LEGAL METROLOGY (GENERAL) RULES, 2011
(1) These rules may be called the Legal Metrology (General) Rules, 2011.
(2) They shall come into force on the 1st day of April, 2011.
In these rules, unless the context otherwise requires,--
(a) "Act" means the Legal Metrology Act, 2009 (1 of 2010);
(b) "Schedule" means a Schedule appended to these rules;
(c) "Section" means a Section of the Act;
(d) words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.
(1) Every reference standard weight shall conform, as regards denomination, material used in construction, and design, to the specifications laid down in Part I of First Schedule.
(2) The maximum permissible error in respect of any reference standard weight, on verification or re-verification after adjustment, shall be such as is specified in Part I of First Schedule.
(3) Every reference standard metre bar shall conform, as regards material used in construction, and design, to the specifications laid down in Part II of First Schedule.
(4) The maximum permissible error in respect of any reference standard metre bar, on verification or re-verification, shall be such as is specified in Part II of First Schedule.
(1) Every secondary standard weight shall conform, as regards denomination, material used in construction, and design, to the specifications laid down in Part I of Second Schedule.
(2) The maximum permissible error in respect of any secondary standard weight, on verification or re-verification after adjustment, shall be such as is specified in Part I of Second Schedule.
(3) Every secondary standard metre bar shall conform, as regards material used in construction, and design, to the specifications laid down in Part II of Second Schedule.
(4) The maximum permissible error in respect of any secondary standard metre bar, on verification or re-verification, shall be such as is specified in Part II of Second Schedule.
(5) Every secondary standard capacit
(1) Every working standard weight shall conform, as regards denomination, material used in construction, and design, to the specifications laid down in Part I of Third Schedule.
(2) The maximum permissible error in respect of any working standard weight, on verification or re-verification after adjustment, shall be such as is specified in Part I of Third Schedule.
(3) Every working standard metre bar shall conform, as regards material used in construction, and design, to the specifications laid down in Part II of Third Schedule.
(4) The maximum permissible error in respect of any working standard metre bar, on verification or re-verification, shall be such as is specified in Part II of Third Schedule.
(5) Every working standard capacity measure shal
(1) Any other reference standard, or secondary standard, or working standard shall conform as regards the denomination, material used in construction, and design, to such specifications as the Central Government may, from time to time, by notification, specify.
(2) The maximum permissible error in relation to such other reference standard, or secondary standard, or working standard shall be such as the Central Government may, from time to time, by notification, specify and different maximum permissible errors may be specified in relation to different types of reference standards, or secondary standards, or working standards.
(1) A set of reference standard balances shall be maintained at every place where the reference standard weights are kept for the purpose of verification of secondary standards.
(2) The number, types and specifications of such balances shall be as are specified in Part I of Fourth Schedule.
(3) Every reference standard balance shall be verified at least once in six months and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities as are specified in Part I of Fourth Schedule.
(1) A set of secondary standard balances shall be maintained at every place where secondary standard weights are kept for the purpose of verification of working standards.
(2) The number, types and specifications of such balances shall be as are specified in Part II of Fourth Schedule.
(3) Every secondary standard balance shall be verified at least once in one year and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities as are specified in Part II of Fourth Schedule.
(1) A set of working standard balances shall be maintained at every place where working standard weights are kept for the purpose of verification of weights intended to be used for transaction or protection.
(2) The number, types and specifications of such balances shall be as are laid down in Part III of Fourth Schedule.
(3) Every working standard balance shall be verified at least once in a year and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities as are specified in Part III of Fourth Schedule.
The Central Government may, by notification, specify such other standard equipment as it may think necessary to carry out the provisions of the Act and every such standard equipment shall conform, as regards the metrological qualities, to such specifications as the Central Government may, in the same notification or subsequent notification, specify.
(1) Save as otherwise provided in these rules, every weight used or intended to be used--
(a) in any transaction, or
(b) for protection,
shall conform, as regards physical characteristics, configuration, constructional details, materials, performance, tolerances and such other details, to the corresponding specifications laid down for such weight in Fifth Schedule.
(2) The maximum permissible error in respect of such weight shall be such as is specified in Fifth Schedule.
