KERALA LEGAL METROLOGY (ENFORCEMENT) RULES, 2011

 

PREAMBLE

The following draft rules which the Government of Kerala propose to make in exercise of the powers conferred by section 53 of Legal Metrology Act, 2009 ( 1 of 2010 Central Act) is hereby published for the information of all persons likely to be affected thereby and notice is hereby given under subsection (4) of the said section that the said draft will be taken into consideration after the expiry of the period of 15 (fifteen) days from the date of publication of this notification in the Official Gazette.

Any objections or suggestions which may be received from any person in respect of the said draft before the expiry of the period so specified will be considered by the State Government. The objection should be addressed to the Secretary to Government, Consumer Affairs Department, Government Secretariat, Thiruvananthapuram.

Rule - 1. Short title and commencement.

(1)     These rules may be called the Kerala Legal Metrology (Enforcement) Rules, 2011.

(2)     They extend to the whole of the State of Kerala.

(3)     They shall come into force on such date as the Government may, by notification, appoint, and different dates may be appointed for different provisions of these rules.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,

(a)      "Act" means the Legal Metrology Act, 2009. (Act 1 of 2010)

(b)      Government means the Government of Kerala.

(c)      "Reference Standards Laboratory" means a laboratory set up by the Central Government for the purposes of this Act,

(d)      "Schedule" means a schedule appended to these rules:

(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. Reference Standards.

The Reference Standards shall be kept at such place, in such manner and in such custody as may be prescribed by the Central Government.

Rule - 4. Secondary Standards.

(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 by the Central Government 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 shall be issued by that laboratory.

(2)     The Secondary Standards shall be kept at such place, and in such custody as the controller may direct.

Rule - 5. Working Standards.

(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 Central Government, in such manner and at such periodical intervals as may be prescribed and if found on such verification to conform to the Standards established by or under the Act, be stamped or certificate of verification shall be issued by that laboratory as the case may be.

(2)     The Working Standards shall be kept in the custody of Legal Metrology officers.

Rule - 6. Secondary Standard balances.

(1)     A set of Secondary standard balance 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 by the Central Government.

(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.

Rule - 7. Working Standard Balances.

(1)     A set of Working Standard balance 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 by the Central Government (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 by the Central Government by the Reference Standard Laboratory or at any of the place where Secondary Standards are maintained by the Government.

Rule - 8. Physical characteristics, configuration, constructional details of Weights and Measures.

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 by the Central Government.

Rule - 9. Use of Bullion Weights, Carat Weights etc.

(1)     No Weight other than a Bullion Weight shall be used in any transaction or protection in bullion including precious metals, pearls, ornaments or other articles made of gold or silver and costly goods, the cost of which exceeds Rs. 10,000/- per kilo gram.

(2)     No weight other than a carat/bullion weights as prescribed by the Central Government 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-II) or special accuracy class (class-I) shall be used in any transactions referred to in sub rules (1) and (2)

Rule - 10. Use of weights only or measures only or number only in certain cases.

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.

Rule - 11. Licencing of manufacturer, repairer and dealer of Weights and Measures.

(1)     Every manufacturer 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 such form as set out in Schedule II-A.

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 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, Legal Metrology or such other officer as may be authorized by him in this behalf, in the such form as set out in Schedule II-B.

(3)     Every licence issued to a manufacturer, repairer or dealer shall be in such form as set out 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 yearly for a period upto five years, by the Controller or such other officer as may be authorised by him in this behalf on payment of yearly 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 as specified in Schedule IV.

Provided that an additional fee as 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 authorised by him in this behalf shall maintain a register of licenced manufacturers, dealers and repairers in such form as set out in Schedule V.

(7)     Every manufacturer, repairer, dealer licenced under the Act and these rules shall maintain such workshop or equipments or tools or 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 Government as specified in Schedule VI.

(9)     Every licence issued or renewed under this Act and this rules shall be displayed in a conspicuous place in the premises where the licensee carries on business.

(10)   A licence issued or renewed under this Act and this rules shall neither be saleable nor transferable.

