Alteration of Weight & Measure – Section 26 under Legal Metrology Act, 2009

The Legal Metrology Act has been enacted to regulate and enforce the standards of weights and measures. The Act is responsible for maintaining uniformity and accuracy in the weights and measures used by traders in India. Section 26 under Legal Metrology Act, 2009 provides a penalty for alteration of weight and measure. When any person tampers or alters increases or decreases in any way, by any reference standard or working standard of any weight or measure. This section helps to ensure the proper usage of weights and measures.

What is section 26 under Legal Metrology Act, 2009?

Section 26 under Legal Metrology Act, 2009 provides a penalty for alteration of weight and measure. When any person tampers or alters in any way, by any reference standard, secondary standard or working standard or increases and decreases or alters any weight or measure intending to cheat any person by knowingly or having reason to believe that any person has been deceived, except where such changes is made for the correction of any error during the verification process, shall be punished or penalised with fine which may extend to Rs.50,000/- and for the subsequent offence with imprisonment which shall not be less than 6 months but which may extend to 1 year/with fine/with both.

Licencing Of the Manufacturer, Repairer & Dealer of Weights and Measures

Every manufacturer has to obtain a license for weights and measurements. If any person tampers such weights and measurements, they are penalized in section 26 under legal metrology Act, 2009. The followings are the rules and procedures for obtaining new and renewing licenses.

1. Every manufacturer, repairer, and dealer has to apply an application for a license in weight & measures to the Controller of Legal Metrology/any such officer authorized by him on his behalf, which is to be filed as per the form set out in Schedule II-A. It is vital to note here that if a manufacturer, repairer, or dealer operates their business in the Sixth Scheduled areas of Meghalaya, they must obtain a Trading license from the respective autonomous District Councils (DCs) of the State of Meghalaya in addition to a legal metrology certificate.
2. Every manufacturer, repairer, or dealer who deals with weight and measure or measuring instruments shall apply for renewal of licenses within 30 days before the expiry of the licenses validity, making an application to the Controller Legal Metrology/such officer authorized or certified by him on his behalf, as per the form set out in Schedule II-B of the Act.
3. A manufacturer, repairer/dealer must be awarded a license in the form prescribed in Schedule III of the Act.
4. The license issued shall be valid for a minimum of one calendar year and a maximum of five years. It may be renewed by the Controller or any such authorized officer for one to five years upon payment of the yearly fees outlined in Schedule IV of the Act.
5. For the issuance of any duplicate license or alteration of a license already obtained, the fee shall be half of the license fee as prescribed in Schedule IV of the Act. Suppose the applicant makes an application for the license renewal within three months from the expiry date. In that case, the applicant shall pay an additional fee at the total rate as specified in Schedule IV of the Act to the Controller of the Legal Metrology department.
6. Schedule V facilitates that the Controller or any authorised person shall maintain a register of licensed manufacturers, dealers & repairers.
7. The manufacturer, repairer/dealer who is licensed under these rules shall maintain such workshop or equipment or tools or register as per the case may and terms & conditions of the license.
8. A security deposit must be provided to the relevant State Government for each license by the repairer or manufacturer licensed under this Act and Rules as specified in Schedule VI.
9. The issued license shall be displayed where the licensee carries their business.
10.  A license, once issued under the Legal Metrology Act, is non-transferable or saleable.

Features of the Section 26 under Legal Metrology Act

The following are the features of the Legal Metrology Act. Section 26 under Legal Metrology Act, 2009 provides penalties for altering the weight and measures. Hence the following features has to be ensured to avoid penalization

• Any custom usage, practice/method apart from the manner prescribed in the Act which is contrary to the Legal Metrology Act shall be void.
• The Act empowered the Union Government to form rules as and when required for regulating weights and measures.
• The Act allows the union Government to appoint a Director of Legal Metrology to perform inter-state trade and commerce duties. The Act also provides that the State Government shall appoint a Controller of Legal Metrology to perform intra-state trade and commerce duties.
• A person dealing in manufacturing/importing shall get the approval of the model of weight/measure before manufacturing or importing from the competent authority.
• An importer needs to get themselves registered with the concerned Director.
• All manufacturers, repairers, and sellers must obtain a license from their respective Controller of the Legal Metrology Department.
• The Act also allows test centres to verify weights & measures approved by the Government.
• Any non-standard weights & measures shall not be imported.

Conclusion

Section 26 under Legal Metrology Act, 2009^[1] provides a penalty for alteration of weight and measure. When any person tampers or alters increases or decreases in any way, by any reference standard or working standard of any weight or measure. This section helps to ensure the proper usage of weights and measures. Thus to safeguard the business against any penalization, the manufacturer or importer must maintain the proper procedures of the Act.

Read Our Article: Penalties Under Legal Metrology Act – An Overview