(3) Nothing in this rule shall apply to the product of an industry which is required, by or under any law for the time being in force, to conform to any other specifications with regard to the matters specified in sub-rule (1) or sub-rul
(1) Every measure used or intended to be used for-
(a) any transaction, or
(b) protection,
shall conform, as regards physical characteristics, configuration, constructional details, materials, performance, tolerances and such other details, to the corresponding specifications laid down for such measure in Sixth Schedule.
(2) The maximum permissible error in such measure shall be such as is specified in the corresponding specifications laid down for such measure in Sixth Schedule.
(1) Every weighing instrument used or intended to be used--
(a) in any transaction, or
(b) for protection,
shall conform, as regards physical characteristics, configuration, constructional details, materials, performance, tolerances and such other details, to the corresponding specifications laid down for such weighing instrument in Seventh Schedule:
(2) Every measuring instrument used or intended to be used--
(a) in any transaction, or
(b) for protection,
shall conform, as regards physical characteristics, configuration, constructional details, materials, performance, tolerances and such other details, to the corres
The procedure for carrying out calibration of vehicle tanks, etc. shall be as is specified in Ninth Schedule.
(1) Every manufacturer or dealer of weight or measure who intends to import any weight or measure shall apply to the Director, through the Controller of the State in which he carries on such business, for registration of his name as importer in the form specified in Tenth Schedule.
(2) Every application received by the Controller under sub-rule (1) shall be forwarded by him to the Director with a report as to the antecedents and technical capabilities of the applicant.
(3) Nothing in this rule shall take away or abridge the right of any person referred to in sub-rule (2) to carry on the business of importing of any weight or measure until he has been informed by the Director in writing that he cannot be registered as an importer, and on receipt of such letter he shall stop forthwith the import of any weight or measure:
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(1) The provisions of this rule shall apply to weights or measures which are made or manufactured exclusively for the purpose of export.
(2) No non-standard weight or measure shall be made or manufactured by any person unless he has obtained the previous permission from the Central Government.
(3) Every person intending to manufacture any non-standard weight or measure for the purpose of export shall make an application for permission to the Central Government on payment of a fee of rupees five hundred for such permission authorising him to manufacture such weight or measure and shall in such application indicate--
(a) his name and full address;
(b) location of the factory in which such weight or measure is proposed to be manufactured;
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No non-standard weight or measure made or manufactured exclusively for export shall be sold or otherwise distributed within the territory of India.
Every person who makes or manufactures any non-standard weight or measure for export shall maintain a monthly record of the number of such nonstandard weights or measures manufactured by him, number of weights or measures already exported by him, and number of weights or measures in sk or under production. The record so maintained shall be open to inspection by any officer authorised by the Central Government in this behalf.
(1) Standard weights or measures which are intended for export shall not ordinarily require any verification and stamping, but if the party to whom the export is to be made so requires, a sample checking of such weight or measure shall be made by such agency as the Central Government may specify in this behalf, and thereupon the agency so specified shall, after checking the weight or measure, issue a certificate indicating whether or not such weight or measure conforms to the requirements of the Act and the rules made there under.
(2) The weight or measure to be checked as sample under this rule shall be selected at random and proper records shall be maintained with regard to the sample checking so made.
(3) The Central Government shall, while specifying the agency for checking the weight or measure, ensure that the agency completes the
(1) Non-standard weight or measure, which is made or manufactured exclusively for export, shall not ordinarily require any verification and stamping, but if the party to whom the export is to be made so requires, a sample checking of such weight or measure shall be made by such agency as the Central Government may specify in this behalf; and thereupon the agency so specified shall, after checking the weight or measure, issue a certificate indicating whether or not such weight or measure conforms to the specifications given by the party to whom the export is to be made or, where the party aforesaid has not given any specification, whether the weight or measure conforms to the specifications laid down by the manufacturer.
(2) The weight or measure to be checked as sample under this rule shall be selected at random and proper records shall be maintained with regard to the sample check
Where the manufacture of any non-standard weight or measure is needed exclusively for the purpose of scientific investigation or research, the person needing such non-standard weight or measure shall make an application to the Central Government for permission to get such non-standard weight or measure manufactured and on receipt of such application, if the Central Government is satisfied that the manufacture of such non-standard weight or measure is needed for the purpose aforesaid, it may authorise the applicant to get the non-standard weight or measure needed by him manufactured by such manufacturer as he may think fit, and thereupon, it shall be lawful for such manufacturer to manufacture the said non-standard weight or measure in accordance with the specifications given by the applicant.
