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..... any space is left to exercise the rights available to the petitioners under the provisions of different enactments such as legal metrology act, 2009, trade marks act, 1999, and also as per section 5(2) of cotpa.114. Offences by companies and power of court to publish name, place of business, etc., for companies convicted. Full text containing the act, The Legal Metrology Act, 2009, with all the sections, schedules, short title, enactment date, and footnotes. 7. Your email address will not be published. Certificate of Registration of Industry. 4. 5. 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. The Legal Metrology Act, 2009. 1(E), dated 31st December, 2010, see Gazette of India, Extraordinary, Part II, Sec. The following Act of Parliament received the assent of the President on the 13 th January, 2010, and is hereby published for general information:—. Creating global standards for use in legal metrology legislation is the role of the OIML . In making any Rule under this section, the State Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees. Short title. Every Application shall be submitted to the respective Inspectorate Offices in a prescribed form (Form LM-1) with the following attested documents etc. Valid Trading Licence in case of Non-tribal. Section 48 deals with the compounding of offences punishable under section-25, 27, to 39, section 45 to 47 or any rule made either before or after the inciation of prosecution on payment of compounding fees as per legal metrology provisions and upon credit of such fees to the account of government. 27 to 39, Secs. 6. Compounding of offences.. 1. petitioner received a memorandum dated 01/01/2013 from respondent no.1 thereby rejecting the contentions of the petitioner and holding the petitioner liable for the offences under section 18(1) and 31 of the legal metrology act, 2009 ('the act', for short) and rule 6(1)(d) of the rules. Legal Metrology is responsible for the implementation of the requirements of the Trade Metrology Act, 1973 and Regulations. 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 year and also with fine. Shall be punished with fine which shall not be less than two thousand 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. The Law on Legal Metrology is renamed from the Standards of Weights and Measurement Act. as the case may be, as per the terms and conditions of the licence. Interpretation. Every manufacturer or repairer of, or dealer in weight or measure shall make an application for the renewal of a licence within thirty days  before the expiry of validity of the licence to the Controller Legal Metrology or such other officer as may be authorised by him in this behalf, in the appropriate form set out in Schedule II-B. The section 36(1) reads as follows: “ Penalty for selling, etc., of non-standard packages. This act replaced the Standards of Weights and Measures Act, 1976 and the … Shall be punished with fine which may extend to twenty thousand rupees and for the second and subsequent offence with imprisonment for a term which  may extend to three years or with fine or with both. Users can get information about the Act, its objectives, extent, short title and commencement. LEGAL METROLOGY ACT, 2009 AND LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011 GUIDELINES TO SMALL SCALE PAINT INDUSTRIES TO COMPLY WITH THE PROVISIONS OF THE LEGAL METROLOGY ACT, 2009 AND LEGAL METROLOGY (PACKAGED COMMODITIES) RULES 2011. Legal Metrology Act, 2009 (Few Section in brief) 2 (f) "pre-packaged commodity" means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity; 12. Applications for Importers of weights & measures and Weighing & Measuring instrument under section 19 of the Legal Metrology Act, 2009. Any offence punishable under section 25, sections 27 to 39, sections 45 to 47, or any rule made under sub-section (3) of section 52 may, either before or after the institution of the prosecution, be compounded, on payment for credit to the Government of such sum as may be prescribed. Compounding of offences.. 1. 48. Section - 2. Language Undefined . 48 Compounding of offences. The Legal Metrology Act, 2009. Rule 14 of the Rules stipulates as follows: “14. LEGAL METROLOGY ACT, 2009, Other Topics. 13. This Legal Metrology Act has been promulgated by Parliament of India in the year 2010.An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto.This statute has 5 Chapters and 57 Sections. 5. Shall 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. The Appellate Authority-Deputy Controller of Legal Metrology could not not have held that all the Directors of the Chittewan 6 922.wp 2444-14 petitioner-company were liable to pay the compounding fees, as the provisions of Sections 48 and 49 of the Legal Metrology Act, 2009 are distinct and separate. S 20. No person shall manufacture, repair or sell or offer, expose or possess for repair or sale, any weight or measure unless he holds a valid licence issued by the Controller under sub-section (2) Provided that no licence to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the State of manufacture of the same. S. 8(4)   Manufacture of weight or measure not conforming to Standards. All Rights Reserved. 