State Enforcement Rules

The Legal Metrology Enforcement Rules is the tool by which the State Authorities enforce various provisions of the Legal Metrology Act, 2009 and Rules made thereunder. Section 53 of the Act provides that State Government may make rules, after consultation with the Central government, for carrying out various provisions of the Act.

Different State Governments have notified their Enforcement Rules to be effective from different dates and also there are some deviations from the Model Rule circulated by the Central government.

The Rules of a particular state should be consulted for the exact provision and the Schedule applicable in that state.

Provisions of the Model Rules

[No Rule number is quoted here as it varies from state to state due to rearrangement of clauses.]

Use of bullion and carat weights and scales

  • Only bullion weights should be used for transaction in precious metals, pearls, gold and silver articles.
  • Carat weights should be used in transaction in precious stones.
  • Only Beam Scales of Class A or B category or electronic scales of Class I or II should be used.

 

Use of weights/measures/number

Items listed in the Schedule i should sold by weight or measure or number given in that schedule. Other items will be sold by;

  1. Weight, if the item is solid, viscous or a mixture of solid or liquid
  2. Length, if sold by linear measurement
  3. Area, if sold by area measure
  4. Volume, if the article is liquid or sold by cubic measure
  5. Number, if the item is sold by number

Licensing conditions for manufacturer, dealer and repairer of weights and measures

  • Manufacturers, Dealers and Repairers of weights and measures should apply for license to the Controller of Legal Metrology of the state in a prescribed format.
  • A manufacturer may repair his own products in any other state without license but in his own state he will need a repairing license.
  • The license will be valid for one year initially and an application, in a prescribed format, for renewal should be filed within thirty days before the expiry of validity. The license may be renewed for one to five years.
  • The applicant has to pay licensing fee at a prescribed rate. He will also have to make a security deposit.
  • The license should be displayed prominently at the place of business.
  • A license is not saleable nor transferable.

Repairing your own machines?

The SoWM (Enforcement) Act of 1985 allowed you to repair your own weights and measures without any license, but the Legal Metrology Act, 2009 has no such provision.
However, some states like Maharashtra allows you to do so while in other states, you may be penalized. Consult your State Rules.

Suspension and cancellation of license

A license may be suspended and finally may be cancelled, if an enquiry shows that the licensee was obtained by furnishing false information or the licensee has violated any provisions of the Act or Rules or terms or conditions of license.

During the suspension period, the licensee cannot continue his business but, if the enquiry is not completed within three months, the suspension order lapses automatically.

Records and Registers

A licensee must keep records and registers in the prescribed format and submit then when asked for.

Verification and Inspection

  • Every weight or measure used in any transaction or protection shall be presented before the LMO on or before the date of verification falls due. If the machine cannot be moved, the request for verification should be sent to the LMO at least thirty days beforehand.
  • For verification, a fee, as prescribed, will be payable beforehand and additional fee will be charged for any delay.
  • The LMO will visit every premises where weights and measures are used and inspect them. He may obliterate the stamp if the weight or measure has not been re-verified within due date or it has developed error beyond MPE. (Maximum Permissible Error)
  • He may also seize the weight or the measure if found non-conforming to the standard.

MPE Limit

For NA weighing instruments, the MPE is twice the value of MPE during verification and reverification.

STAMPING

  • After verification and on satisfaction that the weight or measure conforms to the standard, it will be stamped with a seal of the LMO.
  • On completion of verification and stamping, a Verification Certificate will be issued. The Certificate should be prominently displayed at the place of business.

SEALING

There are provisions for sealing an instruments in the Legal Metrology (General) Rules. Many states has specific provision for sealing while in others it is not expressed. However, the sealing is an integral part of verification.

Validity of stamped weights and measures

  • A weight or measure verified and stamped, shall remain valid throughout the state of verification unless it has been dismantled and reassembled at another place. In that case, it will require re-verification.
  • A verified weight or measure will require re-verification if it is repaired.

What amounts to repair

The term 'repair' has not been defined in the Act or in the Rules. However, from the definition of 'repairer' given in the Act, it may be presumed that repairing means adjustment, cleaning, lubricating or painting or doing anything to make the weight or measure conform to the standard.

Other Major Provisions

  • A beam scale must be suspended from a stand where it is used.
  • Any weight or measure which has been verified in-situ, shall not be removed from its place without intimation to the LMO.
  • A user of a weighing instrument should keep verified weight of 1/10 th of maximum capacity of the instrument at the site of use so that consumers may check the accuracy of the instrument.
  • At a petrol or diesel pump, a verified 5/10 litre can should be kept for checking accuracy of the dispenser everyday. In case of any detected short delivery, the pump should not be operated and the LMO should be immediately informed.
  • Offenses, stated under Section 48(3) of the act may be compounded by paying a prescribed fee.
  • Any order passed by an officer may be appealed against before the next higher authority.