(11)   Every person applying for a repair license should have passed at least a Metric Trade in ITI/VHSC or equivalent there of.

Rule - 12. Suspension and cancellation of licence granted.

(1)     The Controller or such other officer authorised by him on behalf may, if he has any reasonable cause to believe that the holder of any licence issued, renewed or continued under the Act or rules 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 there under, 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 being heard.

Provided further that where the inquiry referred to in this sub-section 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 authorised by him on his 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-section, cancel such licence:

Provided that no such licence shall be cancelled unless the holder thereof has been given a reasonable opportunity of being heard.

(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 authorised by him on his behalf may, on sufficient ground 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 authorised by him, in writing, in this behalf, may seize and dispose of the same and distribute the proceeds thereof in such manner as specified in this rules.

Rule - 13. Records to be maintained by manufacturers, etc.

Every manufacturer or repairer of, or dealer in weight or measure licenced under the Act and these rules shall maintain records and registers in form such as set out in Schedule VII and also submit such periodical report/returns as may be specified therein.

Rule - 14. 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 or re-verification, as the case may be 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 date on which the verification falls due:

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 its location, Legal Metrology Officer shall take necessary steps for the verification of such weight or measure at the place where it is located.

(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 sub-rule (2) of 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 require user to remove the defect or error within such time, not exceeding seven days and shall-

(i)       if the user fails to rectify the defect or error within that period, obliterate the stamp, or

(ii)      if the defect or error is so rectified 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 and these rules.

Rule - 15. Stamping of weights or measures.

(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 certificate of verification in such form as set out 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 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 hundred.

(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 with the mark 'DUPLICATE'.

Rule - 16. Fee for verification.

(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 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 Filling Instruments, Automatic Rail-weighbridge, Discontinuous Totalizing Automatic Weighing Instruments, and such other weight or measure which cannot, and shall not be removed 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 after 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, in cases were the original stamp was not obliterated

(5)     A weight or measure which on verification or 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 fee specified in schedule IX and if found correct shall be stamped.

Rule - 17. Collection of fee and deposit into the Treasury.

(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 authorised by the controller and issue a receipt on the form approved by the Controller, and one copy of such receipt being kept on record:

Provided that fee 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 form approved by the Controller, which shall be maintained up to date and shall show the amount of fee 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.

Rule - 18. 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 prescribed fees including the additional fees if any 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 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 dealt with as the controller may by special order direct and the material thereof shall be sold and the proceeds 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 the offence and endorse the actual weight or measure of the goods in a form specified by the controller for this purpose, 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 so far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (3).

Provided that the controller 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 direct by general or special order.

Rule - 19. Validity of weights or Measures duly stamped.

(1)     A weight or measure which is, or is deemed to be, duly verified and stamped under this Rule 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 re-installed 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 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.

Rule - 20. Supply of Working or Secondary Standards, equipment, etc. to the Legal Metrology Officer.

(1)     Every Legal Metrology Officer shall be provided with Working/Secondary Standards weights, Working or Secondary Standard balances, and such other equipment including 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 or 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 sizes of eight-pointed star as shown below for obliterating stamps.

Rule - 21. Use of weights, measure, etc.

(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 exposed to consumers.

(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 of one tonne, 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 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 through of the petrol or diesel dispensing pumps, the retail dealer of the pump shall keep a verified 5 litre or 10 litre capacity measures 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.

Rule - 22. Certificate of verification to be exhibited.

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 - 23. 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. Whenever rules are in conflict with the provisions of the Act, the Act shall prevail the rules.

Rule - 24. Form of appeal.

(1)     Every appeal under the Act and these rules shall be preferred in form such as set out in schedule X, and shall be accompanied by a copy of the order appealed against.

(2)     An application for appeal to Government shall be accompanied by fee of Rs. 500 and for appeal to Controller shall be accompanied by fee of Rs. 200 paid either in cash or by affixing court fee stamp for the said value as the case may be.

Rule - 25. Fee for compounding of offences.

The fee for compounding of offences committed under the Act shall be as specified in Schedule XI.

