WHEREAS, certain draft rules were published as
required by sub-section (4) of section 53 of Legal Metrology Act, 2009 (I of
2010), at pages 2-1 to 2-72 in the Gujarat Government Gazette, Extraordinary,
Part IV-A, dated the 6th January, 2011, under the Government Notification,
Food, Civil Supplies and Consumer Affairs Department, No:
GTH-2011-2-KMV-102010-422744-D, dated 6th January, 2011, inviting objection or
suggestion from all persons likely to be affected thereby within a period of
thirty days from the date of publication of the said notification in the
official Gazette. AND WHEREAS, the objections or suggestions received
by the Government on the said draft rules, have been considered by the
Government; NOW, THEREFORE, in exercise of the powers conferred
by sub-section (1) of section 53 of the Legal Metrology Act, 2009 (I of 2010),
the Government of Gujarat hereby makes the following rules, namely:- (1) These rules may be called the Gujarat Legal Metrology (Enforcement)
Rules, 2011. (2) They extend to the whole of the State of Gujarat (3) They shall come into force on the 1st April, 2011. In these rules, unless the context otherwise
requires, (a) "Act" means the Legal Metrology Act 2009; (b) "Reference Standards Laboratory" means a laboratory set up by
the Central Government under the Act, where Reference Standards, Secondary
Standards and Working Standards are maintained; (c) "Schedule" means a Schedule appended to these rules; (d) words and expressions used in these rules and not defined but defined in
the Act shall have the meanings respectively assigned to them in the Act. The Reference Standards shall be kept at such
place, in such manner and in such custody as prescribed under the Legal
Metrology (National Standards) Rules, 2011. (1) Every Secondary Standards shall be verified at any of the Reference
Standards Laboratories, in such manner and at such periodical intervals as may
be prescribed under the rules to be made in this behalf and shall, if found on
such verification to conform to the Standards established by or under the Act,
be stamped by Reference Standard Laboratory or a certificate of verification
will be issued by that laboratory. (2) The Secondary Standards shall be kept at such place, and in such custody
as the controller may direct. (1) Every Working Standard shall be verified either at any of the Reference
Standards laboratories or at any of the Secondary Standards Laboratories
maintained by the State Government, in such manner and at such periodical
intervals as may be prescribed under the rules to be made in this behalf and
shall, if found on such verification to conform to the Standards established by
or under the Act, be stamped or certificate of verification will be issued by
that laboratory as the case may be. (2) The Working Standards shall be kept in the custody of legal metrology
officer. (1) A set of Secondary Standard balances shall be maintained at every place
where Secondary Standard Weights are kept. (2) The number, types and specifications of such balances shall be such as
may be prescribed under the Legal Metrology (General) Rules, 2011. (3) Every Secondary Standard balance shall be verified at least once within
a period of twelve months and shall be adjusted, if necessary, to make it
correct within the limits of sensitivity and other metrological qualities
prescribed under the Act, by the Reference Standards Laboratory or by the
Controller or such other officer as may be authorized by the Controller in this
behalf. (1) A set of Working Standard balances shall be maintained at every place
where Working Standard Weights are kept. (2) The number, types and specifications of such balances shall be such as
may be prescribed under the Legal Metrology (General) Rules, 2011. (3) Every Working Standard balance shall be verified at least once within a
period of twelve months and shall be adjusted, if necessary, to make it correct
within the limits of sensitivity and other metrological qualities prescribed
under the Legal Metrology (General) Rules, 2011, by the Reference Standard
Laboratory or at any of the place where Secondary Standards are maintained by
the State Government. Every Weight or measure used or intended to be used
in any transaction or for protection shall conform as regards physical
characteristic, configuration, constructional details, materials, performance,
tolerances and such other details, to the specifications prescribed under the
Act or the Legal Metrology (General) Rules, 2011. (1) No Weight other than a Bullion Weight shall be used in any transaction
in bullion including precious metals, pearls, ornaments or other articles made
of gold or silver. (2) No weight other than a carat weight shall be used in any transaction in
precious stones. (3) Only beam scale of class A or class B category or a non automatic
weighing instrument of high accuracy class (class II) or special accuracy class
(class I) shall be used in any transaction referred to in sub-rules (I) and
(2). Except in the cases of commodities specified in
Schedule I, the declaration of quantity in every transaction, dealing or
contract, or for protection shall be terms of the unit of- (a) weight, if the commodity is solid, semi-solid, viscous or a mixture of
