A presentation on weights and measures [legal metrology]

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WEIGHTS AND MEASURES
IN INDIA
[Legal Metrology]
-N. Prassanvadana

CHENNAI
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Tel: +91 - 80 - 6546 2400
COIMBATORE
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EMAIL
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WEBSITE
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INTRODUCTION
• INTRODUCTION
– The Legal Metrology Act, 2009 [Act No. 1 of 2010] along with The
Legal Metrology (General) Rules, 2011 governs the above.
– In the year 2009, Legal Metrology Act, 2009 [Act No. 1 of 2010]
replaced the Standard Weights & Measures Act, 1976 and
Standards of Weights and Measures (Enforcement) Act, 1985
– This is an Act to establish and enforce standards of weights and
measures, regulate trade and commerce in weights, measures
and other goods which are sold or distributed by weight,
measure or number and for matters connected therewith or
incidental thereto.
– As per the Act every unit of weight or measure shall be in
accordance with the metric system based on the international
system of units.

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LEGISLATIONS ENACTED TO REGULATE
WEIGHTS AND MEASURES:
• The Government has enacted the following:
– The Legal Metrology Act, 2009,
– The Legal Metrology (Packaged Commodities) Rules,
2011,
– The Legal Metrology (General) Rules, 2011,
– The Legal Metrology (Approval of Models) Rules, 2011,
– The Legal Metrology (National Standards) Rules, 2011,
– The Legal Metrology (Numeration) Rules, 2011,
– The Indian Institute of Legal Metrology Rules, 2011,
– The Delhi Legal Metrology (Enforcement) Rules, 2011.

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Definitions under Section 2 of Legal Metrology
Act, 2009
– This Act defines salient terminology significant to the
standardization like "Legal Metrology" "label" "pre-
packaged commodity" "seal" "weight or measure" as also
the officers appointed under the Act like "Director" and
“Controller of Legal Metrology” as also Additional Director,
Additional Controller, Joint Director, Joint Controller,
Deputy Director, Deputy Controller, Assistant Director,
Assistant Controller and Inspector.
– The terms “dealer” and “manufacturer” of weights and
measures are comprehensively described.
– The terms “person” “premises’ “verification” are defined
exhaustively with a view to bring a wider following within
the ambit of the Act.

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WHAT IS BASE UNIT OF WEIGHTS
AND MEASURES ?
• The base unit or standard unit of--
• (i) length shall be the metre;
• (ii) mass shall be the kilogram;
• (iii) time shall be the second;
• (iv) electric current shall be the ampere;
• (v) thermodynamic temperature shall be the kelvin;
• (vi) luminous intensity shall be the candela; and
• (vii) amount of substance shall be the mole.
According to Section 6 of the Act - Base unit or standard unit of numeration shall
be
• (1) The base unit of numeration shall be the unit of the international form of
Indian numerals.
• (2) Every numeration shall be made in accordance with the decimal system.
• (3) The decimal multiples and sub-multiples of the numerals shall be of such
denominations and be written in such manner as may be prescribed.

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APPOINTMENT OF CONTROLLER, LEGAL
METROLOGY OFFICERS AND OTHER EMPLOYEES
Controller of legal metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant
Controller, Inspector and other employees are appointed by the State Government for
exercising the powers and discharging the duties conferred or imposed on them by or under
this Act in relation to intra State trade and commerce.
– The legal metrology officers thus appointed exercise and discharge the duties under the
general superintendence, direction and control of the Controller.
– Power of inspection, seizure, etc.u/s. 15 The Director, Controller or any legal metrology officer may,
whether from any information given to him by any person in writing or from personal knowledge or
otherwise, that any weight or measure or other goods in relation to which any trade and commerce has
taken place or is intended to take place and in respect of which an offence punishable under this Act
appears to have been, or is likely to be, committed are either kept or concealed in any premises or are
in the course of transportation,--
• enter at any reasonable time into any such premises and search for and inspect any weight,
measure or other goods in relation to which trade and commerce has taken place, or is intended
to take place and any record, register or other document relating thereto;
• seize any weight, measure or other goods and any record, register or other document or article
which he has reason to believe may furnish evidence indicating that an offence punishable
under this Act has been, or is likely to be, committed in the course of, or in relation to, any trade
and commerce.
• Every search or seizure made under this section shall be carried out in accordance with the
provisions of the Code of Criminal Procedure, 1973(2 of 1974), relating to searches and
seizures.

