Maharashtra Legal Metrology Manual 2011

GOVERNMENT OF MAHARASHTRA

FOOD, CIVIL SUPPLIES & CONSUMER PROTECTION

DEPARTMENT

MAHARASHTRA

LEGAL METROLOGY MANUAL

2011

CONTROLLER

LEGAL METROLOGY, MAHARASHTRA STATE

GOVT. BARRACK NO. 7, FREE PRESS JOURNAL MARG

MUMBAI - 400 021.

website:- “legalmetrology.maharashtra.gov.in”

For official use only

PREFACE

Organization

Legal Metrology Organization is one of the important organizations of

Government of Maharashtra. When this organization was started, it was a

part of Industries Department Since 1977, it has been working under the

administrative control of Food, Civil Supplies and Consumer Protection

Department. It plays a major role in protecting consumers’ interests by

way of enforcing various provisions of The Legal Metrology Act, 2009

and Rules made thereunder. The provisions of this Act are based on

recommendations of International Organization of Legal Metrology

(OIML). These recommendations keep on changing and accordingly

provisions of this Act and rules are also amended from time to time. The

manpower of Legal Metrology Organization in Maharashtra is very small

as compared to the tasks it has to perform. This is a State level

organization with positions like Deputy Controller, Assistant Controller

and Inspectors. Each position is assigned with certain powers for decision

making. Their roles and responsibilities are also defined. Each position /

post requires optimum qualifications. All these are highlighted in the

subsequent sections.

Inspector

The Inspector is the lowest field functionary entitled to be called Legal

Metrology Officer. Minimum qualification required for appointment as

Legal Metrology Officer is graduate from a recognized university in

science (with physics as one of the subjects), or engineering or

technology or diploma in engineering or technology. Main

responsibilities of the Inspector include verification of weight or

measure, inspections, surprise visits, registering cases for violation of

provisions of the law, preparing proposals for compounding and/or

lodging cases with appropriate courts and functioning as an Assistant

Public Prosecutor in those courts. His jurisdiction consists of one or two

talukas in mofussil areas and certain metropolis areas as notified.

Assistant Controller

Assistant Controller is a Legal Metrology Officer ranked above the

Inspector. Assistant Controller is appointed from amongst the Inspectors

by promotion or directly nominated from the candidates having basic

qualification as B.E. (Mechanical, Electronics or Computer) or M.Sc with

Physics by Maharashtra Public Service Commission. Ideally, this is a

District level post. However, in some cases an Assistant Controller has to

oversee more than one District. He is head of the office, drawing and

disbursing officer for the District/Districts, and also a supervisory officer.

He is responsible for monitoring the work of Inspectors under his charge.

In his concerned District, he exercises certain delegated powers regarding

compounding of certain offences under the Act and Rules made

thereunder and issues/renews licences to dealers in weight or measure.

The powers delegated to him include renewal of licences of repairers of

weight or measure in the District which have been issued by the Regional

Deputy Controller. He also registers Manufacturers/Packers of packaged

commodities in his District.

Deputy Controller

Deputy Controller is the Regional head and responsible for working of

this organization in his region. He is the supervisor of all Legal

Metrology Officers working under him. He exercises certain delegated

powers regarding compounding of certain offences under the Act and

Rules made thereunder. He issues licences to the repairers of weight or

measure and also renews licences in his Region which are issued by the

Controller’s Office. He is in-charge of Secondary Standard Laboratory

and is authorized to approve results of Working Standards. He also

approves the yearly work programme of the Inspectors.

Need of the Manual

While interacting with Officers of this Organization, the Controller of

Legal Metrology, who is an IPS officer, realized that despite having

qualified staff, Legal Metrology Organization has not projected its image

properly to the public to a great extent. It was observed that ‘go alone’

attitude exists on a large scale amongst the Officers. Despite having

technically qualified personnel, desired performance in areas of

verification and prosecution work is not achieved. Analyzing the

shortcomings of performance of this organization revealed that most of

the members do not follow uniform procedure at their respective level.

The procedures followed were mainly dependent on the circulars issued

from time to time. But the applicable period of most of these circulars

had expired as they were situation specific. Hence, a departmental

manual is necessary to streamline the functions of the organization. It

would also aid in defining the role and responsibilities of the Officers

enforcing the Legal Metrology Act and Rules made thereunder.

Almost all States have Legal Metrology Organizations but their

functioning differs from State to State. Also, Legal Metrology

Organizations in the country work/function under different Departments,

for instance, in Tamil Nadu under Labour Department, in Rajasthan

under Industries Department, in Andhra Pradesh, under Home

Department, whereas in Jharkhand it works/functions under Agriculture

Department. In Maharashtra it is working under Food, Civil Supplies and

Consumer Protection Department, which is very relevant as the duties

and the responsibilities of the officers of this organization are directly

related to this Department.

In many States the Legal Metrology Organization is considered as

revenue earning organization and as a result targets are set for the

collection of revenue. Government of Maharashtra has considered this

organization as service organization and so targets are not given to the

officers for collecting revenue. In Maharashtra this organization goes by

expected collection of the fees commensurate with the services rendered

to various stakeholders such as Manufacturers, Dealers, Repairers and

users of weight or measure as well as other aspects of enforcement.

Similarly, there is no uniformity in the organizational structure of the

Legal Metrology Organizations in the country. In some States there is a

post of Additional Controller and Joint Controller whereas many other

States have no such posts. In many States there is no Assistant Controller

for each District. Therefore, there is no uniformity in working procedures

of Legal Metrology in the country.

There is no manual for uniform working existing even within a State and

the functioning depends on the administrative instructions as well as

directive circulars issued from time to time. When Head of the

Organization i.e. Controller of Legal Metrology is changed or transferred,

the working procedure also changes in terms of priorities of new

incumbent, thereby affecting the continuity.

With a view to bringing uniformity in the working within the

Maharashtra State, a committee under the Chairmanship of one Deputy

Controller was constituted for preparing a Departmental Manual. This

Committee initially consisted of a chairman, two Assistant Controllers

and two Inspectors. The number of members of the Committee was

subsequently increased in order to have better representation from

different regions of the State. Finally, the Committee consisted of Shri.

C.G. Jadhav, Dy. Controller as Chairman, three Assistant Controllers,

Shri. N. P. Joshi, Shri. S. H. Chate, Shri. S.K. Bagal and six Inspectors,

Shri. P.V. Patil, Shri. S. M. Shinde, Shri. G. M. Waghmare, Shri. D. L.

Poradwar, Shri. J. M. Rajderkar, and Shri. S.Y. Munde. They all

participated as members while formulating this manual. Several meetings

were held by this Committee under the guidance of Shri. D.P. Gomare

(former Legal Advisor cum Jt. Secretary, Law and Judiciary Department,

Government of Maharashtra) and a preliminary draft of the manual was

submitted to Controller’s office.

This draft was circulated among different constituted sub-groups to study

and give suggestions, if any. The draft was thoroughly discussed on

27/8/2011 in a one-day workshop held at Aurangabad. The suggestions

given by these groups and comments offered by the Director of Legal

Metrology, New Delhi and representatives of other States, who attended

the workshop, were taken into consideration by the Committee and a

final draft was submitted by the Committee to the Controller. This draft

was further scrutinized by a Scrutiny Committee and Officers at the

Headquarters. The scrutinized final draft was submitted to Government

of Maharashtra for approval. State Government has accorded its

approval to this manual vide letter no. LMO-2011/791/C.R.213/C.P.- 4

dated 12/12/2011.

About the Manual

Maharashtra Legal Metrology Manual explains in detail the duties and

responsibilities of different Officers and their detailed working

procedure, maintenance of office record, etc. Procedures specified in this

manual would help different officers to perform their day-to-day work

confidently. Maharashtra State Legal Metrology is the first organization

in the country to implement sealing of electronic weighing instruments. It

has always been a pioneer in the area of Legal Metrology. Maharashtra

State is again the pioneer in providing a procedural manual for Legal

Metrology Officers in the State level. Since The Legal Metrology Act,

2009 and all the Central Rules are the same for all the States in the

country, this manual would be useful to Legal Metrology Officers of the

other States as well.

In the background of the globalizing world economy, questions

concerning privatization of Metrology set-ups have been raised on the

plea that competition will improve the quality of the work and

specialization of private set-ups will complement the working of the

Legal Metrology Organization of the State. Preparation of this was

carried out in order to increase efficiency of the Legal Metrology

Organization and for boosting the confidence of the officers of the

Organization. This manual would help them by giving guidelines which

are free from distortions and provide clear-cut directions. This manual

will act as a ready reckoner to field officers and encourage them to face

the possible challenges in the near future. Every possible effort has been

undertaken to make this manual useful as a reference book for field

officers of the Legal Metrology Organization in the discharge of their

duties. I am sure that this manual will also be helpful in determining the

limitations and strengths of Legal Metrology Officers, so that they can

perform their duties in effective manner.

I congratulate the Manual Committee for their significant contribution to

this organization and for preparing this manual in a time-bound manner. I

am thankful to Mr. D. P. Gomare, former Legal Advisor cum Jt.

Secretary, Law and Judiciary Department, Government of Maharashtra

for his valuable guidance to the Committee.

I am grateful for the keen interest shown, support and backing extended

by Shri. Anil Deshmukh, Hon. Minister, Food, Civil Supplies and

Consumer Protection and Shri. Ranjit Kamble, Hon. Minister for State,

Food, Civil Supplies and Consumer Protection and Dr. Bhagwan Sahai,

IAS

, Principal Secretary for according approval to this manual.

I am also grateful to Shri. B. N. Dixit, Director, Legal Metrology and

Shri. T. Singaravel IPS (retired) and Ex. Controller for their valuable

guidance and suggestions.

And lastly, I thank all the officers and staff of Legal Metrology

Organization for their timely valuable suggestions and full support for

preparing the manual which will be remembered as a milestone in the

history of Legal Metrology Organization of the country.

Dr. Maadhava Saanap

IPS

Place- Mumbai Special Inspector General of Police &

Date- 12

th

December, 2011. Controller of Legal Metrology,

Maharashtra State, Mumbai.

MAHARASHTRA LEGAL METROLOGY MANUAL

Contents

Para No.

Description Page No.

