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