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AN ANALYSIS ON LEGAL METROLOGY ACT 2009, WITH JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023
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AN ANALYSIS
ON LEGAL METROLOGY ACT 2009, WITH JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023
AUTHORED BY
- ELA AGARWAL,
Assistant
Professor,
Integrated
School Of Law, Ghaziabad,
agarwal.ela1@gmail.com
Mob. no:
8273581167,7906556309
Abstract
"Customers don’t expect you to
be perfect but they expect you to fix things when they go wrong." – Donald
Porter.[1]
In order to amend the Legal Metrology
(Packaged Commodities) Rules, 2011, the Ministry of Consumer Affairs, Food, and
Public Distribution notified the Legal Metrology (Packaged Commodities)
Amendment Rules, 2023 on June 10, 2023. On January 1, 2024, the provisions will
take effect.
There existed a mutually beneficial
association between metrology and the state. The State demanded measurements in
order to supply the data required for efficient coordination, preparation,
defense, and taxation. This type of accounting concentrated on standardizing
computations over broad geographic regions, a range of industrial and
agricultural operations, and work organization. Conversely, Metrology insisted
on the State's mandate to guarantee adherence to the measurement standards.
In metrology confidence is generally
used to indicate the extent to which the technical requirements for consistency
have been met, trust relates to the normative relationship between parties to a
transaction. Virtually every commercial transaction has within itself an
element of trust, certainly any transaction conducted over a period of time. It
can be plausibly argued that much of the economic backwardness in the world can
be explained by the lack of mutual confidence. [2]
Keywords: Customer, Legal metrology,
Packaged commodity, Consumer Affairs
Introduction
The scientific study of measurement
is known as metrology. Standards for the control of measurements and measuring
equipment are provided by legal metrology. In addition to being crucial for
fair trade, legal metrology protects consumers, merchants, the environment, and
public safety.
The importer is required by the Legal
Metrology (Packaging Commodities) Amendment Rules, 2023, to adhere to the Act's
regulations within the allotted time frame. The Legal Metrology (Packaging
Commodities) Amendment Rules, 2023 aid in making sure that all producers,
importers, and packagers follow the regulations stating the amount, volume, and
net weight that must be included in the package in accordance with the Act.
Historical
Background of Metrology System:
Legal metrology developed over 5000
years ago with the development of civilizations that required consistency of a
wide range of measurements used in everyday life. These included; Time and the
calendar, Distance and area, Weights and measures. Babylonians had also units
for area and had a fairly accurate water clock. Even though there were many
different systems of measurement with entirely different bases these ancient
people showed amazing progress in the science of metrology.[3]
Paralleling the development of the
Babylonian civilization was the development of civilization in Egypt. Many
historians disagree as to the origin of the Egyptian system. By reading the
ancient Greek historian Herodotus we would be led to believe the Babylonian
system came first. He speaks of the royal cubit of Babylon and compares it to
the Greek cubit.
Whichever came first, body
measurements served as the foundation for both the Babylonian and Egyptian
measuring systems. The rooms in the great pyramid, which dates to 4,000 B.C.,
have lengths and widths that are equal to one thousand cubits. Some of the
oldest pyramids had pictures of balances on their walls, and hieroglyphic
tablets have been found to record a wide variety of weight measurements. The
use of standard stone weights by the Egyptians was perhaps their greatest
contribution to weighing technology. Due to new applications and the impact of
conquerors on the nation, the names and bases for weights and measures have
changed over time. There's just too much. It would be confusing to try to
identify just one set of terms and values as the Egyptian system of
measurements.
In Mohen jodaro era (3000B.C.), the
size of the bricks all over the region was same. The length, breadth and width
of bricks are always in the ratio of 4:2:1 and taken as standard. During Maurya
Empire (400 BC), Chanakya (Kautilya) in his famous book, Arthashashtra laid down
the units of weights and measures and principles of enforcement i.e., legal
metrology. In Arthashastra, Chanakya mentions two types of dhanushas as units
for measuring lengths and distances. One is the ordinary dhanusha, consisting
of 96 angulas, and the other dhanusha is mentioned as garhpatya dhanusha and
consists of 108 angulas, used for measurement of roads and distances. Chanakya
also mentions that a Dhanurgraha consists of 4 angulas and a yojana consists of
8000 dhanushas. The smallest unit of length was parmanu.[4]
Present
legal Framework:
Legal Metrology is the application of
legal requirements to measurements and measuring instruments. The objective of
Legal Metrology is to ensure public guarantee from the point of view of
security and accuracy of the weighments and measurements. Constitutional
provisions related with Weights and Measures are:
·
Establishment
of Standards of Weights and Measures – Under UNION LIST –Entry 50: To frame the
Act and Rules, Specification of Standards and International Relations, Training
in Legal Metrology etc. [5]
·
Weights
and Measures except establishment of Standards – under CONCURRENT LIST – Entry
33 A: Enforcement of Legal Metrology.[6]
The Legal
Metrology Act, 2009: An Analysis
The Central Government has enacted
Legal Metrology Act 2009 which had come into force on 1st April, 2011. This Act
rationalizes the units for measurement to be used in India. Act also specifies
the Metric System (metre, kilogram etc.) to be used. It regulates the
manufacture, sale and use of standard weights and measures. The Legal Metrology
Act, 2009 is a single Act covering the provisions of the Standards of Weights
and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act,
1985.[7] It
also regulates trade in weights and other goods that are sold or distributed
according to weight, measure, or number by establishing uniform standards for
weights and measures.
