Legal Metrology Act, 2009 – Economic, Business and Commercial Laws Important Questions

Question 1.
What is meant by the International Organization of Legal Metrology OIML Certificate System for measuring instruments? [Dec 2013 (3 Marks)]
Answer:
The OIML certificate system for measuring instruments was introduced in 1991 to facilitate administrative procedures and lower the costs associated with the international trade of measuring instruments subject to legal requirements.

Once a member state had set up certificate issuing authorities (laboratories competent to validate that a particular product complied with the regulations), that issuing authority could issue OIML Basic certificates.

The System provides the possibility for a manufacturer to obtain an OIML Certificate and a Test Report indicating that a given instrument complies with the relevant requirements of OIML.

Certificates are delivered by the OIML Member States that have established one or several Issuing Authorities responsible for processing applications by manufacturers wishing to have their instrument certified.

Certificates are accepted by national metrology services on a voluntary basis. Due to mutual confidence between national metrology services and international organizations and recognition of OIML, this is helping in eliminating costly duplication of application and test procedure.

International Organization of Legal Metrology in French called Organization Internationale de Metrologie Legale. Thus, short-form is OIML.

Question 2.
Write a short note on Legal Metrology [Dec 2008 (3 Marks)]
Answer:
Metrology is the science of measurement. The branch of knowledge concerning weights and measure is technically known as Legal Metrology.

Legal Metrology [Section 2(g)]: Legal Metrology means that part of metrology that treats units of weight and measurement, methods of weighing 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 weightings and measurement.

Question 3.
Write a short note on Legal Metrology [Dec 2011 (3 Marksj]
Answer:
Metrology is the science of measurement. The branch of knowledge concerning weights and measure is technically known as Legal Metrology.

Legal Metrology [Section 2(g)]: Legal Metrology means that part of metrology that treats units of weight and measurement, methods of weighing 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 weightings and measurement.

Question 4.
Write a short note on Salient features of the Legal Metrology Act, 2009 [June 2012 (3 Marks)]
Answer:
It is the right of every buyer to have information regarding net weight or quantity, price, and other information of commodity he buys. Before the introduction of the Legal Metrology Act, 2009 there were lots of non-standard practices followed in the country. There are no rules regarding quantity or weight to be contained in the package. Consumers were being cheated by sellers by putting less quantity or weight and by giving false information on packages.

To curb all such malpractices the Legal Metrology Act, 2009 has been introduced. Salient features of the Legal Metrology Act, 2009 are as follows:
1. Legal Metrology Act, 2009 intends 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 a number and for matters connected therewith or incidental thereto.

2. Legal Metrology Act, 2009 provides for penalty for use of non-standard Weight or measure.

3. Legal Metrology Act, 2009 empowers the Central Government and State Governments to make rules for carrying out the provisions of the Act.

Question 5.
Write a short note on Pre-packaged Commodity [Dec 2012 (3 Marks)]
Answer:
Pre-packaged Commodity [Section 2(f)]: Pre-packaged commodity means a commodity that is placed in a package without the purchaser being present, whether sealed or not and such package has a pre-determined quantity of any product.

E.g.: Red label tea manufactured by HUL is pre-packed commodity Declarations on pre-packaged commodities [Section 18]: No person shall manufacture, pack, sell, import, distribute, deliver, offer for sale any pre-packaged commodity unless such package is in standard quantities or number and bears prescribed declarations and particulars.

Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in the prescribed form and in a prescribed manner.

Question 6.
What are the declarations required to be made by the manufacturer on pre-packaged commodities? Also refer to penalties provided under the Legal Metrology Act, 2009 for such contravention.[June 2014 (5 Marks)]
Answer:
Declarations on pre-packaged commodities [Section 18]: No person shall manufacture, pack, sell, import, distribute, deliver, offer for sale any pre-packaged commodity unless such package is in standard quantities or number and bears prescribed declarations and particulars.

Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in the prescribed form and in the prescribed manner.

Penalty for selling non-standard packages [Section 36]: 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 conform to the declarations on the package, shall be punishable as follows:

  • For the first offense with a fine which may extend to ₹ 25,000.
  • For the second offense, with fine which may extend to ₹ 50,000 and
  • For the subsequent offense, with a fine which shall not be less than ₹ 50,000 but which may extend to ₹ 1,00,000 or with imprisonment up to 1 year or with both.

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 punishable as follows:

  • For the first offense with a fine which shall not be less than ₹ 10,000 but which may extend to ₹ 50,000.
  • For the second and subsequent offense, with a fine which may extend to ₹ 1,00,000 or with imprisonment up to 1 year or with both.

Question 7.
State the penalty provisions for use of non-standard weight and measures under the Legal Metrology Act, 2009. [Dec. 2019 (3 Marks each)]
Answer:
Declarations on pre-packaged commodities [Section 18]: No person shall manufacture, pack, sell, import, distribute, deliver, offer for sale any pre-packaged commodity unless such package is in standard quantities or number and bears prescribed declarations and particulars.

Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in the prescribed form and in the prescribed manner.

Penalty for selling non-standard packages [Section 36]: Whoever manufacturers, 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 conform to the declarations on the package, shall be punishable as follows:

  • For the first offense with a fine which may extend to ₹ 25,000.
  • For the second offense, with fine which may extend to ₹ 50,000 and
  • For the subsequent offense, with a fine which shall not be less than ₹ 50,000 but which may extend to ₹ 1,00,000 or with imprisonment up to 1 year or with both.

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 punishable as follows:

  • For the first offense with a fine which shall not be less than ₹ 10,000 but which may extend to ₹ 50,000.
  • For the second and subsequent offense, with a fine which may extend to ₹ 1,00,000 or with imprisonment up to 1 year or with both.

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