Commercial Laws paper of the CS Executive Programme. Commercial's A Treatise on Legal Metrology Act 2009 by S V GUPTA Edition 2019 Welcome Guest ! Mutual Divorce under Section 13(B) of the Hindu Marriage Act:             (vii) amount of substance shall be the mole. Designation of verification bodies 8. Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.       (e) manner of notifying Government approved Test Centre, terms and conditions and fee to be paid under sub-section (3) of section 24; (2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both. Simplified definition of Packaged Commodity and … Checkout. (7) The Central Government may, with the consent of the State Government and subject to such conditions, limitations and restrictions as it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal metrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fit to any legal metrology officer and where any such delegation of powers is made by such Controller, the person to whom such powers are delegated shall exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation. (4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule. 1. The new law … The Rules will be adopted and notified by all State Governments and UTs for enforcement with effect from the 1st April, 2011. Understanding Legal Metrology Act, 2009 & Packaging & Labelling Laws in India .             (ii) any assessment of royalty, toll, duty or other dues, or (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees.       (g) the qualifications of the Director and legal metrology officers under sub-section (2) of section 13; This violates “Section 18 (1) of the Legal Metrology Act 2009 read with and 6(10) of the Legal Metrology (Packaged Commodity) Rules 2011, which is punishable under Section 36 (1) of the Legal Metrology Act, 2009,” it said. Judgment Search Results Home > Cases Phrase: legal metrology act 2009 Year: 1997 Page 1 of about 1,021 results (0.128 seconds) Oct 09 1997 (HC) K.M.       (j) the standard quantities or number and the manner in which the packages shall bear the declarations and the particulars under sub-section (1) of section 18; It has been prepared to provide basic understanding of some of the Economic, Business and Commercial laws thereunder, which have a bearing on the conduct of corporate affairs. 8. The Legal Metrology (Packaged Commodities) Rules, 2011: It is a rule …       (a) “Controller” means the Controller of Legal Metrology appointed under section 14; Declarations on pre-packaged commodities.-1. Whoever obstructs the Director, the Controller or any legal metrology officer with intent to prevent or deter the Director or the Controller or any legal metrology officer from exercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or the Controller or any legal metrology officer in the lawful exercise of his powers or discharge of his functions as such, or whoever obstructs the entry of the Director or the Controller or any legal metrology officer into any premises for inspection and verification of any weight or measure or any document or record relating thereto or the net contents of any packaged commodity or for any other purpose shall be punished with imprisonment for a term which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years. Related CS Bare Acts Books. Whoever, being required to obtain a licence under this Act or the rules made thereunder repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in possession of a valid licence, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. November 2020. Acts yearwise: List Of Acts Of 2010. Explanation.—For the purposes of this section,— Excellent Communication; Positive Approach; analytical ability; Interpersonal Skills; 5 Days Ago. Part II, Sec.             (ii) manufactures one or more parts, and acquires other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,       (j) “notification” means a notification published in the Official Gazette; Explanation.—Where a company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this sub-section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, branch or unit. The Legal Metrology Act, 2009. Companies should act now if they are affected by the withdrawal. Whoever alters or otherwise tampers, with any licence issued or renewed under this Act or rules made thereunder, otherwise than in accordance with any authorisation made by the Controller in this behalf, shall be punished with fine which may extend to twenty thousand rupees, or with imprisonment for a term which may extend to one year or with both. The Agency shall have a Management Board consisting of one representative of each Member State and two representatives of the Commission. (1) Where an offence under this Act has been committed by a company,— __________.             (iii) he makes a request in writing to the Director or the concerned Controller or the legal metrology officer under intimation to the company, to cancel the nomination, which request shall be complied with by the Director or the concerned Controller or the legal metrology officer, whichever is the earliest, continue to be the person responsible: CS A RENGARAJAN HOME ABOUT ME CONTACT US.             (i) a place where any business, industry, production or transaction is carried on by a person, whether by himself or through an agent, by whatever name called, including the person who carries on the business in such premises, Every person, before manufacturing or importing any weight or measure shall seek the approval of model of such weight or measure in such manner, on payment of such fee and from such authority as may be prescribed: (1) The Standards of Weights and Measures Act, 1976 Issue Id: - 114553 Dated: 29-1-2019 By:-jithin mathew : Legal Metrology Act 2009.       (e) “import” with its grammatical variations and cognate expressions, means bringing into India from a place outside India; Necessity is a fundamental principle when assessing the restriction of fundamental rights, such as the right to the protection of personal data. 2020-12-18: R 129:2020 published. You have the right to know why, how and who is involved in making these decisions and laws. 18.       (q) the error in net quantity under sub-section (2) of section 36; The Employees' State Insurance Act, 1948 was enacted by the legislature as an integrated need based on the social insurance scheme. THE LEGAL METROLOGY ACT, 2009 ACT NO. (4) Every legal metrology officer appointed under sub-section (1) shall exercise powers and discharge duties under the general superintendence, direction and control of the Director. (Enforcement) Act, 1985 (54 of 1985) which are in force immediately before the commencement of this Act shall remain in force until the State Government, makes rules in that behalf. Provided further that the prescribed authority may, if he is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards established by or under this Act, approve such model without any test or after such test as he may deem fit. Mutual Divorce U/s .13 (B) Divorce U/s.       (a) searches, or causes to be searched, any house, conveyance or place; or             (ii) mass shall be the kilogram; Whoever uses or keeps for use any weight or measure or makes use of any numeration otherwise than in accordance with the standards of weight or measure or the standard of numeration, as the case may be, specified by or under this Act, shall be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine. (3) The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 to 47, and any rule made under sub-section (3) of section 52: 2. Objectives of the Act. Court : Kerala.       (a) does not conform to the standards of weight or measure specified by or under this Act; or It is very important for trade and our everyday lives. — (1) This Act may be called the Customs Tariff Act, 1975.             (iv) every local authority within the territory of India, "dealer", in relation to any weight or measure, means a person who, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measure, whether for …       (e) express in relation to any transaction or protection, any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure or numeration. In this … 2009. No weight or measure, whether singly or as a part or component of any machine shall be imported unless it conforms to the standards of weight or measure established by or under this Act.             (i) further notice cancelling such nomination is received from the company by the Director or the concerned Controller or the authorised officer; or Features of Legal Metrology act Features of Legal metrology act. (3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal, a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the decision or order appealed against or may send back the case with such direction as it may think fit for a fresh decision or order after taking additional evidence, if necessary.             (i) certifying that such weight or measure conforms to the standard specified by or under this Act, or (3) In making any rule under this section, the State Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees. Legal metrology is the science of measurement.       (m) the manner, fee and authority for approval of models under section 22; 1.       (g) “Legal Metrology” means that part of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements; 2020-11-26: CIML Member for Poland. (1) Where any Government approved Test Centre contravenes any of the provisions of this Act or the rules made thereunder, or the conditions of the licence, it shall be punished with fine which may extend to one lakh rupees. Log In ... CS Executive Module 2. Legal Metrology (Approval of Models) Rules, 2011 (14.8mb) Legal Metrology (Numeration) Rules, 2011 (5.4mb) Legal Metrology (Packaged Commodities) Rules, 2011 (36.3mb) The Indian Institute of Legal Metrology Rules, 2011 (5.2mb) Legal Metrology Act, 2009 (12mb) Standards of Weights and Measures and Enforcement Act, 1976       (c) manufactured exclusively for export. Whoever renders or causes to be rendered, any service through means other than the weight or measure or numeration or in terms of any weight, measure or number other than the standard weight or measure, shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both. My Account. Application and objects of Act 3.             (viii) every other society registered under the Societies Registration Act, 1860 (21 of 1860); December 2020. List Judgments citing this section Required fields are marked *.       (w) “weight or measure” means a weight or measure specified by or under this Act and includes a weighing or measuring instrument. Analyst- Company Secretary. 56.             (iii) the assessment of any work done, wages due or services rendered; Appointment of verification officers 9. (4) Every search or seizure made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures. Every unit of weight or measure shall be in accordance with the metric system based on the international system of units. (3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral. 18.7.2009 M2. (4) No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8: The annual renewal of subscription time was in the month of December, and he forget to renew.       (i) “manufacturer” in relation to any weight or measure, means a person who—             (ii) where no person has been nominated, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company; and       (a) enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto;       (b) “director”, in relation to a firm, means a partner in the firm but excludes nominated directors, honorary directors, Government nominated directors.       (p) “repairer'' means a person who repairs a weight or measure and includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standards established by or under this Act; (2) Whoever obtains, by unlawful means, any seal specified by or under this Act or the rules made thereunder and uses, or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seal is authorised by or under this Act or the rules made thereunder shall be punished with imprisonment for a term which shall not be less than six months but which may extend to one year and for the second or subsequent offence, with imprisonment for a term which shall not be less than six months but which may extend to five years.       (k) the manner and registration and the fee under section 19; Whoever imports any non-standard weight or measure shall be punished with fine, which may extend to fifty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. THE LEGAL METROLOGY ACT, 2009 – CS Executive Important Questions. The Institute of Company Secretaries of India does not own any responsibility whatsoever for such contents or claims by the R & A Associates. Act No. (4) Every legal metrology officer appointed under sub-section (1) shall exercise and discharge the duties under the general superintendence, direction and control of the Controller. 3(ii).       (c) physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests under sub-section (4) of section 7; (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—       (i) any contract, whether for sale, purchase, exchange or any other purpose, or (5) The Director, the Controller and every legal metrology officer authorised to perform any duty by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).       (d) fee for verification and stamping of any weight or measure under sub-section (1) of section 24;       (k) “protection” means the utilisation of reading obtained from any weight or measure, for the purpose of determining any step which is required to be taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively; …             (i) length shall be the metre; In this Act, unless the context otherwise requires,—       (a) “company” means any body corporate and includes a firm or other association of individuals; and 1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), shall, if in force, at the commencement of this Act, continue to be in force and have effect as if it was made under the corresponding provision of this Act. (7) The expenses of any publication under sub-section (5) shall be recoverable from the company as if it were a fine imposed by the court.             (i) a Hindu undivided family, (1) Whoever gives any information to the Director, the Controller or any legal metrology officer, which he may require or ask for in the course of his duty, and which such person either knows or has reason to believe to be false, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to six months and also with fine. Provided further that where such person makes a request under clause (iii) the Director or the concerned Controller or the authorised officer shall not cancel such nomination with effect from a date earlier than the date on which the request is made. Yesterday when we approached, the authority … Legal Metrology Act, 2009 & Legal Metrology (Packaged Commodities) Rules, 2011 (Ammended upto November 2012) Indian Small Scale Paint Association 104, Shubham Center No. (2) The qualifications of the Controller and legal metrology officers appointed under sub-section (1) shall be such as may be prescribed. No person shall import any weight or measure unless he is registered with the Director in such manner and on payment of such fees, as may be prescribed. Provided that such approval of model may not be required in respect of any cast iron, brass, bullion, or carat weight or any beam scale, length measures (not being measuring tapes) which are ordinarily used in retail trade for measuring textiles or timber, capacity measures, not exceeding twenty litre in capacity, which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors: 37661 GOVERNMENT GAZETTE, 19 May 2014 Act No. Section 49 in The Legal Metrology Act, 2009. Since 1 January 2009, the development and publication of standards in the Czech Republic have been ensured by the Czech Office for Standards, Metrology and Testing (UNMZ), on the basis of Act 22/1997 Coll. Is a must for becoming a competent and efficient Company secretary 2009 Packaging! To consolidate and amend the Law relating to Customs Duties of this Act has been committed by Company! 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