Legal Metrology Act, 2009

S.47 Penalty for tampering with licence.

Whoever alters or otherwise tampers, with any licence issued or renewed under this Act or rules made thereunder, otherwise than in accordance with any authorisation 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.

(1) Any offence punishable under section 25, ¹[sections 27 to 39, section 41], 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, ¹[sections 27 to 39, section 41], or any rule made under sub-section (3) of section 52.

(3) The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 31, sections 33 to 37, ²[section 41,] sections 45 to 47, and any rule made under sub-section (3) of section 52:

(1) 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, the company for the conduct of the business of the company; and

(b) the company,

shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished acco

S.50 Appeals.

(1) 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 39, section 41 or any rule made under sub-section (3) of section 52, to the Central Government or any officer specially authorised in this behalf by that Government;

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

The provisions of the Indian Penal Code (45 of 1860) and section 153 of the Code of Criminal Procedure, 1973 (2 of 1974) 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 preparation of objects and equipments under sub-section (3) of section 7;

(c) physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of

S.53 Power of State Government to make rules.

(1) 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;

(b) registers and records to be maintained by persons referred to under sub-section (1) of section 17;

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 thereunder, 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 general or special direction or condition imposed by the State Government, any person authorised by the Central Government to exercise any powers may exercise those powers in the same manner and to the same extent as if they had been conferred on that person directly by this Act and not by way of delegation.

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.

(1) 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 (54 of 1985) which are in force immediately before the commencement of this Act shall remain in force until the State Government, makes rules in that behalf.

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 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), is hereby repealed.

(2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897), with respect to repeals, any notification, rule or order made under the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), shall, if in force, at the commencement of this Act, continue to be in force and have effect as if it was made under the corresponding provision of this Act.

(3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if

S.1 Short title, extent and commencement.

(1) 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 date¹ 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.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.

S.5 Base unit of weights and measures.

(1) The base unit of--

(i) length shall be the metre;

(ii) mass shall be the 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 be the candela; and

(vii)

S.6 Base unit of numeration.

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

(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.7 Standard units of weights and measures.

(1) 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.

(4) The physical characteristics, configuration, constructional details, materials, equipments, performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be prescribed.

S.8 Standard weight, measures or numeral.

(1) 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.

(4) No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8:

Provided that provisions of this section shall not apply for manufacture done exclusively for export or for the purpose of any scie

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 (2) shall not be deemed to be a valid standard.

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.

(1) 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

(e) express in relation to any transaction or protection, any quantity or dimension, oth

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.

(1) 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.

(3) The Director and every legal metrology officer, appointed under sub-section (1), shall exercise such powers and discharge such functions in respect of such local limits as the Central Government may, by notification, specify.

(4) Every legal metrology officer appointed under sub-section (1)

S.14 Appointment of Controller, legal metrology officers and other employees.

(1) 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.

(3) The Controller and every legal metrology officer, appointed under sub-section (1), shall exercise such powers and discharge such functions in respect of such local limits as the State Government may, by notification, specify.

(4) Every legal metrology officer a

S.15 Power of inspection, seizure, etc.

(1) 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 premises or are in the course of transportation,--

(a) enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto;

(1) 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.

(2) Every weight, measure or other goods seized under section 15 but not forfeited under sub-section (1), shall be disposed of by such authority and in such manner as may be prescribed.

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

(1) 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.

(1) 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 the package in such form and manner as may be prescribed.

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.

(1) 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 (60 of 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 qualifications, which a person shall possess in order to be eligible for admission thereto shall be such as may be prescribed.

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 twenty litre in capacity, which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors:

Provided further that the prescribed authority may, if he is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards established by or under this Act

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

(1) 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 (1), the Controller shall issue a licence in such form and manner, on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be prescribed.

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 may be prescribed.

(2) The Central Government may prescribe the kinds of weights and measures for which the verification is to be done through the Government approved Test Centre.

(3) The Government approved Test Centre shall be notified by the Central Government or the State Government, as the case may be, in such manner, on such terms and conditions and on payment o

S.25 Penalty for use of non-standard 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 ¹[one lakh rupees and for the second offence with fine which may extend to two lakh rupees and for the third and subsequent offence, with fine which may extend to five lakh rupees].