4. 48. Section 49 of the LM Act provides that a director may be nominated in respect of a Company who will be held responsible when the Company commits an offence under the Act. Notice of assizing. Rule 21 (2) of Meghalaya Legal Metrology (Enforcement) Rules, 2011. Any offence happened after the spam of three years shall be treated as first offence. S.15 Obstructing Director, Controller or Legal Metrology Officer. 1. Shall be punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both. Legal Metrology is the application of legal requirements to measurements and measuring instruments. 11. Legal Metrology Act. Certificate of suitability. 2. the same remedy is not available for the person or the … Shall be liable to be proceeded against and punished accordingly and the power of court to publish name, place of business, etc for companies convicted. Rule 21 (1) of Meghalaya Legal Metrology (Enforcement) Rules 2011. Legal Metrology Act, 2009 was enacted with the objectives to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. S.37 Contravention by Government approved Test Centre. In order to submit a comment to this post, please write this code along with your comment: e57e9cab7c79d8e2811d55f06c1e8f75. In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees. Shall be punished with fine 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, or with fine, or with both. S 19. 1 OF 2010. Constitution in case of proprietorship / partnership firm. Objectives of the Act. 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. ए. Controller of Legal Metrology, Meghalaya, Shillong Phone No. S 53(1) Provision of any Rule made under the Act: 53(3) In making any Rule under this section, the State Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees. Sale or delivery of commodities, etc, by non-standard weight or measure. Licences for Manufacturer, Repairer and Dealer of Weights & Measures Items–, Extract from Section 23 of Legal Metrology Act 2009. S. 10   Transaction or dealing or contract in respect of goods etc , by weight , measure or number than prescribed. S.35 Rendering services by non-standard weight, measure or number. Shall be punished with a 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. 9. Shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both. Rule 23 The Legal Metrology Act, 2009. Legal Metrology National Standards Rules, 2011, Legal Metrology Approval of Models Rules 2011, Legal Metrology Packaged Commodities Rules, 2011, Corrigendum to Packaged Commodities Third Amendment Rules 2011, Packaged Commodities Second Amendment Rules 2012, Packaged Commodities Amendment Rules 2012, Packaged Commodities Amendment Rules 2013, Packaged Commodities Amendment Rules 2014, Packaged Commodities Amendment Rules 2015. Non using of weights and measures in clean condition or without proper lighting arrangement. Section 48 of the Act provides that some offenses may be compounded either before or after the institution of a prosecution on payment of a prescribed sum. NRCS has regional Legal Metrology offices in Pretoria, Cape Town, Durban, Port Elizabeth, and Bloemfontein. Every licence issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the licencee carries on business. 5. - 1. S.18(2) Whoever manufactures or pack or import or causes to be manufactured or packed or imported any pre packed commodity with error in net quantity. : 1. 1st March, 2011, vide notification No. Information about sections and provisions of the Act … 7th March 2011 . 1 OF 2010. Legal Metrology (Approval of Models) Rules, 2011 (14.8mb) Legal Metrology (Numeration) Rules, 2011 (5.4mb) Legal Metrology (Packaged Commodities) Rules, 2011 (36.3mb) The Indian Institute of Legal Metrology Rules, 2011 (5.2mb) Legal Metrology Act, 2009 (12mb) Standards of Weights and Measures and Enforcement Act, 1976 Suspension and cancellation of licence granted–. The legal community has been discussing whether section 36(1) of the Legal Metrology Act, 2009 provides for penal action for mis-declaration/false declaration or non-declaration or both. Whoever obstructs the Director, the Controller or any legal metrology officer with intent to prevent or deter the Director or the Controller or any legal metrology officer from exercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or the Controller or any legal metrology officer in the lawful exercise of his powers or discharge of his functions as such, or whoever obstructs the entry of the Director or the … Every 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. (vii) amount of substance shall be the mole. Shall 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. LM Packaged Commodities Amendment Rules 2017, Corrigendum to Packaged Commodities Rules 2017, Legal Metrology National Standards Amendment Rules 2019. 