LEGAL METROLOGY ACT, 2009

Preamble .

New Page 58

(No.1 of 2010)

[13th January, 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.

Legal Commentary on the Preamble of the Legal Metrology Act, 2009

Introduction

The preamble of the Legal Metrology Act, 2009, underscores its primary purpose: to establish and enforce standards of weights and measures, regulate trade and commerce involving weights, measures, and other goods, and ensure consumer protection, accuracy, and fairness in transactions. It aims to create a framework for uniformity, transparency, and accountability in measurements across India.

What does the Preamble Say

The preamble states that the Act is enacted to establish standards of weights and measures, regulate trade, and protect consumers by ensuring correctness, fairness, and transparency in transactions involving weights and measures. It emphasizes the importance of public safety, consumer rights, and fair trade practices.

Essential Ingredients

Establishment of standards: To set uniform norms for weights and measures.
Enforcement: To ensure compliance through inspections, verification, and penalties.
Regulation of trade: To prevent adulteration, counterfeiting, and unfair trade practices.
Consumer protection: To safeguard consumers from false declarations, overcharging, and substandard products.
Legal framework: To provide a statutory basis for measurement standards and related regulations.

Scope of the Preamble

The scope includes:- Covering all weights, measures, and measuring instruments used in trade, commerce, and industry.- Regulating packaging, labeling, and declaration requirements.- Establishing authorities and procedures for verification, stamping, and calibration.- Addressing offences, penalties, and adjudication processes.- Extending to the entire territory of India, ensuring uniformity nationwide.

Punishment for Violations

Though the preamble itself does not specify penalties, the Act prescribes penalties such as:- Imprisonment for up to two years, or- Fines extending up to one lakh rupees, or- Both, for contraventions like manufacturing, sale, or use of non-standard weights/measures, tampering, or fraudulent practices.- Penalties for obstructing officers or for violations of standards and declarations.

Legal Comments (from sources with references)

Purpose and Objectives - The preamble clearly indicates the Act’s aim to enforce standards, regulate trade, and protect consumers, aligning with the broader objectives of fair trade and public safety [Source: "Legal Metrology Act, 2009 - Preamble"].
Enforcement Mechanism - The Act empowers authorities to conduct inspections, verification, and impose penalties to ensure compliance with measurement standards, as reinforced by Sections 13, 15, and 18 [Source: "Section 15 of the Act"].
Scope of Application - The Act’s provisions extend to all goods sold or distributed by weight, measure, or number, including packaged commodities, as clarified in the preamble and Sections 2 and 18 [Source: "Section 2 of the Act"].
Consumer Protection - The emphasis on accurate declaration, prevention of unfair trade practices, and penal provisions aim to protect consumers from exploitation, as elucidated in Rules 6, 11, and 18 [Source: "Rules 6(1), 11(2), 18 of the Packaged Commodities Rules"].
Vicarious Liability and Prosecution - The Act stipulates that company officers or responsible persons can be prosecuted if the offence is committed in the course of business, provided they are duly nominated as responsible persons under Section 49 [Source: "Section 49 of the Act"].
Natural Justice and Procedure - Several judgments highlight the necessity of following principles of natural justice, proper application of mind before initiating proceedings, and adherence to statutory procedures, as seen in the quashing of proceedings for procedural lapses [Source: "Section 482 Cr.P.C cases"].
Limitations and Limitation Periods - Proceedings initiated after prescribed limitation periods are liable to be quashed, emphasizing the importance of timely action [Source: "Limitation in Criminal Proceedings"].
Offences and Penalties - Violations such as selling non-standard packages, false declarations, or tampering are punishable with fines and imprisonment, as detailed in Sections 36, 45, and 49 [Source: "Penalties under Sections 36, 45 of the Act"].
Natural Justice and Fair Trial - Courts have quashed proceedings where natural justice principles were violated, such as lack of proper investigation, absence of specific allegations, or violation of procedural safeguards [Source: "Natural Justice in Legal Metrology Cases"].
Legal Hierarchy and Supremacy - The Act’s provisions override general criminal laws like the IPC in measurement-related offences, as confirmed by Supreme Court judgments [Source: "Supreme Court Judgment in State of Uttar Pradesh vs. Aman Mittal"].
Offence Specificity - Proper classification of offences, declaration requirements, and the necessity of clear, specific allegations are emphasized to prevent misuse of process [Source: "Vague Complaints and Quashing"].
Offences in International Context - The Act does not extend to goods sold outside Indian territory, such as duty-free shops beyond customs frontiers, as clarified in relevant judgments [Source: "Duty-Free Shops and Legal Metrology"].
Natural Justice in Inspection and Seizure - Inspection procedures must follow due process, including issuance of seizure notices, recording reasons, and following statutory protocols, as emphasized in judgments quashing illegal searches [Source: "Search and Seizure under the Act"].
Penalties for Obstruction - Obstructing officers or resisting lawful inspections can attract penalties, including fines and imprisonment, as per Sections 45 and 46 [Source: "Penalties for Obstruction"].
Liability of Directors and Officers - Nomination of responsible persons under Section 49 is crucial; without proper nomination, prosecution of directors or officers may be invalid [Source: "Section 49 of the Act"].
Prosecution and Natural Justice - Courts have quashed proceedings where the complaint lacked specific allegations or was filed prematurely, highlighting the importance of due process [Source: "Premature Proceedings"].
Role of Natural Justice - The principles of audi alteram partem and nemo judex in causa sua are integral, and violations lead to quashing of proceedings [Source: "Principles of Natural Justice"].
Penalties for Non-compliance - Non-compliance with declaration, labelling, or measurement standards attracts penalties, including fines, as specified in the Act and Rules [Source: "Penalties for Violations"].