Explanation: For the purpose of this rule, a nonstandard weight or measure means a weight
(1) Where any goods seized under subsection (3) of Section 15 are subject to speedy or natural decay, the Director or any person authorised by him or Controller and other Legal Metrology Officers in this behalf shall have the goods weighed or measured on a verified weighing or measuring instrument available with him or near the place of seizure and enter the actual weight or measure of the goods in a form specified by the Director for this purpose and shall obtain the signature of the trader or his agent or such other person who has committed the offence. The goods in question shall, after such weighing or measuring is returned to the trader or the purchaser as the case may be:
PROVIDED that if the trader or his agent or the other person (who has committed the offence) refuses to sign the form, the Director or the person authorised by him in this behalf shall obtain the signature o
No unverified weight or measure, seized under sub-section (3) of Section 15, shall be forfeited if the person, from whom such weight or measure was seized, agrees to get the same verified and stamped within a period of ten days or such extended period from the date of such seizure; and for this purpose, the person making the seizure of such weight or measure shall afford a reasonable opportunity by returning such weight or measure exclusively for the verification and stamping.
(1) Every person referred to in sub-section (1) of Section 17 shall maintain a register in the appropriate form set out in Eleventh Schedule.
(2) Notwithstanding anything contained in sub-rule (1), if the Director is of the opinion that having regard to the nature or volume of the business carried on by any maker, manufacturer, dealer or repairer, it is necessary to do so, he may, by order, exempt any such maker, manufacturer, dealer or repairer from the operation of that sub-rule.
The scale of fees to be collected for the service specified in column (2) of Twelfth Schedule shall be at the rate specified in column 3 of the said Schedule.
Any legend or denomination specified in any Schedule to these rules, which is required to be indicated on any weight or measure in English, or in Devanagri script, may also be indicated (in addition to English or Devanagri) on such weight or measure in such regional language as the manufacturer may consider to be practicable.
(1) Every weight or measure used or intended to be used in any transaction or for protection of living beings or things in clause (k) of Section 2 shall be verified and stamped by the Legal Metrology Officer in the State in which such weight or measure is put to use and shall be re-verified and stamped at periodical intervals.
(2) The re-verification shall be carried out on the completion of a period of,--
(a) twenty four months for all weights, capacity measures, length measures, tape, beam scale and counter machine,
(b) sixty months for storage tanks, and
(c) twelve months for all weight or measure including tank lorry other than that mentioned in clauses (a) & (b).
(3) Notwithstanding anything containe
(1) No person shall be appointed as Legal Metrology Officer unless he -
(a) is a graduate of a recognized university in Science (with physics as one of the subjects), technology or engineering or holds a recognized diploma in engineering with three years professional experience; and
(b) is able to speak, read and write the regional language of the State.
(2) Nothing in sub-rule (1) shall apply to officials who have been working as Legal Metrology Officer and are also eligible for promotion to the next higher grade of Legal Metrology Officer on the date of commencement of these rules.
(3) The person appointed to the post of Legal Metrology Officer shall have to successfully complete the basic training course at the Indian Institute of Legal Metrology
Every company shall inform the Director (Legal Metrology) or the concerned Controller or his authorized officer, by notice in duplicate, in the format specified in Thirteenth Schedule containing the name and address of its Director after obtaining his consent in writing, who has been nominated by the company under sub-section (2) of Section 49 to be in-charge of and be responsible for the conduct of business of the company or any establishment, branch or unit thereof.
(1) The Standards of Weights and Measures (General) Rules, 1987 (herein under referred to as the said rules) are hereby repealed.
Provided that such repeal shall not affect:
(a) the previous operations of the said rules or anything done or omitted to be done or suffered therein; or
(b) any right, privilege, obligation or liability acquired, accrued or incurred under the said rules; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said rules; or
(d) any investigation, legal proceedings or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid.
