Maharashtra Legal Metrology Manual 2011

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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
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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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
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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2
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
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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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
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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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.
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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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) Licencemeans the licence granted in the format prescribed under
the respective Rules.
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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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,
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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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;
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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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
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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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
MAHARASHTRA LEGAL METROLOGY MANUAL, 2011
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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-efficientmeans 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.
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
shall constitute a committee of at least three members for conducting the
technical ability test of the applicant. The committee shall consist of
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/inspecting, following points shall be taken into
consideration:
i) Verification of application along with supportive documentary
proofs in respect of:
a) Premises: If the premises is/are owned by the applicant
himself/herself, 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.
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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 20 square metres.
b) Establishment: any document such as certificate of
registration of industry, registration under Shops and
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:
f) Employees: copies of appointment letters with photographs,
qualification and experience certificate, if any.
g) Machinery, Tools and Accessories: list with purchase bill.
h) Electrical energy: latest electricity bill.
i) Loan/Test Article purchase bill in case of new, verification
certificate.
ii) the investigating officer should make specific observations as to
whether Loan/Test Article are sufficient or not
iii) 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
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iv) the inspecting officer should follow the guidelines issued in this
respect from time to time by the Controller of Legal Metrology
v) 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
vi) the decision of the licencing authority shall be communicated to
the applicant asking him/her to deposit the licence fee and
security deposit as prescribed in Schedule IV and Schedule VI,
respectively of The Maharashtra Legal Metrology (Enforcement)
Rules, 2011
vii) after receipt of licence fee, the licencing authority shall issue
licence in respective form within 7 days
viii) 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
ix) the process of issuing licence, as far as possible, shall be
completed within the scheduled time given in the Citizen Charter
x) intimation regarding issuance of licence shall be communicated to
the concerned Legal Metrology Officer for information and
record
xi) 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.
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xii) in the following cases, the Deputy Controller (H.Q.) being the
licencing authority shall follow the same procedure as above:
a) where manufacturer is also repairer
b) where the area of operation is in more than one region within
the State of Maharashtra.
7.3
Licence to dealer
The licencing authority can issue licence to dealer 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 LD-1. After receipt of application,
the licencing authority shall scrutinize the application and documents
attached therewith and assign the work for further investigation and
compliance to any Legal Metrology Officer from the area where the
establishment is situated.
While investigating/inspecting, following points shall be taken into
consideration:
i) Verification of application along with supportive documentary
proofs in respect of :
a) Premises: If the premises is/are owned by the applicant
himself/herself, 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
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respect of the area occupied by such establishment. It is
desirable that the area of such unit shall not be less than 10
square metres.
b) Establishment: any document such as certificate of registration
of industry, registration under Shops and 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) Licences : VAT/CST/ Sales Tax/Professional Tax/Income
Tax
e) If the applicant intends to import weight or measure: Model
Approval Certificate and Registration as Importer of weight or
measure.
f) 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, 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
i) where manufacturer is also dealer, the Deputy Controller (H.Q.)
being the licencing authority shall follow the same procedure as
above.
7.4 Renewal of licences
With a view to ascertaining that the process of renwal of licence should
be invariably completed on or before 1
st
January of those applications
which have been received by him on or before 1
st
of December, the
licence renewal authority should organize a co-ordinated programme. A
copy of this co-ordinated programme should be submitted to the next
higher authority.
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7.4.1 While designing the co-ordinated programme following points
shall be considered:
i) forward the application in such a way that the investigation officer
should receive the application on or before 3
rd
December
ii) receipt of investigation reports by renewing authority should be
received on or before 15
th
December
7.4.2 While renewal of licence following points shall be considered:
i) it is mandatory under the rules that the licencee should make an
application for renewal of licence at least 30 days before the
expiry of validity of licence to the concerned renewal authority in
the prescribed format.
ii) after receiving the application for renewal, the licencing authority
shall refer the application to the concerned Inspector for
verification and investigation
iii) after receiving the application for investigation the Inspector shall
communicate the date for investigation to the licencee within 3
days. Inspector shall complete the process of verification and
investigation and submit the report of the same to the concerned
licence-renewing authority within 7 days
iv) after due consideration of the report received from the inspecting
officer, if the licence renewal authority, arrives at the conclusion
and is satisfied that the applicant fulfils all the requirements,
his/her application should be considered for renewal of licence. In
case of the refusal of renewal, the duly reasoned reference shall
be communicated to the applicant
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v) if the premises of the licencee is/are on rent/leave licence
agreement, renewal of such licence should not be more than one
calendar year or up to the date on which such agreement expires,
whichever is earlier
vi) the decision of the licence renewal authority shall be
communicated to the applicant asking him/her to deposit the
licence fee
vii) after receipt of licence fee, the licence renewal authority shall
renew licence within 7 days. Intimation of issuance of renewal
shall be communicated to the concerned Legal Metrology Officer
for information and record.
