at one place is dismantled and re-installed at a different place, such weight or measure shall not be put into use unless it has been duly re-verified and stamped, notwithstanding that periodical re-verification of such weight or measure has not become due.
(3) Where a verified weight or measure has been repaired, whether by a licenced repaired or by the person owning and possessing the same, such weight or measure shall not be put into use unless it has been duly reverified and stamped, notwithstanding that periodical re-verification of such weight or measure has not become due.
21. Qualifications of Legal Metrology Officer :- (I) No person shall be appointed as Legal Metrology Officer unless he -
(a) is a graduate of a recognized university in Science (with physics as one of the subjects), technology or engineering or holds a recognized diploma in engineering with three years professional experience; and
(b) Is able to speak, read and write at least one of the regional languages of the stateN.T, viz Gujarati, Hindi
(2) Nothing in sub-rule (i) shall apply to persons who have been working as Legal Metrology officer or eligible for pro~notion as Legal Metrology officer before the commencement of these rules.
(3) The person appointed to the post of Legal Metrology Officer shall have to successfUlly complete the basic training course at the Indian Institute of Legal Metrology established by the Central Government under section 21 of the Act before he is given the duties under the Act and the Rules for new Recruitment considered for confirmation to the post. - 1 8 - SERIES - I No. : 04 DATED : 1" APRIL, 2011.
22. Provision of supply of WorkingISecondary Standards, equipment, etc. to the Legal Metrology Officer - (1) Every Legal Metrology Officer shall be provided with Working /Secondary Standards weights, WorkingISecondary Standard balances, and such other equipment includes weighing and measuring devices as may be approved by the Controller from time to time.
(2) Eve~y Legal Metrology Officer shall be provided with such dies, punches, paper seal / sticker and such other equipment as may be necessary for affixing the verification stamp, the design and number of which are to be approved by the Controller.
(3) Every Legal Metrology Officer shall be provided with punches of suitable sizes of eight-pointed star as shown below for obliterating stamps.
23. Provisions relating to use of weights measure, etc - (1) Every person using a beam scale in any transactions in his premises shall suspend the same to a stand or to a chain by a hook:
Provided that this sub-rule shall not apply to itinerant vendors.
(2) Evesy weight or measure shall be used in a clean condition and in proper lighting arrangement
(3) Any weight or measure, which has been verified and stamped in situ, shall not be dismantled and removed from its original site without prior intimation to the Controller or other person authorized by hitn in this behalf.
(4) To ensure a proper check of the accuracy of a weighing instrument the user shall keep at the site of each weighing instrument duly verified and damped weights equal to one-tenth of the capacity of the instrument or one tonne whichever is less and consumer can also check the accuracy of the weighing instrument.
Provided that the Controller may specify the total number of verified and stamped weights to be maintained in trade premises where the number of weighing instruments are more than one.
(5) To ensure proper delively of the petrol / diesel pumps, the retail dealer of the pump shall keep a verified 5 IitreIlOlitre capacity measure in his premises and check the out put from the pump every day to ensure its correct delivery. In case of any short delivery the dealer shall stop the delivesy through the pump immediately and inform the legal metrology officer concerned to recalibrate the pump. -- SERIES - I No. : 04 DATED : 1" APRIL, 2011.
24. Certificate of verification to be exhibited - The person to whom a certificate of verification is issued shall exhibit the same in a conspicuous place in the premises where the weights, measures or weighting or measuring instruments to which the certificate relates are used:
Provided that in the case of itinerant vendor, the certificate shall be kept with the person:
Provided further that in the case of vehicle tank, the certificate of verification shall be kept with the vehicle.
25. Penalty for contravention of rules - Whoever contravenes any provision of these rules, for the contravention of which no punishment has been separately provided in the Act, shall be punished with fme, which may extend to five thousand rupees. Whenever rules are in conflict with the provisions of the Act, the Act will prevail the rules.
26. Form of appeal - (1) Every appeal under the Act and these l-ules shall be preferred in the form set out in schedule X, and shall be accompanied by a copy of the order appealed against.
(2) An application for appeal to Administrator shall be accompanied by fee of ' 500 and for appeal to Controller shall be accompanied by fee of ' 200paid either by cash or by aflxing courf fee sfamp for the said value as the case may be.
27. Fee for compounding of offences- The fee for compounding of offences committed under the Act shall be as prescribed in Schedule XI.
SCHEDULE-I (See Rule 10) Exceptions referred to in Rule 10 1- The following colmt~odities may be sold by weight, measure or number as show against the commodity. TABLE Sr. No. Commodity Whether declaration to be expressed in terms of Weight, measure or number or two or more of them.
(1) (2) (3) ------------------------------?--------------------*------"------------------------------------------------- 1 - Aerosol products weight 2- Acids in liquid form weight or Volume 3- Compressed or liquefied weight and equivalent volume at stated temperature gas (but not liquefied and pressure petroleum gas 4- Butter (uicl. pcanut butter), weight cheese, curd, ghee 5- Electric cables length or weight 6- Electric wire length or weight 7- Fencing wire lcngth or weight 8- Hair oil, un perhrncd weight or volume 9- Fruits and vegetables number or weight 10- Furnace oil weight or volume 1 1- Linseed oil and other weight or volume vegetable oils 12- Heavy residual fuel oil weight 13- Industrial diesel file1 volunle 14- Honey, malt extract, golden weight syrup treacle 15- Ice cream and other similar weight or volume frozen products 16- Liquid chenlicals weight or volume 17- Liquid petroleum gas weight 18- Nails, wood screws number or weight 19- Paint (other than paste paints volume or solid paint), varnish and varnish stairs, enamels 20- Papad number and weight 21- Paste paint, solid paint weight 22- Ressogulla, Gulabjamun weight and other sweet preparations 23- Ready made garments number and size 24- Sauce, all kinds weight 25- Tyres and tubes number 26- Yarn Weigl~t or length of yarn - 2 1 - SERIES - I No. : 04 DATED : I" APRIL, 2011. SCILEDULE - 11 "A" [See ~ u l e 11 (I)] Form - 1,M - 1 [Application form for licence as manufacturer of weights & measures under the Legal Metrology Act, 20091 To, To be filled by the Comments of the Applicant inspection officer
(1) (2) (3) .......................................... 1. Name of the manufacturing concern for which licence is desired.
2. Cornplete address of the concern. Whether premises ............................................ are ow~~ed/rented/taken on leaselleave licence, duly supported by documents.
3. Date of Establishment of workshoplfactory. ....................................... .......................................... 4. Name (s) and address (s) along with their father's1 husband's name of proprietor (s) and/or Partners and Managing Director (s) in the case of Limited company .................................... 5. The date and current registration number of factory1 i ' shop1 establishment1 Municipal Trade licence.
6. Nature of manufacturing activities at present. .......................................... ......................................... 7. The type of weights and measures proposed to be manufactured viz :
(i) Weights
(ii) Measures,
(iii) Weightng Instruments
(iv) Measuring Instruments with details in each case. ........................... 8. The number of persons employedlproposed to be en~ployed (9 Skilled
(ii) Semi-skilled
(iii) Unskilled
(iv) Specialist trained in the line -- SERIES - I No. : 04 DATED : 1" APRIL, 2011. The monogram or trade mark intended to be Imprinted ....................................... on weights and measures to be manufactured. Details of machinery, tools accessories, owned and ........................................... used for manufacturing weights measures etc. Details of foundry/workshop facilities arranged. .......................................... Whether ownership, long term lease etc. ....................................... Facilities of steel casting and hardness testing of Vital parts etc or other means. Availability of electric energy ............................................ Details of loan received from Government or financial ....... Institution. If so, give details. Name of bankers, if any. ......................................... ........................................ VAT1 Sales Tax Registration Number/CST Number1 Professional Tax registration NunlberIlT Number. Have you applied previously for a manufacturer's .............................................. licence? If so, when and with what results ? ..................................... (a) Whether the item (s) proposed to be , manufactured will be sold within the State or out side the state or both.
(b) Details of Model Approval received from Government of India; 0 When can you produce for inspection samples of your products for which licence is desired ? To be certified by the applicant (s) Certified that 11We have read the Legal Metrology Act, 2009 and the Daman and Diu Legal Metrology (Enforcement) Rules, 201 1 and agree to abide by the sane and also the administrative orders and instructions issued or to be issued there under. W e agree to deposit the Scheduled licence fees with Government as soon as required to do so by the Licencing Authority. All the information furnished above is true to the best of nlylour knowledge. Place : Date : To be filled in by Departmental Officer of the Administration. Date of Receipt of Application : Serial Nutnber of application : Date of inspection : Reconlmendation of Inspecting Officer : Place : Date : Final orders of Licensing Authority Licence granted I refiised : Licence Number : Valid till : Place : Date : .... ............................ ... Signature and Desiguation Signature and Designation of Inspecting Officer Signature and Designation - . SERIES - I No. : 0 4 DATED : lST APRIL, 2011.
SCHEDULE- IIA [See rule 11 (I)] F o m LR - 1 [Application for licence as repairers of Weights & Measures under the Legal Metrology Act, 20091 To. To be filled by Comments of the the applicants inspecting officer 1 2 3
1. Name of the concern seeking the licence. ..................................
2. Co~nplete address of the workshop. ..................................
3. (a) Whether premises are ownedlrentedltaken. on ................................. lcase dully supported by documents.
(b) Date of establishment.
4. Name (s) and address (s) along with their father's1 .................................. husband's name of proprietor (s) andlor. Partners and Managing Director (s) in the case of Licnited company.
5. Number and date of shop/establishme~~t/current .................................. Municipal Trade Licence.
6. Professioual TaxIIT Tax registration Number etc if any. ..................................
7. The type of weights and measures proposed to repaired.
8. Area in which you wish to operate. ..................................
9. Previous experience in the line. ..................................
10. Number of skilled staff enlployed or proposed to be .................................. employed:
(i) Skilled
(ii) Semi-skilled
(iii) Unskilled
(iv) Employees trained in the line -- SERIES - I No. : 04 DATED : lST APfUL, 2011.