Summary Bullet Points

"Purpose" - The preamble establishes the goal of standardization, regulation, and consumer protection [Source: "Preamble"].
"Scope" - Encompasses all goods measured, packaged, and sold in India, including imported and domestic goods [Source: "Section 2"].
"Enforcement" - Empowers authorities to inspect, verify, seize, and penalize violations [Source: "Section 15, 18"].
"Consumer Protection" - Ensures truthful declarations, prevents unfair trade, and safeguards consumer rights [Source: "Rules 6, 11, 18"].
"Vicarious Liability" - Company officers can be prosecuted if responsible persons are duly nominated [Source: "Section 49"].
"Procedural Safeguards" - Natural justice principles require fair investigation, proper notices, and specific allegations [Source: "Judicial Cases"].
"Limitations" - Proceedings beyond statutory time limits are liable for quashing [Source: "Limitation"].
"Penalties" - Violations attract fines up to Rs. 1 lakh and imprisonment, depending on the offence [Source: "Sections 36, 45"].
"Legal Hierarchy" - The Act overrides general criminal laws like IPC for measurement offences [Source: "Supreme Court"].
"International Operations" - The Act does not apply to goods sold outside Indian territory, such as duty-free shops [Source: "Judgments on Duty-Free Shops"].
"Search & Seizure" - Strict adherence to procedures, including warrants and reasons, is mandated [Source: "Search & Seizure Cases"].
"Offence Specificity" - Clear, specific allegations are necessary for valid prosecution [Source: "Vague Complaint"].
"Liability of Directors" - Nomination of responsible persons is essential for vicarious liability [Source: "Section 49"].
"Procedural Validity" - Proceedings initiated without proper investigation or beyond time are invalid [Source: "Premature Proceedings"].
"Natural Justice" - Fair hearing and proper procedures are mandatory; violations lead to quashing [Source: "Legal Cases"].
"Obstruction" - Obstructing officers during inspection is punishable [Source: "Penalties for Obstruction"].
"Consumer Declarations" - Clear labelling and declaration are mandatory to prevent deception [Source: "Rules 6, 11, 18"].

Conclusion

The preamble of the Legal Metrology Act, 2009, encapsulates the core objectives of establishing measurement standards, ensuring fair trade, and safeguarding consumer rights. The detailed provisions, judicial interpretations, and enforcement mechanisms collectively aim to create a transparent, fair, and uniform regime for weights and measures across India, with strict penalties for violations and procedural safeguards rooted in principles of natural justice.

Note: This commentary synthesizes the essence of the preamble with legal insights derived from the provided sources, emphasizing critical legal principles, procedural safeguards, and penalties relevant to the Act's objectives.

S.1 Short title, extent and commencement

(l) This Act may be called the Legal Metrology Act, 2009.

(2) It extends to the whole of India.

(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.

S.2 Definitions

In this Act, unless the context otherwise requires,-

(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 otherwise, the business of buying, selling, supplying or distributing such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration; and includes a com

Concise Legal Commentary on Section 2 of the Legal Metrology Act, 2009

Introduction

Section 2 of the Legal Metrology Act, 2009, provides essential definitions that underpin the entire legislative framework, clarifying key terms used throughout the Act. It is fundamental for interpreting the scope, applicability, and enforcement provisions of the Act, which aims to regulate weights, measures, and packaging standards in trade and commerce.

What does Section 2 Say

Section 2 enumerates definitions of critical terms such as "label," "pre-packaged commodity," "verification," "weight or measure," "Controller," and others. These definitions establish the meaning and scope of terms used in the Act, ensuring clarity and uniformity in legal interpretation.

Essential Ingredients

Clear definitions of terms used in the Act.
Inclusion of terms related to packaging, weighing, measuring, and enforcement.
Establishment of the scope of terms like "label," "pre-packaged commodity," and "verification."
Clarification of roles such as "Controller" and "Legal Metrology Officer."
Definitions are to be read in conjunction with the provisions of the Act and Rules.

Scope of Section 2

Provides the foundation for interpreting all provisions of the Act.
Defines key concepts that determine the applicability of the Act to various trade practices.
Clarifies the scope of regulation concerning packaging, labeling, verification, and inspection.
Extends to all weights, measures, and packaged commodities in India.
Influences the framing of rules, enforcement actions, penalties, and liabilities.

Punishment for Section

While Section 2 itself does not prescribe penalties, improper or misleading use of terms defined therein can lead to violations punishable under the Act.
Penalties include fines, imprisonment, or both, as specified in other sections (e.g., Sections 16, 33, 36).
Violations related to mislabeling, non-verification, or non-compliance with standards may attract penalties, including fines up to fifty thousand rupees or imprisonment.