7.4.3 Application for renewal of licence:
No application, after expiry of validity date shall be entertained
by the licence renewing authority except the Controller. If the
application is allowed by the Controller, the procedure for
verification and investigation as prescribed above will be
applicable.
7.4.4 While investigating application for renewal following
guidelines in addition to the guidelines applicable for issuance
of licence shall be followed:
i) whether the manufacturer or repairer has done minimum
manufacturing or repairing work as specified by the Controller?
ii) whether every licencee has maintained records and registers in
appropriate form?
iii) whether the licencee has submitted periodical reports/returns as
specified?
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iv) licence renewal authority or investigating authority shall ensure
whether any proceeding under the Act/Rule is pending against the
licencee or whether there is any complaint against him/her for
misuse or misconduct of licence
v) if the licence renewal authority arrives at a conclusion that the
licence cannot be renewed for any of the reasons stated above, he
shall forward the file to the licencing authority for further
necessary action. However, such decision shall be communicated
to the applicant.
7.5
Alteration in licences
Application for alteration can be disposed of by the authority who has
issued such licence. Any alteration except the name of original licencee,
in the licence would be permissible only by accepting the application in
writing. Considering the verification and investigation reports, in respect
of qualification as prescribed in the Rule, technical ability test and all
other relevant factors such alteration can be allowed. If the alteration is to
be permitted, fees as prescribed shall be charged and recovered from the
licencee. After receipt of fees, alteration in the licence shall be done and
issued to the concerned within 7 days. Intimation regarding the alteration
in licence shall be communicated to the concerned Legal Metrology
Officer for information and record.
7.6
Issuance of duplicate licences
If the application is for duplicate licence, the licencing authority shall
verify the documentary proof in support of application and consider the
matter on merit. Documents such as police complaint along with affidavit
duly notarized may be considered while deciding the application, for
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duplicate licence. If the issuance of duplicate licence is permitted, fees as
prescribed shall be charged and recovered from the licencee. After receipt
of fees, duplicate licence should be issued to the concerned within 7 days.
7.7
Inspections of licencee such as manufacturer, dealer
and repairer of weight or measure
Before visiting the premises of licencee for inspections, the LMO should
give seven days prior notice to the licencee in the format given in
ANNEX XVI, along with copy of inspection proforma.
The LMO shall visit the premises on the date mentioned in the notice and
carry out the inspection. He should prepare the inspection report in the
proforma. After completion of the inspection, the concerned LMO,
should forward the inspection report along with his remark to the
concerned licencing authority through proper channel for information and
necessary action, if any. A copy of the same should also be handed over
to the concerned licencee.
During the inspection, if the LMO finds violation of any of the provisions
of the Act and Rules, he shall take necessary action as per the Act and
Rules.
If inspection is carried out by licencing authority himself, he should take
action such as suspension, cancellation of the licence following due
procedure of law including prosecution case if there is violation of any
provisions of the Act and Rules.
The reports of inspection of manufacturer, dealer and repairer should be
prepared in the format given in the ANNEXES XVII, XVIII and XIX
respectively.
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7.8 Registration of Manufacturer, Packer and Importer
of Packaged Commodities
Application for registration of manufacturer, packer and importer of
Packaged Commodities shall be accepted in the format given in ANNEX
XX by the Controller or any other officer authorized with specified
registration fee.
All limited, private limited and importer firms of Packaged Commodities
should be registered at Controller’s office and all other establishments
should be registered at the District Assistant Controller’s office in which
establishment is situated.
After receipt of the application, the concerned authority shall scrutinize,
verify the application and the documents thereof as supportive evidence
and if it is found that the application is complete in all respects, the
authority shall grant the registration certificate in the format given in
ANNEX XXI. After issuance of the registration certificate, necessary
entries in the register kept for the purpose shall be taken in the following
format.
Sr. No.
Name of the
Applicant
Names of the
Proprietor/partners/
director
Complete address of
the premises
Name of
Commodities to be
prepacked/imported
Details of fees paid
Registration Number
Shorter address if
any registered
Sign
1 2 3 4 5 6 7 8 9
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If application is not complete in itself, the registering authority shall
return the same to the applicant within a period of 7 working days from
the date of receipt of application.
For non registration of manufacturer, packer and importer of packaged
commodities, legal action as per the provisions under the Act and Rules
against the defaulter should be initiated.
Compilation of State-wise list of registered manufacturers, packers or
importers is contemplated under Rule 30 of The Legal Metrology
(Packaged Commodities) Rules, 2011. Therefore, every Assistant
Controller shall submit monthly report consisting of number of
registrations, list of manufacturers, packers and other details from the
register maintained in the Controller’s Office. The Controller’s Office
shall compile a State-wise list of such registrations and should submit it
to the Director, Legal Metrology.