solid and liquid; (b) length, if the commodity is sold by linear measure; (c) area, if the commodity is sold by area measure; (d) volume, if the commodity is liquid or is sold by cubic measure; or (e) number, if the commodity is sold by number. (1) Every manufacturer of, or repairer of, or dealer in, weight or measure
shall make an application for the issue of a licence to the Controller legal
metrology or such other officer as may be authorized by him in this behalf; in
the appropriate form as prescribed in Schedule IIA: Provided that no licence to repair shall be
required by a manufacturer for repair weight or measure manufactured by him and
used in a State other than the State of manufacture of the same, but the
manufacturer has to inform in advance the concerned legal metrology officer
about the repairing (2) Every manufacturer of, or repairer of or dealer in weight or measure
shall make an application for the renewal of a licence within thirty days
before the expiry of validity of the licence to the Controller of legal
metrology or such other officer as may be authorized by him in this behalf, in
the appropriate form as prescribed in Schedule II B. (3) Every licence issued to a manufacturer, repairer or dealer shall be in
the appropriate form as prescribed in Schedule III. (4) Every licence issued to a manufacturer, repairer, or dealer shall be
valid for a minimum period of one calendar year and may be renewed for a period
of five years, by the Controller or such other officer as may be authorized by
him in this behalf on payment of per year fee as specified in Schedule IV. (5) The fee payable for the alteration of a licence or for the issue of a
duplicate licence shall be one half of the licence fee as specified in Schedule
IV and an application shall be made in the form as prescribed in Schedule XII. Provided that an additional fee at full the rates
specified in Schedule IV shall be payable by the applicant if he is permitted
by the Controller to make an application for the renewal of a licence within a
period of three months from the date of expiry of the licence. (6) The Controller or such other officer as may be authorized by him in this
behalf shall maintain a register of licenced manufacturers, dealers and
repairers in the form as prescribed in Schedule V. (7) Every manufacturer, repairer or dealer licenced under the Act and these
rules shall maintain such workshop, equipments, tools, registers, etc. as the
case may be, as per the terms and conditions of the licence. (8) Every repairer licenced under the Act and these rules shall furnish a
security deposit for each licence to the State Government as specified in
Schedule VI. (9) Every licence issued or renewed under this Act shall be displayed in a
conspicuous place in the premises where the licencee carries on business. (10) A licence issued or renewed under this Act shall not be saleable nor
transferable. (11) The basic minimum requirements for licensee repairers shall be as
prescribed in Schedule VI-A. The existing licensed repairer shall comply with
the prescribed provisions within a period of 12 months from the date of the
commencement of these Rules. (12) All licensee manufacturers shall be having tools and equipments in their
production workshop as per TABLE F prescribed under Schedule VI-A. The existing
licensed manufacturer shall comply with the prescribed provisions within a
period of 12 months from the date of the commencement of these rules. (1) The Controller or such other officer authorized by him in this behalf
may, if he has any reasonable cause to believe that the holder of any licence
issued, renewed or continued under this Act has made any statement in, or in
relation to, any application for the issue, renewal or continuance of the
licence, which is incorrect or false in any material particular or has
contravened any provision of the Act or any rule or order made thereunder,
suspend such licence pending the completion of any inquiry against the holder
of such licence: Provided that no such licence shall be suspended
unless the holder thereof has been given a reasonable opportunity of showing
cause against the proposed action: Provided further that where the inquiry referred to
in this sub-rule is not completed within a period of three months from the date
of suspension of a licence, such suspension shall, on the expiry of the period
aforesaid, stand vacated. (2) The Controller or such other officer authorized by him in this behalf
may, if he is satisfied, after making such inquiry as he may think fit, that
the holder of a licence has made a false or incorrect statement of the nature referred
to in sub-rule (1), or has contravened any law or order referred to in that
sub-rule cancel such licence: Provided that no such licence shall be cancelled
unless the holder thereof has been given a reasonable opportunity of showing
cause against the proposed action. (3) Every person whose licence has been suspended shall, immediately after
such suspension, stop functioning as such licencee and shall not resume
business as such licencee until the order of such suspension has been, or
stands, vacated. (4) Every licencee whose licence has been suspended or cancelled shall,
after such suspension or cancellation, as the case may be, surrender such