A Director of Legal Metrology may be
appointed by the Central Government to carry out tasks pertaining to interstate
trade and commerce. A Controller of Legal Metrology may be appointed by the
State Government to handle tasks pertaining to intrastate trade and commerce.
Before producing or importing a weight or measure, one must obtain the
appropriate authority's approval for the model. Additionally, an importer needs
to register with the relevant Director. Each manufacturer, seller, and repairer
must get a license from the appropriate Controller Top Each manufacturer,
seller, and repairer must get a license from the appropriate Controller. The
Act permits test centers approved by the government to confirm weights and measures.
The Central Government will have the authority to enact regulations. The
following are some of the Act's more salient provisions in brief:
Standard Weights and Measures:
The Act provides that every unit of
weight or measure shall be in accordance with Metric System based on the
International System of Units.[8]
The base unit of weights and measures as per Sec. 5 of the Act is as under:
·
For
‘Length’ – metre;
·
For
‘Mass’ – kilogram;
·
For
‘Time’ – second;
·
For
‘Electric current’ – ampere;
·
For
‘Thermodynamic temperature’ – Kelvin;
·
For
‘Luminous intensity’ – candela;
·
For
‘Amount of substance’ – mole.
The Act provides that the base unit
of numeration shall be the unit of international form of India numerals. Every
numeration shall be made in accordance with the decimal system. The decimal
multiples and sub-multiples shall be of such denominations and be written in
such manner as may be prescribed.[9]
Use of Weights or Measures and
Prohibition of Quotation:
The Act provides that any
transaction, dealing or contract in respect of any goods, class of goods or
undertakings shall be made by such weight, measure or number as may be
prescribed.[10] Sec. 11
deals with the prohibition of quotation etc., otherwise than in terms of
standard units of weight, measure or numeration. This Section provides that no
person shall, in relation to any goods, things or service –
·
quote,
or make announcement of, whether by word of mouth or otherwise, any price or
charge, or
·
issue
or exhibit any price list, invoice, cash memo or other document, or
·
prepare
or publish any advertisement, poster or other document, or
·
indicate
the net quantity of a pre-packaged commodity or
·
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. The provisions of Sec. 10 will
not be applicable for export of any goods, things or service.
Rules frame under the Act:
The following Six rules have been
framed under the Act:
·
The Legal Metrology (General) Rules, 2011: Specifications for weighing and
measuring instruments have been prescribed in the Legal Metrology (General)
Rules, 2011 which include around 40 types of weighing and measuring instruments
such as electronic weighing instruments, weighbridges, petrol pumps, water
meter, sphygmomanometer, clinical thermometer etc. These weighing and measuring
instruments are used by industries, traders, hospitals and various government
and non-government organizations for the weighing and measurement purpose and the
end results of the weighing and measuring is directly for the benefit of the
common people.[11] These
weighing and measuring instruments are periodically verified by the State
Government officers using the Standard Weights and Measures and the procedure
prescribed in the Rules.
·
The Legal Metrology (Packaged Commodities) Rules, 2011:
‘Pre-packaged
commodity’ is
defined under the Act as, ‘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’[12]
As per the Legal
Metrology (Packaged Commodities) Rules, 2011 certain mandatory declarations
have to be made on every package, which are:
i.
Name
and address of the manufacture/ packers/ importer;
ii.
Country
of origin in case of imported packages;
iii.
Common
or generic name of the commodity contained in the package;
iv.
Net
quantity, in terms of standard unit of weight or measure or in number;
v.
Month
and year of manufacture/ pack/ import;
vi.
Retail
sale price in the form of Maximum Retail Price (MRP) Rs….. Inclusive of all
taxes;
vii.
Consumer
care details.
vii.Besides the above, the Government has
made it mandatory to pack 19 commodities in the prescribed sizes in the
interest of common consumer.
·
The Legal Metrology (Approval of Models) Rules, 2011:
Before manufacturing or
importing any weighing and measuring equipment that is prescribed under the
Legal Metrology Act, 2009 and its rules, manufacturers or importers must obtain
approval from the Indian government. Certain tools, such as beam scales, cast
iron, brass, bullion, or carat weight, length measures (apart from measuring
tapes), which are typically used in retail trade to measure textiles or wood,
and capacity measures, which don't exceed twenty liters in capacity, don't need
to be approved by the model.