Legal Comments

"Definition of 'Label'" - Clarifies that any price stamped on a product constitutes a 'Label' as per the Act, ensuring compliance with labeling requirements. Packages with rubber stamps indicating retail price are deemed compliant [Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. ].
"Pre-packaged commodity" - Encompasses products packed without the purchaser present, with a predetermined quantity, crucial for regulating packaging standards and mandatory declarations [Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. , Manappuram Finance Ltd. VS Govt. of A. P. , Dept. of Legal Metrology, Rep. by Controller of Legal Metrology].
"Verification" - Includes checking, testing, or adjusting weights and measures to ensure conformity to standards, forming the basis for enforcement actions and penalties .
"Weight or measure" - Broadly covers any specified weight, measure, or instrument used in trade, underlining the scope of the Act’s regulation .
"Controller" and "Legal Metrology Officer" - These roles are defined to delineate authority and responsibilities in enforcement, inspection, and certification processes .
"Scope of definitions" - The comprehensive nature of definitions ensures that all aspects of trade involving weights and measures are covered, preventing loopholes and ensuring consumer protection .
"Application to packaging and labeling" - The definitions directly influence the framing of rules related to declarations, labels, and packaging standards, impacting manufacturers, packers, and sellers [TABOCCO INSTITUTE OF INDIA, HAVING ITS REGISTERED OFFICE, NEW DELHI, REP. BY S. M. AHMAD - DIRECTOR & SECRETARY GENERAL VS UNION OF INDIA, REP. BY THE CABINET SECRETARY, CABINET SECRETARIAT, GOVERNMENT OF INDIA, RASHTRAPATI BHAWAN, NEW DELHI].
"Enforcement and penalties" - Misuse or misinterpretation of terms like "label" or "pre-packaged" can lead to violations punishable by fines or imprisonment, depending on the severity of contravention .
"Interpretation of terms" - The Act emphasizes that terms should be understood in their plain, ordinary sense unless specifically defined otherwise, promoting clarity in legal proceedings [TABOCCO INSTITUTE OF INDIA, HAVING ITS REGISTERED OFFICE, NEW DELHI, REP. BY S. M. AHMAD - DIRECTOR & SECRETARY GENERAL VS UNION OF INDIA, REP. BY THE CABINET SECRETARY, CABINET SECRETARIAT, GOVERNMENT OF INDIA, RASHTRAPATI BHAWAN, NEW DELHI].
"Impact on trade and commerce" - Precise definitions help regulate trade practices, prevent adulteration, and ensure truthful representation, thereby safeguarding consumer rights [Mars International India Private Limited New Delhi represented by its Authorized Signatory Sudeep Dhariwal VS State of Kerala represented by Secretary Department of Revenue & Legal Metrology].
"Scope of application" - The definitions extend to all sectors engaged in manufacturing, importing, selling, or repairing weights and measures, including sectors like pharmaceuticals, jewelry, and retail [State of Telangana VS Himjal Beverages Private Limited].
"Role of enforcement authorities" - Clear definitions facilitate the effective functioning of Controllers and Legal Metrology Officers in inspecting, verifying, and penalizing violations [Vincent Panikulangara VS State of Kerala].
"Legal certainty" - Well-defined terms foster legal certainty, enabling stakeholders to understand obligations and rights, and aiding courts in adjudicating violations [Vincent Panikulangara VS State of Kerala].
"Relation with other laws" - Definitions are crafted to harmonize with other statutes like the Weights and Measures Act, Consumer Protection Act, and regulations concerning packaging and labeling [State of Gujarat Through Secretary VS Gujarat State Weights and Measures Thro Secretary].
"Impact on consumer rights" - Proper interpretation of "label" and "pre-packaged commodity" ensures that consumers receive accurate information, preventing misleading practices [Mars International India Private Limited New Delhi represented by its Authorized Signatory Sudeep Dhariwal VS State of Kerala represented by Secretary Department of Revenue & Legal Metrology].
"Technical standards" - The definitions support the framing of technical standards and specifications for weights, measures, and packaging, aligning with international practices [Hotel Savoy Bar VS State of Kerala].
"Legal liabilities" - Clear definitions underpin the liability of manufacturers and sellers for violations, forming the basis for prosecution and penalties [Hindustan Coca Cola Beverages (P) Ltd. VS Controller Of Legal Metrology].
"Guidance for rule-making" - Section 2 provides the essential groundwork for the Central and State Governments to formulate detailed rules and regulations, ensuring consistency [P J MARGO PVT LTD VS The State of Karnataka Legal Metrology Officer, Gokak Sub-Division].

References

[Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. ]: Clarification on 'Label' and packaging compliance.
[Mars International India Private Limited New Delhi represented by its Authorized Signatory Sudeep Dhariwal VS State of Kerala represented by Secretary Department of Revenue & Legal Metrology]: Impact of mislabeling and false advertising under Section 18(2).
[General Insurance Indian Oil Corporation Ltd. VS State Of U. P. ]: Constitutional provisions related to standards and enforcement.
[Vincent Panikulangara VS State of Kerala]: Power of State to frame rules and scope of enforcement.
[Indian Beauty and Hygiene Association VS Union of India]: Notification regarding declaration of vegetarian/non-vegetarian origin.
[Maruti Suzuki India Ltd. VS State of Maharashtra]: Penalties for violations of the Act and Rules.
[TABOCCO INSTITUTE OF INDIA, HAVING ITS REGISTERED OFFICE, NEW DELHI, REP. BY S. M. AHMAD - DIRECTOR & SECRETARY GENERAL VS UNION OF INDIA, REP. BY THE CABINET SECRETARY, CABINET SECRETARIAT, GOVERNMENT OF INDIA, RASHTRAPATI BHAWAN, NEW DELHI]: Interpretation of terms and their legal significance.
[State of Telangana VS Himjal Beverages Private Limited]: Enforcement actions and liabilities.
[Siddarth Kachru Barve @ S. K. Barwe @ Lt. Col. Siddarth Barve VS State of Jharkhand]: Jurisdictional limits concerning international trade and duty-free shops.
[Malabar Fuel Corporation Represented By Its Managing Partner VS State Of Kerala Represented By Addl. Chief Secretary, Vigilance]: Overlap with other laws and legal principles of natural justice.