7.8.1 Shorter address
Registration of shorter addresses should be done at Controller’s Office. If
any application for shorter address is received by the Controller’s office,
then a letter shall be sent on the shorter address mentioned in the
application and directing him/her to produce the same letter along with
the original envelope sent to him/her by the office. On receipt of this, a
certificate to that effect should be issued to the applicant within 7 days
and necessary entry in the register should be taken.
The entry in respect of shorter address shall also be taken by the issuing
authority who has issued the packers registration after receiving the
communication to that effect from the office of the Controller.
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7.9
Registration of Importer of weight or measure
For registration of Importer of weight or measure, application specified in
Tenth Schedule under Rule 15 of Legal Metrology (General) Rules, 2011
has to be preferred through the Controller to the Director of Legal
Metrology, Department of Consumer Affairs, Ministry of Food, Public
Distribution and Consumer Affairs, Government of India along with
prescribed fee.
*****
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CHAPTER VIII
Reports
Various periodical reports such as daily, weekly, monthly are required to
be prepared, maintained and submitted to various higher authorities from
time to time. Some of the important reports are highlighted in consequent
sections of this Chapter.
8.1 Daily summary report
Daily summary report is one of the important reports in the Legal
Metrology Organization. This helps the controlling officers to monitor
the activities of the field officers such as daily work done and time spent,
details of prosecutions and summary of daily verification and stamping
work and fees collected. This document is also important for sanctioning
re-imbursement of travelling allowances of the Inspector and his staff.
Claim for daily allowance for halt at camping centre should be granted by
the Assistant Controller of Legal Metrology only if the Inspector carries
out actual work at the camp. Brief description of work done as office
work in the office should be mentioned in the daily summary report. This
report should be submitted for each working day to the concerned
Assistant Controller immediately on the next day. The proforma for DSR
is given in ANNEX XXII.
8.2
Cash balance report
Cash Balance Report (CBR) is an important basic report. It reflects not
only cash transactions of Inspector’s office but also the statistics of
verified weights or measures and fees received and the amount balance, if
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any. It is the mirror for the supervising officer to crosscheck the
transactions. CBR shall be written by the Field Assistant. CBR shall be
written for a week i.e., from Sunday to Saturday and shall be submitted to
Assistant Controller immediately after receipt of challans from the
authorized banks. The format of CBR is given in ANNEX XXIII.
8.3 Monthly report
The Monthly Report in the format as specified from time to time shall be
submitted to respective higher authorities as given below:
Monthly report submission to higher authorities
Sr.
No.
Name of Office Report to be
submitted to Date of submission
1 2 3 4
1 Inspector of Legal
Metrology Assistant Controller
of Legal Metrology 2
nd
working day of
month
2 Assistant Controller
of Legal Metrology Deputy Controller of
Legal Metrology 3
rd
working day of
month
3 Deputy Controller of
Legal Metrology Controller of Legal
Metrology 4
th
working day of
month
4 Controller of Legal
Metrology State Government 5
th
working day of
month
8.4 Campaign report
The campaigns arranged by the higher authorities are to be conducted by
the LMOs in their respective jurisdiction. Report in the format given in
ANNEX XXIV should be submitted to the higher authority immediately
on the next day of the completion of the campaign.
8.5 Reconciliation of challans from treasury
All payments received by the LMO towards the verification and stamping
of weight or measure, compounding fees and other fees shall be credited
to the Government under the appropriate “Head of Account”
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(1475001700, 1475-other general economic services (106) fees for
stamping weights and measures, other fees, fine and forfeitures)
The Controller’s Office and Legal Metrology Officer should submit the
challans for reconciliation to the treasury every month in the format given
in ANNEX XXV and obtain the verified reconciliation report from
treasury and submit the copy of verified report to the respective higher
authority except by Controller’s Office. The Controller’s Office and
respective higher authority shall consolidate the reports and submit it to
the Office of the Financial Advisor and Deputy Secretary of Food, Civil
Supplies and Consumer Protection Department.
8.6 Tour diary
The LMO and staff has to travel often in their jurisdiction for
implementation of the provisions of the Act and Rules. LMO should
submit his tour diary to his superior authority in the format as given
below for approval and reimbursement of expenses incurred by him and
the staff.
Tour Diary
Name of LMO/Staff ____________________________ Designation
__________________
is hereby submitting monthly tour diary for the month
_________________ for approval.
Division…………………….. District……………….… Basic
Pay……...……..….
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Signature of LMO /Staff
8.7
Annual work programme
With a view to planning the expected and actual work to be carried out in
a year, it is necessary to prepare yearly work programme. Every
divisional Inspector shall prepare annual work programme showing
expected amount to be collected and schedule of camping etc. in the
format given in ANNEX XXVI.
i) While preparing annual programme, the Inspector should follow
guidelines as given below:
a) The collection of verification and stamping fees in the previous
year should be taken as base for preparing annual programme.
