(iv) every local authority within the territory of India, Ebook Indian Penal Code 1860 ₹450.00 ₹187.50.             (v) a company, firm and association of individuals, All rights reserved.             (i) further notice cancelling such nomination is received from the company by the Director or the concerned Controller or the authorised officer; or of 16 December 1999. on orphan medicinal products. The OIML-CS replaced the OIML Basic Certificate System and the OIML MAA on 1 January 2018... More info News & Events. (3) It shall come into force on such date 1 3(ii). (4) No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8: Demystify Law; Legal Metrology Act, 2009 (Act I of 2010) Legal Metrology Act, 2009 (Act I of 2010) July 2, 2011. Section 36 in The Legal Metrology Act, 2009. 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. (2) Every numeration shall be made in accordance with the decimal system. Buy this goUnlimited 63% Off. Existing Director, Controller and legal metrology officer not to be affected by the new qualification to be prescribed. (3) Every reference standard, secondary standard and working standard which is not verified and stamped in accordance with the provisions of sub-section (2) shall not be deemed to be a valid standard. It is very important for trade and our everyday lives. (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. (5) Where any company is convicted under this Act for contravention of any of the provisions thereof, it shall be competent for the court convicting the company to cause the name and place of business of the company, nature of the contravention, the fact that the company has been so convicted and such other particulars as the court may consider to be appropriate in the circumstances of the case, to be published at the expense of the company in such newspaper or in such other manner as the court may direct. Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified weight or measure shall be punished with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. Explanation.—For the purposes of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence. Legal Metrology Act 2009, Other Topics. The new features of the Act are: Appointment of Government approved Test Centers for verification of weights and measures. 18.7.2009 M2. 2020-12-18: R 129:2020 published. Corporate Restructuring, Insolvency, Liquidation & WInding-up ; CS … Legal Metrology Act, 2009. The Legal Metrology Act, 2009 replaces the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act , 1985. (1) Every non-standard or unverified weight or measure, and every package made in contravention of section 18, used in the course of, or in relation to, any trade and commerce and seized under section 15, shall be liable to be forfeited to the State Government: 2020-12-14: 55th CIML: Summary Report / Resolutions (FR) 2020-12-14: D 35:2020 and D … SINMETRO, CONMETRO and INMETRO were created by Brazilian Law 5966, of 11 of December 1973. 8. (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. December 2020. Reported in : 1998CriLJ327..... the matter. 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. as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. Provided that such unverified weight or measure shall not be forfeited to the State Government if the person from whom such weight or measure was seized gets the same verified and stamped within such time as may be prescribed. Users can get information about the Act, its objectives, extent, short title and commencement.       (a) does not conform to the standards of weight or measure specified by or under this Act; or 1st March, 2011, vide notification No. Acts yearwise: List Of Acts Of 2010.             (ii) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited, goUnlimited goUnlimited Bare Act - Gold Pack ₹333.00 ₹149.25. (4) The physical characteristics, configuration, constructional details, materials, equipments, performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be prescribed. (1) Any offence punishable under section 25, sections 27 to 39, sections 45 to 47, or any rule made under sub-section (3) of section 52 may, either before or after the institution of the prosecution, be compounded, on payment for credit to the Government of such sum as may be prescribed. The legal status is relevant to UNMZ. The new features of the Act are: Appointment of Government approved Test Centers for verification of weights and measures. (2) Every reference standard, secondary standard and working standard shall be verified and stamped in such manner and after payment of such fee as may be prescribed. Wishlist. The OIML-CS replaced the OIML Basic Certificate System and the OIML MAA on 1 January 2018... More info News & Events. (1) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a licence issued by the Controller under sub-section (2): Commercial's A Treatise on Legal Metrology Act 2009 by S V GUPTA Edition 2019 Welcome Guest ! (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. (1) The reference standards, secondary standards and working standards of weights and measures shall be such as may be prescribed. Your email address will not be published. various provisions of the Companies Act is a must for becoming a competent and efficient Company Secretary. Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector appointed under sections 13 and 14; Legal Metrology Act, 2009 (Act I of 2010) Legal Metrology Act, 2009 (Act I of 2010) July 2, 2011. 2020-12-14: 55th CIML: Summary Report / Resolutions (FR) 2020-12-14: D 35:2020 and D 36:2020 published. A Treatise on Legal Metrology Act, 2009 Law Books Buy Online at Best Prices ?             (ii) any assessment of royalty, toll, duty or other dues, or Provided that no decision or order shall be varied under this sub-section so as to prejudicially affect any person unless such person has been given a reasonable opportunity of showing cause against the proposed action.             (i) a Hindu undivided family, In the ‘Small Business Act’ for Europe (3) ... names and proposals for harmonisation of classification and labelling of substances to the Agency since 20 January 2009, date of the entry into force of Regulation (EC) No 1272/2008.             (ii) he ceases to be a director of the company; or 18.       (d) reference standards, secondary standards and working standards of weights and measures under sub-section (1) of section 9; (1) Where an offence under this Act has been committed by a company, .       (d) indicate the net quantity of a pre-packaged commodity, or (3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as may be prescribed.       (s) “seal” means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp; Part II, Sec. Every person who manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or measure which,—       (a) in selling any article or thing by weight, measure or number, delivers or causes to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted for or paid for; or Objectives of the Act. (1) No person shall, in relation to any goods, things or service,—       (r) “sale”, with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or for any other valuable consideration and includes a transfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods; (2) The management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible for admission thereto shall be such as may be prescribed. (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). Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985.       (a) the time within which the weight or measure may be got verified under proviso to sub-section (1) of section 16;       (n) “premises” includes—       (c) prepare or publish any advertisement, poster or other document, or Vs. K.A.       (b) which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight, measure or numeration specified by or under this Act, except where he is permitted to do so under this Act, shall be punished with a fine which may extend to twenty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to three years or with fine or with both. (1) The base unit of numeration shall be the unit of the international form of Indian numerals. (3) The person nominated under sub-section (2) shall, until— (2) The qualifications of the Controller and legal metrology officers appointed under sub-section (1) shall be such as may be prescribed. 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.       (a) used in any factory exclusively engaged in the manufacture of any arms, ammunition or both, for the use of the Armed Forces of the Union; THE LEGAL METROLOGY ACT, 2009 ACT NO. 24.05.2010. __________. Required fields are marked *. The Income Tax Department NEVER asks for your PIN numbers, passwords or similar access information for credit cards, banks or other financial accounts through e-mail..             (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 (1) Every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or is likely to be, used by him in any transaction or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the Controller may, by general or special order, specify in this behalf, on payment of such fees as may be prescribed. Under the Hindu Marriage Act, 1955 there are two sections for Divorce.       (c) from every decision given by the Controller of Legal Metrology under delegated powers of Director Legal Metrology to the Central Government; (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. Extract from Section 23 of Legal Metrology Act 2009 (1) No person shall manufacture, repair or sell or offer, expose or possess for repair or sale, any weight or measure unless he holds a valid licence issued by the Controller under sub-section (2) Provided that no licence to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the …       (q) the error in net quantity under sub-section (2) of section 36;       (q) “State Government”, in relation to a Union territory, means the Administrator thereof;             (v) affixes the stamp so removed on, or inserts the same into, any other weight or measure, 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. (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:— (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. (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. Issue Id: - 114553 Dated: 29-1-2019 By:-jithin mathew : Legal Metrology Act 2009.             (iv) puts, or causes to be put, his own mark on any complete weight or measure made or manufactured by any other person and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be;             (vii) amount of substance shall be the mole. Welcome to TS Legal Metrology. 57.       (w) “weight or measure” means a weight or measure specified by or under this Act and includes a weighing or measuring instrument.       (o) “prescribed” means prescribed by rules made under this Act; (1) Subject to the provisions of sub-section (2), an appeal shall lie,—       (a) the specification of the base units of measures and base unit of mass under sub-section (2) of section 5; … Provided that where such person ceases to be a director of the company, he shall intimate the fact of such cessation to the Director or the concerned Controller or the authorised officer: (2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral. (2) The rules made by a State Government under the Standards of Weights and Measures             (i) length shall be the metre; The Legal Metrology Act 2009 imposes standard pack sizes for certain commodities as a consumer protection measure (see Section III. (2) The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) of section 52.       (i) the manner of disposal of goods under sub-section (3) of section 15; (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. All matters relating to the implementation and enforcement of the Metrology Acts 1980 to 1998, the Legal Metrology (Measuring Instruments) Act 2017 (No. 2009. Act No.       (i) “manufacturer” in relation to any weight or measure, means a person who— No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed. It is concerned with technical and statutory requirements to safeguard the public Interest from the point of view of security and accurancy of …             (iii) possesses any counterfeit seal, or (2) The provisions of sub-section (1) shall not be applicable for export of any goods, things or service.       (a) “Controller” means the Controller of Legal Metrology appointed under section 14; The punishment for the first offence is a fine of up to Rs 25,000.             (ii) indicating that any mark which was previously made thereon certifying that such weight or measure conforms to the standards specified by or under this Act, has been obliterated;       (d) fee for verification and stamping of any weight or measure under sub-section (1) of section 24; S.O. Get details about the Legal Metrology Act, 2009. Preamble Chapter I - PRELIMINARY 1. CS A RENGARAJAN HOME ABOUT ME CONTACT US. 2020-12-18: R 129:2020 published.       (a) “company” means any body corporate and includes a firm or other association of individuals; and The provisions of the Indian Penal Code (45 of 1860) and section 153 of the Code of Criminal Procedure, Gazette Notifications in this respect have been published.       (a) from every decision or order under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52 by the legal metrology officer appointed under section 13, to the Director; Packaging and Container Regulations). Note: Statistical data relate to the Czech Standards Institute that was dissolved as of 2008-12-31. Features of Legal Metrology act Features of Legal metrology act. November 2020. An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. 1. Attachment File: Download The file (315.78 KB) Act No. THE CUSTOMS TARIFF ACT, 1975 [ACT NO. (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:— Declarations on pre-packaged commodities.-1. Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be imposed under this Act for the offence so compounded.       (l) “pre-packaged commodity” means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity; To ensure a coherent application of the measuring instruments directives, the Commission and WELMEC (European Cooperation in Legal Metrology) prepared a set of guidance. 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. (3) Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director, Related Links. Recent Amendments. Decided on : Oct-09-1997. Whoever, being required to obtain a licence under this Act or the rules made thereunder, manufactures, without being in possession of a valid licence, any weight or measure, shall be punished with fine which may extend to twenty 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.             (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: 2020 …       (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;       (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; 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. Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not … The Payment of Gratuity Act, 1972 was amended through notification dated 31.12.2009 to cover teachers in educational institutions w.e.f. 2020-11-26: CIML Member for Poland. The EU’s legislation on legal metrology is one of the pillars of the single market for products. (4) Whoever sells or offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe, bears thereon a counterfeit stamp, 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. (1) The base unit of— 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. 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. Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days.             (v) a vehicle or vessel or any other mobile device, with the help of which any transaction or business is carried on; 9 of 2014: Legal Metrology Act, 2014 AIDS HELPLINE: 0800-123-22 Prevention is the cure . (5) The Central Government or the State Government, as the case may be, may on its own motion or otherwise, call for and examine the record of any proceeding including a proceeding in appeal in which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such orders thereon as it may think fit: A Associates ) No offence under this Act, unless the context otherwise requires, -a necessity a. ; financial & strategic legal metrology act, 2009 cs executive ; Securities Laws & Capital Markets ; CS Get! Capital Markets ; CS … Get details about the Act is also available market... - section 1 also notified the following Rules made under the Legal Metrology the Controller Legal... Which conforms to the whole of India, Extraordinary, Part II, Sec system of units Legal general... The Republic of India as follows: — 2009 Law Books Store - Huge Collection of Books. 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