11. Details of machinery/tools/accessories available. ..................................
12. Availability of electric energy. .................................. .................................. 13. Have you suflicient stock of loanltest weights. etc.? Give details.
14. Have you applied previously for a repairer's licence? .................................. If so, When and with what results? To be certified by the applicant(s) Certified that 11We have read the Legal Metrology Act; 2009 Daman anci Diu Legal Metrology (Enforcement) Rules, 2011 and agree to abide by the same and also the administrative orders and instructions issued or to be issued there under. I IlWe agree to deposit the Scheduled licence fees with Government as soon as required to do so by the Licensing Authority. All the information furnished above is true to the best of mylour knowledge. Place : Date : To be filled in by Departmental Officer of the State Government Date of Receipt of Application : Serial Nun~ber of application : Date of inspection : Recommendation of Inspecting Officer : Place : Date : Final orders of Licensing Authority licence grantedlrefused : licence Number : Valid till : Signature and Designation Signature and Designation of Inspecting Officer Place : Date : ................................... Sigsature and Designation
SCHEDULE - LIA [See rule 11 (I)] Form LD- I [Application Form for Licence as Dealers in Weights & Measures under tlie Legal Metrology Act, 20091 To be filled by Comments of tlie the applicant inspecting officer I 1 2 3 ( I Name of the establishmentlshoplperson seeking the .................................. licence. Complete address of the establishment etc. .................................. I Date of establishrne~~t. .................................. i I Name (s) and address (s) of proprietors and l o r partners ............................ l and Managing Director (s) hi the case of Limited company. I i Number and date of Registration Number of current ................................. shopIestablish~enWMunicipal Trade licence. 1 Categories of weights and measures sold/proposcd I .................................. 1 to be sold at present. Registration Number of VATICSTlSales 'I'ax/Professional 1 .................................. i 'TadIncome Tax. I Do yon intend to import weights, etc. from places .................................. ( outside the StatelCountry ? If so indicate sources of I supply. (Give details of nianufach~rer's trade mark/ ~nonogra~n and his licence number) and provide Registration of Importer of Weights and Measures, if any a s Approval of model imported into India by Central Government. Have you applied previously for a dealer's licence, ................................. I either in this State or elsewhere ? If so give details ? SERIES - I No. : 04 DATED : lST APRIL, 2011. 'So be certified by the applicant(s) Certified that UWe have read the Legal Metrology Act, 2009 , Daman and Diu Legal Metrology (Enforcement) Ilules, 2011 and agree to abide by the same and also the administrative orders and instructions issued or to be issued there under. IlWe agree to deposit the Scheduled licence fees with Government as soon as required to do so by the Licensing Authority. All the information furnished above is true to the best of mylour knowledge. Place : Date : 'To be filled in by Departmental Officer of the Administration Date of Receipt of Application : Serial Number of application : Date of inspection : Recomnlendation of Inspecting Officer : Place : Date : Final orders of Licensing Authority licence grantedlrefused : licence Number : Valid till : Place : Date : ................................... Signature and Designation ................................... Signature and Designation of Lnspecting Officer ................................... Signature and Designation SERIES - I NO. : 04 DATED : lST APRIL, 2011.
SCHEDULE IIB [See n ~ l e 11 (2)l Form LM-2 [Application for renewal Licence as Manufacturer of Weights & Measures under the Legal Metrology Act, 20091 To be filled by Comments of the the applicants inspecting officer 2 3
1. Natnc and complete address of the ~nanufachtring ................................. concern for which renewal of licence is desired.
2. Manufacturing 1,icence No. ..................................
3. Name (s) and address (s) along with their father's1 .................................. husband's name of proprietor (s) and/or Partlws and Managing Director (s) in the case of Limited company.
4. (a) Type of weights and measures which are .................................. manufactured as per licence granted.
(b) Do you propose any change. .................................. .................................. 5. The monogram or trade marks used on weights and measures manufactured by you.
6. Details of workshop facilities available. .................................. .................................. 7. Details of productiot~ and sales in the last 5 years. .................................. 8. Number and date of shoplestablislunent Registration Number.
9. Registration Number of VATISales Tax/CST/Professional .................................. Taxllncome Tax. To be certified by the applicar~t (s) Certified that IlWe have read the Legal Metrology Act, 2009 Daman and Diu Legal Metrology (Enforcement) Rules, 2011 and agree to abide by the same and also the administrative orders and instnlctions issued or to be issued there under. ............................ VWe have deposited the Scheduled licence fees of (Rupees ...................................................... ....................................... ) to the Sub-TreasuryIBank on and the original challan is enclosed. All the information furnished above is true to the best of mylour knowledge. ................................... Place : Date : Signature and Designation SCHE?DULE IIB [See rule 11 (2)] Form LR-2 [Application for renewal Licence as repairer of Weights & Measures under the Legal Metrology Act 20091 To, To be filled by Comments of the the applicants inspecting officer 1 2 3 Name and con~plete address of the repairing concern1 .................................. person seeking renewal of the licence . Repairer's Licence Number. .................................. Name (s) and address (s) along with their father's1 .................................. husband's name of proprietor (s) andlor Partners and Mallaging Director (s) in the case of Limited company. Registration Number and date of current shop1 .................................. establishment/Muoicipal Trade Licence. Registration Number of VATISales TaxlCSTIProfessional ....................... Tax/Income 'Tax.
(a) The Type of weights and measures repaired .................................. as per licence granted.
(b) Do you propose any change. .................................. Area in which you are operating. .................................. .................................. Have you sufficient stock of loanftest weights, etc.? Please give details with particulars of stamping. .................................. To be certified by the applicant (s) Certified that 11 We have read the Legal Metrology Act, 2009 Daman and Diu Legal Metrology (Enforcement) Rules, 2011 and agree to abide by the same and also the administrative orders and instructions issued or to be issued there under. ............................ I/We have deposited the Scheduled licence fees of (Rupees ................................................... ....................................... ) to the Sub-Treasuryl Bank on and the original challan is enclosed. All the information fitrnished above is true to the best of mylour knowledge. Place : Date : ............................. Signature and Designation SERIES - I No. : 04 DATED : lST APRIL, 2011.
SCHEDULE LIB [See rulc 11 (2)] Form LD-2 [Application for renewal Licence as Dealer in Weights & Measures under the Legal Metrology Act 20091 To, To be filled by Comments of the the applicants inspectiilg officer .......................... 1. Natne of the establislment/shop/person seeking the ........ renewal of licence .
2. Dealer's Licence Number.
3. Date of establishment.
4. Name (s) and address (s) along with their father's1 .................................. husband's name of proprietor (s) and/or Partners and Managing Director (s) in the case of Limited compauy. .................................. 5. Registration Number and date of shop/establishn~entl current Municipal Trade Licence. ................................... 6 . Categories of weights and measures sold at present.
7. Registration Number of VAT1 CST/Sales TaxE'rofessional Tadlncome 'Tax.
8. Are you intending to import weights and measures etc. .................................. from places outside the U.T. of D&D ? If so, indicate sources of supply from the State
(s)/Country (s).(Give details of mauufacturer's trade mark1 monogram and his licence number.) To be certified by the applicant (s) Certified that I/We have the Legal Metrology Act, 2009 and the Daman and Diu Legal Metrology (Enforcement) Rules, 2011 and agree to abide by the same and also the administrative orders and instructions issued or to be issued there under. ............................ IlWe have deposited the Scheduled licence fees of (Rupees ...................................................... ....................................... ) to the Sub-TreasuryIBank on and the original challan is enclosed. All the information furnished above is true to the best of mylour knowledge. ................................... Place : Date : Signahlre and Designation. p E m z T q DATED : I" APRIL, 2011.
SCHEDULE I11 [See rule 1 1 (3)] Licensing Forms FORM LM-3 Adtninistration of Daman & Diu. OFFICE OF THE CONTROLLER OF LEGAL METROLOGY Licence to n~anufacture, weights, measures, weighing or measuring instnnnents. Licence No.. ........... Year .................... .............................. I- The Coi~ttoller of Legal metrology hereby grants to (Name and address of party or parties) a licence to manufacture the following:- (Include details of the weights, measures, weighting instruments or measuring itlstnrments that are licenced lo be manufactured by the party). 2- The licence is valid for the party named above in respect of his workshop located at ................ 3- This licence is valid fiom .................. to ................. 4- The manufacturer shall comply with the conditions noted below. If he fails to comply with anyone of thcse, his licence is liable to be cancelled. 5- The trade mark monogram being used by the manufacturer is as under. (Signature) Controller of legal Metrology (Seal) Date .................... Place ....................
Note: In the case of fxm, its name with the names of all names of all persons having interest in the business should be given in paragraph 1. CONDITIONS OF LICENCE
1. The person in whose favour this licence is issued shall. -
(a) Comply with all the relevant provisions of the Act and Rules for the time being in force;
(b) Not encourage or countenance any infrir~gernent of the provisions of the Act. or the Rules amended from tune to time;
(c) Exhibit this licence in some conspicuous part of the premises to whicl~ it relates;
(d) Co~nply with any general or special dircctiol~s that may be given by the Controller of legal metrology;
(e) Surrender the licence in the event of closure of business and/ or cancellation of Licence;
(f) Present the weights, measures, weighing or measuring instruments as the case may be manufactured and meant for use within the State, to the legal metrology officer for verification and stamping before sale;
(g) Subrnit the application for renewal of this licence as required under the rules within thirty days of expiry of the validity of the licence.
2. Every condition prescribed after the issue of this licence shall if notified in the Official Gazette, be binding on the persons to whom the licence has been granted. Renewal entries ( Current No.. ............... Date .......... Renewed for Controller of Lcgal Metrology .......... Current No.. ............... Date Renewed for r!3 of Legal Controller Metrology .......... ............... Current No.. Date Renewed for Controller of Legal Metrology .......... Current No.. ............... Date Renewed for m Controller of Legal Metrology .......... ............... Current No.. Date Renewed for r!!l of Legal Controller Metrology .......... ............... Current No.. Date Renewed for Controller of Legal Metrology F-7-] DATED : lST APRIL, 2011.
