Legal Metrology ACT, 2009 AT A GLANCE

Packaged commodity Rules Statutory requirements

under Rule 6 - A
Applicability with examples
Offences by companies
Examples for general violations and effect of non
compliance
Certain exemptions
QUESTIONS AND ANSWERS
 The Legal Metrology Act, 2009 repeals and replaces the
Standards of Weights and Measures Act, 1976 and the Standards
of Weights and Measures (Enforcement) Act, 1985.
TERM: The term Standards Weight and Measures Act has been
changed to Legal Metrology Act.
The salient points
Units of weights and measures to be based on International
metric system only. (Section 5)
Commodities to be packed in specified quantities(Schedule II)
All weights and measures must follow the prescribed
specification and should be verified and also re-verified
periodically before use. i.e. Calibration/Stamping)
 The Legal Metrology (Packaged Commodities) Rules, 2011 have
been framed in pursuance of Section 32 of the Act.
The salient points
All pre-packaged commodities for retail sale must bear statutory
declarations. i.e. Rule 6- A
Items enlisted in the Second Schedule should be packed only in
quantities mentioned against the item. However, value based
packets up to Rs. 10.00 are allowed in any quantity .
Any kind of Stickers are not allowed to make a statutory
declaration.
The MRP cannot be altered once it is printed.
Registration is required for pre-packing or import of any
commodity

1.Retail package means the packages
which are intended for retail sale to
the ultimate consumer Retail package
means the packages which are
intended for retail sale to the
ultimate consumer for the purpose of
consumption of the commodity
contained therein and includes the
imported packages. It is not
necessary that package is to be
sealed
2.Declaration as per Rule 6 - A
Whole sale package means a package
containing
a. A number of retail packages, where such
first mentioned package is intended for
sale, distribution or delivery to an
intermediary and is not intended for sale
direct to the single consumer; OR
b. 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
c. Declaration - ten or more than ten retail
packages provided that retail packages are
labelled as required under rules
d. Name& address mfg, or importer, an
absence of both packer.
e. Identity of the commodity contained in
one package
f. Total no. of packages contained in such
wholesale package
 The name and address of the manufacturer, or where
the manufacturer is not packer, the name and address
of the manufacturer and packer, and for any imported
package the name and address of the importer
The common or generic name of the commodity.
The net quantity of the content. As per Rule 5 (Second
Schedule)
Month and year of manufacturer or packing or import.
Retail sale price: MRP (including all taxes)
Size/dimension of the commodity when relevant.
Name, address and telephone no. of the Consumer
complaint Cell with designation of the person. Email id
also can be given
 All apparel should bear size in terms of dimension i.e.
in CM. If written in Large or Medium or Small it is
contravention of Rules.
Once MRP inclusive of Taxes affixed it can not be
nether altered/crossed nor be replaced by another
sticker
Apparel QAUNTITY should be mentioned in
Units(U)/Numbers(N) and not in pieces.
Discounted sale price for a product has to be by
affixing a separate sticker but not disturbing other
declarations.
If product is not meant for Retail Sale the package
clearly mention Not for retail sale
 The Provision under Chapter II of PC Rules, shall not apply to