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-DECLARATIONS ON PRE-PACKAGED
COMMODITIES
– No person shall manufacture, pack, sell, import, distribute,
deliver, offer, expose or possess for sale any pre-packaged
commodity unless such package is in such standard quantities or
number and bears thereon such declarations and particulars in
such manner as may be prescribed.
– Any advertisement mentioning the retail sale price of a pre-
packaged commodity shall contain a declaration as to the net
quantity or number of the commodity contained in the package in
such form and manner as may be prescribed.

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PENALTIES
• Chapter V of the Act prescribes the Penalty for the following (Provisions of Indian
Penal Code and Code of Criminal Procedure not to apply)
– use of non-standard weight or measure,
– for verification in contravention of Act and rules
– for counterfeiting of seals, etc.
– for manufacture of weight and measure without licence
– for repair, sale, etc., of weight and measure without licence
– for tampering with licence
– for Compounding of offence
– Offences by companies and power of court to publish name, place of
business, etc., for companies convicted. Legal Metrology(General) Rules,
2011

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BANGALORE
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Raheja Towers,
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CASE LAWS
• Cadbury India Ltd vs Controller Of Legal Metrology (appellate authority)
on 16 January, 2013 – (Before the Hon’ble High Court of Karnataka,
Bangalore)
– The controller of legal metrology, also the appellate authority issued a
notice/letter to the petitioner-company under Section 11 r/w 29 of the Act
stating that they have violated Section 11 by using the expression
"angula" in their "5 star" chocolate advertisement. The expression
'angula' means, 'an inch', and that being a non metric system of length,
they allegedly violated the provisions contained in Section 11(1)(c) of the
Act.
– Against this back drop, the appellate authority in the appeal filed by the
petitioner, dismissed the Appeal and held that under Section 28 & 29 of
the Legal Metrology Act, 2009 the Appellant Company shall pay the
penalty of Ten Thousand Rupees for advertisement in British system,
which is non standard units in India.

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CONTD.
– HELD that
• The action contemplated by Section 29 of the Act would stand attracted or can be
taken only when a person, in relation to any goods/commodities, prepare or
publish any advertisement otherwise than in accordance with the standard unit of
weight, measure or numeration.
• The expression "in relation to any goods, things or service" in Section 11 of the Act
means, preparation or publication of any advertisement, poster or other document
if the goods, things or service to be advertised or in respect of which any poster or
other document is prepared and published.
• The words "advertisement, poster or document", would mean, if the
goods/commodities or things manufactured or service rendered to be advertised or
printed on poster or document.
• If the advertisement is of a particular goods/thing as in the present case, in
relation thereto, no person should publish or use in the advertisement, the
expressions otherwise than in accordance with the standard unit of weight,
measure or numeration.
• Hence, impugned action and so also the order passed by the appellate authority
was set aside and the Rule made absolute in terms of the said order.

