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Mis-interpretation of Section 36(1) of the Legal Metrology Act, 09

It is reported that Legal Metrology Officers of various states are booking cases under Section 36(1) for violations of provisions of Section 18(1) of the Legal Metrology Act of 2009, that is for failure to provide all or any of the declarations required to be given under the provisions of Rule 6(1) of the LM (PC) Rules. This is wholly mis-interpretation of the provision and improper.

Regional Laboratories to receive applications for Approval of Models of Weights and Measures

Now the recognized Laboratories (RRSLs) may receive the applications from the manufacturers of weights and measures of their regions directly for testing of models for which the facility is available with that laboratory. The notification has been issued vide S.O. 824(E) dated 19.03.2014 of the Consumer Affairs Department, GOI.

The Legal Metrology (Government Approved Test Centre) Rules, 2013 notified

In persuance of provisions of Section 24(2) and (3) of the LM Act,the GOI has notified the LM (GATC) Rules, 2013 vide GSR 593(E) dated 05.09.2013. Government Approved Test Centres, owned and run by private entrepreneurs, will now verify weights and measures listed in the First Schedule at the fee prescribed in the Enforcement Rules of the state concerned. This is in sharp contrast to the provisions of Section 24(1) of the Act.

PC Rules Amended - 1st Amendment of 2013

The Legal Metrology (Packaged Commodities) Rules,2011 has been amended vide notification no. GSR-359(E) dated 06.06.2013.
Salient features
  • Definition of "institutional consumer" modified.
  • LPG delivery boys to carry weighing instruments to check the content.
  • Rule 32 amended to specify compounding amount for violation of Section 29, 36(1) and (2) and selling at more than MRP[Rule 18(2)].
  • The Second Schedule now allows more option in packing sizes.

Legal Validity of the New Rule 32(3) of the LM (Packaged Commodities) Rules

A question arises whether the new rule, 32(3) of the Packaged Commodities Rules, may be directly implemented by State Governments. The answer is categorically no. Moreover, the states have made a schedule for compounding sums for various offenses in their Enforcement Rules, in exercise of powers given under Section 53(2)(f). They must respect their own Rules.