25, Secs. 2. By virtue of the powers conferred under Section 53 of the Legal Metrology Act, 2009 (Central Act 1 of 2010), the Kerala Government framed rules called the Kerala Legal Metrology (Enforcement) Rules, 2012 (hereinafter, referred to as the “Rules”). (2) The specification of the base units mentioned in sub-section (1), derived units and other units shall be such as may be prescribed. Definitions.-In this Act, unless the context otherwise requires,-a. Every repairer licenced under the Act and under these Rules shall furnish a security deposit for each licence to the State Government as specified in Schedule VI. Rule 21(4) of Meghalaya Legal Metrology (Enforcement) Rules, 2011 – Non keeping of duly verified test weight at the site of weighing instrument. Web Information Manager, Shri. 1. The Law on Legal Metrology is renamed from the Standards of Weights and Measurement Act. Employee Copies of Appointment Letters with photographs, Qualification and Experience Certificate, if any; 8. 5. Legal Metrology Act, 2009 (Few Section in brief) 2 (f) "pre-packaged commodity" means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity; 12. The Legal Metrology Act, 2009 and the Legal Metrology (Packaged Commodities) Rules, 2011 (Rules) prescribe the mandatory technical and legal requirements relating to standards of weights and measures for goods which are sold or distributed in India. Shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both. Non-registration by importer of weight or measure. (iv) electric current shall be the ampere; (v) thermodynamic temperature shall be the Kelvin; (vi) luminous intensity shall be the candela; and. The new law seeks to repeal the over three-decade-old cumbersome Standards of Weights & Measures Act, 1976. Every application for Renewal of Manufacturer Licences shall be submitted in a prescribed form (Form LM – 2) with the following attested documents. REGISTRATION UNDER PACKAGED … The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section … Certificates of Importers. S. 17 Maintenance of records, registers by manufacturer, dealer or repairer and production of weight, measure document, register on demand. साइट को राष्ट्रीय सूचना विज्ञान केंद्र द्वारा डिजाइन और विकसित किया गया है । THE LEGAL METROLOGY ACT, 2009. Professional Tax Registration Certificate. A licence issued or renewed under this Act shall not be sale able nor transferable. Compounding of offences. legal metrology (packaged commodities) rules,2011. Get details about the Legal Metrology Act, 2009. 15. 6. S. 52(1) Provision of any rule made under the Act. 1st July 1990 ARRANGEMENT OF SECTIONS Section 1. Shall be punished with fine, which may extend to fifty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. Shall be punished with imprisonment for a term which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years. S. 12 Demanding or receiving any articles or thing on service in excess or less than the quantity specified by contract or agreement. Offences and Penalties under Legal Metrology Act, 2009 and the Rules made thereunder:-. Yes, under sec.23 of Legal Metrology Act, 2009. no person shall make, manufacturer, repair, sell any weight or measure unless he holds a valid licence. Section 48 in The Legal Metrology Act, 2009. Section 48 of the Act provides that some offenses may be compounded either before or after the institution of a prosecution on payment of a prescribed sum. Statement of units of weight, measure or number.-. Join our newsletter to stay updated on Taxation and Corporate Law. Shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both. Legal Metrology Act, 2009 was enacted with the objectives to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. This division came into force after The Legal Metrology Act of 2009 was notified on 31 … Where the consumer can complain in case he finds any violation of Legal Metrology Act & Rules? 3. Legal metrology” means that part of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the objects of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements. Non Suspension of Beam Scale in trade premises. Penalties under Weights and Measures Laws. 6. the same remedy is not available for the person or the institution which will commit the same offence within the period of three years after compounding of first offence, if any similar offence will be found within the period of three years than it is treated as second offence and the same will be compounded as per prescribed provision for second or subsequent offence. 