Frequently Asked Questions
1. What are Legal Metrology? What is the necessity of imposing these laws?
Means that part Metrology which treats units of weighment and measurement, methods weighment and measurement and weighing and measuring instruments in relation to the mandatory technical and legal requirement which have the object of ensuring public guarantee from the point of view of security and accuracy of weighment and measurement.
In order to ensure uniform enforcement of laws related to matters in Legal Metrology through out the country, the Govt. has enacted : (1) The Legal Metrology Act, 2009, (2) The Legal Metrology (Packaged Commodities) Rules, 2011, (3) The Legal Metrology (General) Rules, 2011, and (4) The Meghalaya Legal Metrology (Enforcement) Rules,2011.
2. Is there any licence to manufacture, sale or repair weights and measures ?
Yes, the Department issues licence to the manufacturer, dealer and repairer of weights &measures for dealing in weighing & measuring instruments, the licence is a must.
3. How can consumer ensure that any weight & measure is standard or not?
Every weight &measures is manufactured as per the specification and model laid down by the Govt. of India. Weight & measures used by the traders are verified & stamped by the Inspector of the Legal Metrology Department, after due verification, with a seal for ensuring the integrity of the stamp of Inspector and quarter in which it is verified.
4. Who is the competent authority to grant licence?
Controller of Legal Metrology Department is the competent authority to grant the licence. Application for licence should be submitted to the Inspector of Legal metrology who will inspect the firm and forward the same to Controller of Legal Metrology with recommendation for consideration.
5. Who is packer ?
Any person or a firm, which pre-packs any commodity whether in a bottle, tin, wrapper or otherwise in units suitable for sale, is a Packer. Packers need to get themselves registered with this Department.
6. What is pre-packed commodity?
Any commodity which, is placed in a package without the purchaser being present, of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity is a pre-packed commodity.
7. Can a dealer charge legally more than the maximum retail price mentioned on the package?
No, overcharging is an offence for which the trader can be prosecuted.
8. What is calibration?
Means all the operations which are necessary for the purpose of determining the value of errors of a weight or measures and if necessary Verification and stamping of the capacity of the Vehicle Tank or its compartment or any equipment is called Calibration to determine the other Metrological properties of such weight or measures, also includes the actual fixing of the position of a gauge marks or scale marks may also be carried out with a view to permitting the use of weight or measures as a standard.
9. What is the validity period of different weight or measure?
Name of Weights & Meaures | Validity Period |
---|---|
Tank Lorries |
24 Months |
Cast Iron Weights |
24 Months |
Bullion Weights |
24 Months |
Sheet Metal Weights |
24 Months |
Counter Machine |
24 Months |
Capacity Measure |
24 Months |
Beam Scale |
24 Months |
Length Measure |
24 Months |
Electronic Scale |
12 Months |
Platform Machine |
12 Months |
Weighbridges |
12 Months |
Fuel Dispenser |
12 Months |
Storage Tank |
5 Years |
Dispensing Pump |
One year |
Weights & Measures |
One year |
For the facility to the Traders the Government has created four Quarters (A)i.e Jan. to March (B) April to June (C) July to September (D) October to December.
For example:- Any Weight or Measure got verified in January it can be re-verified up to next due (A) Quarter i.e, within January to March without any penalty.
10. Who is the competent Authority for grant of registration to Packer/Manufacturer/ Packaged Commodities?
The Controller, Legal Metrology is the competent Authority to grant. Registration as Packer/Manufacturer/Importer of packaged commodities.
11. What are the precautions to be taken by a person while purchasing Pre-Packed Commodities from Whole seller/ Supplier/ Manufacturer/ Shopkeeper?
Every person who either purchase or sells any Commodity in Pre-packed form should ensure that it bears the following declarations:-
Name and Address of Manufacturer/Packer/Importer.
ii. The common and generic names of the commodities.
iii. Net-quantity in terms of Standard Unit of weight or measure.
iv. Month & year of Manufacture/Packing/Import.
v. Sale price of item/packet as MRP Rs ____ (inclusive of all taxes).
vi. Expiry date in case of eatable item.
vii. Contact No. of the manufacturer/ packer or email address if available of the person who can be or the officer which can be contacted in case of consumer complaints.
viii. Affixing individual stickers is not permissible for making declaration under these Rules.
12. What are the requirements while purchasing the IMPORTED Items?
The followings are the mandatory declarations required on a packet which have been imported and available for sale:
i. Name and Address of the Importer OR packer OR Manufacturer.
ii. The common and generic names of the commodities.
iii. Net quantity in terms of Standard Unit of weight or measure.
iv. Month and Year of Packing/importing.
v. Maximum Retail Price MRP
Rs ..………. (Inclusive of All Taxes).
vi. Contact no./ email of the manufacturer/packer/importer.
vii. Declaration may be printed on a Label securely affixed to the package or on a package itself.
viii. Declaration shall be printed in Hindi or in English.
13. What are the items on which the Legal Metrology ( Packaged Commodities) Rules, 2011 are not applicable?
The following are the items on which the PCR, 2011are not applicable:-
1. Any raw material for the use of Industrial purpose only.
2. Any part or material used in any Workshop, Service Station repairing
bicycle, tricycle and Motor cycle.
3. Fast food items packed by Restaurant/hotel and the like.
4. Drugs/Medicines covered under Drug Control Order 1955. Scheduled and Non Scheduled formulation covered under the Drugs (Price Control) Order, 1995 made under Section 3 of Essential Commodities Act, 1955 (10 of 1955).