Legal Comments Summary:- "Label" - Price stamped on product constitutes compliant 'Label' - [Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. ]- "Pre-packaged commodity" - Packaged without purchaser present, with predetermined quantity - [Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. ]- "Verification" - Includes testing and adjusting weights/measures to standards - - "Weight or measure" - Broadly covers all specified weights, measures, instruments - - "Controller" and "Legal Metrology Officer" - Defined roles for enforcement authorities - - "Scope" - Definitions extend to all sectors, ensuring comprehensive regulation - - "Packaging & Labeling" - Definitions influence rules on declarations and labels - [TABOCCO INSTITUTE OF INDIA, HAVING ITS REGISTERED OFFICE, NEW DELHI, REP. BY S. M. AHMAD - DIRECTOR & SECRETARY GENERAL VS UNION OF INDIA, REP. BY THE CABINET SECRETARY, CABINET SECRETARIAT, GOVERNMENT OF INDIA, RASHTRAPATI BHAWAN, NEW DELHI]- "Penalties" - Violations lead to fines or imprisonment based on definition misuse - - "Interpretation" - Terms to be understood in plain sense unless defined otherwise - [TABOCCO INSTITUTE OF INDIA, HAVING ITS REGISTERED OFFICE, NEW DELHI, REP. BY S. M. AHMAD - DIRECTOR & SECRETARY GENERAL VS UNION OF INDIA, REP. BY THE CABINET SECRETARY, CABINET SECRETARIAT, GOVERNMENT OF INDIA, RASHTRAPATI BHAWAN, NEW DELHI]- "Trade & Commerce" - Clear definitions regulate trade practices and consumer interests - - "Application" - Extends to manufacturing, importing, selling, repairing weights/measures - [State of Telangana VS Himjal Beverages Private Limited]- "Enforcement" - Facilitates effective inspection and compliance enforcement - [Vincent Panikulangara VS State of Kerala]- "Legal Certainty" - Precise definitions promote clarity and fair adjudication - [Vincent Panikulangara VS State of Kerala]- "Relations with Other Laws" - Harmonizes with existing statutes and regulations - [State of Gujarat Through Secretary VS Gujarat State Weights and Measures Thro Secretary]- "Consumer Rights" - Ensures truthful information and prevents deception - [Mars International India Private Limited New Delhi represented by its Authorized Signatory Sudeep Dhariwal VS State of Kerala represented by Secretary Department of Revenue & Legal Metrology]- "Standards" - Supports framing technical standards aligned with international norms - [Hotel Savoy Bar VS State of Kerala]- "Liability" - Underpins legal responsibility and penalties for violations - [Hindustan Coca Cola Beverages (P) Ltd. VS Controller Of Legal Metrology]- "Rule-making" - Provides the foundation for detailed regulations by authorities - [P J MARGO PVT LTD VS The State of Karnataka Legal Metrology Officer, Gokak Sub-Division]

This concise legal commentary underscores the pivotal role of Section 2 in establishing clarity, scope, and enforcement of the Legal Metrology Act, 2009.

S.3 Provisions of this Act to override provisions of any other law

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.

S.4 Units of weights and measures to be based on metric system

Every unit of weight or measure shall be in accordance with the metric system based on the international system of units.

(2) Every numeration shall be made in accordance with the decimal system.

(3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as may be prescribed.

S.5 Base unit of weights and measures

(l) The base unit of -

(i) length shall be the metre;

(ii) mass shall be [he kilogram; .

(iii) time shall be the second;

(iv) electric current shall be the ampere;

(v) thermodynamic temperature shall be the kelvin;

(vi) luminous intensity shall

S.6 Base unit of numeration

(l) The base unit of numeration shall be the unit of the international form of Indian numerals.

S.7 Standard units of weights and measures

(l) The base units of weights and measures specified in section 5 shall be the standard units of weights and measures.

(2) The base unit of numeration specified in section 6 shall be the standard unit of numeration.

(3) For the purpose of deriving the value of base, derived and other units mentioned in section 5, the Central Government shall prepare or cause to be prepared objects or equipments in such manner as may be prescribed.

(l) Any weight or measure which conforms to the standard unit of such weight or measure and also conforms to such of the provisions of section 7 as are applicable to it shall be the standard weight or measure.

(2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral.

(3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral.

S.9 Reference, secondary and working standard

(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 (

S.10 Use of weight or measure for particular purposes

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.

S.11 Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration:

(l) 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

(d) indicate the net quantity of a pre-packaged commodity, or

S.12 Any custom, usage, etc. contrary to standard weight, measure or numeration to be void

Any custom, usage, practice or 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 contract or other agreement in relation to the said article, thing or service, shall be void.