INTRODUCTION 1

CHAPTER I

Definitions

5

1.1 Terms defined in The Legal Metrology Act, 2009 6

1.2 Terms defined in The Legal Metrology (Packaged

Commodities) Rules, 2011 10

1.3 Terms defined in The Legal Metrology (General)

Rules, 2011 13

1.4 Terms defined in The Legal Metrology (Approval of

Models) Rules, 2011. 14

1.5 Terms defined in The Legal Metrology (National

Standards) Rules, 2011 14

1.6 Terms defined in The Indian Institute of Legal

Metrology Rules, 2011 17

1.7 Terms defined in The Maharashtra Legal Metrology

(Enforcement) Rules, 2011 18

CHAPTER II

Organizational Structure, Powers, Functions

and Duties of Controller, Legal Metrology

Officers and other Employees

19

2.1 Organizational Structure 19

2.2 Powers and functions of Controller 20

2.3 Powers, functions and duties of Legal Metrology

Officers 21

2.4 Functions and duties of Laboratory Assistant 29

2.5 Functions and duties of Field Assistant 30

CHAPTER III

Training

31

3.1 Training to the Probationers 31

3.2 In service short-term trainings 34

CHAPTER IV

Procedures for Verification and Stamping

35

4.1 Verification of Secondary Standards 35

4.2 Verification of Working Standards 36

4.3 Verification and Stamping of commercial weight or

measure 37

4.4 Initial verification of weight or measure (new or

modified) 41

CHAPTER V

Inspections

43

5.1 General 43

5.2 Inspection of establishments by Inspector 43

5.3 Inspection by squad 47

5.4 Inspection in joint raid 48

5.5 Inspection of weight or measure 49

5.6 Inspection of Packaged Commodities 51

5.7 Office Inspection 52

CHAPTER VI

Prosecution, Investigation, Compounding,

Clubbing and Closing of Cases

55

6.1 Entry in the prosecution registers 55

6.2 Investigations 56

6.3 Compounding of an Offence 58

6.4 Clubbing of cases 60

6.5 Disposal of cases 62

6.6 Closing of case 63

6.7 Filing a case in the court of law 64

6.8 Disposal of seized articles 66

CHAPTER VII

Licences and Registration

67

7.1 Licence to manufacture 67

7.2 Licence to repair 70

7.3 Licence to Dealer 74

7.4 Renewal of licences 76

7.5 Alteration in licences 79

7.6 Issuance of duplicate licences 79

7.7 Inspections of licencee such as manufacturer, dealer

and repairer of weight or measure 80

7.8 Registration of manufacturer, packer and importer of

Packaged Commodities 81

7.9 Registration of importer of weight or measure 83

CHAPTER VIII

Reports

85

8.1 Daily summary report (DSR) 85

8.2 Cash balance report (CBR) 85

8.3 Monthly report 86

8.4 Campaign report 86

8.5 Reconciliation of challans from treasury 86

8.6 Tour diary 87

8.7 Annual work programme 88

CHAPTER IX

Files and Registers

91

9.1 Files 91

9.2 Registers 115

CHAPTER X

Other Work /Technical Procedures

121

10.1 Camp Office 121

10.2 Conversion of analog mode to digital mode in

weighing instrument 123

10.3 Replacement of digital indicator (head work) 124

10.4 Model Panchnama 126

10.5 Abstract of violation of Sections/Rules, with penalties

and compounding amounts (under The Legal

Metrology Act, 2009 and rules made thereunder)

131

CHAPTER XI

Maximum Permissible Errors

139

11.1 Maximum permissible errors for Secondary Standards 139

11.2 Maximum permissible errors for Working Standards 143

11.3 Maximum permissible errors for frequently used

weight or measure 148

11.4 Maximum permissible errors for Packaged

Commodities 157

11.5 Net content data sheet 159

CHAPTER XII

Landmark Judgments

161

12.1 Supreme Court Judgments 162

12.2 High Court Judgments 167

12.3 Appeals and Orders by Controller 184

CHAPTER XIII

Notifications and Orders

191

13.1 Notifications 191

13.2 Orders 208

CHAPTER XIV

Schedules and Annexes

223

14.1 Schedules 223

14.2 Annexes 246

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INTRODUCTION

The excavation at Mohenjo-Daro, Harappa and other places shows that

even in ancient days there was uniformity in weight or measure used in

our country with regard to shapes, denominations, accuracy and also with

the consistency of material used. This indicated that even in those days

there was an authority regulating the standards of weight or measure.

Kautilya’s ‘Arthshastra’ also indicates the existence of a single system of

weights and measures during the regime of Chandragupta Maurya.

Thereafter, in the course of time, the number of standards of weights and

measures became so bewildering that they varied from town to town,

market to market and also commodity to commodity. The need to attain

uniformity in this was felt, but could not be achieved until independence.

British rule in India tried to establish uniform standards of mass, volume

and length and enacted The Standards of Weights and Measures Act,

1939. This Act was brought into force from July, 1942. In spite of this

legislation, the variety of standards of weights and measures that were

prevalent in India continued to be in force. It was the genius and foresight

of our late Prime Minister Jawaharlal Nehru, which was responsible for

the enactment of ‘The Standards of Weights and Measures Act, 1956’.

This Act introduced ‘Metric System’ as the uniform system of weights

and measures in India.

Metrology is that branch of science which embraces all the theoretical as

well as practical concepts in relation to measurements. Legal Metrology

is that part of metrology which relates to units of weighment and

measurement, as well as methods of weighment and measurement which

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are concerned with statutory provisions to safeguard the public from the

point of view of security and accuracy of weighments and measurements.

On the backdrop, on 20

th

May, 1875, the Convention called Metre

Convention was signed in Paris by representatives of seventeen nations.

The Convention of the Metre (Convention du Mètre) is a treaty that

created the International Bureau of Weights and Measures (BIPM), an

intergovernmental organization under the authority of the General

Conference on Weights and Measures (CGPM) and the supervision of the

International Committee for Weights and Measures (CIPM). With the

inclusion of the BIPM and laying down the way in which the activities of

the BIPM should be financed and managed, the Metre Convention

established a permanent organizational structure for member

governments to act in common accord on all matters relating to units of

measurement. The Convention, modified slightly in 1921, remains the

basis of international agreement on units of measurement. The BIPM

now (as of 1

st

August, 2011) has fifty-five Member States, including

India and all the major industrialized countries. The Republic of India

became a Member State in 1957.

The BIPM acts in matters of world metrology, particularly concerning the

demand for measurement standards of ever increasing accuracy, range

and diversity, and the need to demonstrate equivalence between national

measurement standards.

The International Organization of Legal Metrology (OIML) is an

intergovernmental treaty organization whose membership

includes Member States, countries which participate actively in technical

activities, and corresponding members, countries which join the OIML as

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3

observers. It was established in 1955 in order to promote the global

harmonization of legal metrology procedures. Since then OIML has

developed a worldwide technical structure that provides its Members

with metrological guidelines for the elaboration of national and regional

requirements concerning the manufacture and use of measuring

instruments for legal metrology applications.

Constitutional position

India being a Union of States, legislative powers are shared between the

Union and the States. The matters in relation to which legislations may be

made are classified into 3 lists (Union list, State list and Concurrent list)

as specified in 7

th

Schedule of Constitution of India. Parliament has

exclusive power to legislate on any matter in the Union list. State

legislatures have exclusive power to legislate on any matter in the State

list. However Parliament has power to legislate on any matter in State list

in certain contingencies. Both Parliament and State legislatures have

concurrent powers of legislation with regard to any matter on the

Concurrent list. But Parliamentary legislation would override the State

legislation on the same matter.

The subject of Weights and Measures is in Concurrent list. Parliament

has exclusive power to legislate for the implementation of the decisions

taken at International Conferences, in which India has participated

(Article 253, entry 13 and 14 of Union list).

Considering all above aspects, Government of India has enacted The

Legal Metrology Act, 2009. Since April 2011, implementation of this Act

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has been started. In order to implement different provisions of this Act,

following Rules have been framed by Government of India:

1. The Legal Metrology (Packaged Commodities) Rules, 2011

2. The Legal Metrology (General) Rules, 2011

3. The Legal Metrology (Approval of Models) Rules, 2011

4. The Legal Metrology (National Standards) Rules, 2011

5. The Legal Metrology (Numeration) Rules, 2011

6. The Legal Metrology (Numeration) Amendment Rules, 2011

7. The Indian Institute of Legal Metrology Rules, 2011

8. The Legal Metrology (General Corrigendum) Rules, 2011

For implementation of different provisions of this Act and Rules made

thereunder, Government of Maharashtra has framed “Maharashtra Legal

Metrology (Enforcement) Rules, 2011”.

In order to have uniform interpretation and office procedures throughout

the State, a manual committee was constituted by Dr. Maadhava Saanap,

I.P.S., Controller of Legal Metrology, Maharashtra State. This committee

was directed to frame a draft of ‘Maharashtra Legal Metrology Manual’.

Legal Metrology Organization of Maharashtra have risen to the challenge

of this task by offering their collective experience accumulated in the

course of their long service.

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CHAPTER I

Definitions

The definitions of the “expressions” and “terms” used in The Legal

Metrology Act 2009 and Rules made thereunder are as follows and

should be construed accordingly.

(A) “Act” means The Legal Metrology Act, 2009 (1 of 2011);

(B) “Rules” means ;

i) The Legal Metrology (Packaged Commodities) Rules, 2011

ii) The Legal Metrology (General) Rules, 2011

iii) The Legal Metrology (Approval of Models) Rules, 2011

iv) The Legal Metrology (National Standards) Rules, 2011

v) The Legal Metrology (Numeration) Rules, 2011

vi) The Indian Institute of Legal Metrology Rules, 2011

vii) The Maharashtra Legal Metrology (Enforcement) Rules,

2011

(C) “Licencing Authority” means any Legal Metrology Officer

authorized to grant a licence under the Act and the Rules, as the

case may be;

(D) “Licence” means the licence granted in the format prescribed under

the respective Rules.

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1.1 The terms defined in The Legal Metrology Act, 2009

(a) "Controller" means the Controller of Legal Metrology appointed

under Section 14;

(b) "dealer" in relation to any weight or measure, means a person who,

carries on, directly or otherwise, the business of buying, selling,

supplying or distributing any such weight or measure, whether for

cash or for deferred payment or for commission, remuneration or

other valuable consideration; and includes a commission agent, an

importer, a manufacturer, who sells, supplies, distributes or

otherwise delivers any weight or measure manufactured by him to

any person other than a dealer;

(c) "Director" means the Director of Legal Metrology appointed under

Section 13;

(d) ''export'' with its grammatical variations and cognate expressions,

means taking out of India to a place outside India;

(e) "import" with its grammatical variations and cognate expressions,

means bringing into India from a place outside India;

(f) "label" means any written, marked, stamped, printed or graphic

matter affixed to, or appearing upon any pre-packaged commodity;

(g) "Legal Metrology" means that part of metrology which treats units

of weighment and measurement, methods of weighment 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 weighments and measurements;

(h) "legal metrology officer" means Additional Director, Additional

Controller, Joint Director, Joint Controller, Deputy Director,

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Deputy Controller, Assistant Director, Assistant Controller and

Inspector appointed under sections 13 and 14;

(i) "manufacturer" in relation to any weight or measure, means a

person who –

i) manufactures weight or measure,

ii) manufactures one or more parts, and acquires other parts, of such

weight or measure and, after assembling those parts, claims the

end product to be a weight or measure manufactured by himself

or itself, as the case may be,

iii) does not manufacture any part of such weight or measure but

assembles parts thereof manufactured by others and claims the

end product to be a weight or measure manufactured by himself

or itself, as the case may be,

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;

(j) "notification" means a notification published in the Official Gazette;

(k) "protection" means the utilization of reading obtained from any

weight or measure, for the purpose of determining any step which is

required to be taken to safeguard the well-being of any human

being or animal, or to protect any commodity, vegetation or thing,

whether individually or collectively;

(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;

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(m) "person” includes,

i) a Hindu undivided family,

ii) every department or office,

iii) every organization established or constituted by Government,

iv) every local authority within the territory of India,

v) a company, firm and association of individuals,

vi) trust constituted under an Act,

vii) every co-operative society, constituted under an Act,

viii) every other society registered under the Societies

Registration Act, 1860;

(n) "premises” includes

i) a place where any business, industry, production or transaction is

carried on by a person, whether by himself or through an agent,

by whatever name called, including the person who carries on

the business in such premises,

ii) a warehouse, godown or other place where any weight or measure

or other goods are stored or exhibited,

iii) a place where any books of account or other documents

pertaining to any trade or transaction are kept,

iv) a dwelling house, if any part thereof is used for the purpose of

carrying on any business, industry, production or trade,

v) a vehicle or vessel or any other mobile device, with the help of

which any transaction or business is carried on;

(o) "prescribed" means prescribed by rules made under this Act;

(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

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measure to ensure that such weight or measure conforms to the

standards established by or under this Act;

(q) "State Government", in relation to a Union territory, means the

Administrator thereof;

(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 installments, but does not include a mortgage

or hypothecation of, or a charge or pledge on, such weight, measure

or other goods;

(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;

(t) "stamp" means a mark, made by impressing, casting, engraving,

etching, branding, affixing pre-stressed paper seal or any other

process in relation to, any weight or measure with a view to-

i) certifying that such weight or measure conforms to the standard

specified by or under this Act, or

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;

(u) "transaction" means,

i) any contract, whether for sale, purchase, exchange or any other

purpose, or

ii) any assessment of royalty, toll, duty or other dues, or

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iii) the assessment of any work done, wages due or services

rendered;

(v) "verification", with its grammatical variations and cognate

expressions, includes, in relation to any weight or measure, the

process of comparing, checking, testing or adjusting such weight or

measure with a view to ensuring that such weight or measure

conforms to the standards established by or under this Act and also

includes re-verification and calibration;

(w) "weight or measure" means a weight or measure specified by or

under this Act and includes a weighing or measuring instrument.