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KERALA LEGAL METROLOGY (ENFORCEMENT) RULES, 2011

 

PREAMBLE

The following draft rules which the Government of Kerala propose to make in exercise of the powers conferred by section 53 of Legal Metrology Act, 2009 ( 1 of 2010 Central Act) is hereby published for the information of all persons likely to be affected thereby and notice is hereby given under subsection (4) of the said section that the said draft will be taken into consideration after the expiry of the period of 15 (fifteen) days from the date of publication of this notification in the Official Gazette.

Any objections or suggestions which may be received from any person in respect of the said draft before the expiry of the period so specified will be considered by the State Government. The objection should be addressed to the Secretary to Government, Consumer Affairs Department, Government Secretariat, Thiruvananthapuram.

Rule - 1. Short title and commencement.

(1)     These rules may be called the Kerala Legal Metrology (Enforcement) Rules, 2011.

(2)     They extend to the whole of the State of Kerala.

(3)     They shall come into force on such date as the Government may, by notification, appoint, and different dates may be appointed for different provisions of these rules.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires,

(a)      "Act" means the Legal Metrology Act, 2009. (Act 1 of 2010)

(b)      Government means the Government of Kerala.

(c)      "Reference Standards Laboratory" means a laboratory set up by the Central Government for the purposes of this Act,

(d)      "Schedule" means a schedule appended to these rules:

(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. Reference Standards.

The Reference Standards shall be kept at such place, in such manner and in such custody as may be prescribed by the Central Government.

Rule - 4. Secondary Standards.

(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 by the Central Government 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 shall be issued by that laboratory.

(2)     The Secondary Standards shall be kept at such place, and in such custody as the controller may direct.

Rule - 5. Working Standards.

(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 Central Government, in such manner and at such periodical intervals as may be prescribed and if found on such verification to conform to the Standards established by or under the Act, be stamped or certificate of verification shall be issued by that laboratory as the case may be.

(2)     The Working Standards shall be kept in the custody of Legal Metrology officers.

Rule - 6. Secondary Standard balances.

(1)     A set of Secondary standard balance 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 by the Central Government.

(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.

Rule - 7. Working Standard Balances.

(1)     A set of Working Standard balance 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 by the Central Government (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 by the Central Government by the Reference Standard Laboratory or at any of the place where Secondary Standards are maintained by the Government.

Rule - 8. Physical characteristics, configuration, constructional details of Weights and Measures.

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 by the Central Government.

Rule - 9. Use of Bullion Weights, Carat Weights etc.

(1)     No Weight other than a Bullion Weight shall be used in any transaction or protection in bullion including precious metals, pearls, ornaments or other articles made of gold or silver and costly goods, the cost of which exceeds Rs. 10,000/- per kilo gram.

(2)     No weight other than a carat/bullion weights as prescribed by the Central Government 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-II) or special accuracy class (class-I) shall be used in any transactions referred to in sub rules (1) and (2)

Rule - 10. Use of weights only or measures only or number only in certain cases.

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.

Rule - 11. Licencing of manufacturer, repairer and dealer of Weights and Measures.

(1)     Every manufacturer 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 such form as set out in Schedule II-A.

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 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, Legal Metrology or such other officer as may be authorized by him in this behalf, in the such form as set out in Schedule II-B.

(3)     Every licence issued to a manufacturer, repairer or dealer shall be in such form as set out 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 yearly for a period upto five years, by the Controller or such other officer as may be authorised by him in this behalf on payment of yearly 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 as specified in Schedule IV.

Provided that an additional fee as 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 authorised by him in this behalf shall maintain a register of licenced manufacturers, dealers and repairers in such form as set out in Schedule V.

(7)     Every manufacturer, repairer, dealer licenced under the Act and these rules shall maintain such workshop or equipments or tools or 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 Government as specified in Schedule VI.

(9)     Every licence issued or renewed under this Act and this rules shall be displayed in a conspicuous place in the premises where the licensee carries on business.

(10)   A licence issued or renewed under this Act and this rules shall neither be saleable nor transferable.