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• The Kerala High Court had an occasion to deal with similar question under the provisions of
the old Act namely the Standards of Weights and Measures (Enforcement) Act, 1985 in -
MAHINDRA AND MAHINDRA LTD. AND PAWAN GOENKA, Chief Operating Officer -vs- THE
DIRECTOR OF STANDARD OF WEIGHTS AND THE INSPECTOR, LEGAL METROLOGY
(ILR 2011(2) Kerala 804).
– In this case, the company was engaged in manufacturing and marketing of motor
vehicles under a general brand name "Mahindra". In their advertisement, the engine of
the vehicle was described as having 109 BHP (British Horse Power).
– Hence, the notice was issued and similar order as has been passed in the present case
was passed.
– The Kerala High Court, after dealing with all the provisions of 1985 Act, held that
mention of BHP in the advertisement made by the petitioners in respect of the vehicle
manufactured by them does not constitute any violation of the provisions of the
Standards of Weights and Measures (Enforcement) Act, 1976 or of 1985 and
accordingly quashed the notices.
CASE LAW 2

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Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
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Tel: +91 - 80 - 6546 2400
COIMBATORE
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CASE LAW 3
• Relating to Legal Metrology (Packaged Commodity) Rules, 2011.
– The Hon’ble Bombay High Court in the matter LARSEN & TOUBRO
LIMITED VS. UNION OF INDIA [2012 (275) ELT 153 (Bom)] while
deciding on the issue whether Rule 6 declarations (under the erstwhile
Standard Weights and Measures (Packaged Commodities), Rules, 1977)
are required on packaged commodities sold to institutional or industrial
consumer through a stockiest, has held that Rule 6 would not apply to
industrial and institutional consumers who buy the commodities directly
from the manufacturer.
– All other industrial and institutional consumers of the packed commodity
to whom the retail package are not sold directly to the provisions of Rule
6 shall apply.

CHENNAI
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
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COIMBATORE
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CONTD.
– On the other hand the in the matter of Ewac Alloys Limited v. Union of India
[2012(2) Kar LJ 324] theHon’ble Karnataka High Court, differed from the decision
above and held as follows:
• In the case of retail package, the manufacturer of goods meant for industrial
use may not be able to supply the goods directly. Therefore, they may take the
assistance of a stockiest. If the customers are spread over the country and if
the manufacturing unit is in one part of the country and they want to
concentrate on manufacturing activity, they may not have resource or ability to
arrange for sale of their product throughout the country. In those
circumstances, it is quite but natural that they need middle men or stockiest, as
distributors, through whom they would distribute their product or sell their
products to an industrial or institutional user. In such an event, that packaged
commodity cannot be construed as a retail package…
• Therefore, it is clear that the protection under this Act is confined only to
individuals and persons who are eking out livelihood by self employment and
not to institutional and industrial consumers or consumers who purchase goods
in large quantities. Therefore, requirement of Rule 6 is not required to be
complied with by a manufacturer who sells his packaged goods to an industrial
or institutional consumer through a stockiest.”
•

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CONFLICT IN JUDICIAL INTERPRETATION
– The decisions of the Karnataka and Bombay High Courts differ with each other. On one
hand the Bombay High Court has considered that only direct sale by manufacturer to
the distributor would be considered under the exception to Rule 3, however, any sale
made through a stockiest would be considered a retail sale. On the other hand
Karnataka High Court has emphasized on the intent of packaging, and has held that if
the intent of the package was for industrial or institutional it does not matter whether the
sale was made through a stockiest or the manufacturer directly.
– Upon the detailed analysis of the judgments above, we find that the decision of the
Bombay High Court, relies on the main intention of Chapter II and specifically
declaration under Rule 6 that the consumer should be able to locate the manufacturer
or the packer in case of any grievances with the product.
– The individual retail consumer is not in direct contact with the manufacturer and the
product and declaration thereon are the only connection between the manufacturer and
the ultimate consumer. Therefore, declarations regarding the product are required to be
placed directly on the product.