1.2 The terms defined in “The Legal Metrology (Packaged

Commodities) Rules, 2011”

(a) “ dealer” in relation to any commodity in packaged form, means a

person who, or a firm which carries on directly or otherwise , the

business of buying, selling, supplying or distributing any such

commodity whether for cash or for deferred payment or for

commission, remuneration or other valuable consideration , and

includes a commission agent who carries on such business on behalf

of any principle, but does not include a manufacturer who

manufactures any commodity which is sold or distributed in a

packaged form except where such commodity is sold by such

manufacturer to any other person other than a dealer;

(b) ‘lot” means,

i) in the case of packages which have been stored, the total number of

such packages stored ;and

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ii) in the case of packages which are on or at the end of packing line,

the maximum hourly output of packages;

(c) “manufacturer” in relation to any commodity in packaged form,

means a person who or a firm which produces, makes or

manufactures such commodity and includes a person or a firm which

puts, or causes to be put, any mark on any packaged commodity, not

produced, made or manufactured by him or it, and the mark claims

the commodity in the package to be a commodity produced, made or

manufactured by such person or firm as the case may be;

(d) “Maximum permissible error”, in relation to the quantity contained

in an individual package, means an error in deficiency which, subject

to the provision of these rules, does not exceed the limits specified in

the First Schedule;

(e) “net quantity”, in relation to commodity contained in a package,

means the quantity by weight, measure or number of such commodity

contained in that package, excluding the packaging or wrappers;

(f) “packer” means a person who or a firm which pre-packs any

commodity, whether in any bottle, tin, wrapper, or otherwise, in units

suitable for sale whether wholesale or retail;

(g) “principal display panel”, in relation to a package, means the total

surface area of the package where the information required under

these rules are to be given in the following manner, namely:-

i) all the information could be grouped together and given at one

place; or

ii) the pre-printed information could be grouped together and given in

one place and on line information grouped together in other place;

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(h) “quantity” in relation to commodity contained in a package, means

the quantity by weight, measure or number of such commodity

contained in that package;

(i) “retail dealer” in relation to any commodity in packaged form means

a dealer who directly sells such packages to the consumer and

includes, in relation to packages as are sold directly to the consumer ,

a wholesale dealer who makes such direct sale to the consumer;

(j) “retail package” means the packages which are intended to for retail

sale to the ultimate consumer for the purpose of consumption of the

commodity contained therein and includes the imported packages:

Provided that for the purpose of this clause, the expression ‘ultimate

consumer’ shall not include industrial or institutional consumers;

(k) “retail sale” in relation to commodity, means the sale, distribution or

delivery of such commodity through retail sales shops, agencies or

other instrumentalities for consumption by an individual or a group of

individuals or any other consumer;

(l) “retail sale price” means the maximum price at which the commodity

in packaged form may be sold to the ultimate consumer and the price

shall be printed on the package in the manner given below:

‘Maximum or Max. retail price Rs…/.` inclusive of all taxes or in

the form ‘MRP Rs…/` …. incl. of all taxes’ after taking into

account the fraction of less than fifty paise to be rounded off to the

preceding rupee and fraction of above 50 paise and up to 95 paise to

the rounded off up to fifty paise;

(m) “section” means a section of the Act;

(n) “Schedule” means Schedule appended to these rules;

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(o) “standard package” means a package containing the specified

quantity of a commodity;

(p) “wholesale dealer” in relation to any commodity in packaged form

means a dealer who does not directly sell such commodity to any

consumer but distributes or sells such commodity through one or

more intermediaries;

(q) “wholesale package” means a package containing -

i) a number of retail packages, where such first mentioned package

is intended for sale, distribution or delivery to a intermediary

and is not intended for sale direct to a single consumer; or

ii) a commodity sold to an intermediary in bulk to enable such

intermediary to sell, distribute or deliver such commodity to the

consumer in smaller quantities; or

iii) Packages containing ten or more than ten retail packages

provided that the retail packages are labeled as required under

the rules.

(r) words and expressions used herein and not defined but defined in the

Act, shall have the meanings respectively assigned to them in the Act.

1.3 The terms defined in “The Legal Metrology (General)

Rules, 2011”

(a) “schedule” means a schedule appended to these rules;

(b) “section” means a section of the Act;

(c) Words and expressions used in these rules and not defined but defined

in the Act shall have the meanings respectively assigned to them in

the Act.

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1.4 The terms defined in “The Legal Metrology (Approval

of Models) Rules, 2011”

(a) “model” means the final physical representation of a weight or

measure in which all the components imparting to it the necessary

metrological and technical characteristics and qualities as provided in

the Act and the Rules made thereunder are suitably assembled so that

subject to prescribed tolerances, every weight or measure produced in

accordance with such model may be similar as regards dimensions,

constructions, material performance and other metrological and

technical characteristics;

(b) “Principal Officer” means the officer who is in charge the

laboratory;

(c) words and expressions used in these rules and not defined but defined

in the Act shall have the meanings respectively assigned to them in

the Act.

1.5 The terms defined in “The Legal Metrology (National

Standards) Rules, 2011”

(a) “co-efficient” means those parametres without physical dimension or

ratios of quantities of the same kind, which are necessary for

particular measurements or for characterizing properties of substances

or mixtures of certain substances;

Illustration: Degree of alcoholic strength, percentage of Sugar and

hardness of materials, are examples of co-efficients.

(b) “derived units” means units expressed algebraically in terms of

base units, or in terms of base and supplementary units of weights or

measures, by means of mathematical symbols of multiplication or

division, or both.

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Explanation I: Derived units having special names and symbols

(such as ‘Newton’ with symbol ‘N’) may, by themselves, be used to

express other derived unites in a simpler way than in terms of the

base units of weights and measures.

Explanation II: The values of dimensionless quantities (such as

refractive index, specific gravity, relative permeability or relative

permittivity) are expressed by numbers. In such cases the

corresponding unit shall be the ratio of the relevant two units and may

be expressed by a number;

(c) “General Conference on Weights and Measures” means the

conference General des Poids et Mesures established under the Metre

convention to which India acceded in 1957;

(d) “International Bureau of weights and measures” means the

Bureau International des Poids et Mesures established under the

Convention du Metre, at Sevres in France;

(e) “International Organization of Legal Metrology” means the

Organization Internationale de Metrologie Legale established under

the convention Instituant Une Organisation Internationale de

Metrologie Legale in 1955 to which India acceded in 1956;

(f) “International prototype of the kilogram” means the prototype

sanctioned by the first General Conference on Weights and Measures

held in Paris in 1889, and deposited at the International Bureau of

Weights and Measures;

(g) “International System of Units” of weights and measures means ‘Le

System International d ‘Units’, with the international abbreviation

‘SI’, established by the General Conference on Weights and

Measures;

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Explanation: ‘SI’ is divided into three classes of units, namely:-

i) base units;

ii) derived units; and

iii) supplementary units;

(h) “permitted units” means the units which though not part of the SI,

are recognized and permitted by the General Conference on

weights and measures for general use along with SI units;

(i) “physical constants” means those constants which express the value

of physical invariant in a given system of units and these constants

include

i) those which correlate two or more physical quantities to express

a physical phenomenon in quantitative terms independent of any

material properties; for example, gravitational constant,

velocity of light etc.

ii) those which correlate the microscopic properties of elementary

particles (atoms, molecules etc) to the corresponding

microscopic properties for example; Avogadro constant,

Faraday constant etc.

iii) Those conversion factors used to express the same parametre in

terms of independently defined units for example, the

conversion factor relating the astronomical unit of parsec to the

metre and atomic mass unit to kilogram.

iv) those which describe the material properties of pure substances,

for example; thermal conductivity, specific resistance etc

(j) “Schedule” means the Schedule appended to these rules;

(k) “SI prefix” means the name and symbol of a prefix for forming

decimal multiples and sub-multiples of SI units, and of such other

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units as are permitted subject to any exception or modification by the

General Conference on Weights and Measures or the International

Organization of Legal Metrology, or both, to be used along with the

SI units;

(l) “special units” means units outside, the SI which are ordinarily used

in specialized fields of scientific research and the values of those

units expressed in SI units can only be obtained by experiment, and

are, therefore, not known exactly.

Explanation: The value of electron volt (the unit of energy)

depends upon the experimentally determined value of the charge of

an electron.

(m) “supplementary units” mean the units of weight or measure which

have been specified as such by the General Conference on Weights

and Measures.

Explanation: Supplementary units may be used to form derived

units

(n) “symbol” means a letter or a group of letters written or combined in

the specified manner for the convenient representation of a unit or a

group of units;

(o) “temporarily accepted units” means the unit of weight or measure

which have been recognized for the time being by the General

Conference on Weights and Measures for use along with SI units.

1.6 The Terms defined in “The Indian Institute of Legal

Metrology Rules, 2011”

(a)“Committee” means the Advisory committee constituted under rule 7;

(b) “Course” means a course of study in relation to such subjects as

may be specified in the regulations;

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(c) “Institute” means the Indian Institute of Legal Metrology;

(d) “Director(Indian Institute of Legal Metrology)” means head of

the institute;

(e) “Regulation” means the regulations made by the Central

Government under the Act.

1.7 The Terms defined in “The Maharashtra Legal

Metrology (Enforcement) Rules, 2011”

(a) “Form” means (a) form specified in the Schedules appended hereto;

(b) “repair” means any adjustment, cleaning, lubrication or painting to

any weight or measure or rendering any other service or replacement

of any parts to such a weight or measure to ensure that such a weight

or measure conforms to the standards established by or under the Act,

with or without disturbing sealing of the system;

(c) “Schedule” means a Schedule appended to these rules;

(d) “un-verified weight or measure” means

a weight or measure

which, being required to be verified, stamped and sealed under the

Act, has not been so verified, stamped and sealed;

(e) words and expressions used in these rules and not defined here but

defined in the Act shall have the meanings respectively assigned to

them in the Act.

