The Legal Metrology Act, 2009 (Bare Act)/ Universal Law Publishing

THE LEGAL METROLOGY ACT, 2009
Comparative Chart of Sections of the Standards of Weights and Measures Act, 1976 and the Legal Metrology Act, 2009
Introduction
CHAPTER I
PRELIMINARY
Sections
1. Short title, extent and commencement
2. Definitions
3.' Provisions of this Act to override provisions of any other law . . i
CHAPTER II
STANDARD WEIGHTS AND MEASURES
4. Units of weights and measures to be based on metric system .
5. Base unit of weights and measures
6. Base unit of numeration
7. Standard units of weights and measures ' .
8. Standard weight, measure or numeral 9. Reference, secondary and working standard 10. Use of weight or measure for particular purposes
11. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or numeration
12. Any custom, usage, etc., contrary to standard weight, measure or numeration to be void
CHAPTER III
APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER
AND LEGAL METROLOGY OFRCERS
13. Appointment of Director, legal metrology officers and o^er employees 14. Appointment of Controller, legal metrology officers aiui other employees
15. Power of inspection, seizure, etc.
16. Forfeiture
17. Manufacturers, etc., to maintain records and registers
18. Declarations on pre-packaged corrunodities 19. Registration for importer of weight or measure 20. Non-standard weights and measures not to be imported 21. Training in Legal Metrology 22. Approval of Model 23. Prohibition on manufacture, repair or sale of weight or measure without licence
CHAPTER IV
VERinCATION AND STAMPING OF WEIGHT OR MEASURE
24. Verification and stamping of weight or measure

CHAPTER V
OFFENCES AND PENALTIES
Penalty for use of non-standard weight or measure
Penalty for alteration of weight and measure Penalty for manufacture or sale of non-standard weight or measure
Penalty for making any transaction, deal or contract in contravention of the prescribed standards
Penalty for quoting or publishing, etc., of non-standard units . Penalty for transactions in contravention of standard weight
or measure Penalty for non-production of documents, etc. Penalty for failure to get model approved Penalty for use of unverified weight or measure Penalty for sale or delivery of commodities, etc., by non-standard weight or measure Penalty for rendering services by non-standard weight, measure or number Penalty for selling, etc., of non-standard packages Penalty for contravention by Government approved Test Centre. Penalty for non-registration by importer of weight or measure . Penalty for import of non-standard weight or measure Penalty for obstructing Director, Controller or legal metrology officer Penalty for giving false information or false return
Vexatious search Penalty for verification in contravention of Act and rules Penalty for counterfeiting of seals, etc. Penalty for manufactine of weight and measure without licence Pen3lt>' for repair, sale, etc., of weight and measure without Ucence Penalty for tampering with licence Compoimding of offences Offences by companies and power of court to publish name, place of business, etc., for companies convicted
p of lodi.0 Pon.1 Codo «.d Codo of Criodnal Procedure not to apply Power to the Central Goverrunent to make rules Power of State Government to make rules Delegation of powers
rrcui to aoolv hi certain cases
Srdi S'wSS°«tud°'M.SStufo»S .
24
THE STANDARDS OF WEIGHTS AND MEASURES
ACT, 1976
Introduction
PART I
PROVISIONS APPLICABLE TO EVERY PART
Sections
1. Short title, extent and commencement
2. Definitions 3. Provisions of this Act to override the provisions of any other law
PART U
ESTABLISHMENT OF STANDARDS OF WEIGHTS AND MEASURES
CHAPTER 1
STANDARD UNITS 4. Units of weight or measure to be based on metric system
5. Base unit of length
6. Base unit of mass
7. Base unit of time
8. Base unit of electric current
9. Base unit of thermodynamic temperature 10. Base unit of luminous intensity
11. Base unit of amount of substance 12. Supplementary, derived, special and other units of weight or measure—their symbols, definitions, etc.
13. Base urut of numeration
14. Standard unit of weight or measure
CHAPTER n
PHYSICAL REPRESENTATION OF STANDARD UNITS 15. National prototypes
16. National standards 17. National prototype and luitional standard how to be kept 18. Reference, secondary and working standards 19. Power of Central Govermnent to prescribe physical characteristics, etc., of weights and measures
CHAPTER III
STANDARD WEIGHTS AND MEASURES 20. Standard weight or measure ^ ^ 21. Use of non-standard weight or measure prohibited 22. Manufacture of non-standard weight or measure prohibited 23. Prohibition with regard to inscriptions etc.
CHAPTER IV CUSTODY AND VERIFICATION OF STANDARD EQUIPMENTS
24. Supply, etc,, of reference standards