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 permitted to do so under this Act, shall be punished with a fine which may extend to twenty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to three years or with fine or with both.

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 ¹[fifty thousand rupees and for the second offence with fine which may extend to one lakh rupees and for the third and subsequent offence with fine which may extend to two lakh rupees].

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

(c) in buying any article or thing by weight, measure or number, fraudulently receives, or causes to be received any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or

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

Whoever, being required by or under this Act or the rules made thereunder 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 ¹[twenty-five thousand rupees and for the second offence with fine which may extend to fifty thousand rupees and for the third and subsequent offence, with fine which may extend to one lakh rupees].

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 ¹[fine which may extend to twenty-five thousand rupees and for the second offence with fine which may extend to fifty thousand rupees and for the third and subsequent offence, with fine which may extend to one lakh rupees].

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.

(1) 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 less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.

(2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fin

S.37 Penalty for contravention by Government approved Test Centre.

(1) Where any Government approved Test Centre contravenes any of the provisions of this Act or the rules made thereunder, 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 thereunder, wilfully verifies or stamps any weight or measure in contravention of the provisions of this Act or the rules made thereunder, he shall, for every such contravention, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both.

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 shall be punished with imprisonment for a term which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years.

S.41 Penalty for giving false information or false return.

(1) 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 a return or maintains any record or register which is false in material particulars, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

S.42 Vexatious search.

The Director, the Controller or any legal metrology officer, exercising powers under this Act or any rule made thereunder, 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

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.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 thereunder, wilfully verifies or stamps any weight or measure, in contravention of the provisions of this Act or of any rule made thereunder, 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 of seals, etc.

(1) Whoever--

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

(v) affixes the stamp so removed on, or inserts the same into, any other weight or measure,

shall be punished with imprisonm

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 thereunder, 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 thereunder 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.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 any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent, an importer, a manufacturer, who sells, supplies, distributes or otherwise delivers any weight or measure manufactured by him to any person other than a dealer;

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

Introduction

Section 2 of the Legal Metrology Act, 2009, provides the fundamental definitions essential for the interpretation and implementation of the Act. It lays down key terms such as "label," "pre-packaged commodity," "verification," and "weight or measure," which are crucial for understanding the scope and application of the law. These definitions ensure clarity and uniformity in the regulation of weights, measures, and packaged commodities across India.

What does Section 2 Say

Section 2 of the Act defines various terms used throughout the legislation. Notably:- "Label" (Section 2(f)): Any written, marked, stamped, printed or graphic matter affixed to or appearing upon a pre-packaged commodity.- "Pre-packaged commodity" (Section 2(l)): A commodity packed without the purchaser being present, in a package of whatever nature, so that the product contains a pre-determined quantity.- "Verification" (Section 2(g)): The process of comparing, checking, testing, or adjusting weights or measures to ensure conformity with standards.- "Weight or measure" (Section 2(w)): Any weight or measure specified or recognized under the Act, including weighing or measuring instruments.

Essential Ingredients

Clear and precise definitions to avoid ambiguity.
Inclusion of terms related to packaging, verification, and measurement standards.
Establishment of the scope of terms like "label" and "pre-packaged commodity" for regulatory purposes.
Definitions of responsible authorities such as "Controller" and "Legal Metrology Officer."
Clarification of procedures like "verification" and "forfeiture."

Scope of Section 2

Section 2 sets the foundation for the entire Act by defining key terms. Its scope includes:- Regulating packaging and labeling of commodities.- Ensuring accurate measurement and verification.- Providing definitions that guide enforcement agencies, manufacturers, and traders.- Clarifying the responsibilities of authorities and stakeholders.- Facilitating uniform interpretation across jurisdictions.

Punishment for Section

Section 2 itself does not prescribe punishments; it provides definitions. However, violations related to these terms—such as false labeling, packaging violations, or using unverified weights—are punishable under other provisions of the Act, notably Sections 16, 33, and 36, which prescribe fines and imprisonment for contraventions.

