Legal Metrology License means that part of Metrology which treats units of weights & measurements, methods or weighing & measurement, and their instruments, in relation to the mandatory technical and legal necessities which have the objects of ensuring public guarantee from the perspective of security & accuracy of the weights & measurements. In this write-up, we are going to discuss the Suspension or Cancellation of Legal Metrology Act License.
What is Legal Metrology?
Before we discuss Suspension or Cancellation of Legal Metrology Act License, let’s understand the meaning of Legal Metrology. Metrology can be defined as a tool of measurement. Legal Metrology is the branch of law that deals with units of weights & measures in trade & commerce and goods sold or distributed by measures, weight, or numbers. It monitors the accuracy of weights & measurements and ensures its compliance with the Act & other technical standards.
The Legal Metrology Act was introduced to replace the Standard of Weights & Measures Act, 1976[1] and the Standards of Weights & Measures (Enforcement) Act, 1985. The provisions of the Act came into force on April 01, 2011. The Act was passed to set standards of measures & weights in trade & commerce and to guarantee the public security and legality in products or services of an owner.
Following are some salient features of the Legal Metrology Act:
- The Act defines the metric system as the units of measures & weights, which should be in accordance with the international system of units.
- As per Section 5 of the Act, the base unit of weights & measures are as follows:
- For time-second;
- For luminous intensity – Candela;
- For mass-kilogram;
- For length – meter;
- For electric current – ampere;
- For the amount of substance – mole;
- For thermodynamic temperature – Levin.
- The base units for numeration are specified as the international form of Indian numerals, numeration shall be made as per the decimal system, as mentioned under Section 6 of the Act.
- The Act authorised the Central Government to form rules as & when needed.
- Any non-standard weights & measures shall not be imported.
- All the repairers, sellers, and manufacturers need to obtain a license from their respective Controller.
- An importer needs to get registered themselves with the concerned Director.
- An individual dealing in importing or manufacturing shall get the consent of the model of weight and/or measure before manufacturing/importing from the competent authority.
- Any usage, method, practice, or custom apart from the manner prescribed in the Act which is contrary to the Act shall be void.
- The Act authorised the Central Government to form rules as & when needed.
- The Act facilitates the Union Government power to appoint a Director of Legal Metrology to accomplish duties concerning inter-state trade & commerce, and the Act also provides the State Government shall appoint a Legal Metrology Controller to perform duties regarding intra-state trade & commerce.
After discussing Legal Metrology Act, now let’s move towards Suspension or Cancellation of Legal Metrology Act License
Cancellation of Legal Metrology Act License
Following are the reason for the Suspension or Cancellation of Legal Metrology Act License:
- When the Controller is pleased after the inquiry that the license holder has contravened any law or has made incorrect or false statements of any nature mentioned under sub-rule (1), he or she shall cancel the Legal Metrology License. However, reasonable opportunity shall be provided to the license holder to show cause against such an order.
- Every licensee whose license was cancelled shall surrender their license to the competent authority.
- Every licensee after the suspension or cancellation of Legal Metrology Act License shall dispose of their weights & measures within 30 days of time, or any such further period, which shall not exceed three months. In case he or she fails to do so, then the Controller or any such authority/officer authorised on their behalf, in writing, may seize & dispose of/distribute, in the manner prescribed.
- In case any license holder makes any statement that is false/incorrect in any material particular/has contravened any provision of the Act/any rule, then the Controller or any other officer certified by them may order to cancel the license. However, a sensible opportunity shall be given to the owner of the license to show cause against such an order. Moreover, if the inquiry is not completed within 3 months from the suspension date of the license, such suspension or cancellation shall stand vacated on the expiry of such period.
- The licensee shall immediately stop worming and shall not resume business after their license gets suspended.
Conclusion
Hence, from the above discussion of suspension or cancellation of Legal Metrology Act License, it is concluded that the Legal Metrology Act was passed to keep in check the weights & measures in the goods and only the stakeholders have authority to repair, deal, or manufacture with such products/import in the market with an appropriate license, any contravention to the Act is an invitation to penal offences.
Read our Article:How to obtain Repairer license under Legal Metrology Act?
