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Synopsis of the new act and the rules made there under:

July 2, 2011

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Definition of Pre-packaged commodities : The significant changes that are discernible between the earlier and the new leaner version of the legislation include pre-packaged commodities being defined in the Act itself rather than in the rules, and the same now being linked with the quantity rather than the value. Appointment of Controller and Other Officers of Legal Metrology: Officers will be appointed by the State Government under Section 14(1) but their qualification will be prescribed by the Central Government under Section 52(2)(h) Declaration on Pre-packaged commodities: Manufacturing, packing, selling or importing any pre-packaged commodity is prohibited unless it is in a standard quantity and carries all prescribed declarations and penal provision is also there. Any advertisement mentioning retail price of packaged commodity shall also contain the net quantity    thereof. If the net quantity in a pre-packaged commodity is short or excess beyond the prescribed MPE, the offence will be punishable. Approval of Model: All weights or measures, except cast iron, brass, bullion or carat weight, beam scales, length measure (but not measuring tape) and capacity measures up to 20 litre capacity, will require approval of model before manufacturing or importing and the penal provision is also mentioned under this Act License: No person shall manufacture, sell or repair any weight or measure without obtaining a license from the Controller of Legal Metrology. A licensee is required to maintain records and registers as prescribed. He is also required to produce the records and registers at the time of inspection. Verification of Weights and Measures: Every weight or measure are required to be get verified before putting them into use in any transaction. The Central Government may prescribe the kinds of weights and measures which will be verified by the Government Approved Test Centres. The Test Centres will be notified by the Central/State Governments. The test centres will verify weights and measures made in India as well as imported ones. A wrongful reporting by such centres will attract a penalty under the Act. Compounding of Offenses: Some of the offenses may be compounded before or after the institution of a prosecution on payment of a prescribed sum. The Director may compound certain offences under 25, 27-39 and Rules under S. 52(3). The Controller may compound certain offences under 25, 27-31, 33-37, 45-47 and Rules made under S. 52(3). No offense can be compounded if the same or similar offense was committed earlier by the person within three years of date of first offense which was compounded. Offences by Companies: A company may nominate a person who will be responsible for the conduct of the company. Such nomination should be communicated to the Director of Legal Metrology or the concerned Controller. The nominated person and the company itself will be held responsible for violation of provisions of the Act. When no person is nominated, the person who is in charge or responsible to the company will be held responsible. Even if a person is nominated, any other person responsible to the company and due to whose consent or negligence led to the violation will also be held liable for any offence committed. When a company is convicted, the Court may direct the company to publish its name and the offence committed by it in the newspapers at the cost of the company. Appeal: Every decision or order of an officer of Legal Metrology will be appealable to the next higher authority within 60 days of passing the order or decision. The Central or the State Government may call for records from its officer for examination and passing appropriate orders. Conclusion: In present day Scenario, the role of metrology is very important and need also. This Act may protect and promote the consumers in every aspect of life. The stringent penal provisions provided may be enforced and no unfair practices may occur in future. Source:
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