KARNATAKA
LEGAL METROLOGY (ENFORCEMENT) RULES, 2011
PREAMBLE
Whereas the draft of the Karnataka
Legal Metrology (Enforcement) Rules 2011 in Notification No. FCS 303 EBT 2010
Bangalore, Dated: 07.01.2011 was published in part IV(A) of the Karnataka
Gazette dated 13.01.2011 as required by sub suction (2) of Section 53 of the
Legal Metrology Act 2009 (Central Act No. 1 of 2010) inviting objections and
suggestions from the persons likely to be affected, there by with in one month
from the date of publication of notification in the official gazette.
Whereas the said gazette was made
available to the public on the 13th January 2011.
Whereas the objections and suggestions
received have been considered by the Government.
Now therefore in exercise of the
powers conferred by the sub section (2) of section 53 of the Legal Metrology
Act 2009 (Central Act No. 1 of 2010) and after consultation with the Central
Government, the Government of Karnataka here by makes the following rules
namely:-
Rule - 1. Short title and commencement.--
(1)
These rules may be called the Karnataka Legal
Metrology (Enforcement) Rules, 2011.
(2)
They shall come into force from 1st of April
2011.
Rule - 2. Definitions.--
(1)
In these rules, unless the context otherwise
requires,-
(a)
"Act" means the Legal Metrology
Act, 2009.
(b)
"Schedule" means a schedule
appended to these rules:
(c)
"Form" means form appended to this
rules.
(d)
"Section" means section of the Act.
(2)
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.
Rule - 3. Licencing of manufacturer, repairer and dealer of Weights and Measures.--
(1)
Every person who requires for manufacturer
licence or repairer licence or dealer licence in, weight or measure shall make
an application for the issue of a licence to the Controller of legal metrology
or such other officer as may be authorized by him in this behalf in the form
set out in Schedule I.
Provided that no licence to repair
shall be required by a manufacturer to 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 or repairer 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 form set out in Schedule II
(3)
Every licence issued to a manufacturer,
repairer or dealer shall be in the form set out in Schedule III.
(4)
Every licence issued to a manufacturer,
repairer, or dealer shall be valid for a period of one calendar year and may be
renewed for another period of every one calendar year, by the Controller or
such other officer as may be authorized by him in this behalf on payment of fee
as specified in the 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.
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 one month from the date of expiry of validity 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 set out in Schedule V.
(7)
Every manufacturer/repairer/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 the Act
shall be displayed in a conspicuous place in the premises where the licencee
carries on business.
(10)
Every licencee whose licence has been
cancelled shall, after such cancellation, surrender such licence to the
authority by which such licence was issued.
(11)
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 to 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 as may be specified by
the Controller of Legal Metrology.
(12)
Every manufacturer or repairer or dealer in
weight or measure licenced under the Act and rules shall maintain records and
registers in the form set out in Schedule VII and also submit such periodical
report/returns as may be specified by the Controller or such other officer
authorized by him in this behalf as the case may be.
Rule - 4. Verification and inspection of weights or measures.--
(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 concerned office of the Legal Metrology
Officer or at such other place with in the jurisdiction as the Legal Metrology
Officer may specify in this behalf on or before the date on which the
verification falls due:
Provided that where any weight or
measure is such that, it cannot 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 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 by general or special order.
(4)
Every weight or measure presented for
verification shall be complete in specifications as laid down under rule 11,
12, 13 and 14 of Legal Metrology (General) Rules, 2011.
(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 27 of Legal
Metrology (General) rules 2011, 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 or
(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 in the form specified in Schedule XI by the Controller, of the
defect or error found in the weight or measure and call upon the user to remove
the defect or error within such time, not exceeding eight days and shall
(i)
if user fails to remove the defect or 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.
(8)
(a) The Legal Metrology Officer shall stamp
every weight or measure, if after testing with duly verified stamped working
standards and it's 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.
(b) 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".
(c) On completion of verification and
stamping the Legal Metrology Officer shall issue a certificate of verification
in the form set out in Schedule VIII.
(d) 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 ten as specified in Schedule VIII(A).
(e) On receipt of an application under
clause (d) of sub-rule (8), the Legal Metrology Officer shall issue to the
applicant a duplicate copy of the certificate of verification marked
'DUPLICATE'.
(9)
(a) 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. But the maximum fees
shall not exceed Rs. 5,000/- as specified under Schedule XII of rule 25 of
Legal Metrology (General) Rules 2011.
(b) 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, 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
or actuals.
(c) 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 27 of Legal Metrology (General) Rules 2011
from the date on which it was last stamped, provided that the original stamp
was not obliterated.
(d) A weight or measure which on
verification/inspection 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 defects 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.
(10)
(a) 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 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.
(b) The Legal Metrology Officer shall
maintain a register, in the 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.
(c) 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.
(11)
Where a verified weight or measure has been
repaired, whether by a licenced repairer 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.
(12)
(a) 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.
(b) Every weight or measure shall be
used in a clean condition and in proper lighting arrangement
(c) 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.
(d) 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.
(e) 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 to ensure its correct delivery. In case of any short delivery
the dealer shall stop the delivery through the pump immediately and inform the
legal metrology officer concerned to recalibrate the pump and "shall
display the board in the premises with the following words "to ensure the
correct delivery a verified five litre measure is available to consumers".
(13)
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 be kept with the vehicle.
Rule - 5. Disposal of seized weights, measures, etc.--
(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 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 sections 15 of the Act, which is to be the
subject of proceedings in a court shall be produced before the court by the
legal metrology officer, he shall after the 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 thereof shall be credited to the
Government.
(3)
If any goods seized under sections 15 of the
Act, are subject to speedy or natural decay, the legal metrology officer shall
have the goods weighed or measured on a verified weighing or measuring
instrument available with him or nearest the place of offence and enter the
actual weight or measure of the goods in a form specified by the controller for
this purposes, and shall obtain the signature of the trader or his agent or
such other person who has committed the offence. The goods in question shall be
returned to the trader or the purchaser as the case may be:
Provided that if the trader or his
agent or the other person (who has committed the offence) refuses to sign the
form, the legal metrology officer shall obtain the signature of not less than
two persons present at the time of such refusal by the trader or his agent or
other person. In the case of goods returned to the traders he shall give an
undertaking that he shall not sell the defective goods without rectifying the
defects thereon.
(4)
Where the goods seized under sub-section (1)
of Section 15 of the Act are contained in a package and the package is false or
does not conform to the provisions of the Act or any rules made there under and
the goods in such package are subject to speedy or natural decay, the legal
metrology officer may dispose of the goods in such package in accordance with
the provisions of sub-rule (3) above.
Provided that the Legal Metrology
Officer shall be the final authority to decide whether the goods seized and
detained are subject to speedy or natural decay.
(5)
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.
(6)
The goods referred under sub-rule (4) and (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.
Rule - 6. Penalty for contravention of rules.--
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.
Rule - 7. Fee for compounding of offences.--
The fee for compounding of offences
Committed under the Act or under these rules shall be, as specified in Schedule
X.
Rule - 8. Repeal and Savings.--
The Karnataka standards of weights and
measures (Enforcement) Rules 1988 are hereby repealed.
Provided that such repeal shall not
affect,-
(a)
the previous operation of the said rules or
anything duly done or any action taken there under or
(b)
any right, privilege, obligation or liability
acquired, accrued or incurred under the said rules.