The role of the Legal Metrology Act 2009 is to ensure the correct and accurate usage of weights and measures. Any person who manufactures, distributes or sells weights and measures should mandatorily obtain the Legal metrology certificate to run their business in India. Section 47 under legal metrology act, 2009 penalizes anyone tampering with a licence. If a person alters or tampers with any licence issued or renewed under this Act or rules made on this behalf will be penalized. These measures enhance the accuracy and correct usage of the license, which were obtained for weights and measures.
What Is Section 47 Under Legal Metrology Act, 2009?
Section 47 under legal metrology act, 2009 penalizes anyone tampering with a licence. If a person alters or tampers with any licence issued or renewed under this Act or rules made on this behalf, otherwise under any authorization made by the controller of the Act on this behalf, shall be punished with a fine which may extend to Rs.20, 000/-, or with imprisonment which may extend up to 1 year or with both.
What Is The Role Of The Legal Metrology Act?
The Legal Metrology Act replaces the standard weights and Measures Act. The following are considered the role of the Legal Metrology Act.
- Establishing and regulating the weights and measures of Law
- Supervising and controlling the weights and measures Law
- They facilitate traceability for measurement and measuring devices.
Understanding of the Legal Metrology Act and Its Rules
The Legal Metrology Act encompasses over 40 measuring and weighing instruments such as electronic, weighbridges, fuel pumps, water metres, sphygmomanometers, clinical thermometers, and other similar things.
This Act aims to set and enforce standards for weights and measures and measuring instruments, regulate trade and commerce involving weight, measure, or many goods, and address related matters and incidents. Even the section 47 under legal metrology act, 2009 penalizes anyone tampering with a licence.
The state or federal government officers do routine inspections on these weighing and measuring devices using the Standard Weights and Measures and the process defined in the Rules.
- In India, it regulates pre-packaged commodities, mandates labelling requirements before the sale, and strictly ensures the package’s weights and measures.
- According to the Legal Metrology Act, 2009[1], standards of weights and measures should be regulated and enforced by the Legal Metrology department officer, trade and commerce in weights or measures, and other goods sold or distributed by weight, measure or number are regulated, and any related matters are dealt with.
Who Can Obtain The Legal Metrology Certificate?
Any person defined under section 2(m) of the Legal Metrology Act, 2009, which includes a Hindu divided family, every department, every office, established organization, company, firm, trust, and co-operative society in India, who wishes to perform any trade about manufacturing, importing, packing of any such weights and measures or measuring instruments must mandatorily get themselves registered under the Legal Metrology Act. So the person after obtaining the license should not alter or tamper the license which may leads to penalty. Section 47 under legal metrology act, 2009 penalizes anyone tampering or altering the licence.
Procedure to Obtain a Legal Metrology Certificate
Obtaining a legal metrology certificate in India, getting registered and approvals and obtaining license counts for a vital process discussed below.
Registration of Companies/firm
Any company dealing in manufacturing, importing, or packaging weights and measures should register itself as a manufacturer, importer, or packer under the Legal Metrology Act.
Registration of Importer
Any importer who imports weights and measures, who wishes to import or pack any weights and measurements or any measuring instruments and any importer or packer who wishes to import or pack any pre-packaged commodity must get themselves registered under the Act accordingly within the prescribed time limit, i.e. within 90 days from import. Similarly, the packer also should register with the legal metrology Act.
Licenses under the Legal Metrology Act
The Department of Consumers Affairs has provided strict procedures and issued guidelines on providing permits needed under Legal metrology. License as a manufacturer, license as a dealer, and license as a repairer are required under legal metrology.
Approval of Models by the Test Centres
As per the Legal Metrology Act, to get the license, the manufacturers, importers or dealers’ weights and measures must be approved by the established test centres recognized by the Government of India. An application for approval of the model has to be filed along with all the supporting documents. After inspection of the model at the business premises, the controlling authority reviews the respective application, and the concerned certified laboratory grants an approval certificate.
Declarations on the Commodities Are Mandatory
An ever pre-packaged commodity which requires the LMPC license must bear declarations containing the name, address of manufacturer/ packer, date of origin, and a principal display panel in the package of the commodity. The sizes and patterns of these declarations can vary depending on the pre-packaged commodity type.
Verification and Stamping Of Weights and Measures
As per the rules of the Act, the weights and measures and measuring instruments must be verified and stamped, depicting the year placed by the legal metrology officer, who confirms whether the measurement instruments are as per the prescribed standards of the Legal Metrology Act.
Conclusion
The role of the Legal Metrology Act is to regulate and ensure the proper usage of weights and measures. Section 47 under legal metrology act, 2009 will penalize any person tampering with a licence obtained under Legal Metrology Act. If a person alters or tampers with any licence issued or renewed under this Act or rules made on this behalf will be penalized with a fine of Rs. 20,000/- and 1-year imprisonment.
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