S.13 Appointment of Director, legal metrology officers and other employees

(l) The Central Government may, by notification, appoint a Director of legal metrology, Additional Director, Joint Director, Deputy Director, Assistant Director and other employees for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to inter-state trade and commerce.

(2) The qualifications of the Director and legal metrology officers appointed under sub-section (1) shall be such as may be prescribed.

(I) The State Government may, by notification, appoint a Controller of legal metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, Inspector 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.

S.15 Power of inspection, seizure, etc

(I) The Director, Controller or any legal metrology officer may, if he has any reason to believe, whether from any 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 an offence punishable under this Act appears to have been, or is likely to be, committed are either kept or concealed in any p

S.16 Forfeiture

(I) Every non-standard or unverified weight or measure, and every package made in contravention of section 18, used in the course of, or in relation to, any trade and 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.

S.17 Manufacturers etc., to maintain records and registers

(I) Every manufacturer, repairer or dealer of weight or measure shall maintain such records and registers as may be prescribed.

(2) The records and registers maintained under sub-section (1) shall be produced at the time of inspection to the persons authorised for the said purpose under sub-section (1) of section 15.

S.18 Declarations on prepackaged commodities

(I) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as 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 t

Legal Commentary on Section 18 of the Legal Metrology Act, 2009

Introduction

Section 18 of the Legal Metrology Act, 2009, establishes the fundamental obligation of manufacturers, packers, sellers, importers, and distributors to ensure that pre-packaged commodities bear clear, accurate, and standardized declarations. This section aims to protect consumers by mandating transparency regarding the quantity, quality, and essential details of packaged goods, thereby promoting fair trade practices and preventing deception.

What does Section 18 Say?

Section 18 prescribes that no person shall manufacture, pack, sell, import, distribute, deliver, offer, expose, or possess for sale any pre-packaged commodity unless such package bears the necessary declarations and particulars as prescribed by rules. It also specifies that advertisements mentioning retail prices must include declarations concerning the net quantity or number of commodities contained in the package.

Essential Ingredients

Mandatory Declarations: Every pre-packaged commodity must display certain information, including:
Name and address of the manufacturer or packer (Section 18(1)(a))
Common or generic names of the commodity (Section 18(1)(b))
Net quantity or number of items (Section 18(1)(c))
Month and year of manufacture or packing (Section 18(1)(d))
Retail sale price (Section 18(1)(e))
Advertisement Requirements: Any advertisement stating the retail sale price must also declare the net quantity or number of commodities (Section 18(2)).

Scope of Section

Applicability: The section applies to all persons involved in the manufacture, packing, sale, import, distribution, or possession for sale of pre-packaged commodities within India.
Coverage: It encompasses all packaged goods, including food, beverages, pharmaceuticals, and other consumer products, requiring compliance with prescribed rules.
Exceptions: Certain exemptions may apply, especially for products covered under other specific regulations such as food safety laws, as indicated in the Rules.

Punishment for Section

Violations of Section 18 and related rules attract penal provisions under the Act:- Fines: For first-time offenders, fines may extend up to Rs. 25,000; for subsequent violations, fines can escalate to Rs. 50,000 or more.- Imprisonment: In certain cases, imprisonment for up to one year may be imposed, along with fines.- Penalties for Advertisement Violations: Showing false or misleading advertisements about product declarations can also lead to penalties under Section 18(2).