And
FIRST SCHEDULE
DENOMINATION, MATERIALS, SHAPE AND PERMISSIBLE ERRORS, IN RESPECT OF REFERENCE STANDARDS
[See Rule 3]
PART I REFERENCE STANDARD WEIGHTS
1. Denominations
Kilogram series Gram series Milligram series
(1) (2) (3)
5 500 500
2 200 200
2 200 200
1 100 100
50 50
20 20
20 20
10 10
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SECOND SCHEDULE
DENOMINATIONS, MATERIALS, SHAPE AND PERMISSIBLE ERRORS IN RESPECT OF SECONDARY STANDARDS
[Set Rule 4]
PART I-SECONDARY STANDARD WEIGHTS
1. Denominations
Kilogram series Gram series Milligram series
(1) (2) (3)
10 500 500
5 200 200
2 200 200
2 100 100
1 50 50
20 20
20 20
10 10
&
THIRD SCHEDULE
DENOMINATIONS, MATERIAL, SHAPE AND PERMISSIBLE ERRORS IN RESPECT OF WORKING STANDARDS
[See Rule 5]
PART I- WORKING STANDARD WEIGHTS
1. Denominations
Kilogram series Gram series Milligram series
(1) (2) (3)
20 500 500
10 200 200
10 200 200
5 100 100
2 50 50
2 20 20
1 10 10
5 5
FOURTH SCHEDULE
SPECIFICATIONS FOR STANDARD EQUIPMENT
[See Rules 7, 8 and 9]
PART I-REFERENCE STANDARD BALANCES
1. Every reference standard balance shall be of such robust construction and have such metrological qualities so as to ensure the continued good performance, as indicated In paragraph 2.
2. Sensitivity figure/readability and precision of measurement of every reference standard balance shall be such as to give overall precision of measurement of 1 part in one million for weights from 10 kg to 10 g and 0.01 mg for weights from 5 g to 1mg.
PART II-SECONDARY STANDARD BALANCES
1. Every secondary standard balance
FIFTH SCHEDULE
[See Rule 11]
PART-I
Weights (Other than Carat Weights)
General
This Part deals with the following categories of weights:--
(A) Iron weights, parallelopiped (50 kg to 5 kg)
(B) Cylindrical knob type weights (10 kg to 1g)
(C) Iron weights, hexagonal (50 kg to 50 g)
(D) Bullion weights (10 kg to 1 g) and
(E) Sheet metal weights (500 mg to 1 mg)
A.-IRON WEIGHTS PARALLELOPIPED (50 kg to 5 kg)
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SIXTH SCHEDULE
SPECIFICATIONS FOR MEASURES
[See Rule 12]
PART I - LIQUID CAPACITY MEASURES
1. General
This Part deals with two types of cylindrical liquid measures, namely the dipping and the pouring types, and one type of conical measures.
2. Denominations
The denominations of the different types of measures shall be as under:
Cylindrical measures Conical measures
Dipping type Pouring type
1 litre 2 litres 20 litres
500 ml 1 litre 10 lit
SEVENTH SCHEDULE - HEADING - A
[See Rule 13]
SPECIFICATION FOR NON-AUTOMATIC WEIGHING INSTRUMENTS
PART-I
TERMINOLOGY
1. General definitions
(1) Weighing instrument
Measuring instrument that serves to determine the mass of a body by using the action of gravity on this body.
The instrument may also be used to determine other quantities, magnitudes, parameters or characteristics related to mass.
According to its method of operation, a weighing instrument Is classified as an automatic or non-automatic Instrument.
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Section Schedule 7 of the Legal Metrology (General) Rules, 2011, pertains to the standards, verification, and calibration procedures for weights and measures used in trade and commerce, ensuring accuracy, uniformity, and consumer protection under the overarching framework of the Legal Metrology Act, 2009.
Schedule 7 prescribes the specifications for reference standards, secondary standards, working standards, and calibration procedures for weights, measures, and measuring instruments. It details the criteria for calibration, verification intervals, permissible errors, and the procedures for maintaining standards to ensure measurement accuracy.
While Schedule 7 itself primarily sets standards and procedures, violations such as non-compliance with calibration intervals, using non-standard weights, or falsifying calibration certificates can attract penalties under Sections 27, 28, and 29 of the Legal Metrology Act, 2009, which may include fines, imprisonment, or both.