However, verification and stamping fees for those weight or
measure for which validity period is of two years, amount of
fees collected should be deducted in the annual programme of
current year and added in the subsequent year.
b) While determining the expected collection in relation to
traders, 5% increase on collection of fees in municipal
Departure Arrival
Sr.No.
From
Date
Time
To
Date
Time
Distance in km
Vehicle used
Fare `
`
`
`
Purpose of
journey
and place
of halt
1 2 3 4 5 6 7 8 9 10 11
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corporation, 3% increase in municipal council and 2%
increase in rural areas should be applied on the actual amount
collected in previous year.
c) In case of petrol pump and hawkers, 3% increase respectively
will be admissible.
d) There will be no increase in case of government, semi-
government, post, railway, co-operative societies,
manufacturer, dealer and repairer of weight or measure and
vehicle tank calibration centre.
e) In case of industry, collection of verification and stamping
fees is of uncertain nature. Therefore definite amount of
verification and stamping fees cannot be predicted while
preparing annual programme.
f) The amount of fees collected as TA/DA and re-verification fee
in respect of weight or measure which are produced for
verification multiple times in a year from the users shall not
be taken into account for preparation of annual programme.
g) The camping centres should be arranged in such a way that it
is easy to access for the staff as well as for the clients.
ii) The Inspector should submit three copies of the annual work
programme to the Assistant Controller. The District Assistant
Controller should scrutinize and forward the same with his
remarks to the Deputy Controller. The Deputy Controller should
finalize and approve the annual work programme considering the
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programme submitted by the Inspector and remarks of the
Assistant Controller.
iii) After approval copy should be forwarded to the concerned
Inspector and Assistant Controller.
iv) The Inspector should submit annual work programme to the
Assistant Controller upto 15
th
of April, the Assistant Controller
should forward the same to Deputy Controller upto 21
st
April. The
Deputy Controller should approve the programme and send the
same to the concerned LMO upto 1
st
week of May.
v) The yearly work programme should be strictly adhered to by the
Inspector. Any change in the approved annual work programme
should be with prior approval of the Deputy Controller.
*****
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CHAPTER IX
Files and Registers
9.1
Files
The compilation of work record enables the Legal Metrology Officer to
trace easily the papers in the appropriate file, if standardized. A set of
standard files comprising different subjects needs to be maintained. They
are described in consequent sections of this Chapter.
9.1.1 Classification, weeding, destruction and preservation of
record
In order to have a uniform procedure for classification, weeding,
destruction and preservation of record, an A/B/C/C1/D and Z
classification is prepared. The said classification is not exhaustive but is
illustrative and will be helpful for preservation of records of the
Organization.
9.1.2 Completion of files and filing
A case file is said to have been completed, when all matters therein are
disposed of and no further action is necessary on the paper and a reply
covering all the points is sent to the party who has initiated the case.
After making necessary endorsement for closure of the file, the papers
may be filed. While filing the papers, all flags, ships, blank paper,
duplicate copies, etc. should be removed. All case files should be filed
chronologically.
Considering the importance and the period to which the record is likely to
be required for reference/disposal, the same should be classified as below
and preserved for the period indicated by these letters:
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‘A’- to be preserved indefinitely
‘B’- to be preserved for 30 years
‘C1’- to be preserved for 10 years
‘C’- to be preserved for 5 years
‘D’ - to be destroyed as soon as the purpose is fulfilled or
accounts have been audited and accepted. These files
should generally be of ephemeral nature and they do not
go to the record room.
‘Z’ - placed against a few papers means that they must be
classified as A, B, C, C1, D and Z by he Head of Office as
they are as variable in importance as to be best decided by
the Headquarters only.
The above classification should be made on each case at conspicuous
place at the time of recording the filing/closing instructions. Files and
papers classified as ‘D’ should be destroyed in the office as and when due
for destruction. The files/records classified as C and C1 should be
destroyed respectively as soon as five and ten years have elapsed after the
year in which they were closed. Files classified as A and B should be
preserved properly and classification revised if necessary. Before
destroying the files, an index of files should be prepared in the proforma
as given below and a note of their destruction should be taken in the file
register.
Proforma for indexing of files before their destruction
Sr.
No. File
No. Subject
Date of
closing Classification Remarks (Reg.
Destruction of file,
etc)
1 2 3 4 5 6
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The destruction of the record should be done under the orders of
controlling officers.
In order to carry out proper preservation and destruction, the closed
files/records should be sorted out according to years and subjects. The
bundles thereof should be kept chronologically according to the
classification viz. A, B, C, C1, D and Z. Taking into account the
importance of the record and the risk of premature destruction in doubtful
cases, such cases/record should be preserved rather than destroyed. The
period of preservation should be reckoned by calendar years from the last
day of the year during which the records are filed. G.Rs. and circulars
should be arranged according to Department and Year while the
Government Gazettes received from the Printing and Stationery
Department should be arranged according to their parts and pages. Lists
should be prepared and index must be kept on the top for every six
months.