Legal Comments

"Mandatory Declarations" - Section 18 mandates that all pre-packaged commodities must display clear declarations, ensuring consumer awareness and preventing deceptive practices [, Section 18].
"Consumer Protection" - The section aims to safeguard consumer rights by enforcing transparency regarding product details, thus aligning with consumer protection laws [, Overview of the Act].
"Scope of Application" - The section covers all stages of packaging and sale, including importation, emphasizing comprehensive regulation of pre-packaged goods [, Section 18 application].
"Advertisement Regulations" - Any advertisement mentioning retail prices must include declarations of net quantity, preventing misleading marketing practices [["Mars International India Private Limited New Delhi represented by its Authorized Signatory Sudeep Dhariwal VS State of Kerala represented by Secretary Department of Revenue & Legal Metrology"], Section 18(2)].
"Compliance and Enforcement" - Rules framed under Section 18 prescribe detailed procedures for declarations, inspection, and enforcement, ensuring effective compliance [["Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad"], Rules 4, 6, 18].
"Natural Justice and Procedure" - Courts have emphasized that natural justice requires proper investigation and adherence to procedures before penal action, especially in cases of alleged violations of Section 18 [["IMS MERCANTILES PVT. LTD. VS UNION OF INDIA"], Natural justice principles].
"Limitations and Limitations Period" - The limitation period for filing prosecutions under Section 18 is generally six months, and proceedings initiated beyond this period may be liable for quashing [["ITC Limited VS State of Madhya Pradesh"], Limitation provisions].
"Role of Inspectors" - Inspectors are empowered to inspect, seize, and file complaints only when violations are apparent and in accordance with prescribed procedures [["IMS MERCANTILES PVT. LTD. VS UNION OF INDIA"], Inspection procedures].
"Natural Justice and Procedural Violations" - Courts have quashed proceedings where violations of procedural safeguards, such as improper issuance of notices or lack of proper investigation, are established [["Hindustan Unilever Limited Represented by its Executive Director VS State of Andhra Pradesh through Public Prosecutor"], Quashing proceedings].
"Penalties for False Declarations" - False or misleading declarations, including false advertisements, are punishable under the Act, reinforcing the importance of truthful disclosures [["Mars International India Private Limited New Delhi represented by its Authorized Signatory Sudeep Dhariwal VS State of Kerala represented by Secretary Department of Revenue & Legal Metrology"], Section 18(2)].
"Scope of Rules" - The Rules made under Section 18 specify the manner and form of declarations, including the placement, font size, and content, to ensure uniformity and clarity [["Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad"], Rules 4, 6, 18].
"Legal Responsibility" - The manufacturer or packer is primarily responsible for accurate declarations; mere possession or sale without proper declarations can attract penalties [["STANDARD FIREWORKS PVT. LTD. VS STATE (NCT OF DELHI)"], Responsibility of manufacturers].
"Natural Justice & Judicial Review" - Courts have held that proceedings initiated without proper investigation or in violation of procedural safeguards violate natural justice and are liable to be quashed [["IMS MERCANTILES PVT. LTD. VS UNION OF INDIA"], Principles of natural justice].
"Legal Effect of Non-compliance" - Non-compliance with declaration requirements can lead to criminal prosecution, fines, or confiscation of goods, depending on the severity and nature of violation [["Parle Agro Pvt. Ltd VS Senior Inspector"], Penalties under Section 36].
"Scope of Advertisement" - Advertisements must not be misleading; any false claim regarding product quantity or price can attract penalties under Section 18(2) [["Mars International India Private Limited New Delhi represented by its Authorized Signatory Sudeep Dhariwal VS State of Kerala represented by Secretary Department of Revenue & Legal Metrology"], Section 18(2)].
"Legal Interpretation" - Courts have clarified that the presence of declarations on the principal display panel or label is essential, and any deviation is considered a violation [["ITC Limited VS State of Madhya Pradesh"], Interpretation of Rule 6].
"Natural Justice & Procedural Safeguards" - Proper investigation, notice, and opportunity to be heard are vital; proceedings initiated without these violate principles of natural justice [["Hindustan Unilever Limited Represented by its Executive Director VS State of Andhra Pradesh through Public Prosecutor"], Natural justice principles].
"Penalties and Enforcement" - The Act prescribes strict penalties for violations, emphasizing deterrence and compliance [["Parle Agro Pvt. Ltd VS Senior Inspector"], Penalties for violations].
"Legal Responsibility of Retailers" - Retailers are also liable if they possess or sell non-compliant packages, but primary responsibility lies with manufacturers and importers [["STANDARD FIREWORKS PVT. LTD. VS STATE (NCT OF DELHI)"], Retailer liability].
"Review and Quashing" - Courts have the power to quash proceedings if procedural violations or lack of evidence are established, ensuring adherence to natural justice [["Hindustan Unilever Limited Represented by its Executive Director VS State of Andhra Pradesh through Public Prosecutor"], Quashing of proceedings].

Conclusion

Section 18 of the Legal Metrology Act, 2009, plays a pivotal role in ensuring that pre-packaged commodities are accurately and transparently labeled, safeguarding consumer interests. Enforcement of this section, through detailed rules and judicial oversight, ensures fair trade, prevents deception, and upholds consumer rights. However, procedural compliance and adherence to principles of natural justice are essential for effective enforcement and judicial validation of proceedings related to violations of Section 18.

Note: The references are based on the provided sources, aligning with the relevant legal provisions and judicial interpretations.

S.19 Registration for importer of weight or measure

No person shall import any weight or measure' unless he is registered with the Director in such manner and on payment of such fees, as may be prescribed.

S.20 Non-standard weights and measures not to be imported

No weight or measure, whether singly or as a part or component of any machine shall be imported unless it conforms to the standards of weight or measure established by or under this Act.

S.21 Training in Legal Metrology

(I) For imparting training in Legal Metrology and other allied branches of knowledge the "Indian Institute of Legal Metrology" (hereinafter referred to as the "Institute") established under the provisions of the Standards of Weights and Measures Act, 1976, shall be deemed to have been established under the corresponding provisions of this Act.

(2) The management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the

S.22 Approval of model

Every person, before manufacturing or importing any weight or measure shall seek the approval of model of such weight or measure in such manner, on payment of such fee and from such authority as 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 measuring tapes) which are ordinarily used in retail trade for measuring textiles or timber, capacity measures, not exceeding

S.23 Prohibition on manufacture, repair or sale of weight or measure without licence

(l) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a 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.

(2) For the purpose of sub-section (I), the Controller shall issue a li

S.24 Verification and stamping of weight or, measure

(1) Every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or is 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 the Controller may, by general or special order, specify in this behalf, on payment of such fees as maybe prescribed.

(2) The Centra

S.25 Penalty for use of nonstandard weight or measure

Whoever uses or keeps for use any weight or measure or makes use of any numeration otherwise than in 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 for a term which may extend to six months and also with fine.

S.26 Penalty for alteration of weight and measure

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.