Standards Specification - The schedule mandates strict adherence to prescribed specifications for weights and measures, ensuring uniformity and consumer confidence [Source: ""].
Calibration Procedure - The detailed calibration process against national/international standards ensures measurement accuracy and prevents fraud [Source: ""].
Verification Interval - Periodic verification (e.g., 12, 24, 60 months) maintains the integrity of weights and measures in circulation [Source: ""].
Error Limits - Permissible errors are clearly defined, ensuring measurements are within acceptable tolerances for trade fairness [Source: ""].
Traceability - Calibration certificates must be traceable to national/international standards, reinforcing the credibility of the standards used [Source: ""].
Laboratory Standards - Calibration laboratories must meet specified equipment and personnel qualification criteria, ensuring reliability [Source: ""].
Legal Enforcement - Non-compliance with calibration and verification procedures can lead to penalties under Sections 27-29 of the Act, including fines and imprisonment [Source: ""].
Natural Justice - Proper verification and calibration procedures safeguard against arbitrary penalties, aligning with principles of natural justice [Source: "Hindustan Unilever Limited Represented by its Executive Director VS State of Andhra Pradesh through Public Prosecutor"].
Procedural Integrity - Strict adherence to Schedule 7 procedures ensures procedural legality in enforcement actions [Source: "R. Panchapakesan (Managing Director) VS Inspector of Legal Metrology The Department of Legal Metrology"].
Consumer Protection - Accurate weights and measures, maintained through Schedule 7 standards, protect consumers from fraud and overcharging [Source: "Hotel Navtara VS Kishore Mandrekar"].
Technical Compliance - Use of calibrated, certified standards is mandatory; use of defective or unverified standards constitutes an offence [Source: ""].
Periodic Re-verification - Re-verification intervals (e.g., every 12 or 24 months) are essential to prevent measurement discrepancies over time [Source: ""].
Documentation & Record Keeping - Proper records of calibration, verification, and maintenance are vital for legal compliance and dispute resolution [Source: ""].
Natural Justice & Fair Enforcement - Ensuring standards are maintained and verified prevents arbitrary actions and upholds natural justice principles [Source: "Hindustan Unilever Limited Represented by its Executive Director VS State of Andhra Pradesh through Public Prosecutor"].
Calibration Facilities & Accreditation - Calibration labs must be accredited and equipped as per Schedule 7 to ensure measurement traceability and accuracy [Source: ""].
Penalties & Offences - Violations such as using non-standard weights, falsifying calibration certificates, or neglecting verification intervals attract penalties under the Act [Source: ""].
Legal Validity of Standards - The standards prescribed in Schedule 7 are legally binding and enforceable, forming the basis for legal metrology compliance [Source: ""].
Harmonization with International Standards - Schedule 7 aligns Indian standards with international measurement standards, facilitating trade and compliance [Source: ""].
Natural Justice & Fair Trial - Proper calibration and verification procedures ensure that enforcement actions are based on accurate and fair measurements, respecting natural justice [Source: "Hindustan Unilever Limited Represented by its Executive Director VS State of Andhra Pradesh through Public Prosecutor"].
In summary, Schedule 7 under the Legal Metrology (General) Rules, 2011, establishes a comprehensive framework for the calibration, verification, and maintenance of weights and measures, which is crucial for ensuring measurement accuracy, consumer protection, and legal compliance. Non-adherence to these standards can lead to penalties, but strict procedural adherence upholds principles of natural justice and fair enforcement.
EIGHTH SCHEDULE
SPECIFICATIONS FOR MEASURING
INSTRUMENTS
[See Rule 13]
General requirements
(a) A measuring instrument shall be of such material, design and construction as to ensure, under normal working conditions, the following requirements :--
(i) accuracy is maintained,
(ii) operating parts continue functioning satisfactorily, and
(iii) adjustment remains reasonably permanent.
(b) A measuring instrument shall not be stamped unless it is complete with all parts and attachments concerned with the operation of measurement and
NINTH SCHEDULE
PROCEDURE FOR CARRYING OUT CALIBRATION OF VEHICLE TANKS, ETC.
