Legal Metrology

Giving False Information or Return – Section 41 under Legal Metrology Act, 2009

calendar15 Apr, 2023
timeReading Time: 4 Minutes
Giving False Information or Return - Section 41 under Legal Metrology Act, 2009

The Legal Metrology Act enforces standard weights and measures. Almost every business in India that handles weights and measures is impacted by the Laws of Legal Metrology being involved in the sale, distribution or any transaction of goods by weight, measure or number. According to section 41 under Legal Metrology Act, 2009, any business owner, Manufacturer or importer may be punished for giving false information or a false return. So the Act tries to ensure the consumer the best trade practices.

What is Section 41 under Legal Metrology Act, 2009?

The following are the penalty for giving false information or false return in section 41 under Legal Metrology Act, 2009:

  • Suppose any person gives information to the director, the controller or the legal metrology officer, based on the information. In that case, the officer may enquire about such a person as part of his duty, whether such person either knows or has reason to believe to be false. If the information given by such a person is false, he shall be punished with a fine which may extend to Rs.5000/- and for the subsequent offence with imprisonment for six months and a fine.
  • The officer is required under this Act to submit a return or maintain any record or register found to be false in material facts and shall be punished with a fine, which may extend to Rs.5000/-and for the subsequent offence, with imprisonment for one year and also with fine.

Major Stakeholders of Legal Metrology Act, 2009

The Major Stakeholders under the Legal Metrology Act are defined as

  • Manufacturer: A person or a business entity which manufactures weights or measures, any commodity in packaged form, one or more parts of weights and measures, and acquires other parts of such weight or measure and, after assembling those parts, the end product to be a weights or measures manufactured by the business themselves.
  • Dealer: A person who carries a business directly or otherwise, by buying, selling, supplying or distributing any weight or measure for a worth consideration is called a dealer as per the Act.
  • Packer: A person or business unit which pre-packs any commodity in any bottle, tin, wrapper or otherwise, in suitable units for sale, whether wholesale or retail, is known as a packer as per the Act.
  • Importer: Any individual, firm or legal entity that brings goods, or causes commodities to be brought from a foreign country into Indian Territory, then those persons are called an importer.
  • Repairer: A person who repairs weights or measure, which includes works like adjusting, cleaning, lubricating or painting any weight or measure or rendering any other service to such weights or measures to ensure such weight or measure is in proper condition in line with the standards established by or under Legal Metrology Act.

Important Legislation and Regulation under Legal Metrology Act

The followings are the rules and legislation that are formed under Legal Metrology Act

  • Legal Metrology (Packaged Commodities) Rules, 2011
  • Legal Metrology (General) Rules, 2011
  • Legal Metrology (Approval of Models) Rules, 2011
  • Legal Metrology (National Standards) Rules, 2011
  • Legal Metrology (Numeration) Rules, 2011
  • Indian Institute of Legal Metrology Rules, 2011
  • Legal Metrology (Packaged Commodities) Rules, 2011

Applicability of Section 41 under Legal Metrology Act, 2009

The Legal metrology act’s provisions help mitigate the false weights and measures. Section 41 under Legal Metrology Act, 2009 also penalises the person who provides false information to the officers.

  • Persons or businesses who are using any form of  weights or measures in any business transaction, or Industrial Production, or Protection
  • Manufacturer, retailer, wholesaler, trader, repairer of any of them who uses weights or measures and also importer and packer of any item related to weights, measures and numbers.

Substantial compliance of the Legal Metrology Act

Following are the substantial compliance of the Legal Metrology Act:

Licensing of Manufacturer, Repairer and Dealer of Weights and Measures

  • Every Manufacturer, repairer and dealer of weights and measures is mandatorily required to obtain a license issued by the controlling authority of the Legal Metrology department.
  • An application must be filed in the Legal Metrology department along with details such as name, address of premises, name of commodity and requisite fee, which may vary from state to state.

Verification and Stamping Of the Weights and Measures

  • Every person, whether manufacturing unit or importer using any weights or measures or measuring instrument in any business transaction, must get verification and Stamping of weight and measurement instruments with the concerned authority of the Legal Metrology department.
  • Sale, distribution or use of any weights or measuring instrument are only allowed with verification and Stamping from the proper authority.
  • The weights & measures which cannot be moved from their location are verified & stamped at their location itself by the authorized officer from the Legal Metrology department.
  • Re-verification is mandatory to continuously use weight and measure for any transaction if the previous verification is expired.

Approval of Model of Weights and Measures as Per Legal Metrology Act

Before manufacturing or importing any weights or measures, every person shall obtain prior approval of the model of those weights or measures from the legal metrology department. Application for Approval of Model of Weight or Measure shall contain the following details.

  • Full name and address of the applicant or the owner of the premises.
  • If the weights and measures model is imported from other countries, then the name and address of the Manufacturer, along with the dealer or importer in India.
  • A brief description of the weights or measures that needs the approval of the model.
  • List all the possible uses for which the weights or measures are intended to be produced.
  • What are all the test procedures followed by the Manufacturer for the models.
  • Provide the brand name and type of the weights or measures.

Conclusion

Every person using any weights or measures in any transaction or for protection should follow all the rules of the Legal Metrology Act (LM). Section 41 under Legal Metrology Act, 2009[1] provides a penalty for giving false information about the Manufacturer or importer or false return of goods. It ensures the correct weights and measurements for proper trade practices.

Read Our Article: What Are The Legal Metrology Laws In India?

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