·
The Legal Metrology (National Standards) Rules, 2011:
Ø Under the Rules there is provision of
National Prototypes/various standards are kept at National Physical Laboratory.
Ø Reference Standards of weights and
measures are kept at Regional Reference Standard Laboratory at Ahmedabad,
Bangalore, Faridabad, Bhubaneswar and Guwahati.
Ø Reference Standards are used for the
verification of Secondary Standards Weights & Measures which are part of
state government laboratories.
Ø The Working Standard Weights &
Measures are available at the district level which are used for the
verification of any Weight & Measures used by traders and manufacturers for
the transaction and protection purposes. The Working Standard Weights &
Measures are verified by the Secondary Standard Weights & Measures.
·
The Legal Metrology (Numeration) Rules, 2011: Under these rules the provision is
made for making Numeration and the Manner in which numbers shall be written.
·
Indian Institute of Legal Metrology Rules, 2011: Indian Institute of Legal Metrology,
Ranchi is the training institute for providing training in the field of Legal
Metrology to the Legal Metrology Officers of States/ UTs/ Union of India, under
the administrative control of this Department. Under these rules provisions
regarding Courses to be imparted at the Institute, Obligatory functions of the
Institute, Qualification of persons to be eligible for admission in the
Institute are prescribed.
Jan Vishwas (Amendment of Provisions) Act,
2023
(“Amendment Act”)
The objective behind enacting the Jan
Vishwas (Amendment of Provisions) Act, 2023 (“Amendment Act”) by the Government
of India is to decriminalize and rationalize the offences to further enhance
trust-based governance for ease of living and doing business. To reduce the
compliance burden on individuals and businesses, the Government took the
initiative to reform the archaic rules and regulations that were causing trust
deficit amongst the general public and entrepreneurs.It is essential to
highlight and analye the reforms made by the Amendment Act under the Legal
Metrology Act, 2009 (“Act”) particularly with respect to decriminalizing
certain offences under the Act.[13]
Through The
Jan Vishwas (Amendment of Provisions) Bill, 2023, a total of 183 provisions are
being proposed to be decriminalized in 42 Central Acts administered by 19 Ministries/Departments.
Decriminalization is proposed to be achieved in the following manner:-
i.
Both
Imprisonment and/or Fine are proposed to be removed in some provisions.
ii.
Imprisonment
is proposed to be removed and fine retained in few provisions.
iii.
Imprisonment
is proposed to be removed and Fine enhanced in few provisions.
iv.
Imprisonment
and Fine are proposed to be converted to Penalty in some provisions.
v.
Compounding
of offences is proposed to be introduced in few provisions.
For effective implementation of the above, the bill proposes
measures such as
a)
pragmatic
revision of fines and penalties commensurate to the offence committed;
b)
establishment
of Adjudicating Officers;
c)
establishment
of Appellate Authorities; and
d)
Periodic
increase in quantum of fine and penalties It is also ensured that degree and
nature of punishment is commensurate with the severity of the offence.[14]
[1]
https://www.google.com/amp/s/guardian.ng/business-services/famous-quotes-on-consumer-awareness/amp
- visited on 19th December,2023
[2] Kenneth J. Arrow, The Limits of
Organisation, W.W.Norton, 1974
[3] William Hallock, Outlines of the
Evolution of Weights and Measures and the Metric System, Wentworth Press,
Edition 1907, Pp 14-16
[4] Sanjay Kumar Srivastava,
MEASUREMENT UNITS OF LENGTH, MASS AND TIME IN INDIA THROUGH THE AGES,
International Journal of Physical and Social Science, Vol. 7 Issue 5, May 2017,
PP 40-43
[5] 7th schedule of Constitution of
India
[6] ibid
[7] Vineet Sahay, Legal Metrology Act,
2009: Establish the standards of Weights & Measures, regulate trade and
commerce. Indian Legal Metrology System, Available on: http://www.legalservicesindia.com/
[8] Sec. 4 and Sec. 5 of The L.M. Act
2009
[9] Sec. 6 and Sec. 7 of The L.M. Act
2009
[10] Sec. 10 and Sec. 11 of The L.M.
Act, 2009
[11] Available on:
https://consumeraffairs.nic.in/organisation-and-units/division/legal-metrology/overview
[12] Section 2(l) of L.M. Act, 2009
[13] https://www.google.com/amp/s/www.livelaw.in/amp/law-firms/law-firm-articles-/jan-vishwas-amendments-legal-metrology-act-2009-ahlawat-and-associates-241409,
visited on 21-12-2023
[14] https://pib.gov.in/PressReleasePage.aspx?PRID=1945263,
visited on 22-12-2023
Article Information
AN ANALYSIS ON LEGAL METROLOGY ACT 2009, WITH JAN VISHWAS (AMENDMENT OF PROVISIONS) ACT, 2023
Authors: ELA AGARWAL
- Journal IJLRA
- ISSN 2582-6433
- Published 2024/01/16
- Issue 7
About Journal
International Journal for Legal Research and Analysis
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