S.27 Penalty for manufacture or sale of non-standard weight or measure

Every person who manufactures 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, except where he is permitte

S.28 Penalty for making any transaction, deal or contract in contravention of the prescribed standards

Whoever makes any transaction, deal or contract In contravention of the standards of weights and measures specified under section 10 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.29 Penalty for quoting or publishing, etc., of non-standard units

Whoever violates section 11 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.30 Penalty for transactions in contravention of standard weight or measure

Whoever

(a) in selling any article or thing by weight, measure or number, delivers or causes to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted for or paid for; or

(b) in rendering any service by weight, measure or number, renders that service less than the service contracted for or paid for; or

Legal Commentary on Section 30 of the LEGAL METROLOGY ACT, 2009

Introduction

Section 30 of the Legal Metrology Act, 2009, prescribes penalties for violations related to transactions involving weights and measures, ensuring compliance with prescribed standards in trade and commerce.

What does Section Say

Section 30 stipulates that any person who contravenes provisions related to the sale, purchase, or rendering of services involving weights and measures may be subjected to fines and imprisonment, depending on the nature and recurrence of the offence.

Essential Ingredients

Involvement in sale, purchase, or service provision using weights or measures
Contravention of the standards or provisions laid down in the Act or Rules
The act must be committed intentionally or negligently
The offence must be established through inspection, seizure, or evidence

Scope of Section

Encompasses violations in sale, purchase, or service involving weights, measures, or numbers
Applies to both commercial transactions and service provisions
Covers contraventions related to non-compliance with prescribed standards
Includes offences committed knowingly or negligently
Penalties are applicable to individuals, firms, or entities involved in such violations

Punishment for Section

Fine up to Rs. 10,000 for the first offence
Imprisonment up to 1 year or fine, or both, for subsequent offences
Penalties aim to deter violations and promote compliance
Offences are considered cognizable and non-bailable under certain circumstances

Legal Comments

"Contravention" - The section targets violations of standards related to weights and measures used in trade and services, emphasizing compliance [Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad].
"Penalty scope" - Fine up to Rs. 10,000 and imprisonment up to 1 year for repeated offences, indicating strict enforcement [Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad].
"Vague allegations" - Vague or general allegations without specific evidence or clause are insufficient for prosecution under Section 30 [MUTHOOT FINCORP LTD. VS STATE OF KERALA].
"Scope of offences" - The offence covers sale, purchase, or rendering of services involving weights/measures, but pledge transactions are argued to be outside its scope due to their nature as bailment [MUTHOOT FINCORP LTD. VS STATE OF KERALA].
"Violation of standards" - Non-compliance with prescribed standards in packaging, labeling, or measurement can lead to prosecution under this section [Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad].
"Inspection and seizure" - Legal Metrology officers have authority to inspect premises, seize goods, and records to establish violations [MUTHOOT FINCORP LTD. VS STATE OF KERALA].
"Punishment for non-compliance" - Failure to produce records or comply with inspection notices attracts penalties, reinforcing the importance of documentation [MUTHOOT FINCORP LTD. VS STATE OF KERALA].
"Vagueness in allegations" - Complaints lacking specific clauses or facts may be dismissed as vague, highlighting the need for precise allegations [MUTHOOT FINCORP LTD. VS STATE OF KERALA].
"Legal protection" - The section emphasizes that violations must be proven with clear evidence; mere suspicion or vague allegations are insufficient [Subodh Kumar Purbey VS State of Bihar].
"Nature of transactions" - Transactions like pledging ornaments are argued to be outside the scope of Section 30, as they do not involve sale or transfer of goods but bailment [MUTHOOT FINCORP LTD. VS STATE OF KERALA].
"Offence classification" - Violations under Section 30 are classified as cognizable offences, enabling police to register FIRs and initiate proceedings [Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad].
"Compounding of offences" - Certain offences under the Act, including those under Section 30, are compoundable, allowing parties to settle disputes without prolonged prosecution [Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad].
"Legal safeguards" - The Act provides safeguards against arbitrary prosecution, requiring specific evidence and adherence to procedural norms [Subodh Kumar Purbey VS State of Bihar].
"Enforcement authority" - Legal Metrology officers are empowered to enforce provisions, conduct inspections, and initiate penalties [MUTHOOT FINCORP LTD. VS STATE OF KERALA].
"Recidivism" - Repeat offenders face enhanced penalties, including higher fines and imprisonment, to discourage habitual violations [Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad].
"Legal interpretation" - Courts have emphasized that penalties are strict but must be backed by concrete evidence; vague or generalized allegations do not suffice [REETA GUPTA VS STATE OF U. P. ].
"Legal compliance" - The emphasis is on compliance with measurement standards, accurate labeling, and record-keeping to avoid penalties [MUTHOOT FINCORP LTD. VS STATE OF KERALA].

Note: The analysis emphasizes that violations under Section 30 require clear, specific evidence of contravention related to weights, measures, or standards, and that vague allegations or transactions outside the scope of sale or service may not attract penalties under this section.

S.31 Penalty for non-production of documents, etc

Whoever, being required by or under this Act or the rules made there under to submit returns, maintain any record or register, or being required by the Director or the Controller or any legal metrology officer to produce before him for inspection any weight or measure or 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 a

S.32 Penalty for failure to get model approved

Whoever fails or omits to submit model of any weight or measure for approval, 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.

S.33 Penalty for use of unverified weight or measure

Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified weight or measure 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.

S.34 Penalty for sale or delivery of commodities, etc., by non-standard weight or measure

Whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any means other than the standard weight or measure or number, 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.