*****

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CHAPTER II

Organizational Structure, Powers, Functions and

Duties of Controller, Legal Metrology Officers and

other Employees

This chapter highlights organizational structure, powers, functions and

duties of Controller, Legal Metrology Officers and other employees.

2.1 Organizational structure

The Legal Metrology Organisation is a State level organization. In

Maharashtra, it functions under Food, Civil Supplies and Consumer

Protection Department. The Controller is the head of this organization

with Deputy Controllers, Assistant Controllers, Inspectors and Field

Assistants under his supervision and administrative control. The

hierarchical arrangement of the Organization is given below:

Controller, Legal Metrology, Maharashtra State

Dy. Controller Headquarter Dy. Controller Regional Headquarter

Asst.

Controller

-

2

Asst.

Controller

-

2

Asst. Controller

District

Asst.

Controller

-

1

Asst.

Controller

-

1

Inspectors

-

1,2.

Divisional Inspectors

Inspectors

-

1,2,…,7.

Field Assistant.

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2.2

Powers and functions of Controller

State Government, by notification, appoints a Controller of Legal

Metrology. The qualification of Controller shall be such as prescribed by

the Rules. The Controller shall exercise powers and functions as specified

by the State Government. The Controller shall also exercise powers of

Director, if delegated. He shall:

i) exercise the powers of Director delegated to him under sub-

section (7) of section 13 of the Act, subject to sub-section (8) of

the said section

ii) implement the provisions of Act and Rules, in the State

iii) supervise the work of all Legal Metrology Officers within the

State and give directions to them from time to time.

iv) grant licences

v) hear appeals filed under section 50 and decide the same in the

manner as provided in sub-section (3) of section 50 or send back

the case with such directions as he may think fit

vi) provide Working or Secondary Standard weights, measures,

balances and such other equipments to every Legal Metrology

Officer as per Rule 20 of Maharashtra Legal Metrology

(Enforcement) Rules, 2011

vii) compound the offences under the Act and Rules

viii) delegate his powers except power of hearing of appeal under

section 50, to any Legal Metrology Officer.

All Legal Metrology Officers in the State shall work under direct

control, superintendence and discipline of the Controller.

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2.3 Powers, functions and duties of Legal Metrology

Officers (LMOs)

In the State all Deputy Controllers, Assistant Controllers and Inspectors

are Legal Metrology Officers who are appointed by the State

Government. They are required to exercise the powers and discharge the

functions and duties conferred on them within their local limits.

The power exercised by the lowest LMO can be exercised by all the

Superior officers provided these are consistent with the provisions under

Act, Rules and this Manual.

2.3.1 Powers, functions and duties of Deputy Controller

(Headquarter)

Deputy Controller (Headquarter) shall;

i) exercise the powers conferred on him by the Act and delegated

powers of the Controller under sub-section (7) of section 13 of the

Act, subject to sub-section (8) of said section of the Act within his

local limit

ii) assist the Controller in all the matters of administration and

supervision

iii) deal with the Compounding of offences as authorized by the

Controller vide notified order no. LMO/2010/410/C.R.175 (Part

2)/C.P.4 dated 29

th

July, 2011

iv) grant licences to manufacturer, repairer, and dealer of weight or

measure as authorized vide notification no. LMO /2010/ 410/

C.R.175 (Part 2)/ C.P.4 dated 18

th

June 2011

v) assist the Controller in appeals filed under section 50 of the Act

vi) supervise and control the staff at Headquarter

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vii) seek orders from the Controller in the matter of inspection of

Field Offices and carry out inspection as per directives of the

Controller

viii) attend the court cases, arising under the Act and Rules

ix) perform any other work assigned by the Controller

2.3.2 Powers, functions and duties of Assistant Controller

(Administration) Headquarter

He shall:

i) assist Controller and Deputy Controller in the matters related to

office establishment, compounding of offences and appeals filed

under section 50 of the Act

ii) work as complaint redressal officer

iii) organize consumer awareness programmes with the approval of

Controller and Deputy Controller

iv) prepare and arrange training programmes for Legal Metrology

Officers and other staff.

v) assist superiors to conduct office inspections of LMOs

vi) prepare programme for conducting various campaigns

vii) consolidate monthly report of the State

viii) perform any other duties and functions assigned to him by the

Controller or Deputy Controller (H.Q.) from time to time

2.3.3 Powers, functions and duties of Assistant Controller (Accounts)

Headquarter

He shall;

i) work as “Drawing and Disbursing Officer”

ii) assist superiors in all the matters related to accounts and work

related to Standard/ Precision Laboratory

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iii) assist superiors in the work related to issuance and renewal of

licences

iv) communicate with State Government and Financial Advisor and

Deputy Secretary in the matters of budget and other financial

aspects

v) assist superiors in providing stamps, dies and Working Standard

equipments to LMOs

vi) assist Controller or Deputy Controller in the cases filed in the

Maharashtra Administrative Tribunal (MAT) and High Court

vii) perform any other duties and functions assigned by

superior officers (H.Q.) from time to time

2.3.4 Powers, functions and duties of Inspectors at Headquarter

They shall work as per the work distribution order issued by the

Controller from time to time.

2.3.5 Powers, functions and duties of Deputy Controller (Region)

He shall:

i) exercise the powers conferred on him by the Act subject to the

limitations as provided in sub-section 3 of section 14 and

delegated powers of the Controller under sub-section (7) of

section 13 of the Act, subject to sub-section (8) of said section of

the Act, within his local limit

ii) discharge functions as In-charge of Secondary Standards

Laboratory

iii) approve reports of verification of Working Standards

iv) approve annual work programme of Divisional Inspectors

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v) carry out inspection of establishments on complaint or otherwise

in the manner and for the purpose as provided in sections 15 and

16 of the Act

vi) carry out office inspections of subordinate offices within his local

limit

vii) grant licence to repairer of weight or measure having activities in

his region and renew licence of repairer whose licence is issued

by Dy. Controller (H.Q.) and having registered office in his

region and also renew licences of repairer having workshops in

more than one District, within his local limit, as authorized under

notification no. LMO/2010/410/C.R.175 (Part 2)/C.P.4 dated 18

th

June 2011 by the State Government

viii) carry out inspections of licencees of weight or measure within

his local limit

ix) compound offences under the Act and Rules as authorized by the

Controller vide notified order No. LMO/ 2010/410/ C.R.175 (Part

2)/C.P.4 dated 29

th

July 2011

x) organize consumer awareness programme and assist the Controller

in such programmes organized for the entire State

xi) arrange training programmes for Assistant Controllers, Inspectors,

Lab Assistants and Field Assistants within his local limit

xii) take monthly review of District Assistant Controllers and quarterly

review of Dist. Assistant Controllers along with Inspectors

xiii) exercise any other power, discharge functions and duties assigned

to him by the Controller from time to time.

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2.3.6 Functions and duties of Assistant Controller (Administration)

at Regional office

He shall;

i) assist Deputy Controller in the matters relating to office

establishment

ii) assist Deputy Controller in the matters relating to licences

iii) assist Deputy Controller in the cases filed in the MAT and High

Court

iv) assist Deputy Controller for office inspections of subordinate

offices

v) assist Deputy Controller for inspections of the licencee

vi) assist Deputy Controller to arrange and distribute Working

Standards, stamps, dies, and stamping equipments to LMOs

within the region

vii) perform any other duties and functions assigned by superior

officers from time to time

2.3.7 Functions and duties of Assistant Controller (Accounts) at

Regional office

He shall:

i) work as Drawing and Disbursing Officer

ii) assist Deputy Controller in the matters relating to compounding of

offences

iii) work as Complaint Redressal Officer

iv) assist Deputy Controller in organizing consumer awareness

programmes

v) assist Deputy Controller for office inspections of subordinate

offices

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vi) prepare programme for conducting various campaigns

vii) prepare monthly report of the Region

viii) perform any other duties and functions assigned by superior

officers from time to time

2.3.8 Functions and duties of Inspector – I at Regional office

He shall assist Assistant Controller (Administration) viz.:

i) in the work relating to licences

ii) in the work relating to verification and maintenance of Secondary

Standards

iii) in the cases relating to enforcement, filed in the High Court

iv) in the work relating to office inspections of subordinate offices

v) to arrange and distribute Working Standards, stamps, dies, and

stamping equipments to LMOs within the Region

vi) in any other duties and functions assigned by superior officers

from time to time

2.3.9 Functions and duties of Inspector – II at Regional office

He shall assist Assistant Controller (Accounts) viz.:

i) in the matter of compounding of offences

ii) in complaints regarding implementation of Act and Rules

iii) to arrange consumer awareness programmes

iv) in the work relating to office inspections of subordinate offices

v) in the preparation of programme for conducting various campaigns

vi) in the preparation of monthly report of Region

vii) in any other duties and functions assigned by superior officers

from time to time.

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2.3.10 Functions and duties of District Assistant Controller

He shall:

i) exercise the powers conferred on him by the Act subject to the

limitations as provided in sub-section 3 of section 14 and

delegated powers of the Controller under sub-section (7) of

section 13 of the Act, subject to sub-section (8) of said section of

the Act within his local limit.

ii) supervise the work of Inspectors in his jurisdiction.

iii) carry out inspection of premises on complaint or otherwise in the

manner and for the purpose as provided in sections 15 and 16 of

the Act.

iv) grant and renew licences to Dealers and renew licence to repair,

as authorized under notification no LMO/ 2010/410/C.R.175 (Part

2)/C.P.4 dated 18

th

June 2011 by State Government.

v) compounding of offences under the Act and Rules as authorized

by the Controller vide notified order No. LMO/ 2010/ 410/ C.R.

175(Part 2) /C.P.4 dated 29

th

July 2011.

vi) supervise the work of verification and stamping of weight or

measure

vii) inspect office of every inspector in his jurisdiction at least once in

a year.

viii) visit and supervise work at camp office of the Inspector in his

jurisdiction, as and when required

ix) arrange special campaigns

x) issue certificate of registration to manufacturer/packer of

packaged commodity, as authorized by the Controller

xi) carry out inspections of licencees of weights or measures

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xii) take monthly review of work of inspectors and forward various

reports to Deputy Controller

xiii) discharge any other duties and functions assigned or

directed by Controller or Deputy Controller.

2.3.11 Functions and duties of Inspector

He shall:

i) exercise the powers conferred on him by the Act subject to the

limitations as provided in sub-section 3 of section 14 and delegated

powers of the Controller under sub-section (7) of section 13 of the

Act, subject to sub-section (8) of said section of the Act within his

local limit

ii) receive and deposit verification fee as provided in Rules 15 and 16

of The Maharashtra Legal Metrology (Enforcement) Rules, 2011

iii) carry out the work of verification and stamping of weight or

measure within his local jurisdiction. The advance intimation

regarding the initial verification and stamping of weigh-bridge,

petrol pump and storage tank should be given to respective District

Assistant Controller

iv) search and inspect the premises within his local limit for

implementing various provisions of The Legal Metrology Act and

Rules made thereunder as and when required

v) book the case if it is noticed that there is a violation of provisions of

the Act and/or Rules, and take necessary entries in various records

maintained for the purpose in his office (like D.S.R. and

prosecution register)

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vi) issue compounding/show cause notice to the accused, receive

amount of compounding fee in compliance of the order, if any

passed by the competent authority in this regard.

vii) file the case in the court of law within the period of limitation if the

offence is not compoundable or if the offence is compoundable but

the accused did not agree to compound

viii) work as in-charge of Working Standard Laboratory

ix) deal with seized goods strictly in the manner as provided in the

respective Rules.

x) inspect every licencee in his jurisdiction at least once in a year

xi) submit various reports regularly to the higher authority

xii) adjust weight or measure if required and authorized

xiii) take due care of stamps and dies supplied to him by the

Department

xiv) discharge any other duties and functions assigned or directed by

Controller or Deputy Controller or Assistant Controller.