a) Packages of commodities containing quantity of more than
25kg or 25 litre excluding cement and fertilizer sold in bags
up to 50 kg; and
b) Packaged commodities meant for industrial consumers or
institutional consumers.
Explanation : for the purpose of this rule ,-
i. Institutional consumer means the institutional consumers
like Transportation, Airways, Railways, Hotels, Hospitality
or any other service institutions who buy packaged
commodities directly from the manufacturer for use by that
institution
ii. Industrial Consumer means the industrial consumer who
 Section 49. (1) Where an offence under this Act has been
committed by a company--
(a) (i) the person, if any, who has been nominated under sub-section
(2) to be in charge of, and responsible to, the company for the
conduct of the business of the company (hereinafter in this section
referred to as a person responsible); or
(ii) where no person has been nominated, every person who at the
time the offence was committed was in charge of, and was
responsible to, the company for the conduct of the business of the
company; and
(b) the company,
shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly:
Qualification for the Director and Controller may be prescribed as
has been prescribed for the Legal Metrology Officers u/s 13 & 14.
 If no nomination of Director is made under the Under Section 49.
(1) Where an offence under this Act has been committed by a company It
is generally Authority holds responsible all Directors and the Company.
Compounding fee is also taken depending upon number of Directors and
the Company. For e.g. If there are 5 directors the Fine applicable for
such an offence is Rs 5000/- it shall be worked as under
5x Rs.5000/- & Rs 5000/- for the Company i.e. Rs. 30000/-
If an offence is committed more than twice in period of three years, it
shall be criminal prosecution and triable Magistrate Court.
If any weight is kept in the store though it is not for the Consumer, it
requires stamping by the Authority annually and the certificate so obtained
should be preserved.
If any measuring tape is imported it should first approved by the Director
Legal Metrology and then only it can be imported into country.
Any imported goods must comply with declaration as mentioned in Rule 6-
A
 Governing Authority - Inspector (Legal Metrology)
Requirements
1. Registration has to be obtained - For Repacking Centre & Distribution
Centre.
2. Stamping to be made every year Calibration of weighing scales
3. Rules regarding packing viz. date of month, date of expiry, labeling
contents, rates, Name and Address of Manufacturer, Packer &
Distributor etc. are to be followed.
4. Registration to be displayed on the board.
Authority of the Inspector :
To check the Calibration and can check any packed items for the above
packing norms.
Non Compliance Penalty / fine :
Fine up to Rs. 50000/- per Nominee and for second subsequent offence
penalty and punishment up to 5 years.
The Legal Metrology Act 2009 has come into effect after its
publication in the Official Gazette on the 14th January 2010.
It replaces The Standards of Weights and Measures Act, 1976
and the Standards of Weights and Measures (Enforcement) Act,
1985. The new Act will become operative after the Rules there
under is also notified.
Appointment of Government approved Test Centers for
verification of weights and measures.
companies to nominate a person who will be held responsible
for breach of provisions of the Act
simplified definition of "Packaged Commodity
More stringent punishment for violation of provisions are
some of the new features of the Act.
 The Legal Metrology (Packaged Commodities) Rules,
2011
The Legal Metrology (General) Rules, 2011
The legal Metrology (National Standards) Rules,2011
The legal Metrology (Numeration) Rules, 2011
The Legal Metrology (Approval of Models) Rules, 2011
The Indian Institute of Legal Metrology Rules, 2011
 The MRP will be rounded to preceding rupee, if the
fraction is less than 50 paise and fraction between 50 to 95
paise will be rounded to 50 paise. Above that there will be
no rounding.
To be eligible for exemption from provisions of Chapter II
(Packages intended for retail sale), an institutional or
industrial consumer will have to make the purchase
directly from the manufacturer (not from a packer or a
dealer). This exemption will not allow re-sell of the
packages.
Packing in non-standard quantity (not following the
Second Schedule)is prohibited from 01.11.2012. The revised
Second Schedule allows more option.
 Value based packets up to Rs. 10.00 need not follow the
Second Schedule.
For packaging soaps, lotion and creams (except milk
cream), it is permissible to declare the weight or volume
qualified by the words "when packed"
Provisions relating to wholesale and retail dealers (previous
Rule 23, presently 18) will be applicable to the importer.
Any advertisement mentioning the retail sale price of the
pre-packaged commodity shall contain a declaration as to
the net quantity or number of the commodity contained in
the package.
 Importers of weights and Measures will require
Registration.
Non-standard weights can only be manufactured for export
or scientific research with permission.
Periodical interval for re-verification of weights and
measures is included under Rule 27. Earlier, this item was
included in the State Enforcement Rules. It will be two
years for all weights, capacity measures, length measures,
tape, beam scale, counter machine.