Legal Comments (with references)

"Definition of Label" - The term 'label' includes any price stamped on the product, and packages containing rubber stamps indicating retail sale price conform to statutory requirements [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" - The definition emphasizes that the product is packed without the purchaser present, which is central to regulation of declarations and labeling [Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. , Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. ].
"Verification" - The process involves checking weights/measures to ensure compliance with standards; crucial for enforcement actions .
"Weight or measure" - Encompasses any specified unit or instrument used for measurement, including weighing scales and measuring tapes .
"Label" - The label must contain mandatory declarations like MRP, net quantity, and manufacturing details; failure to do so can lead to penalties [Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. , 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].
"Scope of Definitions" - These definitions extend to packaging, labeling, verification, and standards, forming the core regulatory framework for weights and measures in trade .
"Enforcement Authorities" - The Controller and Legal Metrology Officers are empowered to inspect, verify, seize, and enforce compliance based on these definitions [, Vincent Panikulangara VS State of Kerala].
"Vicarious Liability" - The Act clarifies that directors or responsible persons can be prosecuted only if they are specifically nominated or responsible, as per Sections 49(2) and 49(4) [Maruti Suzuki India Ltd. VS State of Maharashtra, Renuka Mukesh W. Jagathia Director VS State of Karnataka represented by Inspector of Legal Metrology Mangalore].
"Packaging and Labeling" - Precise definitions of packaging and labeling obligations are essential for ensuring consumer protection and transparency [Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. , 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].
"Misbranding and False Declaration" - The definitions underpin the legal provisions against false labeling, misleading advertisements, and misbranding of packaged commodities [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, N. Karthikeyan VS State of Tamil Nadu, rep. by S. Dhayanithi, Assistant Inspector of Labour-V, Madurai].
"Legal Scope" - The definitions ensure that the Act covers all forms of measurement, packaging, and labeling, including digital and automatic weighing devices .
"Standards and Compliance" - The definitions align with international standards and ensure uniformity in enforcement, verification, and penalties [, Vincent Panikulangara VS State of Kerala].
"Penalties and Punishments" - While Section 2 does not specify punishments, violations of these definitions, such as incorrect labeling or packaging, attract penalties under Sections 16, 33, and 36 [, Hindustan Coca Cola Beverages (P) Ltd. VS Controller Of Legal Metrology].
"Legal Certainty" - Clear definitions prevent arbitrary enforcement and protect the rights of traders and consumers by providing legal certainty [Bangalore Book Sellers & Publishers Association, Bangalore VS State of Karnataka, Hotel Savoy Bar VS State of Kerala].
"Natural Justice" - Proper understanding of terms ensures fair procedures during inspections, seizure, and prosecution processes [Hindustan Unilever Ltd. VS State of Telangana, Rep. through Public Prosecutor, High Court for the State of Telangana, Hyderabad, IMS MERCANTILES PVT. LTD. VS UNION OF INDIA].
"Scope for Rule-Making" - The definitions serve as a basis for framing detailed rules regarding packaging, labeling, verification, and penalties [Vincent Panikulangara VS State of Kerala, Indian Beauty and Hygiene Association VS Union of India].
"Legal Hierarchy" - Section 2's definitions are subordinate to the main provisions of the Act but are crucial for correct interpretation and enforcement .
"International Alignment" - The definitions align with international metrology standards, facilitating trade and compliance with global norms [, ].
"Consumer Protection" - Proper definitions underpin consumer rights, ensuring that declarations on labels are truthful, clear, and verifiable [Philips Electronics India Ltd. Rep. by Ms. Roop Loomba VS Govt. of A. P. Rep. by its Principal Secretary, Legal Metrology Dept. , N. Karthikeyan VS State of Tamil Nadu, rep. by S. Dhayanithi, Assistant Inspector of Labour-V, Madurai].
"Legal Clarity" - The comprehensive definitions prevent legal disputes arising from ambiguous terminology, aiding enforcement agencies and courts [Renuka Mukesh W. Jagathia Director VS State of Karnataka represented by Inspector of Legal Metrology Mangalore, 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].

In summary, Section 2 of the Legal Metrology Act, 2009, provides the essential building blocks for the regulation of weights, measures, packaging, and labeling in India. Its precise definitions facilitate uniform enforcement, protect consumer interests, and ensure compliance with standards, while also delineating the responsibilities and powers of authorities and stakeholders. Violations of these definitions, when coupled with other provisions, attract penalties and legal sanctions to uphold fair trade practices.