[See Rule 14]
PART I
CALIBRATION OF VEHICLE TANKS FOR PETROLEUM PRODUCTS AND OTHER LIQUIDS
1. Definitions
(a) Vehicle tank--An assembly used for measurement and delivery of liquids comprising a tank which may or may not be sub-divided into compartments, mounted upon a vehicle together with its necessary piping, valves, meters, etc.
(b) Compartment--The entire tank, when this is not sub-divided; otherwise any one of these subdivisions of a tank designed to hold liquid.
(c) Calibration--Verification
Legal Comments- "Introduction" - The materials compile judicial interpretations and administrative guidance under Legal Metrology Act, 2009 and allied Rules (Packaged Commodities Rules, General Rules 2011; Enforcement Rules, 2011) across multiple states, illustrating scope, procedure, and penalties; emphasis on compliance, due process, and limitations of jurisdiction. [Various sources collated above]- "What does Section Says" - Section 18/36 (Packaged Commodities) and Rule 6/Rule 32 etc. govern declarations on pre-packaged goods, including MRP, manufacturing date, address, etc., with penalties for non-compliance; Rule 6(2) expands requirements; Section 15/Rule 28 relate to inspections and officer qualifications; overarching principle of due process and proper cognizance. [Sources: H&m Hennes & Mauritz Retail Pvt. Ltd. VS Legal Metrology Department Govt. of NCT of Delhi; Leo Crasta Managing Director M/s Leo Consumer Products Private Ltd. VS State of Karnataka Rep. by Inspector of Legal Metrology Mangalore; STANDARD FIREWORKS PVT. LTD. VS STATE (NCT OF DELHI); Inox Leisure Limited VS Vemuri Venkata Sreeram Kumar]- "Essential ingredients" - (i) Declarations on PDP (principal display panel) including MRP, manufacturer/packer details, net quantity; (ii) Compliance by manufacturer/packer; (iii) Proper procedural steps for search/seizure with warrants where required; (iv) Proper party array (company vs officer) for cognizance; (v) Adherence to Rule 6(1)/(2), Rule 8, Rule 32; (vi) Notification and compounding provisions; (vii) Judicial review under Sec 482 Cr.P.C. [Studds Accessories Limited Office VS State Of Karnataka Represented By The Inspector Legal Metrology Department Inspection Squad-II; STANDARD FIREWORKS PVT. LTD. VS STATE (NCT OF DELHI); R. Panchapakesan (Managing Director) VS Inspector of Legal Metrology The Department of Legal Metrology; Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad]- "Scope of Section" - Applies to weights/measure and pre-packaged commodities across sale, distribution, or regulation; includes enforcement actions, penalties, and compounding; extends to interstate/intrastate issues depending on jurisdiction; includes consumer protection aspects via unfair trade practice (Rule 18(2)). [Hotel Navtara VS Kishore Mandrekar; Inox Leisure Limited VS Vemuri Venkata Sreeram Kumar; G. Devarajan VS Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai]- "Punishment for Section" - Penalties range from fines (e.g., Rs 2,000–Rs 5,000 or higher per offence) to compounding fees; in some cases, custodial penalties or higher fines under CrPC sections; courts have quashed proceedings where procedural defects occurred or where rules/overriding Acts were misapplied. [ series; Dhanuka Agritech Limited VS Government Of Maharashtra; IMS MERCANTILES PVT. LTD. VS UNION OF INDIA; Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad; Parle Agro Pvt. Ltd VS Senior Inspector]- "Judicial approach to pre-packaged declarations" - Courts stress strict compliance with Rule 6(1)/(2), Rule 8, Rule 9, and Rule 32; where declarations are missing or misprinted, cognizance can be valid, but quashing may follow if proper procedure not followed or if the case is abusive; distinctions drawn between loose vs pre-packaged goods. [H&m Hennes & Mauritz Retail Pvt. Ltd. VS Legal Metrology Department Govt. of NCT of Delhi; Kandukuri Garments VS Inspector of Legal Metrology; Studds Accessories Limited Office VS State Of Karnataka Represented By The Inspector Legal Metrology Department Inspection Squad-II; Hotel Navtara VS Kishore Mandrekar; IMS MERCANTILES PVT. LTD. VS UNION OF INDIA]- "Cognizance and Procedural Validity" - Criminal cognizance must be grounded in properly framed complaints with legitimate authority; officers cannot be sole accused if the company is the principal offender; lack of arraying the company invalidates proceedings; requirement