2.4 Functions and duties of Laboratory Assistant

He shall:

i) keep neat and clean Secondary Standard Laboratory

ii) assist the Assistant Controller for preparing record in the

Secondary Standard Laboratory

iii) assist the Assistant Controller/Inspector in verifying the Working

Standards with Secondary Standards brought periodically in

laboratory

iv) visit the working standard laboratories in the region and ascertain

whether the balances are in working condition and report

accordingly

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v) assist Legal Metrology Officer in calibration and preparing

calibration chart of the weight or measure

vi) discharge any other duties assigned or directed by higher officers

2.5 Functions and duties of Field Assistant

He shall:

i) keep update inward/ outward register

ii) compile data of verified weight or measure and make the

necessary entries in Daily Summary Report (DSR) and Cash

Balance Report (CBR)

iii) assist inspector for camp shifting, camp work, camp reporting and

take care of tools and equipments at camp office

iv) check the documents and number of articles presented by user/

repairer and prepare verification certificate after verification of

the same and submit the same for signature

v) assist Inspector in verification work of weight or measure

vi) prepare notices to be sent to the users of weight or measure for re-

verification and serve the same

vii) maintain the database of the users of weight or measure

viii) keep Working Standard Laboratory and stamping equipments

neat and clean

ix) keep records and files updated and preserve them

x) assist the Inspector in court cases

xi) discharge any other duties and functions assigned or directed by

Legal Metrology Officer.

*****

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CHAPTER III

Training

3.1 Training to the Probationers

3.1.1 Assistant Controller

Every Assistant Controller who is appointed directly has to undergo a

probation period of two years. During this period he shall undergo the

following training and work experience:

i) basic training: Assistant Controller shall complete successfully the

Basic Training Course of four months at Indian Institute of Legal

Metrology, Ranchi as required under The Legal Metrology

(General) Rules, 2011 and Recruitment Rules

ii) training in Accounts and Civil Services Rules

iii) Assistant Controller shall get experience of the work of

verification and stamping, prosecution, camp work, court cases,

reporting etc. done by the Inspector

iv) learn the work carried out in the offices of:

a) Assistant Controller

b) Deputy Controller

c) Controller

v) Assistant Controller shall work independently for last six months

of his probation period

vi) the duration of training for (ii) to (iv) above shall be as specified

by the Controller

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3.1.2 Inspector

Every Inspector appointed by nomination or promotion has to undergo a

probation period of one year. During this period he shall undergo the

following trainings and work experience:

i) basic training: Inspector shall complete successfully the Basic

Training Course of four months at Indian Institute of Legal

Metrology, Ranchi as required under The Legal Metrology

(General) Rules, 2011 and Recruitment Rules

ii) he shall work with such Inspector, who has experience of work

not less than 10 years as Inspector. During this period he shall

observe the work of Field Assistant, work of verification and

stamping of weight or measure and prosecution work.

iii) he shall work at Assistant Controller’s office and while working

there, he will observe the work of issuance and renewal of

licences, maintenance of various registers, compilation of various

reports, case register, licence register, cash book, packer

registration etc. and compounding procedure of offences

iv) he shall work at Dy. Controller’s office and while working there,

he will observe the work of issuance and renewal of licences,

maintenance of various registers, compilation of reports etc and

compounding procedure of offences

v) he shall work independently for the last two months of his

probation period

vi) the duration of training for (ii) to (iv) above shall be as specified

by the Controller

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3.1.3 Laboratory Assistant and Field Assistant

Every Laboratory Assistant and Field Assistant should go for three to five

days training course which shall contain the following syllabus:

i) History of Weights and Measures

(Standardisation, OIML and its role, NPL, Reference

Standards, Secondary Standards, Working Standards)

ii) design, construction, use of material in Working and Secondary

Standards, technical terminology of beam scales, length and

capacity measures.

iii) Design, construction, use of material and Technical

Terminology of Digital Working and Secondary Standard

Balances.

iv) Maintenance and Servicing of Length Measures and Capacity

Measures. Permissible errors allowed, Tolerances of

Secondary and Working Standards, Verification Procedure of

these Standards.

v) Practical Session for Verification of equi-arm and digital

Working and Secondary Standard Balances, Capacity

Measures and Length Measures.

vi) Methods of weighing, calculation of errors, Sensitivity,

Accuracy, Inequality of arms, Tolerances, Technical

Terminology of equi-arm Secondary and Working Standard

Balances

vii) Calibration and Verification Procedure for Digital Secondary

and Working Standard Balances.

viii) any other relevant subjects to be decided by authorities.

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3.2 In service short-term training

Every Legal Metrology Officer shall be deputed for in service training by

rotation viz.

i) refresher training course at I.I.L.M., Ranchi

ii) consumer awareness programme at Noida

iii) LPG, CNG dispenser training course at Kerala

iv) training programme at National Physical Laboratory

v) training programme at Reference Standard Laboratory

vi) training programme in Germany

vii) training programme at YASHADA, Pune or other similar

institutes on following subjects:

a) accounts training for controlling, Drawing and Disbursing

Officers.

b) training on administration, management, and training in

respect of various Civil Services Rules including Conduct

and Discipline Rules.

c) computer training.

d) various short duration courses related to Legal Metrology

Act and Rules, Criminal Procedure Code, Civil Procedure

Code, Indian Penal Code, Evidence Act, and other

procedures in the court etc.

viii) periodical workshops/training on advances in Legal

Metrology and amendments in Act/Rules.

*****

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CHAPTER IV

Procedures for Verification and Stamping

Legal Metrology Organization has to protect rights of consumers by

accurate delivery of goods through weight, measure or number. This

ultimate object is to be achieved by ensuring accuracy of weight or

measure. This is carried out through verification and stamping including

sealing, wherever necessary, of weight or measure manufactured and by

re-verification of them periodically as they tend to become inaccurate

owing to frequent and constant use, wear and tear. For verification of

weight or measure and to ensure their accuracy, they have to be

compared with Working Standards and Secondary Standards. The

Working Standards are at present with the Inspectors while Secondary

Standards are with regional Deputy Controller of Legal Metrology.

According to the Law, it is necessary to ensure accuracy of these

Standards by periodic calibration. The Legal Metrology Officers are

technically qualified persons and they have to calibrate the Secondary

Standards and Working Standards as per the procedures laid down under

the Act and Rules.

4.1 Verification of Secondary Standards

The Deputy Controller of the region is in-charge of Secondary Standard

Laboratory. Deputy Controller should make necessary arrangement for

verification of Secondary Standards. As per Rule 31 (2) of The Legal

Metrology (National Standards) Rules, 2011, every Secondary Standard

shall be verified against the appropriate Reference Standard by Reference

Standard Laboratory at an interval not exceeding two years.

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4.2 Verification of Working Standards

The Inspector is the custodian having control of the Working Standards

and other equipments provided to him by the Controller. All these

Working Standards and other equipments shall be kept and maintained in

good condition. As per Rule 31 (3) of Legal Metrology (National

Standards) Rules, 2011, every Working Standards shall be verified

against the appropriate Secondary Standard at an interval not exceeding

one year. The procedure for verification of Working Standards shall be in

accordance with Quality Manual of Secondary Standard Laboratory.

The Working Standards should not be put into use unless and until the

verification results are approved by Secondary Standard Laboratory.

Inspector shall make necessary test weights and test measures duly

verified and stamped, to be used for verification and inspection of

commercial weight or measure. He shall verify the accuracy of the test

weights and test measures and stamp these at least twice in a year and

also take the note of the same in the D.S.R.

Inspector should check and maintain the Working Standards regularly,

and if the Working Standards show error beyond permissible limits he

should take all necessary further steps.

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4.3 Verification and stamping of commercial weight or

measure

4.3.1 Verification and stamping of weight or measure used for

transaction or for protection brought to the office of Inspector

of Legal Metrology:

i) any weight or measure brought to the office or camp office should

be verified and stamped and sealed, as the case may be, by the

concerned Inspector following the procedures as per the Rules.

The fee payable shall be accepted in advance in the manner as

specified by the Controller from time to time.

ii) Inspector shall follow the timings and days notified by the order no

LMO/2010/410/C.R.175(Part-2)/C.P.4 dated 29

th

July 2011, while

carrying the work of verification and stamping and display the

same at the office/camp office.

iii) if the Inspector is not able to attend the work of verification and

stamping at office or camp office, he should inform the concerned

Assistant Controller in advance so that the Assistant Controller

can make alternative arrangement.

iv) the Inspector with the help of Field Assistant shall carry out the

work of calculation of fees, preparation of challans/money receipt,

acceptance of fees etc.

v) All payments received in the office or camp office as fees, should

be accepted in the manner as may be specified by the Controller

from time to time.

vi) Verification and stamping shall be done, subject to realization of

amount of fees.

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vii) The Inspector shall instruct the Field Assistant to visually inspect

the weight or measure for ensuring cleanliness and proper

levelling etc.

viii) During the verification, if the weight or measure is found to be

accurate/within permissible error, such weight or measure shall

be stamped by Inspector.

ix) If it is found that the weight or measure is not within permissible

error, the Inspector shall return the same by putting obliteration

stamp on such weight or measure to the user along with Notice

in the form given in Schedule X to Maharashtra Legal

Metrology (Enforcement) Rules, 2011.

x) On completion of stamping the Inspector with the help of Field

Assistant shall prepare the verification certificate and separate

certificate, in case of rejection shall be issued, with the reasons

thereof. (Schedule IX)

xi) Verification certificate shall include following additional

details…in case of:

a) non automatic weighing instruments - max. capacity, min.

capacity, ‘e’ value (verification scale interval) and

accuracy class

b) non automatic measuring instruments - max. flow rate,

name of the product to be dispensed

c) Metres for liquid other than water - flow rate, closing

totalizing reading at the time of verification, name of the

product to be dispensed

d) Tank lorry - Chassis no., vehicle number, number and

sizes of front and rear tyres, tank size in metre, number of

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compartments, compartment wise tank capacity,

compartment wise dip mark, compartment wise dip hatch

height on tank and dip hatch distance in centimetres from

the front of the tank

xii) The verification certificate shall be issued immediately

xiii) The Inspector may refuse to accept the weight or measure

brought for verification on the days and timings other than

displayed in office or camp office.

4.3.2 Verification and stamping at premises other than office/camp

office

Dormant weight or measure

The weight or measure which cannot be moved from its location shall be

verified and stamped by the Inspector on receiving at least thirty days

prior intimation request in writing from the user in the Proforma given in

ANNEX I. The Inspector may avail the facilities provided by the user as

specified by the Controller.