licence to the authority by which such licence was issued. (5) Every licencee whose licence has been cancelled shall, within a period
of thirty days from the date of such cancellation, or within such further
period, not exceeding three months from such date, as the Controller or such
other officer authorized by him in this behalf may, on sufficient cause being
shown, allow, dispose of the weights or measures which were in his possession,
custody or control on the date of such cancellation and in the event of his
failure to do so, the Controller or any other officer authorized by him, in
writing, in this behalf, may seize and dispose of the same and distribute the
proceeds thereof in such manner as may be prescribed. Every manufacturer of or repairer of or dealer in
weight or measure licenced under the Act and these rules shall maintain records
and registers in the appropriate form as prescribed in Schedule VII-Every
licence holder shall furnish appropriate returns in the form as prescribed in
Schedule VII duly signed by him to the concerned officer within 15 days from
the end of the quarter to which the return relates, if required he shall submit
the same in Online form also. Periodical interval for the verification of weights
or measures shall be as specified in the Legal Metrology (General) Rules, 2011. (1) Every person using any weight or measure in any transaction or for
protection shall present such weight or measure for verification/re-verification,
at the office of the Legal Metrology Officer or at such other place as the
Legal Metrology Officer may specify in this behalf on or before the dale on
which the verification falls due and shall make an application as per the form
prescribed in Schedule XIII for getting that weight or measure
verified/re-verified: Provided that where any weight or measure is such
that it cannot, or should not be moved from its location, the person using such
weight or measure shall report to the Legal Metrology Officer at least thirty
days in advance of the date on which the verification falls due. (2) Where any weight or measure is such that it cannot, or should not, be
moved from it's location, Legal Metrology Officer shall take necessary steps
for the verification of such weight or measure at the place of its location. (3) For the verification of weight or measure referred to in sub-rule (2)
the user shall provide such facilities as may be specified by the Controller. (4) Every weight or measure presented for verification shall be complete in
itself. (5) Every weight or measure shall be verified in a clean condition, and if
necessary, the Legal Metrology Officer shall require the owner or user to make
necessary arrangement for the purpose. (6) A Legal Metrology Officer may visit, as frequently as possible during
the period specified in rule 14, every premise within the local limits of his
jurisdiction to inspect and test any weight or measure which is being or is
intended or likely to be used in any transaction or for protection. (7) The legal metrology officer shall obliterate the stamp on any weight or
measure, if it is found during inspection that:- (a) Any weight or measure which being due for re-verification has not been
submitted for such re-verification. (b) Any weight or measure which does not conform to the Standards
established by or under the Act: Provided that where the legal metrology officer is
of opinion that the defect or error in such weight or measure is not such as to
require immediate obliteration of the stamp, he shall inform the user, of the
defect or error found in the weight or measure and call upon user to remove the
defect or error within such time, not exceeding eight days and shall- (i) if user fails to remove the defector error within that period,
obliterate the stamp, or (ii) if the defect or error is so removed as to make the weight or measure
conform to the standards established by or under the Act, verify and stamp such
weight or measure. Explanation: The obliteration of the stamp on any
weight or measure shall not take, away or abridge the power of the legal
metrology officer to seize such weight or measure in accordance with the
provisions of the Act. (1) The Legal Metrology Officer shall stamp every weight or measure, if after
testing and verification, he is satisfied that such weight or measure conforms
to the standards established by or under the Act, with a stamp of uniform
design, issued by the Controller, which shall indicate the number allotted for
administrative purpose to the Legal Metrology Officer by whom it is stamped: Provided that if by reason of the size or nature of
any weight or measure it is not desirable or practicable to put a stamp
thereon, the Legal Metrology Officer shall take such action as may be directed
by the Controller by a general or a special order in writing. (2) The Legal Metrology Officer shall also mark the year and its quarter of
stamping on every verified weight or measure except when the size or nature of
such weight or measure makes it impracticable. Explanation: A year shall be deemed to consist of
four quarters of which first quarter shall be of the months of January,
February and March which shall be marked as A; second quarter shall be of the
months of April, May and June which shall be marked as B, third quarter shall
be of the months of July, August and September which shall be marked as C and