The following record should not be destroyed on any account;
i) record connected with expenditure which is within the statute of
limitation.
ii) record connected with expenditure on projects, schemes or works
not completed, although beyond the period of limitation.
iii) record connected with claims to service and personal matters
affecting person in service.
iv) orders/sanctions of a permanent character until revised.
A file movement Register in the following proforma should be
maintained for recording the movement of such closed files/records,
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whenever it is given to other office on written requisition for some office
work. The proforma for movement of closed files/records is given below:
Proforma for movement of closed files/records
Sr.
No.
File No.
and
Year of
closing
Subject Classifi-
cation
Date of issue
and signature of
receiving officier
Date of return
and Sign of
officier who has
given the file
1 2 3 4 5 6
The A, B, C, C1, D and Z list for classification etc. of record/files
concerning various subjects are enclosed herewith.
9.1.3 List of standard files maintained in the office of the Deputy
Controller of Legal Metrology
Sr.
No. Subject Compilation code
No. Classifica-
tion
1. Circulars DCLM/ Cir/ A
2. Government Notifications DCLM/GN./ A
3. Government Resolution DCLM/GR./ A
4. Confidential Correspondence DCLM/CONF./ A
5. Correspondence with
Government Department DCLM/GOVT./ B
6. Monthly Report DCLM/MR./ C
7. Correspondence regarding
campaign DCLM/WM/Campa-
ign/ C
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8. Correspondence regarding
Travelling Allowance DCLM/Actts./TA/ A
9. Correspondence regarding
Contingency DCLM/Actts./Cont/ B
10. Service file of Deputy/Assistant
Controller DCLM/SI/ C
11. Service file of Clerks/Field
Assistants DCLM/Clrk/F.A./ C
12. Service file of Peon DCLM/Peon/ C
13. Correspondence regarding
Secondary/Working Standards DCLM/Wkg.Std./ B
14. Correspondence regarding
Complaints DCLM/Complaint/ C
15. High Court-Stay orders,
judgments DCLM/HC/ B
16. Correspondence regarding
Money Receipt, Verification
Certificate
DCLM/Trd/ C
17. Correspondence regarding
Repairs DCLM/LR/ C
18. Correspondence regarding
Dealers DCLM/LD/ C
19. Correspondence regarding
Manufacturer DCLM/LM C
20. Transfer/Posting/Charge reports DCLM/charge
report/ C1
21. Notes of guidance DCLM/Notes/ C
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22. Correspondence regarding Dead-
stock Articles DCLM/DSA/ A
23. Correspondence regarding
Stamping Equipment DCLM/Stamps/ B
24. Office Inspection by CLM DCLM/OI/ C1
25. Office Inspection by A and G DCLM/OI-AG/ C1
26. Regarding yearly/two yearly
Work Programme and
area/camp completion report
DCLM/WP/ B
27. Disposal of Seized and detained
articles DCLM/S and D/ B
28. Correspondence regarding Right
to Information DCLM/RTI/ C
29. Statement of verification of
challans by Treasury/Sub-
treasury
DCLM/Tr.Ver/ C
30. Monthly meeting minutes DCLM/Month MM/ C
31. Campaign Report DCLM/Cam. Report/ C
32. L.A.Q./ L.C.Q DCLM/LQ/ C
33. International and National
Consumer Day Calibration DCLM/Com. Day/ C
34. Correspondence regarding
Compounding of the cases DCLM/Cases/ C
35. Printing and Supply of formats
regarding Legal Metrology Act
and Rules
DCLM/Print Act/ C
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36. Reports and Enquiries under
miscellaneous matters relating to
the Act and Rules
DCLM/Enquiry/ C
37. Cases Compounded with
composition orders DCLM/Com. Order/ B
38. Information, publicity,
propaganda file. (News relating
to Department published in
news- paper)
DCLM/Publicity/ C
39. Deputy/Assistant Controller’s
Diary DCLM/Diary/ C
40. Miscellaneous DCLM/Misc./ C
9.1.4 List and A, B, C, C1, D and Z classification of records in the
office of Assistant Controller
Sr.
No. Subject Compilation
Code No. Remarks and
Instruction
Classification
A) Subjects relating to Administration (Co-ordination)
1. Parliament, L.A. and
L.C. Questions ACLM/AQ/ Deal with each and
class-them as C-I C1
2. Yearly, six monthly
and monthly reports ACLM/MR/ - C
3. Sales loss or Write
off of dead stock and
books
ACLM/DS/
Enter in D.S.
Register and in the
Register of library
books with
sufficient
particulars.
C
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4.
Proposals and
Selection of sites, rent
fixation, purchase of
buildings etc. for
Govt. Officers.