Movable weight or measure

On receiving request in proforma (ANNEX I), from user for verification

of the movable weight or measure at user’s premises, the Inspector may

visit the user’s premises and verify the weight or measure, charging the

fees prescribed and the expenses incurred. However, the Inspector shall

have the right to accept or reject such request.

Except procedure of charging the fees and recovering expenses incurred

for all other matters, the procedure prescribed in respect of verification of

weight or measure in office shall be applicable mutatis-mutandi (similar).

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In case of outdoor verification and stamping the Inspector shall take

following steps:

i) He shall carry with him test weights or measures and other testing

equipments as provided by the Controller, depending upon the

type and capacity of weight or measure to be verified.

ii) Where the test load provided to Inspector is not sufficient to verify

or test weight or measure such as weigh bridges, platform

machines, crane scales, etc., Inspector shall intimate the

owner/user to make necessary arrangement for that purpose. The

format for intimation letter is given in ANNEX II.

iii) During visit to the premises, if the Inspector finds that no testing

facility and necessary manpower is made available, the Inspector

shall refuse to carry out the work of verification and stamping. On

subsequent application and making necessary arrangement,

Inspector shall again charge the expenses incurred for visiting the

premises and carry out the work of verification and stamping.

iv) After verification, if the Inspector is satisfied that the weight or

measure conforms to the standards established under the Act and

Rule, he shall stamp the weight or measure and if necessary, seal

the same.

v) The Inspector shall cause to prepare the verification certificate,

with the help of Field Assistant, in the prescribed format

[Schedule IX to the Maharashtra Legal Metrology (Enforcement)

Rule 2011] and issue the same to the user immediately.

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4.4 Initial verification of weight or measure (new or

modified)

4.4.1 Metres for liquids other than water

An Inspector of Legal Metrology shall satisfy himself about the

following documents along with company technician before undertaking

verification and stamping of newly installed petrol pump:

i) Model Approval Certificate

ii) Importer Licence, if the dispensing unit is imported

ii) NOC from concerned authorities such as

Collector/Municipality/Corporation to install the said dispensing

unit

iii) Explosive licence from the concerned authority

iv) Challan/Money receipt of verification and stamping fees

4.4.2 Weighing and measuring instruments

An Inspector of Legal Metrology shall satisfy himself about the

following documents, before undertaking verification and stamping of

newly installed weight or measure:

i) Model Approval Certificate

ii) Purchase bill

iii) Importer’s Licence, in case of imported weight or measure.

iv) Availability of test load as required under The Legal Metrology

(General) Rules, 2011 and the facilities prescribed under Rule 21 of

The Maharashtra Legal Metrology (Enforcement) Rules, 2011.

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v) NOC from concerned authorities such as

Collector/Municipality/Corporation to install such weight or

measure.

vi) Challan/Money receipt of verification and stamping fees, deposited

4.4.3 Procedure for verification of vehicle tank lorry registered in

other State

In case of vehicle tank lorry registered in other State, where the

calibration facility is not available, the concerned Inspector shall consider

the certificate of Legal Metrology Officer of such State that they do not

have the calibration facility and the calibration of such vehicle tank can

be done in this State. Reference of this N.O.C. should be invariably

mentioned in the verification certificate and original copy of this N.O.C.

should be preserved along with challan of calibration centre with the

office of the Inspector. Separate report in this respect should be submitted

to the Controller’s Office through proper channel.

*****

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CHAPTER V

Inspections

5.1 General

The Legal Metrology Officer may visit, as frequently as possible, every

premises within his local limits and enter into any such premises and

inspect any weight, measure or other goods in relation to which trade and

commerce has taken place or is intended or likely to take place or such

weight or measure is being or likely to be used for protection.

Deputy Controller, Assistant Controller and Inspectors working in

Headquarter and Assistant Controller and Inspectors working in regional

offices should not go for field inspection unless specifically authorized.

In case of authorization, specific instructions as regards which seizure

receipt book and test equipments are to be used should be given in the

authorization letter. Regional Dy. Controller/District Assistant Controller

can use the seizure receipt book and test equipments for field work which

are maintained by their Divisional Inspector.

5.2

Inspection of establishments by Inspector

Step One

While going for inspection every Legal Metrology Officer should

ascertain the check list and carry the following things with him:

i) identity card indicating jurisdiction or Authorization letter

ii) seizure Receipt Book

iii) weighing Balance as per requirement

iv) verified Test weight or measure as per requirement

v) copy of the Act and Rules

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vi) data sheets (Net content), Schedule X Notice Form

vii) formats of required documents such as undertaking for goods

returnable in case of speedy and natural decay

viii) designation stamps, sealing wire, seal and other required

stationery material etc.

Step Two

After entering into premises Legal Metrology Officer should disclose his

identity by showing Identity card to the person in-charge of the premises.

However, where the identity disclosure hampers the merit of the

inspection, identity should be disclosed at proper time. If any obstruction

or resistance is created by the trader or observed from the person in

charge of the premises or any other person, the Legal Metrology Officer

should seek police assistance by requesting in writing to the Area Police

Station of the local jurisdiction, and report the same to higher authority

for information.

Step Three

During inspection, the Legal Metrology Officer should carry out

calculations, compute errors and draw inferences as per Act and Rules. If

there is any violation, Legal Metrology Officer should explain the same

to the person in charge and prepare seizure receipt. Whenever the process

of inspection and seizure is carried out in presence of AC/DC, they

should invariably sign the related document.

Necessary and required description of seized goods (as per the Act and

Rules), should be given in the seizure receipt. Reasons for seizing such

goods shall be invariably mentioned in the seizure receipt. The reasons

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for seizure should be clearly mentioned in common language instead of

mentioning legal terms/violation of Section and Rules. For traceability of

accused a copy of one of the documentary evidences such as licence

issued by Government/local authority/ documents like electricity bill,

telephone bill, leave and licence, packer registration, etc. may be taken in

possession.

Step Four

The third copy of the seizure receipt should be given to the person in-

charge of the premises and acknowledgement should be taken.

If the person present/in-charge of the premises refuses to sign and receive

the seizure receipt, the receipt may be pasted at the entrance of the

premises in the presence of the witnesses or copy of it may be served to

the person by registered post A/D.

Step Five

The Legal Metrology Officer should seize all the articles mentioned in

the seizure receipt. Following procedure should be adopted while seizing

the goods/articles:

i) If any seized goods are subject to speedy or natural decay, the

Legal Metrology Officers should weigh/measure the goods on a

verified weighing and measuring instruments available with him

or near the place of seizure and take necessary entries in the

format given in SCHEDULE XII of The Maharashtra Legal

Metrology (Enforcement) Rules 2011

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ii) If the trader or the person present at the premises refuses to sign

the form, the Legal Metrology Officer shall obtain the signature

of witnesses

iii) If any seized goods are in the packaged form and are subject to

speedy or natural decay, and does not conform to provisions of

the Act/Rules, the Legal Metrology Officer may dispose of goods

as mentioned in (i) above and keep with him the empty wrappers

for necessary evidence. The provision in the sub-Rule (3) of Rule

17 in The Maharashtra Legal Metrology (Enforcement) Rules,

2011 and the Schedule XII is to be followed. The list of naturally

decaying substances is given in ANNEX III

iv) When the goods seized are not subject to speedy or natural decay,

the Legal Metrology Officer may retain the goods for the purpose

of prosecution under The Legal Metrology Act/Rules after giving

a copy of seizure receipt to the trader or person in-charge

v) With a view to overcoming the situation regarding transportation

and safe custody of the seized and detained goods, generally

packages subject to maximum quantity of five packages shall be

detained by the concerned LMO at the time of seizure and

remaining packages be returned to the trader or person present at

the premises and an undertaking in the format given in ANNEX

IV should be taken from the trader or person in-charge

vi) The Legal Metrology Officer should ensure that seized and

detained property is carefully sealed and preserved for producing

in the court of law as and when required.

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Step Six

In respect of intimation of the seizure and seized property to the Judicial

Magistrate First Class the relevant provisions of Criminal Procedure

Code may be followed.

5.2.1 General inspection

No specially designated seizure receipt book shall be maintained or kept

in the office of Controller, Deputy Controller and District Assistant

Controller. Whenever a situation occurs, such that immediate inspection

by Deputy Controller or Assistant Controller becomes necessary, they

should call local Inspector along with them. However, if the concerned

local Inspector is not available or he is to be avoided for specific reason,

the Inspector of neighbouring division of the same District shall be called

along with his seizure book, equipments necessary for inspection and

necessary action thereafter. The concerned Deputy Controller or

Assistant Controller shall witness the inspection and seizure done in their

presence and should invariably sign on the concerned documents. They

should note such incident in their tour diary, which is submitted to higher

officer.

5.3

Inspection by squad

The special squad for specific purposes shall be constituted by the

Controller. The members of such squad will be as specified by the

Controller by specific order. The squad shall function as per the

procedure specified in the order and for the period specified in the said

order. The squad shall be deemed to be dissolved after the specified

period.

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In case of inspections by squads, the action taken should be intimated to

the area Inspector, concerned Assistant Controller and Deputy Controller.

The local Inspector, on receipt of such intimation along with all case

papers in original shall inform the same to the Court having jurisdiction.

5.4

Inspection in joint raid

In joint raids, participating Inspectors may use seizure receipt books

allotted to them. The cases booked vide seizure receipts used by

Inspectors other than local Inspectors, should be handed over to the local

Inspector along with original copy of the seizure receipt, muddemal and

other related records as soon as the joint raid is over. These cases should

be recorded in the case register of local Inspector and other participating

Inspectors should not record these cases in their case registers or report in

monthly work report. But these cases can be considered at the time of

annual assessment of their work.

Under certain circumstances on the request of local Inspector, District

Assistant Controller may permit other divisional Inspector in writing to

accompany him.

Controller/Deputy Controller/District Assistant Controller may arrange

joint raid for specific task and effective enforcement for the better

protection of consumer interest. Normally LMO shall not

visit/inspect/investigate in the area other than his local limits.

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5.5

Inspection of weight or measure

In addition to clause 5.2 above the LMO shall take following steps while

inspecting weight or measure and packaged commodity:

i) Inspect any record, register or other document relating thereto.

ii) The Legal Metrology Officer shall obliterate the stamp on any

weight or measure, if it is found during inspection that:

a) any weight or measure which being due for re-verification has

not been submitted for such re-verification;

b) any weight or measure which does not conform to the

Standards established by or under the Act;

c) any weight or measure which, since the last verification,

stamping and sealing has been repaired or readjusted;

d) any weight or measure which does not admit proper

adjustment by reason of its being broken, indented or

otherwise defective;

Provided that where the Legal Metrology Officer is of opinion that the

defect or error in such weight or measure is not such as to require

immediate obliteration of the stamp, he shall serve a notice in the form

set out in Schedule-X of Maharashtra Legal Metrology (Enforcement)

Rules, 2011 to the user of such a weight or measure informing him of the

defect or error found in the weight or measure and calling upon him to

remove the defect or error within seven days as he may specify and shall:

i) if user fails to remove the defect or error within that period,

obliterate the stamp, or

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ii) if the defect or error is so removed as to make the weight or

measure conform to the standards established by or under the Act,

verify, stamp and seal such weight or measure.

iii) if it is noticed by the LMO that the weight or measure is not

verified on or before the expiry of validity date during the same

quarter (as marked on the weight or measure), he shall obliterate

the stamp and issue a notice for a period not exceeding 7 days in a

Proforma as given in ANNEX V. Upon failing to comply with

notice, action under section 33 of Legal Metrology Act, 2009

shall be initiated against the user of such weight or measure

iv) Thereafter the LMO shall take necessary action including

prosecution under the relevant provisions of the Act and Rules.

v) During the inspection, if it is found that the user failed to produce

weight or measure for verification on or before expiry of validity

of stamp, the LMO should take steps such as seizing of weight or

measure, booking offence under relevant Rules.

vi) During the inspection if short delivery or excess demand, by

weight, measure or number or services obtained/rendered is

noticed, the LMO should take action as per Act/Rules.

vii) Notwithstanding anything stated above, if during the inspection it

is noticed that there is violation of any other provisions of the Act

and Rules, appropriate action/proceeding shall be initiated against

the user/trader.