5. Agricultural form products in packages of above 50 Kg.
14. Can a person sell or use unstamped weights or measures?
No, weights or measure shall be sold or offered, exposed or possessed for sale or used or kept for use in any transaction or for protection unless it has been verified & stamped that too by a licenced manufacturer/dealer of Legal Metrology Officer.
15. Is the licence issued under Legal Metrology Act transferable?
No, Alicence issued or renewed under this Act is not saleable or otherwise transferable.
16. Is it necessary to display the certificate of verification?
It is necessary to display every certificate of verification granted under the Act at a conspicuous place in the premises where such weights or measures are being, or intended or likely to be used in any transaction or for protection.
17. What is the penalty if a person fails to get the weights or measure verified or re verified in due time?
Whoever, being required to present any weight or measure for verification or re-verification, omits or fails without any reasonable cause to do so, shall be punished with fine which may not be less than two thousand but may extends to ten thousand rupees and such weight or measure can be seized on inspection.
18. Is the licence for manufacturers/repairers/dealers of any weight & measure compulsory under the Legal Metrology Act,2009. If so, what are the fees?
Yes, under sec.23 of Legal Metrology Act, 2009. no person shall make, manufacturer, repair, sell any weight or measure unless he holds a valid licence. Licence fees as per Schedule – IV of the Meghalaya Legal Metrology (Enforcement) Rules, 2011.
19. Where the consumer can complain in case he finds any violation of Legal Metrology Act & Rules?
He can lodge a complain in the Office of Controller of Legal Metrology, Assistant Controller of Legal Metrology and in the Office of Inspector of Legal Metrology of the concerned District/ Sub- Division.
20. What is the penalty if a person whogives short / less deliveries?
He shall be punished with fine which may extend to Rs. ten thousand.
21. What is the penalty if a person charges more than MRP printed in the packaged commodities?
He shall be punished with fine which may extend to Rs. two thousand
22. Is it mandatory for the user of weights &measures that he gets them verified and stamped only through licensed Dealer / Repairer?
No, it is not mandatory. The user himself can get the weights &measures verified & stamped from the Inspector of concerned District/ Sub- Division.
23. Can any person use for commercial purpose any non verified weights & measures?
No, a person cannot use any unverified & unstamped weights &measure in any circumstances. He must use only weights & measures duly verified and stamped by the Legal MetrologyDepartment.
24. Who is the competent authority to register any person who intends to import or export any weights &
measures?
Every person who intends to import/export any weight &measure needs to register himself with Department of Legal Metrology, Government of India as importer/exporter.
25. What are the instances where stamping and verification is not necessary under the Legal Metrology Act, 2009?
The provisions of this Act, in so far as they relates to the verification and stamping of weights & measures, shall not apply to any weights &measures which is:
- Used in any factory exclusively engaged in the manufacture of arms, or ammunitions or both, for the use of the armed forces of the union.
- Used for scientific investigation or for research.
- Manufactured exclusively for export.
26. What are the words or expression which can not be used on the pre-packed commodities?
The following words or expression which tends to create an exaggerated, misleading or inadequate impression as to the quantity of the commodity contained in the package like minimum, not less than, average, about, approximately or other words of similar nature.
27. Where to make application for registration as Packer or importer of package commodities?
Application can be made to the Director of Legal Metrology, Government of India or ControllerLegal Metrology of States and UTs.
28. Can a packer paste stickers on printed MRP on the plea of rate revised?
No.
29. Can a chemist overcharge beyond MRP on plea that medicine are not covered under Legal Metrology Rules?
Exemption in respect of Scheduled and Non-Scheduled formulations covered under the Drugs (Price Control) Order, 1995 made under Section 3 of the Essential Commodities Act, 1955 (10 of 1955).
30. Where the complaint regarding short delivery of LPG / Petrol can be made?
Complaints may be made In the office of Controller of Legal Metrology, zonal office (Assistant Controller of Legal Metrology) and Inspector of Legal Metrology office of the concerned district office / Sub-Division.
31. What is the penalty if short weight cylinders are sold?
For short delivery of Gas Cylinders the fine can be imposed which may extend to Rs.10,000/-.
32. Where are courts of Legal Metrology Department made to protect the rights of the consumers? Can anybody lodge the complain there ?
Any person aggrieved or a recognised consumer association can file its complaint in the Court of National, State and District Consumer Forum.
33. Where complaints can be made of Legal Metrology Department about short Weighment? If there is necessary to disclose identity to make such complaints ?
Complaints can be made to the Office of the Controller of Legal Metrology, Assistant Controller and respective Inspector of Legal Metrology or over telephone or in writing or by email.
34. Where complaints could be made against the officials of the department ?
In the Office of 1) Controller of Legal Metrology or 2) Commissioner & Secretary , Legal Metrology Department, Shillong.
35. What work is looked after by the Legal Metrology District Offices ?
The main works of the Inspector of Legal Metrology in the District is to verify and stamp the weight and measure, weighing and measuring instrument regularly. In the mean time he has to inspect and check the weights and measures and other activities related to Legal Metrology Department.
36. How the stamping is done in the District Office of the Legal Metrology Department?
Every weight &measure, weighing & measuring instruments is checked for accuracy and after receiving the prescribed Government fees, the weights &measures is stamped by the seal provided to the Inspector of Legal Metrology and verification Certificate is issued simultaneously, the request has to be made for the stamping. The fees realised is deposited to Government Treasury regularly.
37. How theLegal Metrology District organised ?
The Legal Metrology is organised in the eleven districts and one Sub-Division of the State to carry out the work entrusted to each officer. The District Office is looked after by Inspector of Legal Metrology along with his staff.