ACLM/RPB/ - C
5. Assistant Controller’s
Diary Programme. ACLM/DP/ - C
6. Correspondence
regarding Motor
Vehicles
ACLM/MV/ - C
(B) Subjects relating to Establishment
1.
All establishment
matters such as
strength of fixed
Establishment, scales
of Pay, Fixed T.A.
and local allowances,
status, extent of duties
and distribution of
jurisdiction.
ACLM/Estb./ Weed well; usually
final G.R. suffices. A
2. G.Rs. circulars etc. ACLM/GR/ - A
3. Gradation/Seniority
lists and
Correspondence. ACLM/SL/ Weed well and keep
important papers. A
4.
Correspondence
regarding enquiries
about the conduct of
staff.
ACLM/Enq/ Weed well and keep
important papers
and final orders. B
5. Service books ACLM/SB/
These are current
records so long as
the Officer serves,
the ‘C’ after death
or retirement of the
Officer.
C
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6.
(i) Posting, Transfer,
promotions including
increment certificates
reversions, deputation
etc.
(ii) Efficiency Bar
ACLM/PTP/
Do not file till
posted in S.B. and
gradation list, send
copy to A.G.
--
C1
C
7. Fixation of Pay ACLM/
Pay Fix/ After note in S.B. C1
8.
Cases regarding
dismissals, involving
resignations,
discharges on
reduction
ACLM/
Dismis/ -- C1
9. Charge Reports of
Gazetted Officers ACLM/
Charge/ Either filed by A.G.
or noted in S.B. C
10. Leave of all kinds
except casual leave
Account
ACLM/
Leave/
Enter in S.B. and
inform A.G. or
Accounts Officer;
kept with S.B.
current so long as
the officer is in
service
C
11. Casual Leave register
and applications for
such leave ACLM/CL/ After Note in
register D
12. Departmental and
Language
Examinations ACLM/DLE/ Enter in S.B. C
13.
Grant of Pensions and
verification of Service
and all other
preliminary papers.
Cases in which
invalid pension have
been taken
ACLM/
Pension/ File only after
P.P.O. are issued C
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14. Gratuities ACLM/Grat/ Whether granted or
refused. C
15. Medical Examination ACLM/
Medical/
Medical Certificate
to be attached to
Pay bill then D
16.
Sanction of Advances,
Motor, Cycle, T.A.
Leave salary, house
building, advance on
transfer etc
ACLM/Adv/ - C
17. Training classes for
Clerks and other staff
ACLM/
Training
Staff/ Enter in S.B. C
18. Basic training of
Inspector, Assistant
Controller
ACLM/
Training
LMO/ C
19. Security Bonds ACLM/SB/
Keep in safe
custody as current
P.P. so long as in
force then verify
every year whether
the securities are
living and solvent.
C
20. Annual Statement of
Officers attaining
55/58/60 years ACLM/AG/ Inform A.G. and
Government after
giving opinion C
21.
Personal file and
confidential reports of
gazetted and non-
gazetted staff
ACLM/
CR-P File/ -
5 years after death or retire-
ment of the incumbent which-
ever is earlier.
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22. Cases Regarding
Accommodation to
Government servants
ACLM/
Acom/
Cases regarding
allotment orders
made by Govt. or by
C.A. Cases
regarding General
Correspondence
Keep in ‘B”
perso-nal file.‘D’
23.
Travel concessions to
Govt. Servants during
regular leave for
going to Home Town
and Maharashtra
darshan
ACLM/TA/
HT-MD/ -- C
24. Medical re-
imbursement to Govt.
Servants ACLM/MR/ -- C
25. Proposal for
additional staff. ACLM/AS/
If proposals
materialize the G.R.
and orders will be
classed as “A” vide
item No. 1 above.
C
26. Recruitment Rules for
Technical and Non-
technical posts ACLM/RR/ Weed well and keep
G.T. and important
papers. A
27. Charge report of
Inspector and other
employees
ACLM/
Charge ILM/ C
28. Caste verification ACLM/CV/ C
29. Rented office building
file for each office ACLM/Rent/ A
30. Right to Information
Act correspondence ACLM/RTI/ After giving
information and
entering in register C
31. Election duty and
correspondence
ACLM/
Election/ D
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32. Office Inspection
report by Controller
and Dy. Controller
ACLM/
Insp-DC/AC/
After compliance
report C
33.
Office of Inspection
report by Finance
Advisor and Deputy
Secretary
ACLM/
Insp-F & DS/
After compliance
report C1
34. Inspector’s office
Inspection report
ACLM/
Insp-ILM/
After compliance
report C
35. Complaints from
public and
correspondence
ACLM/
Complaint/
After entering in
register and disposal C
(C) Subjects relating to Registry
Sr.
No. Subject Remarks and
Instruction Classif
-ication
1. Inward Register for receipt of
tapal
2. Outward Register
3. Local dispatch book
4. Register for distribution of tapal
among the Staff members
C
5.
