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Prohibition of quotation – Section 11 under Legal Metrology Act, 2009

calendar27 Apr, 2023
timeReading Time: 4 Minutes
Prohibition of quotation - Section 11 under Legal Metrology Act, 2009

The Legal Metrology Act establishes and ensures uniform standards of weights and measures that regulate the trade in weights and other goods sold or distributed by weight, measure or number. Section 11 under Legal Metrology Act, 2009 prohibits quotation in the package, otherwise than in terms of standard units of weight, measure or numeration and ensures the proper usage of weights and measurements in trade and commerce.

What is Legal Metrology?

Section2(g) treats Legal metrology as the part of metrology which treats units of weights and measurement, methods of weight and measurement and weighing and measuring instruments concerning the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weight and measurements.

What Is Section 11 Under Legal Metrology Act, 2009?

Section 11 under Legal Metrology Act, 2009 prohibits quotation in the package, otherwise than in terms of standard units of weight, measure or numeration.

  1. No person shall, concerning any goods, things or service can perform the following.
  2. Quote or make the announcement of, whether by word of mouth or otherwise, any price or charge or
  3. Issue or exhibit any price list, invoices, cash memo or another document, or prepare or publish any advertisement, poster or other documents of the product or
  4. Indicate the net or total quantity of a pre-packaged commodity, or
  5. Express concerning any transaction or protection, any quantity or dimension, otherwise than under the standard unit of weights, measure or numeration.
  6. The provisions of sub-section (1) under the Act shall not be applicable for the export of any goods, things or services. Concerning any goods, things or services, no one can (i) quote or announce any price-charge or; (ii) issue or exhibit price list, invoice, cash any memo or other document, or; (iii) prepare or publish any advertisement, poster or other documents, or; (iv) indicates the net quantity of a pre-packaged commodity, or; (v) express concerning any transaction or protection, any quantity or dimension otherwise than under the standard unit of weight, measure or numeration. Exporting goods, things, or services is exempt from the above social provisions.

Which Weights And Measures Are Non-Applicable For Stamping And Verification?

The Legal Metrology Act ensures the usage of weights and measures by properly verifying and stamping weights and measures. These verifications and stamping shall not apply to any weights and measures which are:

  1. Used in any industry exclusively engaged in the manufacture of arms, ammunition or both for the use of the armed forces by the Government.
  2. Used for scientific investigation or research purposes.
  3. Manufactured exclusively for export purposes.

How Is The Prohibition Of Quotation Ensured?

Section 11 under Legal Metrology Act, 2009 deals with the prohibition of quotation, etc., other than in terms of standard units of weight, measure or numeration. This Section provides that no Person, as in Sec.2 (m) i.e.

  1. A Hindu undivided family,
  2. Every department or office,
  3. Every organization established or constituted by Government,
  4. Every local authority that operates within the territory of India, a company,
  5. Firm and association of individuals,
  6. Trust constituted under an Act,
  7. Every cooperative society is constituted under an Act,
  8. Every other society registered under the Societies Registration Act 1860 (21 of 1860);

Shall, Concerning Any Goods, Things or Service

  • Quote, or make the announcement of, whether by word of mouth or otherwise, any price or charge, or
  • Issue or exhibit any price list, invoice, cash memo or other documents, or
  • Prepare or publish any advertisement, poster or other documents, or
  • Indicate the net or total quantity of a pre-packaged commodity, or
  • Express concerning any transaction or protection, any quantity or dimension,

Otherwise, measure or numeration in accordance with the standard unit of weight.

What Are The Penalties And Offences?

If section 11 under Legal Metrology Act, 2009 has been violated, then the following penalty and punishment

  • Penalty for quoting or publishing non-standard units under Section 29 – violation of Section 11 shall be punishable with an Rs. 10,000/-fine. For the second or subsequent offence, the person shall be punished with imprisonment extending to 1 year or with a fine with both.

Rules that apply to the Legal Metrology Act 2009

Following are some important rules that apply to the Legal Metrology Act 2009:

The Legal Metrology (National Standards) Rules, 2011

This rule is used to specify Units of Weight or Measures, National Standards, Reference, Secondary and Working Standards to bring uniformity in Indian standards.

The Legal Metrology (Numeration) Rules, 2011

To enforce procedure and manner for writing numbers in the packages or goods

The Legal Metrology (Approval of Models) Rules, 2011

To approve the metrological and technical characteristics of weights and qualities of physical weight representation or measure with prescribed tolerance.

The Indian Institute of Legal Metrology Rules, 2011

The institute ensures and imparts short-term and long-term training to enforcement officers of the Act.

The Legal Metrology (Packaged Commodities) Rules, 2011

This law ensures and regulates net quantity errors, standardises Net contents, mandatory declarations on all pre-packed commodities, and the role of importers of the pre-packaged commodities sold in India.

The Legal Metrology (General) Rules, 2011

To specify details of standards and commercial Weight or Measure with the denomination, physical characteristics, material, tolerance, design and performance.

Conclusion

The Legal Metrology Act has been enacted to establish and enforce standards of weights and measures and regulate trade and commerce weights and measures. Section 11 under Legal Metrology Act, 2009[1] ensures the prohibition of quotation in the package in terms of standard units of weight, measure or numeration to avoid any illegal trade and commerce in the Market.

Read Our Article: Use Of Weights And Measures For A Particular Purpose – Section 10 Under Legal Metrology Act, 2009

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