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5.6

Inspection of Packaged Commodities

5.6.1 While inspecting the premises of Manufacturer, Packer or

Importer the LMO shall,

i) ask to produce registration certificate of Manufacturer, Packer or

Importer.

ii) check the declarations, on the packages ready for dispatch.

iii) check the net content of the packages as per Rule 19 of Packaged

Commodities Rules.

5.6.2 While inspecting the premises of wholesale dealer or retail

dealer, the LMO shall:

i) check the declarations on the packaged commodities

ii) check whether there is any alteration, obliteration, and/or

smudging on MRP declared on the packages

iii) in case of overcharging, at first, receipt of said packaged

commodity should be procured for evidence and thereafter

prosecution may be filed against the retail or wholesale dealer as

the case may be

iv) in case no receipt is given on demand or incorrect receipt is

given, punchnama shall be prepared in presence of two witnesses

and action should be initiated as per Act and Rule

v) Check the net content of the packages, on complaint or if there is

any reason to suspect that any package has been tampered with

as per Rule 21 of PCR.

However, normally without complaint, no net content checking of

packages shall be carried out in the premises of retailer/wholesale dealer.

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5.7

Office inspection

The main objective of the office inspection is to monitor the work done

by the respective Legal Metrology Offices. Inspection should be done

with a view to rectifying/minimizing the irregularities in day-to-day work

and also as a precautionary measure. This should be carried out once in a

year. This should be done in a planned manner and with predefined

programme approved by higher authority. This programme should be

devised well in advance. Inspection report should be forwarded to the

concerned Legal Metrology Officer for compliance and copy of the same

should be submitted to the higher authority within a week in the format

given in ANNEX VI.

5.7.1 Office of Inspector of Legal Metrology

Inspection of the office of the Inspector of Legal Metrology shall be done

by the District Assistant Controller/Regional Deputy Controller and

Controller’s Office. Taking this into account District Assistant Controller

should submit his inspection programme for all the divisions within his

district to the Regional Deputy Controller in the month of April every

year.

Regional Deputy Controller should arrange his inspection programme

considering the programme submitted by District Assistant Controller.

He shall earmark at least two offices of the Inspector of Legal Metrology

for inspection by him and accordingly he should approve the programme

of Assistant Controller, copy of which should be submitted to the

Controller.

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5.7.2 Office of the Assistant Controller of Legal Metrology

Inspection of the Office of the Assistant Controller of Legal Metrology

shall be done by the Regional Deputy Controller and Controller. Taking

this into account Deputy Controller should submit his inspection

programme of the offices of the District Assistant Controller and at least

two Inspector within his region to the Controller’s Office for approval.

Controller’s Office should arrange its inspection programme considering

the programme submitted by the Regional Deputy Controller.

Controller’s Office shall earmark at least one District Assistant

Controller’s Office and some of the offices of Inspectors of Legal

Metrology for inspection and accordingly approve and communicate to

that effect to the concerned Deputy Controller.

5.7.3 Office of the Deputy Controller of Legal Metrology

Inspection of the office of the Deputy Controller of Legal Metrology

shall be done by the Controller’s Office.

5.7.4 General instructions for submitting, finalizing and carrying

out inspection programme

i) District Assistant Controller should submit his inspection

programme up to 15

th

April of every year

ii) Regional Deputy Controller should approve the programme

submitted by Assistant Controller and submit his inspection

programme to the Controller’s Office up to 30

th

April of every

year

iii) Controller’s Office should approve inspection programmes

submitted by Deputy Controller and also finalize its office

programme up to 31

st

May of every year

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iv) Controller’s Office should carry out the inspection of all the

Regional Deputy Controller’s Offices, at least one District

Assistant Controller’s Office of each region and some of the

offices of the Inspectors

v) Deputy Controller’s Office should carry out the inspection of the

District Assistant Controller’s Offices and at least two offices of

the Inspector of Legal Metrology in his Region

vi) at the time of finalizing the inspection programme it should be

ascertained that all the Legal Metrology offices in the State

should be inspected at least once every year

vii) while carrying out the inspection the period of inspection should

be determined after the period for which earlier inspection was

done

viii) the Inspection Officer before starting the inspection work will

take into account the compliance of remarks passed in the

previous inspection

ix) in no case inspection should be carried out of the offices in the

period during which inspection is carried out by higher authority.

*****

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CHAPTER VI

Prosecution, Investigation, Compounding,

Clubbing and Closing of Cases

6.1 Entry in the prosecution registers

During the inspection, if the LMO comes to the conclusion that an

offence which is punishable under the Act or Rules has been committed

by trader, manufacturer, packer or user, as the case may be, the LMO can

consider the seizure receipt and the Panchnama. He must take detailed

entries on the same day or next working day in the register kept in the

office. The format for the register is given in ANNEX VII. The LMO

should note registration of offence, etc. in their Daily Summary Report .

In case, there are more than one sections violated, only one case should

be registered against the offender in the register. After investigation if it

is found that there are more persons such as dealer, supplier, wholesale

dealer, C&F agent, manufacturer/packer/importer, etc. involved in the

same offence, they can be made accused on receipt of evidence.

Thereafter, LMO should take entries in the DSR as well as in the Case

Register of the same at the date on which evidence is received.

If the name and address of manufacturer/packer/importer appears on the

seized packages, case against the same should be registered in Case

Register on the date of seizure. While taking entries of dealer, supplier,

etc. the reference of original case number of related case should be

mentioned. If total products seized from a single establishment for

violation of different sections/rules, are more than one, then also only one

case against the defaulter firm should be registered in Case Register.

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6.2

Investigations

Investigation is essential before prosecuting the accused for the offences

which they have allegedly committed under the Act and Rules.

Therefore, while investigating, LMO shall consider the following points:

i) if the accused firm is a proprietary concern, and if Shops and

Establishments Act is applicable, LMO shall obtain/procure valid

copy of Shops and Establishments Act licence. Where shop Act is

applicable, but licence is not available, LMO shall procure any

such licence/document issued by competent authority, which

indicates the status of the firm and name of the owner. In case,

where Shops and Establishments Act is not applicable, LMO shall

take undertaking from the accused regarding the ownership of the

firm.

ii) if the accused firm is a partnership concern, LMO shall procure

valid copy of partnership deed. He shall ensure that all the

partners are alive and are responsible for the offence. In addition,

he shall obtain any other valid licence/document which contains

the names of the partners.

iii) If the accused firm is private limited or public limited and the

company has nominated any director as per Rule 29 of The Legal

Metrology (General) Rules 2011, the LMO shall procure a copy

of such nomination. If no person is nominated by the accused

company, he shall procure existing list of directors of the

company along with memorandum of association and article of

association. If there is any discrepancy in the names of the

directors between the two documents, he shall procure form

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number 32 as per Company Act. He shall ensure that all Directors

are alive and responsible for the offence.

iv) in the case where packaged commodities are seized from the

retailer, LMO shall procure purchase bills/cash memo/delivery

challans and details of dealer/distributor/

packer/manufacturer/importer of the said goods.

v) as per documents procured from the retailer, LMO shall find out

names and addresses of all accused in the said case and prepare

correspondence to the dealer/distributor/

packer/manufacturer/importer. During investigation he may avail

the facility of email and various websites (website of registrar of

company). He may also take help from concerned police station

and concerned LMO of that jurisdiction. In the case where

accused is located outside the State, he shall make

correspondence to the Controller of that State through the

Assistant Controller of the concerned District.

vi) LMO shall investigate with help of licences issued by Legal

Metrology or other concerned authorities.

vii) in case, where smudging of price on the package commodity is

observed, LMO shall investigate as to who has smudged the price.

If the retailer has smudged the price then the fact should be

mentioned in the consent letter.

viii) if the case is booked in warehouse, LMO shall inquire about the

ownership of the warehouse. If the warehouse is on rental basis he

shall obtain copy of agreement and fix the responsibility of the

offence accordingly.

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ix) procedure for obtaining name and addresses of accused (format -

ANNEX VIII)

a) The Inspector should report the facts to the District Assistant

Controller while the District Assistant Controller should write

to the concerned District Assistant Controller with the request

to find out and make available the details of the accused.

b) In case, the accused is from outside the State, the District

Assistant Controller should write to the Controller of the

concerned State requesting for the name and address of the

concerned.

6.3

Compounding of an offence

i) the LMO shall ascertain whether the offence committed by the

accused is compoundable.

ii) for deciding, whether a particular offence is first or second,

detailed violation should be considered, e.g., if first offence

detected and compounded, was for not writing date of

manufacture and an offence subsequently detected was for not

writing e-mail address. If these offences are committed within a

span of three years and violated the same section 18 of The Legal

Metrology Act, 2009, then it will be treated as first offences.

i) period of three years should be counted from the date on which

compounding amount for the first offence was deposited.

ii) Inspector shall send notice to the accused within ten days in the

format given in ANNEX IX from the date of offence.

iii) on the receipt of reply/request for compounding the offence, the

LMO shall submit the proposal in the format given at ANNEX X

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along with necessary documents to the compounding authority

through proper channel within 7 days from receipt of such

request. The concerned District Assistant Controller should

scrutinize the proposal and should seek compliance from the

Inspector, if any, and forward the proposal to Deputy Controller

along with his remarks within three working days.

iv) on receipt of the proposal for compounding, the compounding

authority after examining the case in detail should pass the order

within 15 (fifteen) days in the format given in ANNEX XI. The

compounding authority while determining the amount of

compounding fees shall have regard to the seriousness, nature of

the offence and evidence on record. The compounding authority

shall take necessary entries in the compounding case register as

given in ANNEX XII. The order passed shall be forwarded to the

concerned LMO for serving the same to the accused within 7

(seven) days. The compounding order in respect of accused from

outside the State should be in English.

vii) if the compounding fee in compliance of the order is not

deposited within the time as specified in order, the LMO should

file the case in the court of law, within the period of limitation.

i) if no reply from the accused is received within the stipulated time

limit then the LMO shall file prosecution case in the court of law.

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6.4

Clubbing of cases

It is a settled principle of Law, that no person should be punished

multiple times for commission of same offence. In view of this, clubbing

of offences becomes necessary.

If a number of cases are booked in relation to the same commodity in

packaged form of the same person or company, by different inspectors

for violation of the same section/rule under the Act and Rules, all such

cases may be clubbed together and treated as a single offence and

compounded. If a number of such cases are booked in the same region,

the Deputy Controller of that region will be the authority to club the cases

and if a number of such cases are booked in different regions, then the

Deputy Controller (H.Q.) will be the authority to club the cases. The

following procedure shall be adopted in this regard.

