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Verification in contravention of Act and Rules – Section 43 under Legal Metrology Act, 2009

calendar19 Apr, 2023
timeReading Time: 3 Minutes
Verification in contravention of Act and Rules - Section 43 under Legal Metrology Act, 2009

In India, Metrology is regulated and controlled by the Legal Metrology Act 2009, which replaces the legislation Standard Weights & Measures Act, 1976 and the Standards of Weights & Measure (Enforcement) Act, 1985[1]. The Legal Metrology Act of 2009 protects the environment, public safety, consumer & traders to help in fair trade. Section 43 under Legal Metrology Act, 2009 deals with penalties for verification in contravention of the Act and rules by the controlling authority of the Legal Metrology Department.

What Is Section 43 Under Legal Metrology Act, 2009?

Section 43 under Legal Metrology Act, 2009 deals with penalties for verification in contravention of the Act and rules. When the controller or any legal metrology officer exercising powers under this Act, at the time if he wilfully verifies or stamps any weights or measures in against the provisions of this Act or of any rule made on this behalf, he shall be punished for every such offence with imprisonment which may extend up to 1 year, or with fine which may extend to Rs.10000/- or with both.

Verification and Stamping Of Weight or Measure

Section 43 under Legal Metrology Act, 2009, the authority can be penalized for the wrong usage of his authority. To avoid that and ensure correct weights and measures, the following steps must be taken for proper verification and stamping of weights and measures.

  1. Every manufacturer or importer has any weights or measures in his possession, custody or control in the circumstances indicating that such weight or measure is intended to be used by the business in any transaction or for protection. The business entity, before putting such weights or measures into use or having such weights or measures verified at such place and during such hours as the controller may, by general or special order, specify on this behalf, on payment of such fees as may be prescribed.
  2. The Federal Government may prescribe the weights and measures for which such verification will be done under the Act through the Government approved Test Centres.
  3. The Government-approved Test Centres shall be notified by the Union Government or the State Government at time-to-time with such terms and conditions and on payment of the fee prescribed in the Act.
  4. The Government approved Test Centre shall appoint or engage persons having qualifications and experience to verify and stamp the weights and measures and collect a fee on such terms and conditions for the verification of weights and measures specified under sub-section (2) as may be prescribed by the Act

Approval of Model of Weights and Measures

Before manufacturing or distributing or importing any weights or measures, every person or business entity shall obtain the approval of the model of that weight or measure before starting production. Application for Approval of Model of Weights or Measures should be made to avoid penalization of section 43 under Legal Metrology Act, 2009

  • Full name and address and other details of the applicant or owner
  • If it is imported, the details of import from other countries, the name and address of the manufacturer, along with the dealer or importer  in India
  • A brief description of the weight or measures for which the model needs to be obtained
  • Possible uses for which the weights or measures are intended to be produced
  • A test procedure that the manufacturer should follow
  • Brand name and type of the  model of the weights or measure

Benefits of Ensuring Consumer Protection and Trade Practices

Following are the benefits of ensuring consumer protection & trade practices:

Protects From Unfair Trade Practices

Section 18 of the legal metrology act protects consumers from fraudulent and misleading trade practices. It helps to ensure that the customers get the correct and accurate information.

Maintains Fair Competition among Traders

Setting the rules and standards under Legal Metrology ensures the use of weights and measurements, the quality and quantity, and the manufacturer’s details from false and misleading descriptions on the label.

Promotes Confidence among Consumers

Legal Metrology ensures that the measures are accurately described and also increases the credibility of the traders among the consumers, which leads to increased consumer confidence in the market.

Promotes Standardization of Weights and Measures in the Country

The provisions of the rules LM legal metrology act standardize the weights and measurement systems used in India and helps to ensure that quantities of the product

Promoting Trade and Eliminating Disputes

The trade conflicts between the importers are eliminated when the measurement and quantity are subject to regulatory monitoring and testing by the authority. Legal Metrology ensures that by maintaining international standards using fundamental measuring tools.

Penalties Increase the Credibility Product

Penalisation, like sections 41 and 43 of the Act, provides imprisonment and fines for violations of its provisions, which acts as a deterrent to traders and even to officers to act according to the law and ensures fair trade practices.

Conclusion

The manufacturer or importer using weights or measures in any business transaction should follow all the rules under the Legal Metrology Act (LM) 2009. Section 43 under Legal Metrology Act, 2009 deals with penalties for verification in contravention of the Act and rules. Thus the LM Act ensures the correct weights and measurements for proper trade practices and good consumer protection.

Read Our Article: Penalties Under Legal Metrology Act – An Overview

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