SCHEDULE 111 [See rule 11 (3)] Licencing Forms FORM LR-3 ADMINISTRATION OF DAMAN AND DIU. OFFICE OF THE CONTROL1,ER 01: LEGAL mTROLOGY LICENCE TO REPAIR WEIGHTS, MEASURES, WEIGHING I N S T I W N T S OR MEASURlNG INSTRUMENTS Licence No .......... Year ......... 1- 'The Controller of legal metrology hereby grants to ................................. (Name and address of Party or Parties) a licence to repair the following:- (Include details of the types of weights, measures, weighing instruments or measuring i~atruments that are licenced to be repaired by the party) 2- The licence is valid for the party named above in respect of his workshop located at ................ 3- This licence is valid finm .................... to .................... 4- The repairer shall comply with the conditions noted below. If he fails to comply with any one, his licence is liable to be cancelled. 5- The party is licenced to repair weights, measures, weighting and measuring instruments in the areas mentioned below - (Signature) Controller of Legal Metrology (Seal) Date.. ....................... Place.. ......................
Note: In the case of firm, its name with the names of all persons having any interest in the business should be given in paragraph (1). Conditions of Licence
1. The person in whose favour this licence is issued shall. -
(a) Comply with all the relevant provisions of the Act and Rules for the time being in force;
(h) Not encourage or countenance any infringement of the provisions of the Act or the Rules for the time being in force; SERIES - I No. : 04 DATED : I= APRIL, 2011. -- -
(c) Exhibit this licence in some conspicuous part of the premises to which it relates;
(d) Comply with any general or special directions that may be given by the Controller of legal metrology;
(e) Surrender the licence in the event of closure of business and/or cancellation of Licence;
( f ) (i) Present the weights, measures, weighing or measuring instruments as the case may be duly repaired lo the legal metrology officer for under taking verification and stamping as specified in rule 14(1), before delivery to the user.
(ii) In the case of weights, measures weighing or measuring instruments, if they are serviced/rcpaired before the date on which the verification falls due and where, in the process aud the verification stamp of the legal metrology oficer is defaced, removed or broken, they shall be presented duly repaired to the legal metrology officer for re-verification and stamping before delivery to the user.
(g) Submit the application for renewal of this licence as required under the rules within ninety days of expiry of the validity of the licence.
2. Every condition prescribed aAer the issue of this licence shall, if notified in the Official Gazette, be binding on the persons to whom the licence has been granted." Renewal Entries .......... Current No.. ............... Date Renewed for Controller of Legal Metrology .......... ............... Current No.. Date Renewed for Controller of Legal Metrology .......... ............... Current No.. Date Renewed for rI Controller of Legal Metrology - .......... ............... Current No.. Date Renewed for Controller of Legal Metrology 7 1 DATED : lST APRIL, 2011. Schedule 111 [See rule 11 (3)] Licencing form FORM - 1,D- 3 ADMINISTRATION OF DAMAN AND DIU. Office of the controller of legal metrology Licence to B dealer in weights, measures, weighing instruments or measuring instruments ........ Licence No. Year .............. 1- 'Ille controller of legal lnetrology hereby grants to ................................. (Name and address of party or parties) a licence to deal in the following (Indicate details of the types weights and measures, weights, or measusing instruments that are licenced to bc dealt with by party) 2- The licence is valid for the party named above in respect of lfis premises located at 3- This licencc is valid form ................ To. ................ 4- The dealer shall conlply with the conditions noted below. If he fails to comply with any one of those his licence is liable to be cancelled. (Seal) Date ................... Place.. .........,.,..... (Signature) Controller of 1,egal Metrology Note: In the case of f ~ m its name with the names of all persons having any interest in the business should be given in paragraph (1). CONDITIONS OF LICENCE
1. The person in whose favour this licence is issued shall. -
(a) Comply with all the relevant provisions of the Act and Rules for the time being in force;
(b) Not encourage or countenance any infringelnent of the provisions of the Act. or the Ilules for the time being in force;
(c) Exhibit this licence in some conspicuous part of the premises to which it relates;
(d) Colnply with any general or special directions that may be given by the Controller of legal metrology; - 36 - SERIES - I No. : 04 DATED : 1" APRIL, 2011.
(e) Surrender the licence in the event of closure of business and/or cancellation of Licence; (0 Submit the application for renewal of this licence as required under the n~les wit1u11 ninety days of expiry of the validity of the licence.
(g) Not sell or offer, expose or possess for sale any lion-standard weight or measure.
2. Every condition prescribed after the issue of this licence shall, if notified in the Official Gazette, be binding on the persons to whom the licence has been granted. Renewal Entries - Current No.. ............... Date .......... Renewed for a of Legal Controller Metrology Current No.. ............... Date .......... Renewed for E l of Legal Controller Metrology Current No.. ............... Date .......... Renewed for Controller of Legal Metrology - Current No.. ............... Date .......... Renewed for P?l of Legal Controller Metrology Current No.. ............... Date .......... Renewed for r!l of Legal Controller Metrology .......... Current No.. ............... Date Renewed for Controller of Legal Metrology ( -. SERIES - I No. : 04 APRIL, 2011.
SCHEDULE - IV [See rule.- 1 1 (4) & (5)] ADMINISlXA'rION OF DAMAN AND DIU. Office of Controller of Legal Metrology Licencing and renewal fees for manufacturers, repairers of dealers of weights and measures Issue of licence I renewal of licencc to:
(1) (i) Manufacturers ' 5001-
(ii) Repairers ' 1001-
(iii) Dealers ' 1001-
(2) Alteration of License '501-
(3) Issue of duplicate license * 101- 71 DATED : lST APRIL, 2011.
SCHEDULE-V [See rule 1 1 (6)] Administration of Daman and Diu Office of Controller of Legal Metrology Register of licenced manufacturers1 Repairers1 Dealers of weights, measures, weighing I dealers. I measuring instruments Ofice of . . . . . . . . . . . . . . . . . . . . .. I Note: Colunm (4) does not apply to dealers, column (6) does not apply to repairers and 1 I . Licence Number - 1 I 1 1 I 1 I I I Place where workshop 1factol.y is situated 4 Articles to be manufa cturedt repaire dl sold 5 Date of issue1 renewal 2 Trade m a w monog ram being used 6 Name and complete address Of the manufacture rlrepairerl dealer 3 Signature of competent authority 9 Remark 10 Orders regardi ng cancell ation of licence 7 Res d t of app eal 8 SCHEDWE VI [See rule 1 1(8)] Administration of Daman and Diu Office of Controller of Legal Metrology Security deposit to be made by licensee repairer Repairer of weights and measures including weighing and measuring instruments. C I DATED : I= APRIL, 2011,
SCHEDULE - VIX [See rule 131 Register to be maintained by the manufacturers of weights and measurers. I - Name and address of the ~nanufacturei. ................................................ 2- Description of the weight or measure ................................................. 3- (i) No. of the manufacturing licence ...................................................
(ii) Date on which the licence was issued ............................................. ............................................... (i) Period of validity of the licence .............................. 4- Particulars of order, if any, suspending or revoking the licence. of Daman 8c Diu. 7 o f l D i i V s l a item sold voucher no. and "'1 Total sold (6i-9) Dispatch voucher no, and date' Sold outside the U.T. of Datnan & Diu. Name of the state Balance (5- 1 1) No. of items sold Remarks 12 8 1 I 13 9 1 10 11 - 4 1 - SERIES - I NO. : 04 DATED : lST APRIL, 2011. Schedule - VII [See lule 131 Form LR-4 Register to be maintained by the repairer in respect of weights, Measures ................. Name and address of the repairer .................... Licence No.. .................... Date of Licensing S. No. 1 Name of the user from whom received :r- user * Items and their Nos. booked for repair Amount of repairing charges - 6 Receipt No. and date of issue to the Amount of Total amount verification fee I charged to the user l p s x r 7 DATED : lST APRIL, 2011. Schedule - VII [See n ~ l e 131 LD-4 Register to be maintained by dealer in weights and measures. 1 - Name and address of the dealer ......................................................... .................................................. 2- Description of the weight or measure 3- (i) Dealer licence No. ..................................................................... ............................................. (ii) Date on which the licence was issued ....................................................... (iii) Period of validity of licence ........................................... 4- Particulars of order, if any suspending or Revoking the licence. 5- Category of weight or measure ......................................................... (Category A or B) U.T. of Daman & Daman &Din Diu -- No. of Dispatch No. of Dispatch items voucher items voucher sold no. and sold No. and date date 7 8 9 10 Sr. No. - 1 Sold within the I Sold outside the U.T. of the state Unsold stock from the previous month 3 Month 2 sold (7+9) Total Brought from within the U.T. of Daman & Diu during the month 4 Balance Brought from outside the U.T. of Daman & Diu. during the month 5 Remarks Total (3+4+5) 6 7 1 DATED : 1" APRIL, 2011. Schedule - VIII [See rule 16 (3)] Administration of Daman and Diu- Office of the A s t t Controller, legal metrology, Certificate of verification Name of Legal Metrology Officer .................................................... ....................... No I hereby certify that I have this day verified and stamped I rejected the under nlentiorletl weights, measurers, etc. Belonging lo ........................................ Locality .................................... Total Rs. ........ deposited vide T. Receipt/ Money receipt .No. ...... dated ............. Repaired by/ Used by (Signature) Next verification due on ................. Legal Metrology Officer Note:- In the case of rejected weights, measures, etc the legal metrology officer shall give separate Certificate of rejection mentioning the reasons of rejection against each item. Quantity 1 Mea surin g ulstr ume nts 8 Verification Fee Rs, p 9 Denomination Weighing instruments Carriage, cane adjusting charges etc. 10 Weights 2 Type 7 Measores Capacity Manufacturer 3 4 5 - 6 - 44 - SERIES - I No, : 04 DATED : 1" APRIL, 2011. Schedule-IX [See Rule 14 (I)] FCC payable for verification and Stamping of Weights and Measures and Weighing and Measuring Instruments 1- (a) Bullion Weights: I I g 15.00
(h) Carat Weights: lOOg (500 c) 40g (200 c) 20g (100 c) log (50 c) 4g (20 c) 2g (10 c) lg (5 c) 400mg (2 c) 200mg (1 c) lOOrng (0.5 c) 40mg (0.02 c) 20mg (0.01 c)
20.00
20.00
20.00
20.00
20.00
20.00
20.00
20.00
20.00
20.00
20.00
20.00
(c) Cylindrical h o b type wcights:
(1) 1 (2) 500 mg. 15.00
(d) Sheet metal Weight (other than Bullion) I 200 mn. 1 5.00 Denomination - I 100 mg. 1 5.00 Fee per piece (') - 50 mg. 20 mg. P
5.00
5.00 .- SERIES - I No. : 04 DATED : lST APRIL, 2011. 10 mg. 5 mg. 2 mg. 1 tng.
