The Legal Metrology Act is enacted to regulate the trading and usage of weights and measures and measuring units in India. Section 10 under Legal Metrology Act, 2009 ensures that the use of weight or measure for particular purposes, that is, for any transaction of goods, dealing or contract in respect of any goods as per the Act.
What Is Section 10 Under Legal Metrology Act, 2009?
Section 10 under Legal Metrology Act, 2009[1] ensures that the use of weight or measure for particular purposes, that is, for any transaction, dealing or contract in respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as may be prescribed under the Act.
Who Needs To Register And Get The Legal Metrology Certificate?
Following is the list of individuals who needs to register and get the Legal Metrology Certificate:
Importing/Manufacturing/Packaging of Packaged Goods Registration
Rule 27 of the Legal Metrology (Packaged and Commodities) Rules, 2011, states that every importer, maker, or packer must register with the Legal Metrology Department to get the desired license.
Importing Weights and Measurements Registration
- Section 19 of the Legal Metrology Act
No person or organization has the power to import any weights or measures unless registered with the Director of the Legal Metrology Department or in any authorized manner with the required fees paid.
- Section 38 of the Legal Metrology Act
Each person or any organization has the power to import or manufacture any weights or measures without being registered under the Act. If any person or organization violates the provision, they shall be fined up to Rs. 25,000 and imprisoned for up to six months, a fine, or both for the second or consecutive crime.
Benefits of Obtaining a Legal Metrology Certificate
Section 10 under Legal Metrology Act, 2009 ensures that the use of weight or measure for only particular purposes of a business, that is, for any business transaction, dealing or contract in respect of any goods or usage of weights and measures prescribed under the Act.
Reduces the Cost and Time
When measurements are followed correctly under all the regulations and requirements of the Legal Metrology Act, it saves the consumer and trader’s cost and time.
Supports the Trade Activity
The Legal Metrology Act keeps a check on any illegal or unfair trade practices. It ensures that the measuring instruments and the weights are in good functioning condition and are under regulations supporting fair trade practices.
Helps To Get Government Funds
Excise duties on products manufactured, sold, imported and exported and tax on measurements are utilized by the government to generate money. The Legal Metrology Act makes sure that the government and businesses are treated fairly when it comes to tax payments and encourages a positive approach towards the traders.
Reduces Trade Technical Trade Barriers
The Legal Metrology Act reduces the burden of technical restrictions and doubt and helps to improve measuring confidence and clarity among traders. Using the Legal Metrology Act, a merchant can avoid unnecessary hurdles in the adoption, application, and assessment of technical rules, standards, and conformity assessment procedures.
Increase Consumer Trust
When the consumers realize they are receiving a product that complies with the norms and laws, their trust and faith in the business grow, leading to a healthy and strong trading relationship.
Criteria for Standard Weight, Measure or Numeral
As per the Legal Metrology Act, the weights and measures should possess the standards prescribed here. Section 10 under Legal Metrology Act, 2009, conforms that only the approved standard weights and measures can be used for transaction purposes only.
- Any weight or measure used by the business conforms to the standard unit of such weight or measure and also conforms to the provisions of section 7 as are applicable to the standard weight or measure.
- Any numeral that conforms to section 6 shall be considered a standard numeral.
- No weights, measures or numerals other than the standard weight, measure or numeral shall be used as a standard weight, measure or numeral in the transaction.
- No weights or measures shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8. These provisions shall not apply to the manufacturer who has done exclusively for export or for any scientific investigation or research.
What Can Constitute Standard Weights And Measure?
- The base units of weights and measures that are specified in section 5 of the Act shall only be considered standard units of weights and measures.
- The base unit of numeration or numbers specified in section 6 shall be considered the standard unit of numeration.
- For the purpose of deriving the value of base and other units mentioned in section 5 of the Act, the Union Government shall prepare or cause to be prepared objects or equipment in such manner as may be prescribed in the Act.
- The physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of re-verification, and methods or procedures of tests should be as prescribed in the Act.
Conclusion
Legal Metrology creates the uniformity of weights and measures and measuring units along with trade and commerce related to weights, measures or numbers and the goods sold and distributed via weighing, measurement and numbers. Section 10 under Legal Metrology Act, 2009 conforms to this by using the standard or allowed weights and measures only for business transactions and selling goods and services.
Read Our Article: Meaning Of Weights And Measures Under Legal Metrology