(11)   Every person applying for a repair license should have passed at least a Metric Trade in ITI/VHSC or equivalent there of.

Rule - 12. Suspension and cancellation of licence granted.

(1)     The Controller or such other officer authorised by him on behalf may, if he has any reasonable cause to believe that the holder of any licence issued, renewed or continued under the Act or rules 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 there under, 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 being heard.

Provided further that where the inquiry referred to in this sub-section 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 authorised by him on his 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-section, cancel such licence:

Provided that no such licence shall be cancelled unless the holder thereof has been given a reasonable opportunity of being heard.

(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 authorised by him on his behalf may, on sufficient ground 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 authorised by him, in writing, in this behalf, may seize and dispose of the same and distribute the proceeds thereof in such manner as specified in this rules.

Rule - 13. Records to be maintained by manufacturers, etc.

Every manufacturer or repairer of, or dealer in weight or measure licenced under the Act and these rules shall maintain records and registers in form such as set out in Schedule VII and also submit such periodical report/returns as may be specified therein.

Rule - 14. 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 or re-verification, as the case may be 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 date on which the verification falls due:

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 its location, Legal Metrology Officer shall take necessary steps for the verification of such weight or measure at the place where it is located.

(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 sub-rule (2) of 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 require user to remove the defect or error within such time, not exceeding seven days and shall-

(i)       if the user fails to rectify the defect or error within that period, obliterate the stamp, or

(ii)      if the defect or error is so rectified 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 and these rules.

Rule - 15. Stamping of weights or measures.

(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 certificate of verification in such form as set out 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 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 hundred.

(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 with the mark 'DUPLICATE'.

Rule - 16. Fee for verification.

(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 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 Filling Instruments, Automatic Rail-weighbridge, Discontinuous Totalizing Automatic Weighing Instruments, and such other weight or measure which cannot, and shall not be removed 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 after 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, in cases were the original stamp was not obliterated

(5)     A weight or measure which on verification or 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 fee specified in schedule IX and if found correct shall be stamped.

Rule - 17. Collection of fee and deposit into the Treasury.

(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 authorised by the controller and issue a receipt on the form approved by the Controller, and one copy of such receipt being kept on record:

Provided that fee 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 form approved by the Controller, which shall be maintained up to date and shall show the amount of fee 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.

Rule - 18. 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 prescribed fees including the additional fees if any 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 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 dealt with as the controller may by special order direct and the material thereof shall be sold and the proceeds 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 the offence and endorse the actual weight or measure of the goods in a form specified by the controller for this purpose, 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 so far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (3).

Provided that the controller 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 direct by general or special order.

Rule - 19. Validity of weights or Measures duly stamped.

(1)     A weight or measure which is, or is deemed to be, duly verified and stamped under this Rule 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 re-installed 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 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.

Rule - 20. Supply of Working or Secondary Standards, equipment, etc. to the Legal Metrology Officer.

(1)     Every Legal Metrology Officer shall be provided with Working/Secondary Standards weights, Working or Secondary Standard balances, and such other equipment including 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 or 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 sizes of eight-pointed star as shown below for obliterating stamps.

Rule - 21. Use of weights, measure, etc.

(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 exposed to consumers.

(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 of one tonne, 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 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 through of the petrol or diesel dispensing pumps, the retail dealer of the pump shall keep a verified 5 litre or 10 litre capacity measures 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.

Rule - 22. Certificate of verification to be exhibited.

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 - 23. 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. Whenever rules are in conflict with the provisions of the Act, the Act shall prevail the rules.

Rule - 24. Form of appeal.

(1)     Every appeal under the Act and these rules shall be preferred in form such as set out in schedule X, and shall be accompanied by a copy of the order appealed against.

(2)     An application for appeal to Government shall be accompanied by fee of Rs. 500 and for appeal to Controller shall be accompanied by fee of Rs. 200 paid either in cash or by affixing court fee stamp for the said value as the case may be.

Rule - 25. Fee for compounding of offences.

The fee for compounding of offences committed under the Act shall be as specified in Schedule XI.