5.00
5.00
5.00
5.00
(e) Iron hexagonal, knob type weights and parallelepiped weights: - Denomination
(1) 50 Kg. 20 Kg. 10 Kg. 5 Kg. 2 Kg. 1 Kg. 500 g. 200 g. Fee per piece (')
(2)
25.00
20.00
20.00
20.00
15.00
10.00
5.00
5.00 100 g. 50 g. 20g 1 Og 5g 2g 1 g
5.00
5.00
5.00
5.00
5.00
5.00
5.00 SERIES - I NO, : 04 DATED : 1" APRIL, 2011. (0 Standard weights for testing of high capacity weighing machines: Denonlinations lOOkg 200kg 500kg lOOOkg - 2000kg 50OOkg 2- Capacity Measures: additional 100 litre or part thereof subject Fee corresponding to Max permissible relative error 0.5110000 in '
75.00
150.00
300.00
750.00
1500.00
3000.00 Fee corresponding to Max permissible relative error 3.3/10000, 1.7/10000 and 1.0110000 it1 '
50.00 -
100.00
200.00
500.00
1000.00
2000.00 .- SERIES - I No. : 04 DATED : 1" APRIL, 2011.
(d) Surveying Chain - 3- Length Measures:
(a) Non-Flexible - Denomination
(1) Fee per piece (')
(2) Denomination
(1) 30 m. 20 tn. Fee per piece (Rs.)
(2)
100.00
100.00 2 m. 1 m.
0.5 m. 1 In. graduated (at every C I )
0.5 m. graduated (at evely cm)
10.00
10.00
20.00
20.00
20.00 4- Beam Scale Class A & B: Denomination
(1) 200 kg. 100 kg. 50 kg.
(b) Fabric Plastic1 WovenISteel tapes - Fee per piece (')
(2)
400.00
300.00
150.00 - Accuracy Class (1) Class-I Class-I1 Class-I11 Fee per meter in ' 1 .OO
0.50
0.50
(c) Folding Scales - Denomination
(1) 1 m.
0.5 m. Fee per piece (Rs.)
(2)
10.00
10.00 - . . - . . . - - - . -. . . SERIES - I NO. : 04 p a i i ~ . : - 1- - . A=, . - ZZ. . - . -3 . . . 20 kg. 10 kg. 5 kg. 2 kg. 1 kg. 500 g and below
150.00
150.00
100.00
100.00
100.00
60.00 5- Bearn Scales Class C& D: 1 Denomination
(1) 1000 kg. 500 kg 300 kg 200 kg 100 kg 50 kg 20 kg 10 kg 5 kg 2 kg 1 kg 500 g and below . Fee per piece (')
(2)
200.00
200.00
200.00
100.00
100.00
20.00
20.00
20.00 -
15.00
15.00
15.00
10.00 6- Non-Atdomatic Weighing Instruments - Mechanical (analogue) Class 111 & In1 : 400 t 300 t 200t 150 t 100 t 80 t 60 t 50 1 40 t -
4000.00
3000.00 .
3000.00
2000.00
2000.00
2000.00
2000.00
2000.00
2000.00 - - SERIES - I No. : 04 DATED : 1" APRIL, 2011. 3 kg 2 kg 1 kg 500 g. and below
30.00
30.00
15.00
15.00 -- -. . - . - .- i SERIES . . . - I . No. . : 04 .I DATED - . . . . : . 1" - APRIL, . . . 2011. . . . . -. 7- Non-Automatic Weighing Instruments - Electronic Class I11 & 1111 : 400 t 300 t 200t 150 t 100 t 80 t 60 t 50t 40t 30 1 25 t
4000.00
3000.00
3000.00
2000.00
2000.00
2000.00
2000.00
2000.00
2000.00
2000.00
2000.00 20 t 2000.00 I00 kg 50 kg 30 kg 25 kg 20 kg
200.00
200.00
200.00
200.00
100.00 15 kg 100.00 7 1 DATED : 1" APRIL, 2011. 8- Non Automatic Weighing instruments both mechanical and electronics class I & 11: 10 kg 5 kg 3 kg 2 kg Capacity 1 Fee (')
100.00
100.00
100.00
100.00 I Not exceed lot but exceed It 1 kg 500 g. and below Exceeding 50 t Not exceed 50t but exceed 10t I Not exceed It but exceed 50kg 1 500.00
100.00
100.00
3000.00
2000.00 I Not exceed 50kg but exceed 1Okg 1 250.00 I Not exceed 1Okg 1200.00 9- Automatic Weighing Instrument: I Capacity 1 ~ e e i n ' 1 Exceeding 100 t Not cxcceding 1OOt but exceeding 50t Not exceeding 50t but exceeding 10t Not exceeding 10t but exceeding 1t Not exceeding It but exceeding 50kg Not exceeding 50kg but exceeding lOkg Not exceeding 1Okg I I I 10- Volumetric measuring instruments:
(a) Dispensing pumps each pump Rs.lOOO.OO per unit
(b) Totalizing counter 500.00 per unit
(c) Other instruments - 53 - SERIES - I No. : 04 DATED : APRIL, 2011. [ Capacity I Fee in ' /txcc*lig 100 litre I I ' 5% for the 1st 100 liters plus ' 250 for every additional 100 liters or part thereof Not-0 litre but exceeding 50 500.00 t - Not exceed 20 litre (Itr- C - - I 11- Flow meters: Flow rate up to 100 lilrel mi;]. "2000.00 Above 100 Litre/ min upto 500 litre/ 1nh1 '3000.00 Above 500 litre /mill. '5000.00
16.
17.
18. (9
(ii) Linear Measuring Inslrumenls: Taxi, Autorishaw meters ' 100.00 Other meters '50 for tlie 1st 1000 in. or part there of Plus ' 5.00 for every additional 100 rn. or pad thereof Clinical Thermometer 0.50 per unit Water meter 25.00 per unit Peg Measure: CNG Dispensers: LPG Dispensers: Counter Machine- Up to capacity 10 Kg. Above capacity 10 Kg.
1000.00 per unit ' 1000.00 per unit - . SERIES - I No. : 04 DATED : lST APRIL, 2011. .-
SCHEDULE-X ( See Rules-19(3) of tlie Daman and Diu legal Metrology ((Enforcement) Rules201 1) WEIGHT OR MESURE OR THE GOODS SUBJECT TO SPEEDY 011 NATURAL DECAY
1. Name & address of the Manufacturer1 Packer if the goods are seized. :
2. Name and address of tlie .IvlANUFACTURER/Packer if the goods seized are in package from.
3. Nature & description of the goods seized.
4. Actual weigh or measure of the goods seized.
5. Approximate value of the goods seized.
6. Remarks Signature of the Legal Metrology officer. DECLARATION OF THE TRADER The above seized goods valued about (Rupees ) have been returned to I l ille as they are subject to speedy to or natural decay. I am responsible for the value of the goods and I undertake to abide by the instructions of the Department or Court. I I solemnly state that the facts mentioned above are true. ( SIGNATURE OF THE TRADER OR HIS AGENT. - 5 5 - SERIES - I NO. DATED : 1"
SCHEDULE -XI [See n ~ l e 26(1)] Form of appeal against an order of a Legal Metrology Officer/ Controller Legal Metrology:- 1- Name and address of the appellant 2- No. and date of order of Legal Metrology Officer1 Controller of Legal Metrology against which the appeal is preferred. 3- Whether the appellant desires to he head in person or through an a11thori7.ed representative. 4- Grounds of appeal I'lace : Date : Signattire of appellant, No. : 0 7 1 DATED : lSr APRIL, 2011. SCHCDUI,E -Xu [See rule 271 Compounciing fees for various offences Section and natureof offence S. 8(3) IJse of weight, measure or numeration other 2500.00 . . - the Standard weight, mea~ore or numeration Manufacture of weight or meaqure not 2000.00 c o n f o m n t o - Standards S. 10 Transaction or dealing or contracl in respect of 1000.00 goods etc, by weight, measure or numl~er than prescribed. .- S. 11 - Q U O ~ ~ or make announcement or issue or exhibit of price list or changing of price than in accordance with standard unit of weight or measure or nu~neration. -- - S. 12 ~emaTding or receiving any articles or thing on service in excess or less that] the quantity specified by cot~tract or agreement. S. 17 Maintenance of records, registers manufachirer, dealer or repairer and production of I- 1 weight, measure tlocument, rcgister on demand 7 I S. 24 Use of verified weight or measure -+%+ in 2000.00 wcights or measure -- service by non-standard weight { or 2S00.00 or lneasure without verification --- of commodities by nonmeasure -- i d m C a a n c c of in respect of pre-{ 36(1) 1 2500.00 packaid -- corkodity by manufach~rerl dealer 12 S. 18(1) Compliance of net quantity- requirement of t-+- - - + ? 6 ( 2 ) { 15000.00 33 34 By Order & in the name of the Administrator UT Administration of Daman & Diu.