of adherence to Section 200/204 CrPC and Section 49(4) of Act in some cases. [R. Panchapakesan (Managing Director) VS Inspector of Legal Metrology The Department of Legal Metrology; BALAKRISHNA S/O LAKSHMI NARAYANA VS STATE OF KARNATAKA; Leo Crasta Managing Director M/s Leo Consumer Products Private Ltd. VS State of Karnataka Rep. by Inspector of Legal Metrology Mangalore; Gujarat State Weights and Measures VS State of Gujarat; Godrej Consumer Products Ltd. VS Controller of Legal Metrology]- "Search and Seizure" - Section 15 of Act contemplates inspection/seizure with due process; absence of warrants or failure to follow procedural requirements can vitiate proceedings; multiple rulings stress mandatory reasons to believe and witnesses; violations justify quashing. [ITC Limited VS State Of Karnataka; Inox Leisure Limited VS Vemuri Venkata Sreeram Kumar; A. Valarmathi VS Commissioner of Labour, Office of the Commissioner of Labour, Teynampet, Chennai; NCL Industries Limited, a Company VS Union of India]- "Interplay with Special vs General Law" - Courts apply generalia specialibus non derogant; where insecticides were governed by a special Act (Insecticides Act) and packaging rules, Supreme Court-era harmonization allows the special regime to prevail over general LM Act in specific contexts; similarly, Rule 26/Rule 7–9 interactions may create non-applicability zones. [Dhanuka Agritech Limited VS Government Of Maharashtra]- "Liability of Directors/Company" - Directors may be acquitted or proceedings quashed if the company is not properly named as accused or if acts fall outside their individual liability; lavish emphasis on vicarious liability and the need for explicit allegations. [Radha Krishnan Vijay Krishnan vs State of Telangana, rep. by its Public Prosecutor; STANDARD FIREWORKS PVT. LTD. VS STATE (NCT OF DELHI); Hotel Navtara VS Kishore Mandrekar]- "RSP/Price declarations in packaging" - Rule 26/Rule 18(2) and 1st/2nd schedules regulate price declarations; MRP must reflect declared price; disputes arise when compounding or enforcement is inconsistent with rule frames; courts have upheld declarations against improper compounding or liability. [IMS MERCANTILES PVT. LTD. VS UNION OF INDIA; Hotel Navtara VS Kishore Mandrekar; Parle Agro Pvt. Ltd VS Senior Inspector]- "Overriding statutes and harmonization" - The Act’s Sec 3 and non-obstante clauses require harmonious construction with other statutes; where specific regulations exist under other Acts (e.g., Insecticides Act, 1968), those may prevail over LM Act where applicable. [Dhanuka Agritech Limited VS Government Of Maharashtra]- "Customer/consumer protection lens" - Several judgments tie LM obligations to consumer protection: legibility and prominence of declarations; protection against unfair trade practices under LM Rules 2011; cinema water cases; river sand measurement standards; taxi meters; fair pricing. [Hotel Navtara VS Kishore Mandrekar; Inox Leisure Limited VS Vemuri Venkata Sreeram Kumar; G. Devarajan VS Chief Secretary, Government of Tamil Nadu, Secretariat, Chennai; Parle Agro Pvt. Ltd VS Senior Inspector]- "Administrative implementation" - Government Orders reflect relaxation or adaptation of qualifications for LM officers (Rule 28/Rule 5 carve-outs) for existing officers or promotions; courts scrutinize whether relaxation is properly applied and prospective. [K. Lakshmi VS Commissioner of Labour Teynampet, Chennai; A. Valarmathi VS Commissioner of Labour, Office of the Commissioner of Labour, Teynampet, Chennai]- "Quantitative measures and calibration" - Calibration certificates and verification intervals are critical in LM enforcement for liquids, fuels, and weights; improper calibration procedures may invalidate actions; public trust doctrine invoked in procurement/tender contexts. [018000480?; Ashok Garg & Ors. VS M/s. Vikrant Oil Carrier & Ors. ; Pepsico India Holdings Private Limited VS State of Kerala] - "Duty free shops and jurisdiction" - LM Act may have jurisdictional limits; proceedings relating to duty-free shops at international airports can be quashed for lack of local jurisdiction; confirm territorial reach of LM Act. [Flemingo Duty Free Shop Pvt. Ltd. VS Kaushik Bhattacharya]- "Expressions of caution in enforcement" - Several orders caution authorities to ensure actions are legally sustainable, proportionate, and not used to harass; compounding powers