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ON AMENDMENTS: THE VITAL LINK BETWEEN
MANUFACTURER AND CONSUMER
– The packages for industrial or institutional consumers do not require declarations as the
products are sold directly by the manufacturer and the consumer has a direct link or
connection with the manufacturer. Such an industrial or institutional consumer, is making an
informed choice and the details of the manufacturer and the product are known to the
consumer. Therefore, the requirement to make compliances under Chapter II does not arise
for packages directly sold to institutional and industrial consumers.
– Much to the relief of manufacturers catering solely to institutional and industrial consumers, on
June 6, 2013, an amendment was made to the Packaged Commodity Rules by which the
exclusion of ‘industrial and institutional consumers’ from the meaning of ‘ultimate consumers’
in the definition of “retail package” was removed.
– Thereby, any package intended for industrial or institutional sale may be considered retail
package. The effect of the above-mentioned amendment is such that any product purchased
by an industrial or institutional consumer from an entity other than the manufacturer itself will
come under the purview of retail package. Simply put, the provisions of Chapter II shall be
applicable to all such industrial or institutional consumers who buy the product from an entity
other than the manufacturer.
•

CHENNAI
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Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
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FAQ
– What are W & M laws? What is the necessity of imposing these laws?
It ensures uniform enforcement of Standards and connected matters in W&Ms throughout the
country.
– Is there any licence to manufacture, sale or repair Weights & Measures?
Yes, the Department issues licence to the manufacturer, dealer and repairer of Weights &
Measures and for dealing in weights & measuring instruments, the licence is a must.
– How can consumer ensure that any Weights & Measures is standard or not?
Every W&M used by the dealer is stamped by the W&M Department after due verification, with a
special seal indicating the identification of Inspector and quarter in which it is verified. The
validity of such stamped weights is two years whereas in the case of Counter/Beam/Electronic
Balances/Platform scale it is one year. Dispensing unit, weigh bridge verification certificate is
issued to the user which is required to be displayed at conspicuous place by the trader/user.
– Who is the competent authority to grant licence?
Controller, W&M is the competent authority to grant the licence. For the convenience of the public
W&M Department has been divided into Nine Districts. The applicant can submit his
application for grant of licence to the Zonal Officer of the concerned district.

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CONTD.
– Who is packer ?
Any person or a firm, which pre-packs any commodity whether in any bottle, tin, wrapper or
otherwise in units suitable for sale, is a Packer. Packers need to register themselves
with this Department.
– What is pre-packed Commodity?
Pre-packed Commodity means a Commodity, which without the purchaser being present, is
placed in a package of whatever nature whether sealed or opened, so that the
commodity contained there in has a pre-determined value and includes those
commodities which could be taken out of the package for testing or examining or
inspecting the commodity.
– Can a dealer charge legally more than the maximum retail price mentioned on the
package?
No, overcharging is an offence for which the trader can be prosecuted.
– What is calibration?
Verification and stamping of the capacity of the Vehicle Tank or its compartment or any
equipment is called Calibration.

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– What is the validity period of any Weight or Measure?
• Name of the Weights Validity Period
• Cast Iron Weights Two Years
• Bullion Weights Two Years
• Counter Machine Two Year
• Beam Scale Two Year
• Electronic Scale One Year
• Platform Machine One year
• Steel Meter One year
• Volume measures Two year
• Peg measures One year
• For the facility to the public the Government have created four Quarters (A) Jan. to March
(B) April to June (C) July to September (D) October to December. For example:- Any
Weight or Measure got verified in January it can be re-verified up to next due (A) Quarter
i.e, within January to March without any penalty.
CONTD.

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CONTD.
– Who is the competent Authority for grant of Licence to Packer/Manufacturer/ Dealer/Repairer in
W & M and Certificate of Registration as packer / manufacturer / importer of packaged
commodities?
The Controller, Weights & Measures is the competent Authority to grant Licence for Manufacturer/
Dealer/ Repairer in W & M. Registration as Packer/Manufacturer/Importer of packaged
commodities is also done by the controller.
– What are the precautions to be taken by a person while purchasing Pre-Packed Commodities
from Whole seller/ Supplier/ Manufacturer/ Shopkeeper?
Every person who either purchase or sells any Commodity in Pre-packed shape should ensure that
it bears the following declarations:-
• a. Name and complete address of the Manufacturer, Packer and / or importer of the packaged
commodities.
• b. Net contents in terms of weight, volume or number.
• c. Date of manufacture/packing/import of the commodity (month and year).
• d. Maximum Retail Price (inclusive of all taxes).
• e. Generic name of the commodity.
• f. Customer Care Number with name, address, Telephone No. of the person/office which can be
contacted in case of consumer complaints.
• g. Size, if applicable
• THE Rules 6 to 17 of the Legal Metrology (Packaged Commodities) Rules, 2011 govern the details.