5000.00
2500.00 Manoj Kurnar Sahoo Secretary (C.S.) -, SERIES - I NO. : 04 DATED : 1" APRIL, 2011. BIIINo. LlII-C of 2008 THE LEGAL hEROLOGY BIIA, 2fW 1 ARRANGEMENT OFCLAUSES
1. Short title, extent and commencement.
2. Definitions.
3. Provisions of this Act to override provisions of any other law
4. Units of weights and measures to be based on metric system.
5. Base unit of weights and measures.
6. Base unit of numeration.
7. Standard units of weights and measures.
8. Standard weight, measure or numeral.
9. Reference, secondary and working standard.
10. Use of weight or measure for particular purposes.
11. Prohibition of quotatioa, etc., othenvise than in terms of standard units of weight, rneasureor numeration.
12. Any custom, usage, etc., conlrary to standard weight, zneasure or numeration to be void. CHAMERIII A ~ f f l m n w r I. FOWRS OF D I R P ~ O R , CONIROJ.IXR ANU LEG= METROLOGY OFFICERS
13. Appointment of Director, legal metrology officers and other employees. 14, Appointment of Controller, legal metrology officers and other employees.
15. Power of inspection, sei7.ure, etc.
16. Forfeiture.
17. Manufacturers, etc., to maintaio records and registers.
18. Declarations on pre-packaged commodities.
19. Registration for importer of weight or measure.
20. Non-standard weights and measnres not to be imported.
21. Training in legal metrology. 22 Approval of Model.
23. Prohibition on matlufacture, repair or sale of weight or measure without licence. SERIES - I NO. : 04 DATED : lsr APRIL, 2011. V!~UECATION AM) %TAMPNG OP WEIGW OR MBASURE
24. Verification and stamping of weight or measure. CHAPTERV omm AND PWALTIEs
25. Penalty for use of non-standard weight or measure.
26. Penalty for alteration of weight and measure.
27. Penalty for marrufacture or sale of non-standard weight or measure, I
28. Penalty for making any tmnsaction, deal or contract in contravention of the prescribed standards.
29. Penalty for quoting or publishing, etc., of non-standard units.
30. Penalty for transactions in contravention of standard weight or measure.
31. Penalty for non-production of documents, etc.
32. Penalty for failure to get model approved.
33. Penalty for use of unverified weight or measure.
34. Penalty forsaleor deliveryof commodities, etc., by non-standard weight or measure.
35. Penalty for rendering services by non-standard weight, measure or number.
36. Penalty for selling, etc., of non-standard packages.
37. Penalty for contravention hy Government approved Test Centre.
38. Penalty for non-registration by importer of weight or measure.
39. Penalty for import of non-standard weight or measure.
40. Penalty for obstructingDirector, Controller or legal metrology officer.
41. Penalty for giving false information or false return.
42. Vexatious search.
43. Penalty for verification in contravention of Act and rules.
44. Penalty for counterfeiting of seals, etc.
45. Penalty for manufactureof weight aud measure without licence.
46. Penalty forrepair, sale, etc., of weight and measure without licence.
47. Penalty for tampering with licence.
48. Compounding of offences.
49. Offences by companies and power of court to publish name, place of business, etc., for compat~ies coavicted.
50. Appeals.
51. Provisions of Indian Penal Code and Code of Criminal Procedure not to apply.
52. Power of thecentral Govemnlent to make mles.
53. Power of State Government to make mles.
54. Delegation of powers.
55. Act not to apply in certain cases.
56. Existing, Director, Controller and Jxgal Metrology Officer not to be affected by the new qualification to be prescribed.
57. Repealof thestandards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. SERIES - I No. : 04 DATED : I" APRIL, 2011. - THE LEGAL METROLOGY BILL, 2009 (As PASSLD nY nn RAEA SABHA) to establislt arid enforce standards of weights arrd measures, regr4late trade and corrtrrrerce irr iveigh!~, frreasrtres and otlier goorls ivhiclr are sold or distribrrted by weigh!, rrreasrtre or rtrirrtber arrd for rrratters corrrrected tlterewitl~ or irtciderttal ilrereto, BE it enacted by Parliamelit in the Sixtieth Yearof theRepublic of Indiaas follows:-
1. (1)This Act rnay be called theLegal Metrology Act, 2009.
(2) It extends to the whole of India. Shon title, extent and comn~encernent.
(3) Itshall come into forceon such dateas thecentral Govcnirnentmay, by notification in theofficial Gazette, appoint and differentdates may be appointed for different provisions of thus Act.
2. In this Act, unless the context othenviserequires,- Definitions.
(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 otlienvise, the business of buying, selliai supplying or distributing any such weightor measure, whether forcasli orfordeferred payment or for commission, remuneration or otlier valuable consideration, and includes a conin~ission agent, an - 60 - SERIES - I NO. : 04 DATED : 1" APRIL, 2011. importer, a manufacturer, who sells, supplies, distributes or othenvise delivers any weight or measure manufactured by him to any person other tbaii a dealer;
(c) 'Director" means the Director of Legal Metrology appointed untler section 13; (4 "export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India; I
(e) "import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India; (0 "label" means any written, marked, stamped, printedorgraphic matter affixed to, or appearing upon any prepackaged 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 nlandatory 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:
(11) "legal metrology officer" means Additional Director, Additional Controller, Joint Director, Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector appointed ur~der sections 13 and 14;
(1) "manufacturer" in relation to any weight or measure, means a person who - (13 manufactures weight or measure,
(it) manufachlres one or more parts, and acquires other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,
(iii) does not manufacture any part of such weight or measure but assembles parts thereof manufactured by others and claims the eud product ta be a weight or measure manufactured by himself or itself, as the case may be,
(iv) puts, or causes to be put, his own mark on any complete weight or measure made or tnanufactured by any other persol) and claims such product to be a weight or measure inade or manufactured by himself or itself, as the case may be, O "notification" means a notification published in the Official Gazette;
(k) "protection" means the utilisation of reading obtained from any weight or measure, for the pulpose of determining any step whicli is required to be. taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively; (0 "pre-packagedcommodity" 111eans acommodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product cootained therein has a predetermined quantity;
(in) "person" includes,- (I) a Hindu undivided family,
(ii) every department or office, (iir) every organisation established or constituted by Government,
(iv) every local authority within the territory of India,
(v) a company, firm and association of individuals, (vi ) trust constituted u~lder an Act, SERIES - I No. : 04 DATED : lS APRIL, 2011.
(vii) every co-operative society, constituted under an Act,
(viii) every other society registered under the Societies Registration Act, 1860,
(11) "premises" includes- ( i ) a place where any business, indushy, production or transytion is carried on by a person, whether by himself or through an agent, by whatever ~~amecalled, including the person who carries on the business in suchpremises,
(it) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited, (iir) a place where any books of account or other documents pertaining to any trade or transaction are kept,
(iv) a dwelling house, if any part thereof is used for the purposeof canying on any business, industry, production or trade,
(v) a vehicleor vessel or any other ~nob'ie device, with the help of which any transaction or business is carried on;
(0) "prescribed" means prescribed by rules made under this Act; fp) "repairer" means a person who repairs a weight or measure and includes a person who adjusts, cleaos, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measureconfornls to the standards established by or under this Act;
(q) "StateGovemrnent", in relation to a Union territory, means the Administrator thereof;
(r) "sale", with its grammatical variations and cognateexpressions, 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 valuableconsideration and includes a transfer of any weight, measure or other goods on the hirepurchase system or any other system of payment by in~talments, 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 deviceor 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 ( i ~ indicating that any mark which was previously made thereoncertifying that such weight or measure conforms to the standards specified by or under this Act, ha , been obliterated;
(ti) "transaction" means,- ( I ) any contract, whether for sale, purchase, exchange or any other purpose, or
(ii) any assessment of royalty, toll, duty or other dues, or
(iii) the assessment of my work done, wages due or services rendered; t"-I DATED : 1" APRIL, 2011. Provisions of this Act to ovaride provisions of any other law. Ilnits of :hls and measures to be hased on metric system. Base unit of weights and measures.
(v) "verification", with its grammatical variations and cognate expressions, includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure confornls to the standards established by or under this Act and also includes re-verification and calibration;
(w) "weight or measure" means a weight or measure specified by or under this Act and includes a weighing or measuring instrument. I
3. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act. C H m I1 STANDARD tWIOIfI'S AND MEASURES
4.Eve1-y unit of weight or measureshall be in accordance with themetric system based on the international system of units.
5. (1) The base unit of - (0 length shall be the netre;
(ii) maw shall be the kilogram; (iir) time shall be the second;
(iv) electric current shall be the ampere;
(11) thermodynamic temperature shall be the kelvin; (vi> ln~ninous intensity shall be the candela; and
(vil) amount of substance shall be the mole.
(2) The specifications of the base units mentioned in sub-section (I), derived units and other u ~ ~ i t s shall he such as may be prescribed. ~ a s c unit of 6. (1) The base unit of numeration shall be the unit of the international form of Indian numeration. numerals,
(2) Every numeration shall be ~nade in accordance with the decimal system.
(3) The decimal multiples and sub-e~ultiples of the numerals shall be of such denominations and be written in such manner as may be prescribed. Standard units 7. (1) The base units of weights and measures specified in section 5 shall be the Of weigh1s and standard units of weights and measures. measures.
(2) The base unit of numeration specified in section 6 shall he the standard unit of nomeration.
(3) For the purpose of deriving the value of base, derived and other units mentioned in section 5, thecentral Government shall prepareor cause to be preparedobjects or equipments in such lnatlner as may be prescribed.
(4) The physical characteristics, configuration, constri~ctional details, materials, equipments, performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be prescribed, Standard 8. (1) Any weight or measure which conforms to the standard unit of such weight or weight, measure and also conforms to such of the provisions of section 7 as are applicable to it shall measure or numeral. be the standard weight or measure. k-1 DATED : I= APRIL, 2011.
(2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral.