limited by Section 48(3) and Rule 25 schedules; require adherence to statutory caps. [IMS MERCANTILES PVT. LTD. VS UNION OF INDIA; Hotel Savoy Bar VS State of Kerala; Maruti Suzuki India Ltd. VS State of Maharashtra]- "Recent thematic trend" - Across cases, courts emphasize due process, proper actor liability (company vs officer), and adherence to procedural safeguards when enforcing LM provisions; also recognize the need for harmonization with other statutes and respect for consumer rights. [Examples: R. Panchapakesan (Managing Director) VS Inspector of Legal Metrology The Department of Legal Metrology; Radha Krishnan Vijay Krishnan vs State of Telangana, rep. by its Public Prosecutor; Hotel Navtara VS Kishore Mandrekar]- "Practical takeaway for practitioners" - Ensure proper party designation (company as accused where applicable), verify compliance with Rule 6/7/8/9, ensure warrants where mandated, and check whether rules/regulations have been properly applied or overridden by higher statutes; consider premptively challenging actions on due process grounds. [R. Panchapakesan (Managing Director) VS Inspector of Legal Metrology The Department of Legal Metrology; H&m Hennes & Mauritz Retail Pvt. Ltd. VS Legal Metrology Department Govt. of NCT of Delhi; Manappuram Finance Ltd. VS Govt. of A. P. , Dept. of Legal Metrology, Rep. by Controller of Legal Metrology]- "Reference framework" - The following sources underpin the above contours: Legal Metrology Act, 2009; Legal Metrology (Packaged Commodities) Rules, 2011; Legal Metrology (General) Rules, 2011; various state enforcement rules (Kerala, AP, Tamil Nadu, Madhya Pradesh, Delhi, Gujarat, etc.); and landmark judgments on cognizance, search/seizure, compounding, and vicarious liability. [Multiple sources listed in the provided compilation]
TENTH SCHEDULE
APPLICATION FORM FOR REGISTRATION OF IMPORTER OF WEIGHTS AND MEASURES
[See Rule 15]
To
The Director of Legal Metrology,
Government of India,
New Delhi.
Sir,
I/We* hereby apply for registration of my/our* name(s) as importer of weights and/or measures. Particulars with regard to items specified in the table below are given against each such item. The registration fee of Rs........................has been paid in the treasury at...........................vide Chalan No.
.........................dated................
ELEVENTH SCHEDULE
REGISTER TO BE MAINTAINED BY THE MANUFACTURERS OF WEIGHTS AND MEASURES
[See Rule 24]
1. Name and address of the manufacturer....................................................................................
2. Description of the weight or measure.....................................................................................
3. (i) No. of the manufacturing licence......................................................................................
(ii) Date on which the licence was issued.............................................................................
(iii) Period of validi
TWELFTH SCHEDULE
SCALE OF FEE
[See Rule 25]
1. Approval of model At the rates specified in the Legal Metrology (Approval of Model) Rules, 2011 subject to the condition that total fee so charged is not more than Rs. 10,000/-
2. Verification and stamping of any Type of Weights and Measures: Weights and Measures specified in the Legal Metrology
(General) Rules, 2011 at total fee so charged is not more than Rs. 5,000/-
3. Issue of a copy of any document not being a document of a confidential nature At the rate of Rs. 10 for every 100 words or part thereof.
4. Registration/Renewal of registration of any person as an impo
THIRTEENTH SCHEDULE
Format for nomination of the Director by the Company
[See Rule 29]
Notice is hereby given that Shri/Smt/Ms.......................................................................Director of the..................(name and address of the company) has been nominated by the company by a Resolution passed at their meeting held on.......................at...........................to be incharge of, and be responsible for the conduct of business of the company or any establishment/branch/unit thereof and authorized to exercise all such powers and take all such steps as may be necessary or expedent to prevent the commission any offence by the said company under the Legal Metrology Act, 2009.
Shri/Smt/Ms...................................
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