fourth quarter shall be of the months of October, November and December which
shall be marked as D. (3) On completion of verification and stamping the Legal Metrology Officer
shall issue a non transferable certificate of verification in the form as
prescribed in Schedule VIII. (4) Where a certificate of verification is lost or destroyed, the holder of
the certificate of verification shall forthwith apply to the Legal Metrology
Officer who had issued the certificate, for the issue of a duplicate
certificate of verification. Every such application for the issue of a
duplicate certificate shall be accompanied by a fee of rupees twenty five. (5) On receipt of an application under sub-rule (4), the Legal Metrology
Officer shall issue to the applicant a duplicate copy of the certificate of
verification marked as 'DUPLICATE'. (1) Fees payable for verification and stamping of weight or measure at the
office or camp office of the Legal Metrology Officer shall be as specified in
Schedule IX. (2) If, at the request of the user of weight or measure, verification is
done at any premises other than the office or camp office of the Legal
Metrology Officer, an additional fee shall be charged at half the rate as
specified in the Schedule IX and the user of the weight or measure shall pay
the expenses incurred by the Legal Metrology Officer for visiting the premises
including the cost of transporting and handling the Working Standard and other
equipment subject to a minimum of rupees one hundred. Provided that no additional fee shall be charged
for verification and stamping of weights and measures in situ of,- (i) vehicle tanks for petroleum products and other liquids, Meter for
Liquids Other than Water (Fuel Dispenser, Liquid Petroleum Gas, Milk
Dispensers), Compressed Natural Gas Dispensers, Non-automatic Weighing
Instruments like weighbridges, platform machines, crane scale. Automatic
Gravimetric Hilling Instruments, Automatic Rail-weigh bridge, Discontinuous
Totalizing Automatic Weighing Instruments, and such other weight or measure
which cannot, and should not be moved from its location; (ii) Weight or measure in the premises of manufacturer or dealer of such weight
or measure. (3) If a weight or measure is presented to the Legal Metrology Officer for
re-verification alter expiry of the validity of the stamp, an additional fee at
half the rates specified in Schedule IX shall be payable for every quarter of
the year or part thereof. (4) Full fee shall be payable for re-stamping any weight or measure held in
stock with manufacturer or dealer within the period specified, in rule 14 from
the date on which it was last stamped, provided that the original stamp was not
obliterated. (5) A weight or measure which on verification is found to be incorrect shall
be returned to the person concerned for adjustment informing him, in a proforma
specified by the Controller, of the detects found in the weight or measure, and
calling upon him to remove the defects within a period not exceeding seven
days. When the necessary adjustment has been carried out, such weight or
measure shall be verified on payment of the fees specified in Schedule IX and
if found correct shall be stamped. (1) Before commencing the work of verification or re-verification, the Legal
Metrology Officer shall inform the person concerned of the fees payable by him
and shall receive the same in the manner as authorized by the Controller and
issue a receipt in the standard prescribed form approved by the Controller, one
copy of such receipt being kept on record: Provided that fees payable by a department of the
Central or State Government under these rules may be realized in such manner as
may be directed by the Controller. (2) The Legal Metrology Officer shall maintain a register, in the standard
prescribed form approved by the Controller, which shall be written up from
day-to-day and shall show the amount of fees and other charges collected during
the day. (3) All payment received by the Legal Metrology Officer during the week
shall be paid into the Government Treasury under the appropriate "Head of
Account" on such dates or days as may be specified by the Controller from
time to time, and a receipt thereof be obtained and an intimation to that
effect be sent to the Controller or other officer authorized by him in this
behalf. (1) Any un-verified weight or measure shall be returned to the person from
whom such weight or measure was seized if that person gets the same verified
and stamped, within fifteen days of the return, on payment of the prescribed
fee including the additional fee payable for undertaking re-verification after
the expiry of the validity of the stamp. (2) Any weight or measure or document or thing or goods seized and detained
under section 15 of the Act, which is to be the subject of proceedings in a
court shall be produced by the legal metrology officer before the court shall
after conclusion of the proceedings, be taken possession of by the legal
metrology officer and dealt with in accordance with the orders of the court: Provided that in the absence of the orders of the
court, weight or measure or document or thing or goods shall be deal with as
the controller may by special order direct and the material thereof shall be