(3) No weight, nieasureor numeral, other than thestandard weight, measureor numeral, shall be used as a standard weight, measure or numeral.
(4) No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8: I
Provided that provisions of this section shall not apply for manufacture done exclusively for export or for the purpose of any scientific investigation or research.
9. (1) The reference standards, secondary standards and working standards of weights and measures shall be such as may be prescribed.
(2) Every reference standard, secondary standard and working standard shall be verified and stamped in such manner and after payment of such fee as may be prescribed.
(3) Every reference standard, secondary standard and working standard which is not verified and stamped in accordance with the provisions of sub-section (2) shall not be deemed to be a valid standard. 10, 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. 11, (I) No person shall, in relation to any goods, things or service,-
(a) quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or other document, or
(c) prepare or publish any advertisement, poster or othcr document, or (4 indicate the net quantity of a prepackaged commodity, or
(e) express in relation to any transaction or protection, any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure or numeration.
(2) The provisions of sub-section (I) shall not be applicable for export of any goods, things or service.
12. Any custom, usage, practiceor 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 contractor othcr agm,ment in relation to the said article, thing or service, shall be void.
13. (1) The Central Governnlent may, by notification, appointa Director of legal metrology,Additional Director, Joint Director, Deputy Director, Assistant Director and other employees for exercising the powers and discharging theduties conferredor imposed on then1 by o r underthisAct in relation to inter-State trade and C o m m e m
(2) The qualifications of the Director and legal tnetrology officers appointed under sub-section (1) shall be such as may be prescribed.
(3) The Director and every legal metrology officer, appointed under suh-section (0, shall exercise such powers and dischargesuch functions in respect of such local limits as the Central Government may, by notification, specify.
(4) Every legal metrology officer appointed under sub-section ( I ) shall exercise powers anddischargeduties under the general superintendence, direction and control of theDirectot Refemnee, secondary and working standard. Use of weight or measure for panicular purposes. Prohibition o f quotation, etc., orhenvise than in terms o f standard units o f weight, measure or numeration. Any cu8tom, usage, etc., contrary to standard weight, measure or numeration to be void. Appointnient o f Direcfor, legal metrology ofliccr and other employees. Appointment of Controller, legal metrology officers and other employees. Power of inspection. seizure, etc.
(5) TheDirector, the Controller and every legal metrology officer authorised to perfosm 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 af 1860.
(6) No suit, prosecution or other legal proceeding shall lie against the Director, U I ~ Controller and legal metrology officer authorised to perfosm any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act pr any rule or order made thereunder.
(7)TheCentral Government may, with theconsent of theStateGovernment and subject to such conditions, limitations and restrictions as it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal metrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fit to any legal metrology officer and where any suchdelegation ofpowers is made by such Controller, the person to whom such powers are delegated shall exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation.
(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.
14. (1) The State Government may, by notification, appoint a Controller of legal metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, I ~ p e c t o r and other employees for the State for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to intra State trade and commerce.
(2) The qualifications of the Controller and legal metrology officers appointed under sub-section (1) shall be such as may be prescribed.
(3)TheController and every legal metrology officer, appointed under sub-section ( l ) , shall exercisesuch powers and dischargesuch functions in respect of such local limits as the State Government may, by notification, specify.
(4) Evely legal metrology officer appointed under sub-section (I) shall exercise and discharge the duties under the general superintendence, direction and control of the Controller.
15. (1) The Director, Controller or any legal metrology officer n ~ a ~ , ' i f he has any reason to believe, whether fromany information given to him by any person and taken down in writing or from personal knowledge or otherwise, that any weight or measure or other goods in relation to which any trade and commerce has taken place or is intended to take place and in respect of which au offence punishable under this Act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in thecourse of tratlsportation,-
(0) enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto;
(b) seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable under this Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce.
(2) The Director, Controller or any legal metrology officer may also require the productionof every document or other record relating to the weightor measure referred to in sub-section (I) and the person having the custody of such weight or measure shall comply with such requi~ition. - - SERIES - I No. :. 04 DATED : lST APRIL, 2011.
(3) Where any goods seized under sub-section (I) are subject to speedy or natural decay, theDirector, Controller or legal metrology officer may disposeof such goods in such nlanner as may be prescribed.
(4) Every search or seizure made under this section shall be cariedout in accordance of 1974. with the provisions of tlie Codeof Criminal P r d u r e , 1973, relating to searches and seizures.
16. (1) Every non-standard or unverified weight or measure, and every package w d e Forfeiture. in contraventionof section 18, used in thecourseof, or in relation to, any tradeand commerce and seized under section 15, shall be liable to be forfeited to the State Government;
Provided that such unverified weight or measure shall not be forfeited to the State Government if the person from whom such weight or measure was seized gets the same verified and stamped within such time as may be prescribed.
(2) Every weight, measure or other goods seized under section 15 but not forfeited under sub-section (I), shall be disposed of by such authority and in such manner as may be prescribed. / 17. (1) Every manufacturer, repairer or dealerof weight or measureshall maintain such Manufacrecords and registers as may be prescribed. Nrcrs, etc., to maintain
(2) The records and registers maintained under sub-section (1) shall be produced at records and the time of inspection to the persons authorised for the said purpose under sub-section (1) registen. of section 15.
18. (1) No person shall nlanufacture, pack, sell, import, distribute, deliver, offer, expose Declarnlions or possess for sale any pre-packaged commodity unless such package is in such standard O n Prcpackaged quantities or number and bears thereon such declarations and particulars in such manner as commodities, may be prescribed.
(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 lnay be prescribed.
19. No person sball import any weight or measure unless he is registered with the Rcgislration Director in such manner and on payment of such fees, as may be prescribed. for importer of weight or measurc.
20. No weight or measure, whether singly or as a part or component of any machine Non-standard shall be imported unless it conforms to the standards of weight or measure established by or weigh's and under this Act. measures not to bc imported.
21. ( I ) For imparting training in Legal Metrology and other allied branches of ,hainins in knowledge the "Indian Institute of Legal Metrology" (hereinafter referred to as the 1.egal "Institute") established under the pmvisionsof the Standards of Weights and Measures Metrology. rs GO of 1976 Act, 1976,shall bedeemed to have been established under thecorrespondingprovisioruj of this Act.
(2) The rnanagen~ent and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a pellion shall possess in order Lo be eligible for admission thereto shall be such as may be prescribed.
22. Every person, beforet~lanufacturing or importing any weigl~tor measuresl~all seek Approval of theapproval of modelof such weight or measure in such manner, on payment of such fee and from such authority a? may be prescribed:
Provided that such approval of model may not be required in respect of any cast iron, brass, bullion, or carat weight or any beam scale, length measures (not being measurit~g tapes) which are ordinarily used in retail trade for measuring textiles or timber, capacity measures, not exceeding twenty litre in capacity, which are ordinarily used in retail trade for tl~easuring kerosene, milk or potable liquors: SERIES - I No. : 04 DATED .. : 1" APRIL, 2011.
Provided further that the prescribed authority may, if he is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards established by or under this Act, approve such model without any test or after such test as he may deem fit. Prohi bition 23. (1) No person shall manufacture, repair or sell, or offer, expose or wssess for reoair on or sale, any weight or measure unless he holds a licence issued by (he ~onkoller under sub- manufacture, repair of sale section (2): I of weight or Provided that no licence to repair shall be required by a manufacturer for repair of his measure wirhour own weight or measure in a State other than the State of manufacture of the same. licence. (2) For the purposeof sub-section (I), the Controller shall issuea licence in such form and manner, onsuchconditions, for such period and such areaofjurisdiction andon payment . . of such fee as lnay be prescribed. Verification 24. (1) Every person having ally weight or measure in his possession, custody or and stamping control incircumstances indicating that such weight or measure is being, or is intended or is of weight or measure. likely to be, used by him in any transaction or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as theController may, by general or special order, specify in this behalf, on payment of such fees as may be prescribed.
(2) The Central Government may prescribe the kinds of weights and measures for which the verification is to be done through the Government approved Test Centre.
(3)TheGovenunent approved Test Centre shall benotified by thecentral Government or the State Government, as the case may be, in such nianner, on such terms and conditions and on payment of such fee as may be prescribed.
(4) The Government approved Test Centre shall appoint or engage persons having such qualifications andexperience 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.
CHAPTER v Penalty for use of nonstandard weight or measure. Penalty for alteration of weight and measure. Penalty for manufacture or sale of nonslandanl weight or measure.
25. Whoever uses or keeps for useany weight or measureor makes useof any numeration otherwise than UI 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 imprisonment fora term which may extend to six months and also with fine.
26. Whoever tampers with, or alters in any way, any reference standard, secondary standard or working standard or increases or decreases or alters any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby, except where such alteration is made for the correction of any error noticed therein on verification, shall be punished with fine which may extend to fifty thousand rupees and for the second and subsequent offence with imprisonment for a term which shall not be less than six months but which may extend to one year or with fine or with both.
27. Every person who inanufactures 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
(b) which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight, measure or numeration specified by or under this Act, -. I No. : 04 DATED : 1" APRIL, 2011. except where he is permitted to do so under this Act, shall be punished with afine which may extend to twe~lty thousand rupees and for the second or subsequent offence with imprison~nent for a tern1 which may extend to three years or with fine or with both.
28. Whoever makes any transaction, deal or contract in contravention of the standards penalty for of weights and measures specified under section 10 shall be punlshed with fine which may making any extend to ten thousand rupees and for the second or subsequent offence, with imprisonmen; t"ns8ction~ for a term which may extend to one year, or with fine, or with both. deal or contract in conlravsntion of thc prescribed standards.
29. Whoever violates section 11 shall be punished with tine which may extend to ten penalty for thousand rupees and, for the second or subsequent offence, with imprisonment for a term quoting or which may extend to one year, or with fine, or with both. publishing, etc.. of non-standard units.
30. Whoever- Penalty for transactions in (a) in selling any article or thing by weight, measure or number, delivers or contr,,cntion causes to be delivered to the purchaser any quantity or number of that article or thing of standard less than the quantity or number contracted for or paid for; or weight or measure.