Five years for storage tanks and one year for all others.
Qualification of Legal Metrology Officers has been
prescribed under Rule 28. An LMO cannot be given posting
unless he successfully completes the basic training course
at the IILM, Ranchi.
 Act means the Legal Metrology Act 2009, (1 of 2010)
dealer in relation to any commodity in packaged
form, means a person who, or a firm or a Hindu
undivided family which, carries on directly or
otherwise, the business of buying, selling, supplying or
distributing any such commodity.
lot means:-
In the case of packages which have been stored, the
total number of such packages stored;
 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
such packages as are sold directly to the consumer, a
wholesale dealer who makes such direct sale.
Retail sale in relation to a 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.
 Retail package means the packages which are
intended for retail sale to the ultimate consumer for
the purpose of consumption of the commodity.
Retail Sale Price:
The maximum price at which the commodity in
packaged form may be sold to the consumer. The
manner of declaring MRP will be 'Maximum or Max.
retail price Rs/.......inclusive of all taxes or in the form
MRP Rs/ .
 Retail Packages
Packages intended for retail sale to the ultimate
consumer and includes imported packages
Wholesale Packages
Packages intended for sale to an intermediary and not to
a single consumer directly and which contains several
retail packages or bulk quantity for direct sale in
smaller quantities.
 Packages containing
the net weight or measure of the commodity in 10 g or
ten ml or less, if sold by weight or measure.
fast food items packed by restaurant/hotel
Scheduled and non-scheduled formulations covered
under the Drugs (Price Control) Order,1995
Agricultural farm produces in packages of above 50 kg
 . Applicability of the Chapter- The provisions of this
Chapter shall not apply to,-
(a) packages of commodities containing quantity of
more than 25 kg or 25 litre excluding cement and
fertilizer sold in bags up to 50 kg; and
(b) packaged commodities meant for industrial
consumers or institutional consumers.
 On and from the commencement of these rules, no
person shall pre-pack or cause or permit to be
prepacked any commodity for sale, distribution or
delivery unless the package in which the commodity is
pre-packed, a label is securely affixed and such
declarations as are required to be made under these
rules.
 Refrigerators
LPG Cylinder
Petrol & Diesel
Digital Weight Machine
Hall Mark (Gold / Silver)
ISI Mandatory Items
Packaged Commodities
The Balance & Weight
 DUTIES AND RESPONSIBILITIES OF INSPECTORS & FIELD STAFF
Verification/stamping of Dispensing units of Petrol Pumps,
Weighbridges, Tank Lorries, Flow Meters, Proving Tanks and all newly
manufactured weights, measures and weighing and measuring
instruments (All categories).
Inspection of petrol pumps, LPG Retail outlets and
manufacturers/packers/importers premises for net contents checking
of packaged commodities being manufactured packed, imported for
retail sale.
Issue of Licences.
Co-ordination with HQ and other agencies engaged in the field of
consumers welfare.
In addition to this any other duty as assigned by the Controller from
time to time for due discharge of his/her duty as Inspector Legal
Metrology.
 Verification/stamping of weights, measures,
weighing and measuring instruments other than those
brought to Zonal Lab.
All office correspondence and maintenance of
records.
Inspection of market places specially business
premises of retailers, wholesalers to check violation in
packaged commodities.
Conduct of raids in the market places for seizer
of false weights and measures.
Verification/stamping of electronic weighing
balances if JMA is not posted in zone.
Any other duty assigned by superior officers for
due discharge of his/her duty as Inspector legal Metrology.
 Verification/stamping of weights, measures,
weighing and measuring instruments brought to zonal lab
by the licensed repairer or by users.
Collection of verification fee and deposit with
Govt. Treasury
Inspection of commercial establishments, retailers,
and wholesalers premises for checking violation related to
weights, measures and packaged commodities.
Correspondence related to issue of licences.
To attend Courts in connection with complaints
relating to W & M.
Any other duty assigned by superiors officers for
due discharge of his/ her duty as Inspector of Legal
Metrology.
J.M.A. / (Inspector) :
Verification/Stamping of Taxi/Auto meters at Taxi Meter Unit and
verification/stamping of electronic weighing balances in their respective
allotted zone
Maintenance of Standards Laboratory - Secondary as well as Working.
Inspection of market places to check violation in weights and measures
especially electronic balances.
Any other duty assigned by superior officers for due discharge of his/her
duty as Inspector of Legal Metrology.
Manual Assistants :
To assist the inspectorate staff in their due discharge of duty.
To receive/ count and record in gate pass register, items being brought to
Zonal laboratory for verification and stamping from users or repairers as the
case may be.
To assist the inspectorate staff during inspections and carry seized items if
any.
Any other duty if assigned by superior officers for due discharge of their duty.
Serial Net quantity in weight / Minimum height in mm
Number volume