25. Preparation and custody or secondary or working standards . . . 38 26. Verification, stamping, etc., of secondary or working standards. . . 38 27. Secondary or working standard which may be stamped . . . 38
PART m
APPOINTMENT AND POWERS OF DIRECTOR AND OTHER STAFF 28. Appointment of Director and other staff . . . 38 29. Power of inspection, etc. . . . 39
30. Forfeiture • • •
PART IV
. INTER-STATE TRADE OR COMMERCE IN WEIGHT, MEASURE OR OTHER GOODS
CHAPTER I
APPLICABILITY OF THIS PART
31. Part rV to apply to inter-State trade or commerce only CHAPTER H
GENERAL
32. Use of weights only or measures only in certain cases 33. Prohibition of quotations, etc., otherwise fiian in terms of standard units of weights, measures or numeration 34 _ Any custom, usage, etc., contrary to standard weight, measure or numeration to be void 35. Manufacturers, etc., to maintain records and registers CHAPTER in
APPROVAL OF MODELS
36. Approval of models _ 37 Ucence to manufacture weights or measures when to be issued 38. Weight or measure to contain number of the approved model, etc. CHAPTER IV COMMODITIES IN PACKAGED fO™ Jsta"""''' OR DISTRIBUTED IN THE COURSE OF INTER-STATE trade or commerce 39. Quantities and origin of commodities in packaged , 45 form to be declared CHAPTER V

VEWnCATTON AND STAMWNG OF VTOGm^iro measures SENT FROM ONE STATE
40 Definitions 41 Verification and stamping of weights and measures sen from one State to another h- -v 42 Weight or measure of the first presum corrS throughout the territory of Indra ^ ^ 43. Weight or me«^ of foe ^oty . m any State umess . . nn-eived from transferor

45. Proceduie when any weight or measure Is transferred from a transferee State to another State
46. Manufacturers, etc., who send any weight or measure to ?my other State to submit return to the Controller
PART V
IMPORT AND EXPORT OF WEIGHTS AND MEASURES
CHAPTER 1
REGISTRATION OF EXPORTERS AND IMPORTERS
47. Persons exporting or importing any weight or measure to get themselves registered
CHAPTER II
EXPORT AND IMPORT OF WEIGHTS, MEASURES AND
COMMODITIES IN PACKAGED FORM
48. Conditions under which export of non-standard weights and measures and other goods may be made
49. Non-metric weight or measure not to be imported
PART VI
OFFENCES AND THEIR TRIAL
50. Peiulty for use of non-staiuiard weights or measures
51. Penalty for contravention of section 18
52. Penalty for contravention of section 22
53. Peitalty for contravention of section 23
54. Penalty for contravention of section 29
55. Penalty for contravention of section 32
56. Penalty for contravention of section 33
57. Penalty for contravention of section 34
58. Penalty for contravention of section 35
59. Penalty for contravention of section 36
60. Penalty for manufacture of weights or measures unless approval of model is in force
61. Penalty for contravention of section 38
62. Penalty for sale, etc., of unverified weights or measures in the course of inter-State trade or commerce
63. Penalty for contravention of section 39
64. Penalty for contravention of section 47
65. Penalty for contravention of section 48
66. Penalty for contravention of section 49
67. Penalty where no specific penalty is provided 68. Presumption to be made in certain cases 69. Penalty for personation of officials 70. Penalty for giving false iidbrmation or false returns
71. Vexatious actions
72. Cogiuzance of offices, etc.
73. Compounding of offeiKes

Sections
74. Offences by companies and power of court to publish name, place of business, etc., of companies convicted . • -• 56 75. Provisions of Indian Penal Code not to apply to any offence punishable under this Act . . . 57
PART vn
TRAINING INSTITUTE
76. Establishment of a training Institute and provisions for training thereat • • • 77. Training at other places
PART VUI
MISCELLANEOUS
78. Survey and statistics 79. Conversion of non-metric weights and measures into standard units of weights or measures 80. Non-metric weight or measure not to be mentioned in any document, etc., or to form the basis of any contract after the commencement of this Act
81. Appeals 82. Levy of fees
83. Power to make rules 84. Continuance of certain weights and measures during transitional period . . . 85. Repeal and savings ' ' ' . THE SCHEDULE.—IConvcrsion of non-metric mights and measures into standard units—See section 79]
THE STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985
Introduction
CHAPTER 1 PRELIMINARY
1. Short title, extent and commencement * * . 67 2. Act not to apply to inter-State trade or commerce • • * 3. Definitions 4. Provisions of this Act to override the provisions of any other law except the Standards Act CHAPTER II appointment of controllers INSPECTORS AND OTHER OFHCES^S 5 Appointment of Controllers, Inspectors and other officers and staff . • Po''", .o .umonB, to Wright • • 7. ControUer and officers appointed under this Act . 70 to be public servants . 70 8. Protection of action taken in