(b) in rendering any service by weight, measure or number, renders that service less than the service contracted for or paid for; or
(c) iu buying any article or thing by weight, measure or number, fraudulently receives, or causes to be received any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or (4 in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for or paid for, shall be punished with fine which may extend to ten thousand nlpecs, and, for the second or subsequentoffence, with imprisonmentfor a term which may extend to one year, or with fine, or with both.
31. Whoever, being required by or under this Act or the rules made thereunder to Penalty for submit returns, maintain any record or register, or being required by the Director or the nonprcduction of Controller or any legal tnetrology officer to produce before him for inspection any weight or measureor any document, register or other record relating thereto, omits or fails without any ,,,. reasonable excuse, so to do, 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 one year and also with fine.
32. Whoever fails or omits to submit model of any weight or measure for approval, Pcealty for shall,be punished with fine which may extend to twenty thousand rupees and for the second to get modcl or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.
33. Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified Pcnelty for use weight or measure shall be punished with fine which shall not be less than two thousand U"erificd weight or rupees but 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 and also with fine.
34. Whoeversells, orcausestobesold, delivers, or caus esto bedelivered, any commodity, Penalty for article or thing by any means other than the standard weight or measure or nutllber, shall be sale or delivery of punished withfinewhich shallnotbeless than two thousandrupecs butwhichmayextend to five thousand rupees and, for the second or subsequent offence, with imprisonment for a term which etc,, by non. shall not beless than threemonths butwhich may extend to one year, or with fine, or with both. standard weight or measure. Penalty for 35, Whoever renders or causes to be rendered, any service through means other than rendering theweight or measure or numeration or in t e r n of any weight, measure or number other than Services by the standard weight or measure, shall be punished with fine which shaU not be less than two non-standard weight, thousand rupees but which may extend to five thousand rupees and for the secorld or measure or subsequent offence, with imprisonment for a term which shall not be less than three months number. but which may extend to one year, or with fine, or with both. Penalty for 36. (1) Whoever~nanufactures, packs, imports, sells, distributes, delivers orothenvise self^, eft . of transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any prepackaged commodity which does packages. not confonn to the declarations on the package as provided in this Act, shall be punished with fine which rnay 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 beless than fifty thousand rupees but which may extend to onelakh rupees or with imprisonment for a tern1 which may extend to one year or with both.
(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 wit11 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. Penalty for 37. (1) Where any Government approved Test Centrecontravenes any of the provisions colltraven- of this Act or the rules made thereunder, or the conditions of the licence, it shall be punished tlon by Government with fine which may extend to one lakh rupees. approved Test (2) Where any owner or employee of a GovernmentApproved Test Centre pexfonning Cenlre. duties in accordance with the provisions of this Act or the rules n~ade thereunder, wilfully verifies or stamps any weight or measure in contravention of the provisions of this Act or the rules made thereunder, he shall, for every such contravention, be punishable with imprisonment fora term which may extend to one year or with fine which may extent to ten thousand rupees or with both. Penalty for 38. Whoever imports any weight or measure without being registered under this Act nonregistration by shaU be punished with fine which may extend to twenty-five thousand rupees and for the importer of second orsubsequentoffence, with imprisonment fora tenn which may extend to six months, might or or with fine, or with both. sasure Pcnaity for 39. Whoever imports any non-standard weight or measure shall be punished with impofi of non- fine, which may extend to fifty thousand rupees and for the second or subsequent offence, standard wcight or measure. with iinprisonment for a term which may extend to one year and also with fine. Penalty for 40. Whoever obstructs the Director, the Controller or any legal metrology officer with ObstNcting intent to prevent or deter the Director or the Controller or any legal metrology officer from Director, Controller or exercising his powers or discharging his functions, or in consequence of anything done or legal attempted to be done by the Director or the Controller or any legal mehology officer in the lawful exercise of his powers or discharge of his functions as such, or whoever obstructs the off~cer. . entry of the Director or the Controller or any legal metrology officer into any premises for inspection and verification of any weight or measure or any document or record relating thereto or the net contents of ally packaged commodity or for any other purpose shall be punished with imprisonment for a tenn which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years. Penalty for 41. (1) Whoever gives any information to the Director, the Controller or any legal glvlng false metrology officer, which he may require or ask for in the course of his duty, and which such Or person either knows or has reason to believe to be false, shall be punished with fine which false return. 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.
(2)Whoever, being required by or under this Act so to do, submits areturn or maintains any record or registerwhich is false in material particulars, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a tenn which nlay extend to one year and also wit11 fine. SERIES - I No. : 04 DATED : 1" APRIL, 2011.
42. TheDirector, thecontroller or any legal mettology officer, exercising powers under Vexatious this Act or any n ~ l e made thereunder, who knows that thereare no reasonable grounds for so Search. doing, and yet-
(a) search?, or causes to be searched, any house, conveyance or place; or
(b) searcbes any person; or
(c) seizes any weight, measure or other movable property; i shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees or with both.
43. Where the Controller or any legal metrology officer exercising powers un&r this penalty for Act or any n ~ l e made thereunder, wilfully verifies or stamps any weight or measure, in verification in contravention of the provisions of this Act or of any rule made thereunder, he shall, forevery cO"raventiOn of Act and such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand nipees or with both.
44. (1) Whoever- Penalty for counterfeiting (17 counterfeits any seal specified by or under this Act or the rules made of seats, etc, thereunder, or ( i i ) sells or otherwise disposes of any counterfeit seal, or (iif) possesses any counterfeit seal, or (it!) counterfeits or removes or tampers with any stamp, specified by or under this Act or rules made thereunder, or ( v ) affixes the stamp so removed on, or inserts the same into, any other weight or measure, 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. Explut~uliot~.-Iu this sub-section, "counterfeit" shall have the meaning assigned to 45 of 1860. it in section 28 of the Indian Penal Code.
(2) Whoever obtains, by unlawful means, any seal specified by or under this Act or the rules made thereunder and uses, or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seal is authorised by or under this Act or the rules made thereunder shall be punished with imprisonmentfor a term which shall notbe less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a tenn which shall not be less than six months but which may extend to five years.
(3) Whoever, being in lawful possession of a seal specified by or under this Act or the rules made thereunder, uses, or causes to be used, such seal without any lawful authority for such use, 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 whichshall not be less than six months butwhich may extend to five years.
(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 he punished with imprisonment for a term which shall not be less than six months hut which may extend to one year and for the second or subsequent offence, with i~nprisonment for a tern1 which shall not be less than six months but which may extend to five years.
45. Whoever, being required to obtain a licence under this Act or the rules made Penalty for thereunder, manufactures, without being in possession of a valid licence, any weight or n~anufacture of weight and 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 si,hout year, or with fine, or with both. licence. Penalty for 46. Whoever, being required to obtain a licence under this Act or the rules made repair, sate, thereunder repairs or sells or offers, exposes or possesses for repair or sale, any weight or etc.. of weight and measure measure, without being in poswsioo of a valid licence, shall be punished with fine which without may extend to five thousand rupees and for the second or subsequent offence, with licence. in~prisonment for a tern1 which may extend to one year, or with fine, or with both. Penalty for 47. Whoever alters or otherwise tampers, with any licence issued or renewed under I with this Act or rules made thereunder, otherwise than in accordance with any authorisation made licence. by the Controller in this behalf, shall be punished with fine which may extend to twenty thousand rupees, orwith imprisontnent for a term which may extend to one year or with both. Compounding 48. (1) Any offence pu~iishable under section 25, sections 27 to 39, sections 45 to 47, Of Offences. or any rule made under sub-section (3) of section52 may, either beforeor after the institution of the prosecution, becotnpounded, on payment for credit to the Government of such sum as may be prescribed.
(2) TheDirectoror legal metrology officer as may bespecially authorised by him in this behalf, may compound offences punishable under section 25, sections 27 to 39. or anv rule made under sub-section (3) of section 52.
(3)Tlle Controller or legal metrology officcr specially authorised by him, may compound offcfeaces punishable under section 25, seclions 27 to 31, sections 33 to 37, seclions 45 to 47, and any rule made under sub-section (3) of section 52:
Provided that such sumshall not, in any case, exceed the maximumamoi~ntof the fine, which may be imposed under this Act for the offence so compounded.
(4) Nothing in sub-section (I) shall apply to person who commits the sameor similar offence, within a periodof three years from thedate on which thefrrst offence, committed by him, was compounded. Explo~~o~iorr.--For the purposes of this sub-section, any second or subsequent offence committed after theexpiry of a period of three years from the date on which theoffence was previously companded, shall be deemed to be a first offence.
(5) Where an offence has been compounded under sub-section ( I ) , no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded.
(6) No offence under this A& shall becompoundedexcept as provided by this section. Offences by companies and power of court to publish name, place of business, etc., for companies convicted.
49. (1) Where an offence under this Act has been committed by a company,-
(a) ( i ) the person, if any, who has been nonunated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereinafter in this section referred to as a person responsible); or
(ii) where no person has been nominated, every person who at the time the offence was committed was in chargeof, and was responsible to, the company for the conduct of the business of the company; and
(b) the compatly, shall be deemed to be guilty of the offence and shall he liable to be proceeded against aud punished accordingly:
Provided that ~~otbing contained in this sub-section shall render any such person liable to ally punishment provided in this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.
(2) Any company may, by order in writing, authorise any of its directors to exercise all such powers and take all such steps as may be necessary or expedient to prevent the comnission by the company of any offence under this Act and may give notice to the Director or the concerned Controller or any legal metrology officer authorised in this behalf . - SERIES - I No. : 04 DATED : 1" APRIL, 2011. by such Controller (hereinafter in this section referred to as the authorised officer) in such form and in such manner as may be prescribed, that it has qominated such director as the person responsible, along with the written consent of such director for being so nominated. Exp1nnaliotr.-Wherea company has different establishments or branches or different units in any establishn~ent or branch, different persons may be nominated under this subsection in relation to different establishments or branches or units and the person nominaa in relation to any establishment, branch or unit shall be deemed to be the person raponsidle in respect of such establishment, branch or unit.