S.35 Penalty for rendering services by non-standard weight, measure or number

Whoever renders or causes to be rendered, any service through means other than the weight or measure or numeration or in terms of any weight, measure or number other than the standard weight or measure, 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.

S.36 Penalty for selling, etc., of non-standard packages

(l) Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, 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

S.37 Penalty for contravention by Government approved Test Centre

(l) Where any Government approved Test Centre contravenes any of the provisions of this Act or the rules made there under, or the conditions of the licence, it shall be punished with fine which may extend to one lakh rupees.

(2) Where any owner or employee of a Government Approved Test Centre performing duties in accordance with the provisions of this Act or the rules made there under, willfully verifies or stamps any weight or measure in contravention of the provisions of this Act

S.38 Penalty for non-registration by importer of weight or measure

Whoever imports any weight or measure without being registered 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 for a term which may extend to six months, or with fine, or with both.

S.39 Penalty for import of non-standard weight or measure

Whoever imports any non-standard weight or measure 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.

S.40 Penalty for obstructing Director, Controller or legal metrology officer

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 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 any packaged commodity or for any other purpose shal

S.41 Penalty for giving false information or false return

(l) Whoever gives any information to the Director, the Controller or any legal metrology officer, which he may require or ask for in the course of his duty, and which such person either knows or has reason to believe to be false, 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 six months and also with fine.

(2) Whoever, being required by or under this Act so to do, submits

S.42 Vexatious search

The Director, the Controller or any legal metrology officer, exercising powers under this Act or any rule made there under, who knows that there are no reasonable grounds for so doing, and yet

(a) searches, or causes to be searched, any house, conveyance or place; or

(b) searches any person; or

S.43 Penalty for verification in contravention of Act and rules

Where the Controller or any legal metrology officer exercising powers under this Act or any rule made there under, willfully verities or stamps any weight or measure, in contravention of the provisions of this Act or of any rule made there under, he 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.

S.44 Penalty for counterfeiting or seals. Etc

(l) Whoever

(i) counterfeits any seal specified by or under this Act or the rules made there under, or

(ii) Sells or otherwise disposes of any counterfeit seal, or

(iii) possesses any counterfeit seal, or

(iv) counterfeits or removes or tampers with any stamp, specified by or under this Act or rules made there under, or

S.45 Penalty for manufacture of weight and measure without licence

Whoever, being required to obtain a licence under this Act or the rules made there under, manufactures, without being in possession of a valid licence, any weight or 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 year, or with fine, or with both.

S.46 Penalty for repair, sale, etc., of weight and measure without licence

Whoever, being required to obtain a licence under this Act or the rules made there under repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in possession of a valid licence, 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.

S.47 Penalty for tampering with licence

Whoever alters or otherwise tampers, with any licence issued or renewed under this Act or rules made there under, otherwise than in accordance with any authorization made by the Controller in this behalf, shall be punished with fine which may extend to twenty thousand rupees, or with imprisonment for a term which may extend to one year or with both.

S.48 Compounding of offences

(l) 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.

(2) The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) of sect

S.49 Offences by companies and power of Court to publish name, place of business, etc., for companies convicted

(l) Where an offence under this Act has been committed by a company,

(a) (i) the person, if any, who has been nominated 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 charge of, and was responsible to, th

S.50 Appeals

(I) Subject to the provisions of sub-section (2), an appeal shall lie,-

(a) from every decision or order under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52 by the legal metrology officer appointed under section 13, to the Director;

(b) from every decision or order made by the Director of Legal Metrology under sections 15 to 20, section 22, section 25, sections 27 to 3

S.51 Provisions of Indian Penal Code and Code of Criminal Procedure not to apply

The provisions of the Indian Penal Code and section 153 of the Code of Criminal 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.

S.52 Power of the Central Government to make rules

(1) The Central Government may, by notification, make rules for carrying out the provisions of this Act.

(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(a) the specification of the base units of measures and base unit of mass under sub-section (2) of section 5;

(b) the manner of preparatio

S.53 Power of State Government to make rules

(l) The State Government may, by notification, and after consultation with the Central Government, make rules to carry out the provisions of this Act.

(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-

(a) the time within which the weight or measure may be got verified under proviso to sub-section (1) of section 16;

S.54 Delegation of Powers

(1) The Central Government may, in consultation with the State Government and by notification, direct that any power exercisable by it under 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 may be specified, may be exercised also by such officer subordinate to it as may be specified in the notification.

(2) Subject to any gen

S.55 Act not to apply in certain cases

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 use of the Armed Forces of the Union;

(b) used for scientific investigation or for research;

S.56 Existing Director, Controller and legal metrology officer not to be affected by the new qualification to be prescribed

(l) Every Director, Controller and legal metrology officer appointed immediately before the commencement of the rules made under this Act, shall be deemed to have been appointed under sub-section (1) of sections 13 and 14, notwithstanding any rule prescribing different qualifications.

(2) The rules made by a State Government under the Standards of Weights and Measures (Enforcement) Act, 1985 which are in force immediately before the commencement of this Act shall remain in force unt

S.57 Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985

(1) The Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985, is hereby repealed.

(2) Without prejudice to the provisions contained in the General Clauses Act, 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) Act, 1985, shall, if in force, at the commencement of this Act, continue to be in force and have effect as i