sold and the proceeds credited to the Government. (3) Where the goods seized under sub-section (1) of section 15 of the Act
are not subject to speedy or natural decay, the legal metrology officer may
retain the package for the purpose of prosecution under this Act after giving
the trader or his agent or the other person (who has committed the offence) a
notice of such seizure. (4) The goods referred under sub-rule (5) which are not to be the subject of
proceedings in a court, shall after the expiry of sixty days of its seizure, be
so dealt with as the Controller may by special order direct. (1) A weight or measure which is, or is deemed to be, duly verified and
stamped under these rules shall be deemed to conform to the standards
established by or under the Act at every place within the State in which it is
stamped unless it is found on inspection or verification that such weight or
measure has ceased to conform to the standards established by or under the Act. (2) No weight or measure which is, or is deemed to be, duly verified and
stamped under this Act shall require to be re-stamped merely by reason of the
fact that it is being used at any place within the State other than the place
at which it was originally verified and stamped: - Provided that where a verified weight or measure,
installed at one place is dismantled and reinstalled at a different place, such
weight or measure shall not be put into use unless it has been duly re-verified
and stamped, notwithstanding that periodical re-verification of such weight or
measure has not become due. (3) Where a verified weight or measure has been repaired, whether by a
licenced repaired or by the person owning and possessing the same, such weight
or measure shall not be put into use unless it has been duly re-verified and
stamped, notwithstanding that periodical re-verification of such weight or
measure has not become due. (1) Every Legal Metrology Officer shall be provided with Working/Secondary
Standards weights, Working/Secondary Standard balances, and such other equipment
includes weighing and measuring devices as may be approved by the Controller
from time to time. (2) Every Legal Metrology Officer shall be provided with such dies, punches,
paper seal/sticker and such other equipment as may be necessary for affixing
the verification stamp, the design and number of which are to be approved by
the Controller. (3) Every Legal Metrology Officer shall be provided with punches of suitable
sixes of eight-pointed star as prescribed in Schedule XIV for obliterating
stamps. (1) Every person using a beam scale in any transactions in his premises
shall suspend the same to a stand or to a chain by a hook: Provided that this sub-rule shall not apply to
itinerant vendors. (2) Every weight or measure shall be used in a clean condition and in proper
lighting arrangement (3) Any weight or measure, which has been verified and stamped in situ,
shall not be dismantled and removed from its original site without prior
intimation to the Controller or other person authorized by him in this behalf. (4) To ensure a proper check of the accuracy of a weighing instrument the
user shall keep at the site of each weighing instrument duly verified and
stamped weights equal to one-tenth of the capacity of the instrument or one
tonne whichever is less and consumer can also check the accuracy of the
weighing instrument: Provided that the Controller may specify the total
number of verified and stamped weights to be maintained in trade premises where
the number of weighing instruments are more than one. (5) To ensure proper delivery of the petrol/diesel pumps, the retail dealer
of the pump shall keep a verified 5 litre/10 litre capacity measure in his
premises and check the out put from the pump every day before put into use of
dispensing pump to ensure its correct delivery. In case of any short delivery
the dealer shall slop the delivery through the pump immediately and inform the
legal metrology officer concerned to recalibrate the pump. The person to whom a certificate of verification is
issued shall exhibit the same in a conspicuous place in the premises where the
weights, measures or weighing or measuring instruments to which the certificate
relates are used; Provided that in the case of itinerant vendor, the
certificate shall be kept with the person: Provided further that in the case of vehicle tank,
the certificate of verification shall he kept with the vehicle. Whoever contravenes any provision of these rules,
for the contravention of which no punishment has been separately provided in
the Act shall be punished with fine, which may extend to five thousand rupees.
Whenever rules are in conflict with the provisions of the Act, the Act will
prevail the rules. (1) Every appeal under the Act and these rules shall be preferred in the
form specified in Schedule X, and shall be accompanied by a copy of the order
appealed against. (2) An application for appeal to State Government shall be accompanied by
fee of Rs. 500 and for appeal to Controller shall be accompanied by fee of Rs.
200 paid either by cash or by affixing court fee stamp for the said value as
the case may be. The fee for compounding of offences committed under
the Act shall be as prescribed in Schedule XI.GUJARAT
LEGAL METROLOGY (ENFORCEMENT) RULES, 2011
PREAMBLE