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Provisions of any rule made under Section 52(1) under Legal Metrology Act, 2009

calendar21 Apr, 2023
timeReading Time: 4 Minutes
Provisions of any rule made under Section 52(1) under Legal Metrology Act, 2009

According to the Legal Metrology Act 2009, any person involved in the sale or distribution of weights or measures and measuring instruments or any import and export that deals with weights and measures needs to obtain the Legal Metrology Licence. Section 52(1) under Legal Metrology Act, 2009 ensures that the Central Government may, by notification in the official gazette, make rules time-to-time for carrying out the provisions of this Act to regulate and monitor the existence and usage of this Act.

What is section 52(1) under Legal Metrology Act, 2009?

Section 52(1) under Legal Metrology Act, 2009[1] ensures that the Central Government may, by notification in the official gazette, make rules time-to-time for carrying out the provisions of this Act.

What are the broad powers of section 52 under Legal Metrology Act, 2009?

The following is the provision that deals in section 52 of the Act:

  1. Section 52(1) under Legal Metrology Act, 2009 ensures that the Central Government may, by notification, enact rules for carrying out the provisions of this Act.
  2. In particular, section 52(2) says that without thinking generality of the preceding power, these rules may be for all or any of the following matters, namely
    • The rule can mention the specification of the base units of measures and base unit of mass under sub-section (2) of section 5
    • the manner of preparation of objects and equipment under sub-section (3) of section 7
    • Specifies physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests under sub-section (4) of section 7
    • The reference standards, secondary standards and working standards of weights and measures under sub-section (1) of section 9
    • The reference standards, secondary standards and working standards shall be verified and stamped and the fee under sub-section (2) of section 9
    • The weight or measure or number in which any transaction, dealing, or contract in respect of any goods, class of goods or undertakings shall be made under section 10
    • The qualifications of the Director and legal metrology officers under sub-section (2) of section 13
    • The qualification of the Controller and legal metrology officers under sub-section (2) of section 14
    • The manner of disposal of goods under sub-section (3) of section 15
    • The standard quantities or number and how the packages shall bear the declarations and the particulars under sub-section (1) of section 18
    • The manner and registration and the fee under section 19
    • the management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, and the qualifications which a person shall possess to be eligible for admission to it under sub-section (2) of section 21
    • The manner, fee and authority for approval of models under section 22
    • The kinds of weights or measures under sub-section (2) of section 24
    • How, terms and conditions on which and fee on payment which the Central Government shall notify the Government approved Test Centre under sub-section (3) of section 24
    • The qualifications and experience of persons appointed or engaged and the fee and terms and conditions on which Government approved Test Centre shall verify the weight or measure under sub-section (4) of section 24
    • The error in net quantity under sub-section (2) of section 36
    • The fee for compounding an offence under sub-section (1) of section 48
    • Form and manner in which notice to the Director or the Controller or any other officer authorised by him shall be given under sub-section (2) of section 49.
  3. In making or enacting any rule under this section, the Union Government may provide that a breach thereof shall be punishable with a fine extending to five thousand rupees.
  4. Every rule made by the Union Government under this Act should be laid, as soon as it is drafted, before each House of Parliament while the Houses are in session, for a total period of 30 days which may be comprised of one session or 2 or more successive sessions, and before the expiry of the session or immediately following the session or the successive sessions as said before, both Houses after agree in making any modification in the Act or both Houses does not agree with modification, the rule shall after that have effect only in such modified format, as the case may be. So, however, any such modification or annulment in the rule shall be without prejudice to the validity of that previously done under that rule.

What are the standard weights and measures?

According to section 2(w), “weight or measure” means a weight or measure specified under this Act and includes a weighing or measuring instrument. Section 52(1) under Legal Metrology Act, 2009 also ensures that the Central Government may, by notification in the official gazette, make rules under weights and measures time-to-time for carrying out the provisions of this Act.

Section 4 of the Act says that every unit of weight or measure shall be under the metric system based on the international system of units. The basis of weights or measures as per section 5 is as follows:

  • Length – metre
  • Mass – kilogram
  • Time – second
  • Electric – ampere
  • Thermodynamic temperature – kelvin
  • Luminous intensity – candela
  • Amount of substance – mole

Conclusion

The Legal Metrology Act gives instructions for authorisation on measurement, weighing and calculating devices in India. It safeguards buyers and provides safety to the citizens, sellers, and the environment. Section 52(1) under Legal Metrology Act, 2009 ensures that the Central Government may, by notification in the official gazette, make rules time-to-time for carrying out the provisions of this Act to regulate and ensure the weights and measures in India.

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

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