1. THE LEGAL METROLOGY ACT, 2009 ACT NO. Application for Nomination of the Director by the Company under Sub- Section (2) of the Legal Metrology Act, 2009 S.18(1) Selling, etc., of non-standard packages. (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 commission 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 by such Controller (hereinafter in this section referred to as the … Text Search: 57 Record(s) | Page [1 of 6] Section - 1. The Legal Metrology Act, 2009. The list of documents will be changed according to category of registration. For a more formal presentation of legal metrology please refer to OIML D 1:2012 Considerations for a law on metrology. Registration required Also available at Rate this; Comment; Related Links. The list of documents will be changed according to category of registration. The Legal Metrology Act, 2009. Attachment File: Download The file (315.78 KB) Act No. Legal Metrology Act, 2009 & Legal Metrology (Packaged Commodities) Rules, 2011 (Ammended upto November 2012) Indian Small Scale Paint Association 104, Shubham Center No. Rule 21(3) of Meghalaya Legal Metrology (Enforcement) Rules, 2011. Shall be punished with fine of two thousand rupees. S 43 verification in contravention of Act and Rules. (3) of Sec. 4. legal metrology act, 2009. An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. For examples of measurements in our daily lives, click here to view the VSL (Netherlands) video "Metrology in … The Legal Metrology Act, 2009. 10. 30. Short title, extent and commencement. S 53(1) Provision of any Rule made under the Act. Introduction. The Law namely the Legal Metrology Act, 2009 broadly deals with disclosure of net quantity of packaged commodity. The Legal Metrology Act, 2009 (Page 1) — Laws in India — Bare Acts in India - statutes and laws free download — Bare acts and Case laws in India have been extensively discussed here, the laws pass by the parliament and its implementation in the courts are commonly discussed here in length Required fields are marked *, Notice: It seems you have Javascript disabled in your Browser. - 1. 4. 45 to 47, or any rule made under sub-sec. Definitions. Stamp of assize. 3. 7. The Legal Metrology Act, 2009, enacted on January 13, 2010, which is to be notified shortly along with rules, will not only affect the trade practices related to weights and measures but will also be relevant for the central excise law. Standard units of weight, length and capacity. 2. The salient feature of the Act is as follows: (I) every unit of weight or measure shall be in accordance with the metric system based of the international system of units. Trademark, Monogram registration Certificate from Competent Authority. Shall be punished with a fine which 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. Shall be punished with fine of four thousand rupees. 3. S. 11 Quote 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 numeration. 2. 2. Non-exhibition of verification certificate in a conspicuous place in the premises where weights, measures, weighing and measuring instruments to which the Certificate relates are used. Every licence issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule III. 19. The penal provisions are related to violations of The Jammu and Kashmir Standards of Weights & Measures (Enforcement) (Amendment) Act 2011 and Legal Metrology Act, 2009 and the rules made there under. Shall be punished with fine, which may extend to five thousand rupees. 7. Document proof of Ownership / Lease Agreement of Premises. 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 commission 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 by such Controller (hereinafter in this section referred to as the … S 41. 1.1 विधिक मापविज्ञान (डिब्बा बंद वस्तु) नियम, 2011 . NOTIFICATION . 2. For the purpose of sub-section (1), the Controller shall issue a licence in such form and manner, on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be prescribed. Of The Legal Metrology Act, 2009ffhe Legal Metrology (P.C) Rules, 201 ltThe Delhi Legal Metrology (Enforcement) Rules, 2011 by submitting their consent/reply in writing. Non-keeping of duly verified 5 litre/10 litre capacity measures by Petrol/Diesel  Retail Outlet. Import of non-standard weight or measure. (1) The units of weight or measure or number shall be specified in accordance with the units specified in sub-rule (2) or sub-rule (3), as the case may be. 49. legal metrology act, 2009 1.1 विधिक मापविज्ञान (डिब्बा बंद वस्तु) नियम, 2011 LEGAL METROLOGY (PACKAGED COMMODITIES) RULES,2011 Ministry of Consumer Affairs, Food and Public Distribution. 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, or with fine, or with both. डिस्कलेमर : इस वेबसाइट पर उपलब्ध सभी केंद्रीय अधिनियमों को अद्यतन करना और अपलोड करना विधायी विभाग, विधि और न्याय मंत्रालय का कार्य है ।, अंतर्वस्तु, मंत्रालय, विभाग, भारत सरकार द्वारा उपलब्ध कराई गई है । Every licence issued to a manufacturer, repairer, or dealer shall be valid for a minimum period of one calendar year and may be renewed for a period of one to five years, by the Controller or such other Officer as may be authorised by him in this behalf on payment of per year fees as specified in the Schedule IV. Can get information about the Act … Contact Us 1973 and Regulations made thereunder: - quantity! Services by non-standard weight, measure or number 14 ; b specified by contract or.! रोड, नई दिल्ली – 110003, भारत ।, Andheri ( E ), Mumbai - 099! 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