Normal case When blown , formed,

moulded, embossed or
perforated on container

1 Upto 200g/ ml 1 2

2 Above 200g/ ml and 2 4

upto 500g/ml

3 Above 500g/ m 4 6
Serial Number Net quantity in length, area Minimum height in mm
or number,
area of principal display
panel
Normal case When blown ,
formed,
molded, embossed
or
perforated on
container

1 Upto 100 cm2 1 2

2 Above 100 cm2 2 4

and upto 500
cm2
3 Above 500 cm2 4 6
and upto
2500 cm2
4 Above 2500 cm2 6 6
 Facts: The Inspector of Metrology (one of the Appellant's) had visited the Respondent's
store and seized some Sun glasses. Despite a satisfactory explanation, the Inspector
seized the sun glasses for allegedly not declaring name and address of the
manufacturer/month and year of manufacturing which is in violation of provisions of the
Act and the Rules.

Issue raised: Whether sun glasses can be considered "pre-packed commodity" under
Rule
2(l) of the Standards of Weights and Measures (Packaged Commodities) Rules, 1977.

Decision: The Supreme Court upheld the decision of the High Court and said that the
expression "pre-packed commodity" would be applicable to commodities which are
packed and the commodity packaged has a pre-determined value and that value cannot
be altered without the package sold being opened at the time of sale or the product
undergoes a modification on being opened. Also, Explanation I to Rule 2(l) of the Rules
is not attracted because the package is not opened for the purpose of testing as in the
case of electric bulbs. The sun glasses are tested by the buyer for his suitability only, and
therefore, sun glasses, whether it be a frame or glass is not a pre-packed commodity
within the definition of the expression "pre-packed" under Rule 2(l) of the Rules.
 Facts of another Civil Appeal: The Inspector of Metrology (one of the Appellant's) had
visited the Respondent's godown and seized various packages of packed commodities
such as Candy man, Minto-Fresh, Kitchens of India Badam Halwa and Ashirvaad Atta
etc. The reason given for seizure was that on the wholesale packets, the details regarding
the name and addresses of the manufacturer, cost, month, year etc. had not been
declared and also the retail sale price was not mentioned which was in violation of the
Rules.
Issue raised: Whether Candy man, Minto-Fresh, Kitchens of India Badam Halwa and
Ashirvaad Atta etc. can be considered as a wholesale package within the definition of the
expression "wholesale package" under Rule 2(x) of the Standards of Weights and
Measures (Packaged Commodities) Rules, 1977.
Decision: It was upheld by the Supreme Court that package used merely for protection
during conveyance or safety would not be pre-packed commodity for purpose of Act and
Rules. For a package to be treated as a wholesale package, the package must not be a
secondary package. Secondary outer packing for transportation or for safety of goods
being transported or delivered could not be described as a wholesale package.
Comment: Appeals have been referred to a larger bench since there is conflicting earlier
decision in Whirlpool's case.
M/s. India Photographic Co. Ltd. Vs. H.D. Shourie (1999)

Facts: The Respondent, a consumer, had complained against the Appellant since the
Appellant, who was selling films as representative of Kodak, was selling Kodak films
without price printed on it.

Issue raised: Whether any rule nor any statute mandated or cast upon the dealers an
obligation to exhibit /publish or print the price on the films rolls being imported and
sold in India by its distributor.

Decision: The Supreme Court upheld the decision of the National Consumers Disputes
Redressal Commission and said that accepting the plea of the dealer would frustrate the
provisions and object of the Consumer Protection Act and thereby, encourage the
retailers or distributors of foreign made goods to charge prices according to their
convenience without letting the consumer know the actual price of the commodity.
Accordingly, it held that dealers are also obliged to display the price. It also held that
neither manufacturer nor distributor nor retailer could escape the liability of complying
with provisions of Rule 6, i.e. making of mandatory declarations on a package.
ITC Ltd. Vs. State Nct of Delhi and Ors. (2008)

Facts: An inspection had been carried out at a distributor's store which was
selling Petitioner's products and a complaint had been filed against the
Petitioner, since he was the manufacturer, for not printing the price of the
cigarettes on the packet.

Issue raised: Whether a wholesale package was required to display the

maximum retail price (MRP)

Decision: It was held by the Delhi High Court that wholesale package need
not contain the information that is required to be contained on a retail
package. Packages covered by Rule 29, which provides for mandatory
declarations on wholesale packages, would be outside the purview of retail sale
as retail prices are not required to be mentioned on such packages.