The Legal Metrology Act, 2009

(1) This Act may be called the Legal Metrology Act,2009. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different provisions of this Act.

(1) This Act may be called the Legal Metrology Act,2009. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in theOfficial Gazette, appoint and different dates may be appointed for different provisions of this Act.

In this Act, unless the context otherwise requires,-- (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 orotherwise, 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 valuableconsideration, 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 thana 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 toa place outside India; (e) "import" with its grammatical variations and cognate expressions, means bringing into Indiafrom a place outside India; (f) "label" means any written, marked, stamped, printed or graphic matter affixed to, or appearingupon any pre-packaged commodity; (g) "Legal Metrology" means that part of metrology which treats units of weighment andmeasurement, methods of weighment and measurement and weighing and measuring instruments, inrelation to the mandatory technical and legal requirements which have the object of ensuring publicguarantee 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, Deputy Controller, Assistant Director, Assistant Controller andInspector 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 byhimself or itself, as the case may be, (iii) does not manufacture any part of such weight or measure but assembles parts thereofmanufactured by others and claims the end product to be a weight or measure manufactured byhimself or itself, as the case may be, (iv) puts, or causes to be put, his own mark on any complete weight or measure made ormanufactured by any other person and claims such product to be a weight or measure made ormanufactured by himself or itself, as the case may be; (j) "notification" means a notification published in the Official Gazette; (k) "protection" means the utilisation of reading obtained from any weight or measure, for thepurpose of determining any step which is required to be taken to safeguard the well-being of anyhuman being or animal, or to protect any commodity, vegetation or thing, whether individually orcollectively; (l) "pre-packaged commodity" means a commodity which without the purchaser being present isplaced in a package of whatever nature, whether sealed or not, so that the product contained thereinhas a pre-determined quantity; (m) "person" includes,-- (i) a Hindu undivided family, (ii) every department or office, (iii) every organisation 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 (21 of 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 whocarries on the business in such premises, (ii) a warehouse, godown or other place where any weight or measure or other goods arestored or exhibited, (iii) a place where any books of account or other documents pertaining to any trade ortransaction 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 orbusiness 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 ormeasure to ensure that such weight or measure conforms to the standards established by or under thisAct; (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 inany weight, measure or other goods by one person to another for cash or for deferred payment or forany 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 instalments, but does not include a mortgageor 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 otheraccessory which is used for ensuring the integrity of any stamp; (t) "stamp" means a mark, made by impressing, casting, engraving, etching, branding, affixingpre-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 thisAct, or (ii) indicating that any mark which was previously made thereon certifying that such weightor 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 (iii) the assessment of any work done, wages due or services rendered; (v) "verification", with its grammatical variations and cognate expressions, includes, in relation toany weight or measure, the process of comparing, checking, testing or adjusting such weight ormeasure with a view to ensuring that such weight or measure conforms to the standards establishedby 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 aweighing or measuring instrument.

In this Act, unless the context otherwise requires,-- (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 orotherwise, 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 valuableconsideration, 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 thana 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 toa place outside India; (e) "import" with its grammatical variations and cognate expressions, means bringing into Indiafrom a place outside India; (f) "label" means any written, marked, stamped, printed or graphic matter affixed to, or appearingupon any pre-packaged commodity; (g) "Legal Metrology" means that part of metrology which treats units of weighment andmeasurement, methods of weighment and measurement and weighing and measuring instruments, inrelation to the mandatory technical and legal requirements which have the object of ensuring publicguarantee 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, Deputy Controller, Assistant Director, Assistant Controller andInspector 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 byhimself or itself, as the case may be, (iii) does not manufacture any part of such weight or measure but assembles parts thereofmanufactured by others and claims the end product to be a weight or measure manufactured byhimself or itself, as the case may be, (iv) puts, or causes to be put, his own mark on any complete weight or measure made ormanufactured by any other person and claims such product to be a weight or measure made ormanufactured by himself or itself, as the case may be; (j) "notification" means a notification published in the Official Gazette; (k) "protection" means the utilisation of reading obtained from any weight or measure, for thepurpose of determining any step which is required to be taken to safeguard the well-being of anyhuman being or animal, or to protect any commodity, vegetation or thing, whether individually orcollectively; (l) "pre-packaged commodity" means a commodity which without the purchaser being present isplaced in a package of whatever nature, whether sealed or not, so that the product contained thereinhas a pre-determined quantity; (m) "person" includes,-- (i) a Hindu undivided family, (ii) every department or office, (iii) every organisation 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 (21 of 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 whocarries on the business in such premises, (ii) a warehouse, godown or other place where any weight or measure or other goods arestored or exhibited, (iii) a place where any books of account or other documents pertaining to any trade ortransaction 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 orbusiness 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 ormeasure to ensure that such weight or measure conforms to the standards established by or under thisAct; (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 inany weight, measure or other goods by one person to another for cash or for deferred payment or forany 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 instalments, but does not include a mortgageor 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 otheraccessory which is used for ensuring the integrity of any stamp; (t) "stamp" means a mark, made by impressing, casting, engraving, etching, branding, affixingpre-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 thisAct, or (ii) indicating that any mark which was previously made thereon certifying that such weightor 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 (iii) the assessment of any work done, wages due or services rendered; (v) "verification", with its grammatical variations and cognate expressions, includes, in relation toany weight or measure, the process of comparing, checking, testing or adjusting such weight ormeasure with a view to ensuring that such weight or measure conforms to the standards establishedby 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 aweighing or measuring instrument.

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than thisAct or in any instrument having effect by virtue of any enactment other than this Act.