Accounts of Service postage
stamps. Forms A and B
Post and Telegrams
Dispatch Registers
C
C
D
6. Orders about assignment of
duties to class-III and IV
personnel for Registry work D
7. Dead Stock registers including
instruments and tools
In current use. When
new register is
prepared, keep old one
as A
A
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8. Purchase, transfer of furniture
and other items Enter in register with
sufficient particulars C
9. Sale, loss or write-off of dead
stock Enter in register with
sufficient particulars C
10. Disposal of waste papers and
obsolete records After audit keep as C C
11. Annual Indent for stationery
articles and forms C
12. Distribution of stationery articles
in office Register may be kept
for the purpose C
13. Requisition and supply of
standard registers C
14. Printing of special forms and
supply thereof C
15. Indent of desk diaries, wall
calendars and rubber stamps D
16.
Indent of supply of uniforms to
(i) Class IV personnel,
(ii) Drivers and Cleaners,
(iii) Sweepers
After audit objections
are complied with C
17. Standing orders for supply of
uniforms to Class IV personnel A
18. Miscellaneous correspondence
with regional offices pertaining to
supply of stationery D
19. Daily reports of the work done
and cases pending in the typing
pool D
20 Telephone call register C
21 Movement register C
22 Right to Information Act B
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23 Complaint Register C
24 Packers Register A
(D) Subjects relating to Organization and Method
1. Securing and arranging of office
accommodation
Weed well, final orders
of sanctions,
authorities to be kept as
A
A
2. Muster roll for Class III and
Class IV personnel D
3. Memos regarding discipline and
cleanliness in office D
4. Inspection reports of regional
offices After full compliance of
I.R. keep. B
5. Staff meetings Proceedings be kept as
C C
6.
Correspondence regarding
arrangements for training of
Gazetted Officers, Inspectors and
Staff
Weed well and keep C
7.
Govt. Resolutions and circulars
etc. and office instructions issued
in respect of preservation,
weeding and destruction of
Records
A
8. Preparation and maintenance of
the A/B/C/D. classification of
records
After printing keep this
as D D
9.
Registers in respect of
(i) preservation,
(ii) weeding and destruction of
records
Current. After the
registers are full, then
as A. A
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(E) Subjects relating to Accounts
1.
i) Pay bills of Govt. servants and
leave returns.
ii) Pay bills of other classes of
Govt. servants and
acquaintances on Rolls when
maintained separately
35
years
10
years
2.
i) Sanction to advances from
G.P. Fund
ii) Eligibility and condition of
subscriptions to G.P.F. and
nomination of beneficiaries.
(Not standing orders)
iii) General Provident Fund
Receipt Register
Communicated to
treasury and quoted on
voucher.
Orders will be noted in
the A.G’s office (when
not deducted from
bills).
A.G. keeps record and
sends annual statements
to each subscriber.
C
C
C
3.
a) i) Office copies of schedules
of G.P.F
(ii) Final withdrawal from
G.P.F.
b) Final withdrawal from G.P.F.
by persons other than
subscriber. D.C.P.S.
c) Correspondence subsidiary of
the above
C1
B
C1
4. Service books
5 years after death or retire-
ment of the incumbent
whichever is earlier.
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5. Increment Register A
6. Ledger regarding grant of loans A
7. Correspondence regarding
reconciliation of loans A
i) Office copies of budget
estimates and revised estimates
with their schedules and
appendices (Statement of new
and unusual items.)
B
ii) All notes regarding budgets
from Sub-offices D After
incorpo
ration.
8.
iii) Printed budget received from
Govt. or A.G. Appropriation
Correspondence, extra grants and
surrenders
Keep in use for
expropriation etc. till
expiry of financial year
and then at the end of
financial year.
B
D
9. Appropriation Accounts. B
10. Reconciliation of expenditure and
Receipts under heads 3475 and
1475 and monthly reports
After Reconciliation, it
may be kept as C C
11. Register of Permanent Advance C
12. Cash Book B
13. T.A. Bills and correspondence After compliance of
audit objections C
Contingent Bills and Contingent
Register C
Office rent and taxes
Telephone, Water and electricity
Rented vehicle bill
14.
Leave travel concession and
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home town bills
Festival advance bill
Computer advance bills
Motorcycle and vehicle loans
House building advance bills
Motorcycle and vehicle loans
Medical Reimbursement
15. Income Tax Returns of Officers
Returns of gazetted
officers will be kept in
personal file of the
Officer concerned.
Other returns to be
kept as ‘C’
C
16. Vouchers (if not sent with Bill) Must be marked
‘cancelled’. C
17. Challan File separately for each
receipt register. C
18. Audit Reports After finalization of
audit objection C
19. Bill register - C
20. Cheque Book Register - C
21. Statements of
Expenditure/Receipts - C
22. Correspondence regarding Book
Adjustment of revenue - C
23. Recovery of extra payment After audit inspection B
24.