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FAQ
– What are the requirements while purchasing the IMPORTED Items?
The followings are the compulsory declaration required on a packet which have been imported and
available for sale:
• a. Name and complete address of the Manufacturer, Packer and / or importer of the packaged
commodities.
• b. Net contents in terms of weight, volume or number.
• c. Date of manufacture/packing/import of the commodity (month and year).
• d. Maximum Retail Price (inclusive of all taxes).
• e. Generic name of the commodity.
• f. Customer Care Number with name, address, Telephone No. of the person/office which can be
contacted in case of consumer complaints.
• g. Size, if applicable
– What are the items on which the Packaged Commodities Rules, 2011 are not applicable?
The following are the items on which the PCR, 2011 are not applicable:-
• The net weight or measure of the commodity is ten gram or ten milliliter or less, if sold by
weight or measure
• Any package containing fast foor items packed by restaurant or hotal and the like.
• it contains scheduled formulations and non scheduled formulations covered under the
Drugs (Price Control) Order, 1955 ,made under section 3 of the Essential Commodities
Act, 1955 (10 of 1955)
• Agricultural form produces in packages of above 50 Kg.

CHENNAI
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Tel: +91 - 44 - 2498 4821
BANGALORE
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CONTD.
– Can a person sell or use unstamped weights or measures?
No, Weights or Measure shall be sold or offered, exposed or possessed for sale or
used or kept for use in any transaction or for industrial production or protection
unless it has been verified & stamped by inspector of W & M Department.
– Is the licence issued under Weight & Measure Act transferable?
No, A licence issued or renewal under this Act is not saleable or otherwise
transferable.
– Is it necessary to display the certificate of verification?
It is necessary to display every certificate of verification granted under the Act at a
conspicuous place in premises where such weights or measure is being, or is
intended or likely to be, used in any transaction or for industrial production or for
protection.
– Is the licence issued under Weight & Measure Act transferable?
No, A licence issued or renewal under this Act is not saleable or otherwise
transferable.
– Is it necessary to display the certificate of verification?
It is necessary to display every certificate of verification granted under the Act at a
conspicuous place in premises where such weights or measure is being, or is
intended or likely to be, used in any transaction or for industrial production or for
protection.

CHENNAI
Mylapore,
Chennai - 600 004.
Tel: +91 - 44 - 2498 4821
BANGALORE
Suite 920, Level 9,
Raheja Towers,
26-27, M G Road,
Tel: +91 - 80 - 6546 2400
COIMBATORE
BB1, Park Avenue,
Tel: +91 - 422 – 6552921
EMAIL
info@altacit.com
WEBSITE
www.altacit.com
CONTD.
– What is the penalty, if a person fails to get the weights or measure, verified or re
verified in due time?
Whoever, being required to present any weight or measure for verification or re
verification, omits or fails without any reasonable cause to do so, shall be
punished with fine which may extends to five hundred rupees and such weight or
measure can be seized on inspection.
– Is the licence for manufacturers/repairers/dealers of any weights & measures
compulsory under the Delhi Legal Metrology (Enforcement) Rules, 2011? If so,
what are the fees for the licences & requirements of the Department?
Yes, the form and guidelines are set out in Schedule IIA and necessary fee has been
specified in Schedule IV which is available on the website of the department
– How much shortage is allowed in domestic LPG cylinder?
As per the Legal Metrology (Packaged Commodities) Rules, 2011 a shortage of upto
150 gm is allowed in the domestic LPG cylinders with net contents of 14.2 kg.

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A presentation on weights and measures [legal metrology]

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