(3) The person nominated under sub-section (2) shall, until- (0 further notice cancelling such nomination is received from the company by the Director or the concerned Controller or the au thor id officer; or
(ir) he ceases to be a director of the company; or (iir) he makes a request in writing to the Director or the concerned Controller or the legal metrology officer under intimation to thecompany, to cancel thenomination, which request shall becomplied with by theDirector or theconcerned Controller or the legal metrology officer, whichever is the earliest, continue to be the person responsible:
Provided that where such person ceases to be a director of the company, he shall intimate the fact of such cessation to theDirector or the concerned Controller or the authorised oftim:
Provided further that where such person makes a request under clause (ii0 the Director or the concerned Controller or the authorised officer shall not cancel such nomination with effect from a date earlier than the date on which the request is made.
(4) Notwithstanding anything contained in the foregoing sub-sections, where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to the neglect on the part of, any director, manager, secretary or other officer, not being a person nominated under sub-section (2), such director, manager, secretary or other officer shall also bedeemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. i (5) Where any company is convicted under this Act for contravention of any of the provisions thereof, it slmU be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspaper or in such other manner as the court may direct.
(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.
(7) The expenses of any publication under sub-section (5) shall be recoverable from the company as if it were a fine imposed by the court. Explai~atioi~.-For the purposes of this secti011,-
(a) "company" means any body corporate and includes a firm or other association of individuals; and
(b) "directof', in relation to a firm, means a partner in the f!rm but excludes nominated directors, honorary directors, Government nominated d'irectors.
50. ( 1 ) Subject to the provisions of sub-section (2), an appeal shall lie,- Appeals.
(a) from every decision or order under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any ~ l e made under sub-section (3) of section 52 by the legal metrology officer appointed under section 13, to theDirector, - 7 2 - SERIES - I No. : 04 DATED : 1" APRIL, 2011. Provisions of Indian Penal Code and Code of Criminal Procedure not to apply. Power of #he Central Government to makc Rules.
(b) from every decision or order made by the Director of Legal Metrology under sections IS to20, section22, section 25, sections 27 to 39, section41 or any rule made under sub-section (3) of section 52, to the Central Government or any officer specially authorised in this behalf by that Government;
(c) fromevery decision given by the Controller of Legal Metrology under delegated powers of Director Legal Metrology to the Central Government:
(6) from every decision given or order made under sections 15 to 18, sections 23 to 25, sections 27 to 37, sections 45 to47 or any rulemade under sub-section (3) of section52 by any legal metrology officer appointed under section 14, to theController; aud
(e) from every decision given or order made by the Controller under sections 15 to 18, sectio~ls 23 to25, sections 27 to 37, sections45 to 47 or any rule made under subsection (3) of section 52 not being an order made in appeal under clause (4, to the StateGovemment or any officer specially authorisedin this behalf by thatGovernment,
(2) Every such appeal shall be preferred within sixty days fronl the date on which the impugned order was made:
Provided that the appellate authority may, if it is satisfied that the appellatlt was prevented by sufficient causefrompreferring the appeal within the said period of sixty days, permit tlw appellant to prefer the appeal within a further period of sixty days.
(3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal, a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the decision or order appealed against or may send back the case with such direction as it may think fit for a fresh decision or order after taking additional evidence, if necessary.
(4) Every appeal shall be preferred on payment of such fees, as may be prescribed.
(5) The Central Govemment or the State Govenunent, as the case may be, may on its own 111otion or otherwise, call for and examine the record of any proceeding including a proceeding in appeal in which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such orders thereon as it may think fit:
Provided that no decision or order shall be varied under this subsection so as to prejudicially affect any person unless such person has been given a reasonable opportunity of showing cause against the proposed action. t
51. The provisions of the Indian Penal Code and section 153 of the Code of Criminal 45 of 1860. Procedure, 1973 in so far as such provisions relate to offences with regard to weight or measure, shall not apply to any offence which is punishable under this Act.
52. (1) The Central Government may, by notification, make rules for carryiug out the provisions of this Act.
(2) In particular, and without prejudicc to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-
(0) the specification of the base units of measures and base unit of mass under sub-section (2) of section 5 ;
(b) the manner of preparation of objects and equipinenis under sub-section (3) of section 7; -(c) physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests under sub-section (4) of section 7;
(6) reference standards, secondary standards and working stalidards of weights and measures under sub-section ( I ) of section 9: . - SERIES - I NO. : 04 DATED : 1% APRIL, 2011.
(e) reference standards, secondary standards and working standards shall be verified and stamped and the fee under sub-section (2) of section 9; V) the weight or measureor number in which any transaction, dealing, or contract in respect of any goods, class of goods or undertakings shall be made under section 10;
(g) the qualifications of the Director and legal metrology officers under subsection (2) of section 13; I (It) the qualification of the Controller and legal metrology officers under suhsection (2) of section 14; (I) the manner of disposal of goods under sub-section (3) of section 15; (ll thestandardquantities or number and the manner in which the packages shall bear the declarations and the particulars under sub-section ( I ) of section 18;
(k) the manner and registration and the fee under section 19; (0 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 under sub-section (2) of section 21;
(nr) the manner, fee and authority for approval of models under section 22;
(11) the kinds of weights or measures under sub-section (2) of section 24:
(0) the lnanner in which, terms and conditions on which and fee on paymeut which the Central Government shall notify the Government approved Test Centre under sub-section (3) of section 24; @) the qualifications and experience of persons appointed or engaged and the fee and tcnns and conditions on which Governn~ent approved Test Centre sl~all verify the weight or measnre under sub-section (4) of section 24:
(q) the error in net quantity under sub-section (2) of section 36; ( I ) fee for compounding of offence under sub-section ( I ) of section 48;
(s) fonnand manner in which notice to theDirector or thecontroller or any other officer autliorised by him shall be given under sub-section (2) of section 49.
(3) In making any rule under this'section, the Central Government may provide that a breach thereof shall be punishable with fme which may extend to five thousand rupees.
(4) Every rule made by thecentral Government under this Act shall be laid, as soon as may be after it is nude, 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 tlie session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the ruleor both Houses agree tbat the rule should not be made, the rule shall thereafter have effect only in sqch niodified fonn or be of no effect, as the case may be; so, however, that any such niodification or annulment shall be. without prejudice to the validity of anything previously done under that rule,
53. (1) The State Government may, by notification, and after consultation with the Power o f Central Government, make rules to cany out the provisions of this Act. State Government
(2) In particular and witl~out prejudice to the generality of the foregoing power, such ,, ,kc ,t,,, rules niay provide for all or any of the following matters, namely:-
(a) tlie time within which the weight or measure may be got verified under provsio to sub-section ( I ) of section 16;
(b) registers and records to be maintained by persons referred to under subsection (1) of section 17;
(c) the fonn, manner, conditions, period, areaof jurisdiction and f ees for issuance of licence under sub-section (2) of section 23: Delegation of P .,ers. Act not to apply in ceriain cases. xisting Director, Controller and legal metrology officer not to be affectcd by the new qualificahn to be prescribed. Repeal of the' Standards of Weights and Measures Act, 1976 and SIandards of Weights and Measures (Enforcement) Act, 1985. (9 fee for verification aud stamping of any weight or measure under sub-section
(1) of section 24,
(e) manner of notifying Government Approved Test Centre, terms and conditions and fee to be paid under sub-section (3) of section 24;
(1) fee for compounding of offences under sub-section (1) of section 48.
(3) In making any rule under this section, the State Government may providy that a breach thereof shall be punishable with fine which may extend to five thousand rupees.
(4) The power to make rules under this section shpll be subject to the condition ofthe n ~ l e s being madeafter previous publication in Official Gazette,
(5) Every rule made under this section shall, as soon as may be after it is made, be laid before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House,
54. (1) The Central Government may, in consultation with the State Government and by notification, direct that any power exercisable by itunder this Act or any rule made there under, not being a power conferred by section 50 relating to appeal or section 52 relating to power to make rules, in relation to such matters and subject to such conditions as nny be specified, may be exercised also by such officer subordinate to it as may be specified in the notification.
(2) Subject to any general 01. special direction or condition imposed by the State Government, any person authorised by thecentral Govenlmeot to exercise any powers may exercise those powers in the same manner and to the same extent as if they had been conferred on that person directly by this Act and not by way of delegation.
55. The provisions of this Act, in so far as they relate to verification and stamping of weights and measures, shall not apply to any weight or measure,-
(a) used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, for the useof the Armed Forces of the Union;
(b) used for scientific investigation or for research;
(c) manufacturedexclusively for export.
56. (1) Every Director, CQntroller and legal metrology officer appointed immediately before the commencement of the ~ l e s made under this Act, shall be deemed to have been appointed under sub-section (I) of sections 13 and 14, notwithstanding any rule prescribing differentqualifieations.
(2) The rules made by a State Government under the Standards of Weights and Measures (Enforcement) Act, 1985 which are in force immediately before thecommencelnent 54 of 1985. of this Act shall remain in force until the State Govemnlent, makes rules in that behalf.
57. (1) The Standards of Weights and Measures Act, 1976 and the Standards of 60 of 1976. Weights and Measures (Enforcement) Act, 1985, is hereby repealed. 54 of 1985.
(2) Without prejudice to the provisions contained in the General Clauses Act, 1897, 10 of 1897. with respect to repeals, any notification, rule or order made under the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) 60 of 1976. Act, 1985, shall, if in force, at thecornmencement of thisAc1, continue tobein forceand have 54 of 1985. effect as if it.was made under the corresponding provision of this Act.
(3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions of this Act. , ., DATED : lST APRIL, 2011. RAJYA SABHA to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or diiwibuted by weight, measure or number and for matters connected therewith or incidental thereto. (As passed by the Rajya Subha) [Govemmenf Printing Press, Daman. 041'2011 - 285.1 [Price Rs. 20.001