If the accused requests the clubbing authority, the concerned authority

shall call for all case papers from the concerned in each case and

scrutinize the same. After scrutiny he shall ascertain whether the product

seized in all the cases are for the violation of same section/rules, and

thereafter should issue a compounding order mentioning the sum of

compounding amount that should be deposited with Inspector of Legal

Metrology. The compounding order should be issued to the Inspector

who has booked the case at first and where a number of cases are booked

on the same day, the compounding order should be issued to the

Inspector whose value of seized goods is more. The order should also

mention all the other cases booked by other Inspectors of Legal

Metrology along with their division and seizure receipt numbers with

date.

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If the compounding order has already been issued and thereafter accused

approaches for clubbing, the compounding authority should ascertain that

the violated section/rules of the offence so compounded and of the cases

applied for clubbing are the same. In no case clubbing of the same

offence should be done after 180 days from the date of registration of

first offence.

In order to issue a clubbing order, following documents should be

verified:

i) a request letter from the concerned offender for clubbing

ii) a copy of seizure receipt of the case which is already

compounded

iii) a copy of compounding order, and

iv) a copy of challan as a proof for payment of compounding amount

If the Inspector receives a clubbing request, he should verify the papers

and make sure that the commodity in packaged form, section/rule

violated in the case booked by him is the same as that in the case which is

already compounded, then the Inspector shall forward the case to the

Assistant Controller with his recommendations. The Assistant Controller

shall send the proposal to Deputy Controller with his remarks.

Deputy Controller on receipt of such proposal from different Inspectors

should take into consideration all documentary proofs and take decision

regarding clubbing of the cases and pass an order to that effect within 15

(fifteen) days. The copies of the order shall be sent to all concerned. On

receiving the order, concerned Inspector shall close the case after taking

necessary entries in the Case Register and shall return seized goods to the

concerned.

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Provided that:

The cases of retail/wholesale dealers involved in these cases shall be

treated as separate cases and compounded in usual manner.

6.5 Disposal of cases

If compounding notice sent on the addresses of the accused is returned

with the postal remarks such as incomplete address, deceased, not on

address, left address, in such cases the following procedure shall be

adopted:

i) if the accused is in local jurisdiction of the Inspector and he is not

traceable, the LMO should visit the place of the accused and make

an enquiry for tracing him. If he is not traceable, panchnama

about the facts should be drawn. The proposal for closing the case

should be submitted to the appropriate compounding authority

along with such panchnama.

ii) if the accused is not in his local jurisdiction but if it is within the

State, the Inspector should report this fact to the District Assistant

Controller and the District Assistant Controller should write to the

concerned District Assistant Controller with the request to find

out and make available the details of the accused.

iii) if the accused is from outside the State, the Inspector should

report this fact to the District Assistant Controller and the District

Assistant Controller should write to the Controller of the

concerned State with the request to find out and make available

the details of the accused.

iv) the Inspector should take efforts to find out the addresses and

details of the accused person from other sources such as police,

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Shops and Establishments organization, Registrar of companies,

etc.

i) the Inspector may also try to find out the details of the accused by

availing the facility of electronic media such as internet, mobile,

telephone, etc.

ii) despite all the aforesaid efforts, if the details of accused could not

be made available within six months from the date of prosecution,

the matter shall be reported to the compounding authority for

close of case.

iii) if the compounding authority is Deputy Controller or Assistant

Controller as the case may be, he on examining the report of the

Inspector, other material facts and circumstances of each case,

may pass an order for closing the case and forward a copy to

higher authority. It may be clarified in the order that the seized

goods shall be returned to the person from whom it was seized on

payment of compounding fees.

viii) on the basis of such order, the Inspector can take entry in the

register along with details of such order and mark the case in the

register as “closed”.

6.6 Closing of case

On investigation, if it is found that the product seized is

duplicate/spurious and/or that no case is made out, then the Inspector

shall submit the proposal for closing the case to the Controller through

proper channel. The proposal shall be critically analyzed and forwarded

with clear remarks of the concerned Legal Metrology Officer for closing

the case. The reasons for closing the case must be mentioned in the order

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with proper justification. The decision taken should be communicated to

the concerned Legal Metrology Officer and the person involved.

6.7 Filing a case in the court of law

If the offence is non-compoundable, the complaint shall be filed in the

court of law within the period of limitation.

If the offence is compoundable, however, the accused even after notice is

not willing to compound the offence or failed to reply within specified

period or he did not deposit the compounding amount as ordered by

compounding authority within the specified period, concerned Inspector

shall proceed for filing the case in the court of law, immediately by

following the procedure as given below:

i) before filing a case in the court of law, the Inspector shall

intimate the accused in writing in the format given in ANNEX

XIII

ii) if the accused expresses in writing that he is willing to compound

the offence at this stage, the Inspector should follow the

procedure for compounding the offence

iii) if there is no possibility of compounding the offence, the

Inspector should file the complaint in the format as given in

ANNEX XIV, in the court, along with copies of necessary

documents

iv) the Inspector should note down the court case number (C C No.)

and other details in the case register maintained in the office. If

the accused desires to compound the offence after filing the

complaint in the court, the accused may be asked to make an

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application to the court to permit him for compounding the

offence at departmental level and the Inspector should thereafter

act as per the directions of the court

v) if a case pending in court is subsequently compounded, the

Inspector should make a request in writing to the court to stop

further proceedings in the format as given in ANNEX XV

vi) the Inspector should carry out his role as a complainant and

Assistant Public Prosecutor in the case. The assistance of Public

Prosecutor shall be taken as per the necessity in the matter

vii) in the event of transfer of the concerned Inspector who has lodged

the case in the court, he shall hand over all the case papers to the

succeeding Inspector. The succeeding Inspector shall intimate in

writing to the court about the transfer and thereafter he shall

attend the court accordingly

viii) after the decision of the court, a proper note should be taken in

the Prosecution Register

ix) if the accused is acquitted or the punishment awarded by court is

not satisfactory, then the Inspector in consultation with Public

Prosecutor should make proposal to the higher authority for

consideration whether appeal or revision application is to be filed

against the order of trial court, and proceed further accordingly.

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6.8 Disposal of seized articles

Seized articles or goods shall be disposed of in the manner as provided in

Rule 17 of Maharashtra Legal Metrology (Enforcement) Rules, 2011. No

seized goods or articles shall be disposed of if the court proceeding is

pending. In absence of specific court order, Inspector should deal with it

as per the orders of Controller.

*****

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CHAPTER VII

Licences and Registration

As per section 23 of The Legal Metrology Act, 2009 licence to

manufacture, repair and sale of weight or measure is necessary. However,

no licence to repair shall be required by a manufacturer for repair of his

own weight or measure in a State other than the State of manufacture of

the same. In such case the manufacturer has to inform in advance to the

concerned LMO about the repairing.

Every licence to manufacture, repair and sale of weight or measure shall

be granted in accordance with the provisions of Rule 6 of The

Maharashtra Legal Metrology (Enforcement) Rules, 2011. Application

form for the same is as given in Schedules ( see Chapter XIV) .

7.1 Licence to manufacture

Deputy Controller (H.Q) can issue licence to manufacturer of weight or

measure as per the Notification No. LMO/2010/410/C.R.175 (Part

2)/C.P.4 dated 18

th

June 2011, on application in form LM-1. After receipt

of application, the Deputy Controller (H.Q), shall scrutinize the

application and documents attached therewith and assign the work of

further investigation to any Legal Metrology Officer from the area where

the manufacturing unit is situated.

After receipt of investigation report, if the licencing authority is of

opinion that licence can be issued considering investigation report, he

shall constitute a committee of at least three members for conducting the

technical ability test of the applicant. The committee shall consist of

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licencing authority or his nominee, an Assistant Controller and an

Inspector. The said committee will conduct the technical ability test as

specified by the Controller within 7 days or with such extended period of

not more than 7 days with proper communication to the applicant. The

committee after completion of such technical ability test will submit its

report to the licencing authority immediately within next three working

days. After successful completion of technical ability test, the licencing

authority should communicate to the applicant for depositing the requisite

fees.

While investigating, the following points should be taken into

consideration:

i) Verification of application along with supportive documents in

respect of:

a) Premises: If the premises is/are owned by the applicant(s)

himself/herself/themselves, the documents such as Tax receipt

of local body/authority shall be verified. If the premises is/are

owned by any other family members, their consent letter duly

notarized along with document of ownership shall be verified.

If the premises is/are rented, the copy of registered agreement

shall be verified.

It is advisable that the investigating officer while

recommending the proposal shall make specific remarks in

respect of the area occupied by such unit. It is desirable that

the area of such unit is about 100 square metres.

b) Establishment: any document such as certificate of

registration of industry, registration under Shops and

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Establishments Act, if the unit is located within the village

panchayat area, then NOC from that gram panchayat.

c) Constitution: in case of proprietorship/partnership firm,

registered document, in case of company, registration

certificate under Companies Act along with copy of Article of

Association and Memorandum of Association.

d) Nature of business: licences, if any, required and obtained in

case of other nature of business.

e) Type of weight or measure: certificate of model approval,

wherever applicable.

f) Employees: copies of appointment letters with photographs,

qualification and experience certificate, if any.

g) Trade Mark/Monogram: registration certificate from

competent authority.

h) Machinery, tools and accessories: list with purchase bill.

i) Electrical energy: latest electricity bill.

ii) after verification and investigation in details, the inspecting

officer shall submit a report along with the application with his

findings, recommendation and observation within 15 days to the

concerned authority

iii) the inspecting officer should follow the guidelines issued in this

respect from time to time by the Controller of Legal Metrology

iv) after due consideration of the report received from the inspecting

officer and the report from the committee for technical ability test,

if the licencing authority, arrives at the conclusion and is satisfied

that the applicant fulfils all the requirements, his/her application

should be considered for grant of licence

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v) the decision of the licencing authority shall be communicated to

the applicant asking him/her to deposit the licence fee as

prescribed in Schedule IV of The Maharashtra Legal Metrology

(Enforcement) Rules, 2011

vi) after receipt of licence fee, the licencing authority shall issue

licence in respective form within 7 days

vii) if, the licence is refused due to non-compliance of all or any of

the requirements, the decision duly reasoned shall be

communicated within 7 days to the applicant

viii) the process of issuing licence, as far as possible, shall be

completed within the scheduled time given in the Citizen Charter

ix) intimation regarding issuance of licence shall be communicated to

the concerned Legal Metrology Officer for information and

record

x) the licencing authority shall transmit the certified photocopy of

file pertaining to licence to the concerned Legal Metrology

Officer, who has been authorized/empowered to renew such

licence, in order to enable the said officer to consider the

application for renewal.

7.2 Licence to repair

The licencing authority can issue licence to repair weight or measure as

per the Notification No. LMO/2010/410/C.R.175 (Part 2)/C.P.4 dated

18

th

June 2011, on application in form LR-1. After receipt of application,

the licencing authority shall scrutinize the application and documents

attached therewith and shall assign the work for further investigation and

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compliance to any Legal Metrology Officer from the area where the

repairing workshop is situated.

After receipt of investigation report, if the licencing authority is of

opinion that Licence can be issued considering investigation report, he