GBNBtAl PKOVISIONS «N TO STANDARD WEIGHTS AND MEASURES , P,„hibitto» of of weights aAd me.s«« ofl,.r _ Standard weights and measures
70
10. Use of weights only or measures only in certain cases 11. Prohibition of quotations, etc., otherwise than in terms of standard weight or measure
CHAPTER IV CUSTODY AND VF.RinCATION OF STANDARD EQUIPMENTS 12. Custody and verification of reference standards 13. Preparation of secondary and working standards 14. Verification, stamping and custody of secondary or working standards 15. Secondary or working standard which may not be stamped
CHAPTER V
REGISTRATION OF USERS OF WEIGHTS AND MEASURES 16. Persons using weights or measures for transactions or industrial production or for protection to get themselves registered 17. Procedure of registration 18. Punishment for non-registration
CHAPTER VI
MANUFACTURE, REPAIR OR SALE OF WEIGHTS OR MEASURES 19. Prohibition on the manufacture, repair or sale of weights or
measures without licence
20. Suspension and cancellation of licence 21. Manufacture of weights or measures 22. Prohibition of sale or use of unstamped weights or measures 23. Manufacturer, etc., to maintain records and registers
CHAPTER VII
VERinCATION AND STAMPING OF WEIGHTS OR MEASURES 24. Verification and stamping of weights or measures 25. Display of certificate of verification 26. Validity or weights or measures duly stamped
CHAPTER VIII
INSPECTION, SEARCH, SEIZURE AND FORFEITURE 27. Power to inspect 28. Power of Inspector to require production of weight or measure or records for inspection 29. Power of Inspector to enter premises
30. Power to search 31. Power of Iivspector to seize any weight or measure
32. Forfeiture
CHAPTER IX
PROVISIONS WITH REGARD TO THE SALE AND DISTRIBUTION OF COMMODITIES IN PACKAGED
FORM WITHIN THE STATE
33. Provisions of the Standards Act and the rules made thereunder relating to commodities in packaged form to apply to commodities in packaged form sold or distributed within the State
CHAPTER X
PROVISIONS WITH REGARD TO ANY CUSTOM OR USAGE RELATING TO THE SALE OF ANY COMMODITY, WHETHER BY QUANTITY OR NUMBER AND SALE OF
COMMODITIES BY HEAPS 34. Custom or usage requiring delivery of additional quantities to cease. 35. Sale by heaps

CHAPTER XI
OFFENCES AND PENALTIES , Penalty for manufacturing, etc., of non-standard weights or measures , Penalty for counter-felting of seals, etc. Penalty for sale or delivery of commodities, etc., by non-standard weight or measure Penalty for keeping non-standard weights or measures for use and for other contravention Penalty for contravention of section 10 Penalty for contravention of section 11 Penalty for contravention of section 19 Penalty for contravention of section 20 Penalty for contravention of section 21 Penalty for contravention of section 22 Penalty for contravention of section 23 Penalty for contravention of section 24 Penalty for contravention of section 28 Penalty for contravention of section 29 Penalty for contravention of sections 30 and 31 Penalty for contravention of section 33 Penalty for contravention of section 35 Penalty for tampering with licence Penally for selling or delivering rejected weights and measures Penalty for personation of officials Penalty for giving false information or maintaming false records or registers Wilful verification or disclosure in contravention of Law
Vexatious search Penalty for contravenHon not separately provided for Presumption to be made in certain cases When employer to be deemed to have abetted an offence Offences by companies Cognizance of offences Summary trial of certain offences Compounding of offences Provisions of Indian Penal Code not to apply to any offence under this Act CHAPTER XIJ miscellaneous
Transfer or transmission of business Ucences neither saleable nor transferable Appeals Levy of fees Delegation of powers Power to make rules nmvisions of the Standards Act Power of State G°vemn«^ o ^f weights or wiUUn U.e S..e . ■
Act not to apply in cerlam cases Repeal and savings