Legal metrology refers to the regulation and standardization of measurement instruments and units of measurement. In India, the legal framework governing metrology is provided under the Legal Metrology Act of 2009. In this article, we will explore the key aspects of this Act including what it covers, when it was introduced, how it regulates trade and commerce, why legal standards are important, whom it applies to, whose responsibility it is, and where the Act is enforced.
What Does the Legal Metrology Act Cover?
The Legal Metrology Act covers all weights, measures, and weighing and measuring instruments used in trade and commerce. This includes scales, weights, measures of length, capacity, and mass that are used to determine the quantity, quality, and value of goods. The Act applies to primary standards of measurement, secondary standards, and working standards. It establishes standards for units of measurement and regulates pre-packaged commodities to protect consumers from unfair trade practices.
When Was the Legal Metrology Act Introduced?
The Legal Metrology Act was introduced in 2009 and came into effect on 1st April 2011. It replaced the earlier Standards of Weights and Measures Act of 1976. The new Act was introduced to keep pace with modern trade practices and evolving consumer needs. It incorporated provisions for legal metrology that were in line with international standards and practices. The Act aimed to establish a standardization framework and ensure the accuracy of weighing and measuring instruments used in commerce.
How Does it Regulate Trade and Commerce?
The Legal Metrology Act regulates trade and commerce by enforcing accuracy in weighing and measuring devices. It empowers inspectors to verify weighing scales and other measuring instruments used at shops, markets, and warehouses. Inspectors can seize or prohibit the use of any device found to be defective or non-compliant. The Act also regulates pre-packaged commodities to prevent unfair trade practices like under-filling of packages. Manufacturers and packers are required to declare net quantity, best-before date and other details on pre-packs. This protects consumers from being short-changed.
Why Are Legal Standards Important?
Legal standards for weights, measures and pre-packs are important to uphold integrity and fairness in business transactions. They ensure consumers get right quantity and quality of goods in exchange for the price paid. Standardisation promotes transparency and trust between buyers and sellers. It prevents losses to both parties that may occur due to measurement errors. Legal metrology Certificate also facilitates the free movement of goods across regions by establishing uniformity in units of measurement. This benefits both domestic and international trade.
To whom Does the Legal Metrology Act Apply?
The Legal Metrology Act applies to all individuals and entities involved in manufacturing, packing, selling, importing, distributing, or trading goods where weighing or measuring instruments are used. This includes manufacturers, importers, packers, dealers, traders, repairers and retailers. The Act empowers inspectors to verify compliance at any premises where weighing or measuring devices are in use for trade or commerce. For the regulation of the pre-packaged commodity in the country, you must have lmpc certificate. This will help you to regulate the packaged goods.
Whose Responsibility Is it for issuing the LM Certificate?
Under the Act, the responsibility of enforcing legal metrology standards lies with the central and state governments. At the central level, the responsibility lies with the Ministry of Consumer Affairs, Food and Public Distribution. The state governments appoint controllers of legal metrology who are responsible for the verification and inspection of weighing and measuring instruments within their jurisdiction. Manufacturers and traders also have the responsibility to ensure weighing devices used by them comply with standards.
Where Is the Legal Metrology Act Enforced?
The Legal Metrology Act is enforced across India by controllers of legal metrology appointed at the state and union territory levels. These controllers have powers to inspect premises, seize defective instruments and impose penalties. Their jurisdiction extends to the whole state/UT including rural, urban and tribal areas. The Act empowers them to verify compliance at any premises where weighing or measuring devices are used for trade, commerce or public service purposes. This includes shops, warehouses, markets, transport vehicles, petrol pumps, godowns and other establishments.
Conclusion
In conclusion, the Legal Metrology Act establishes a robust framework for standardization of weights, measures and pre-packaged goods in IndiIt aims to protect consumers from unfair trade practices and promote transparency in business transactions. The Act regulates the entire metrology value chain from manufacture to sale of weighing/measuring instruments. It empowers authorities to take action against non-compliant entities. While ensuring accuracy of devices, the Act facilitates free movement of goods and services across regions. Overall, it plays a vital role in upholding integrity in trade and commerce.
FAQs
What are the penalties for non-compliance under the Act?
The Act prescribes penalties in the form of fines and imprisonment for offences like selling non-standard goods, obstructing inspectors and tampering with seals on seized instruments. Penalties may range from Rs. 1000 to Rs. 10,000 with imprisonment up to 3 months for first offences. Repeat offences can attract higher fines and jail terms.
Who are the key authorities responsible for enforcement?
At central level, the responsibility lies with the Department of Consumer Affairs under Ministry of Consumer Affairs, Food and Public Distribution. At state level, controllers of legal metrology appointed by state governments are responsible for enforcement within their jurisdiction.
Which goods are exempt from the provisions of the Act?
Certain goods like LPG cylinders, CNG dispensers, milk and milk products, vegetable oil, hosiery and textile goods, bidis and cigarettes are exempt from the provisions of the Act.