Computer supply and maintenance
B
25.
Finance and statistical department
file
C
26. Correspondence with treasury
office and bank D
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(F) Subjects relating to Weights and Measures.
1. Legal Metrology Act, 2009 and
Notifications thereunder A
2. Rules made under Legal
Metrology Act, 2009 and
Notifications thereunder A
3.
Printing of forms, circulars and
supply of forms and The Legal
Metrology Act and Rules made
thereunder.
C
Prosecution cases under Weights
and Measures Act and appeal, if
any: C
i) Sanctions in respect of appeal
in progressive cases C
ii) Judgments of appeal B
4.
iii) Register of prosecution cases. B
5.
Results of verification of
working/Secondary/Ref.
standards of Weight or Measure,
Used Daily Summary Reports,
Cash Book Reports, Monthly
Reports, Verification Certificate
Books, yearly and two-yearly
Work Programme, Camp
Completion reports
C
6. Correspondence registers, issue
of Licence to manufacturer,
dealers and repairers
Renewable each year
Register is kept as
current and other
records to be classified
as C
C
7. Delegation of powers under the
Act. A
8. Purchase and supply of tools,
equipment, leather bags etc., to
inspectorial units
Enter in D.S. Register
and classify the records
as C. C
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9. Conference of Controller of
Legal Metrology
Weed well minutes and
Govt. orders will
remain as B. B
10. Monthly meetings with Deputy
Controller and Inspector Weed well minutes C
11. Statistical Information,
informative notes etc. of Weight
or Measure. C
12 Purchase of dead stock articles. After entry in D.S.
Register. C
13. Sanction of rent to permanent and
temporary premises. Z
14. Reports and Enquiries under
miscellaneous matters relating to
the Act and Rules.
If they cannot be
classed under any of the
items. Z
15. Cases compounded with
composition orders After making necessary
entries in case register C1
16. Cases compounded by Dy.
Controller with composition
orders
After making necessary
entries in case register C1
17. Correspondence regarding
compounding of cases After closing the case C
18. Distribution of stamp and dies After making necessary
entries in register C
19.
Information, publicity
propaganda file, news relating to
department, published in news-
papers
D
20. Weight or Measure
manufacturer file (manufacturer
wise) A
21. Weight or Measures repairer file
(repairer wise) A
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22. Weight or Measure dealer file
(dealer wise) A
23. Packer’s registration file After making necessary
entries in register C
24. List of petrol pumps, weigh-
bridges and industrial
establishments in the jurisdiction B
25. National and international
consumer day celebration D
26.
Special drive for inspection of
seeds, pesticides and fertilizers
dealer, petrol pumps dealers,
Diwali festival, sugar factories
and others special drives
D
9.1.5 List of files maintained in the office of the Inspector
The following is the list of files to be maintained at the Inspector’s office.
This list also provides the compilation code numbers with respect to the
particular file.
No. Subject Compilation code
No.
1. Circulars ILM/Cir./
2. Government Notifications ILM/GN. /
3. Government Resolution ILM/GR. /
4. Confidential Correspondence ILM/CONF./
5. Correspondence with Government
Department ILM/GOVT./
6. Correspondence with Railway/Post ILM/RLY./
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7. Correspondence with Industrial
Establishment ILM/IE. /
8. Correspondence with Petroleum Dealer ILM/PTL
9. Monthly Report ILM/MR. /
10. Correspondence regarding campaign ILM/WM/Campign
11. Correspondence regarding Travelling
Allowance ILM/Acctts./TA
12. Correspondence regarding Contingency ILM/Acctts./Cont
13. Correspondence regarding Rent ILM/Acctts./Rent
14. Service file of Inspector ILM/SI. /
15. Service file of Field Assistant ILM/FA. /
16. Service file of Peon ILM/Peon. /
17. Correspondence regarding Working
Standards ILM/Wkg.std/
18. Correspondence regarding Complaints ILM/Complaints/
19. Cases pending with Inspector ILM/Pend.Ins/
20. Cases pending with Court ILM/Pend.Court/
21. Cases departmentally Compounded ILM/Dept.Comp/
22. Cases decided in Court ILM/Court.decd/
23. High Court-Stay orders, judgments ILM/HC/
24. Correspondence with Traders ILM/Trd/
25. Correspondence regarding Money
Receipt, Verification Certificate ILM/MR.VC/
26. Correspondence regarding Repairs ILM/LR/
27. Correspondence regarding Dealers ILM/LD/
28. Correspondence regarding Manufacturers ILM/LM/
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29. Transfer/Posting/Charge reports ILM/Charge Report
30. Notes of guidance ILM/Notes/
31. Correspondence regarding dead-stock
articles ILM/DSA/
32. Correspondence regarding Stamping
Equipments ILM/Stamps/
33. Office Inspection by ACLM/DCLM/CLM ILM/OI/
34. Office Inspection by