(3) For the purpose of deriving the value of base, derived and other units mentioned in section 5, the Central Government shall prepare or cause to be prepared objects or equipments in such manner as may be prescribed. Any custom, usage, practice or method of whatever nature which permits a person to demand, receive or cause to be demanded or received, any quantity of article, thing or service in excess of or less than, the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing or service, shall be void. Excellent Communication; Positive Approach; analytical ability; Interpersonal Skills; 5 Days Ago. The Rules will be adopted and notified by all State Governments and UTs for enforcement with effect from the 1st April, 2011. Explanation.—For the purposes of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence. pdf Amendment to the Tamil Nadu Biological Diversity Rules, 2017 – Notification No.SRO A-18/2020 on 13-03-2020 Short title, extent and commencement. The EU’s legislation on legal metrology is one of the pillars of the single market for products. Issue Id: - 114553 Dated: 29-1-2019 By:-jithin mathew : Legal Metrology Act 2009. (1) Whoever—             (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;       (a) enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto; (3) It shall come into force on such date 1 Related CS Bare Acts Books. (Enforcement) Act, 1985 (54 of 1985) which are in force immediately before the commencement of this Act shall remain in force until the State Government, makes rules in that behalf. 2020-12-14: 55th CIML: Summary Report / Resolutions (FR) 2020-12-14: D 35:2020 and D …       (l) the management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible for admission thereto under sub-section (2) of section 21; Whoever obstructs the Director, the Controller or any legal metrology officer with intent to prevent or deter the Director or the Controller or any legal metrology officer from exercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or the Controller or any legal metrology officer in the lawful exercise of his powers or discharge of his functions as such, or whoever obstructs the entry of the Director or the Controller or any legal metrology officer into any premises for inspection and verification of any weight or measure or any document or record relating thereto or the net contents of any packaged commodity or for any other purpose shall be punished with imprisonment for a term which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years. (2) The base unit of numeration specified in section 6 shall be the standard unit of numeration. Explanation.—Where a company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this sub-section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, branch or unit.             (v) a vehicle or vessel or any other mobile device, with the help of which any transaction or business is carried on;             (i) further notice cancelling such nomination is received from the company by the Director or the concerned Controller or the authorised officer; or After transmission of the draft legislative act to the national parliaments, Having regard to the ... within the relevant parts of Directive 2002/65/EC, Directive 2005/60/EC, Directive 2007/64/EC and Directive 2009/110/EC, including all directives, regulations , and decisions based on those acts, and of any further legally binding Union act which confers tasks on the Authority. In this Act, unless the context otherwise requires,—             (ii) mass shall be the kilogram; The decisions affecting them must be taken as openly as possible. 55.       (q) “State Government”, in relation to a Union territory, means the Administrator thereof; (1) Every Director, Controller and legal metrology officer appointed immediately before the commencement of the rules made under this Act, shall be deemed to have been appointed under sub-section (1) of sections 13 and 14, notwithstanding any rule prescribing different qualifications. Attachment File: Download The file (315.78 KB) Act No. (1) The base unit of— 241. The OIML-CS replaced the OIML Basic Certificate System and the OIML MAA on 1 January 2018... More info News & Events.             (iv) counterfeits or removes or tampers with any stamp, specified by or under this Act or rules made thereunder, or Users can get information about the Act, its objectives, extent, short title and commencement. Section 36 in The Legal Metrology Act, 2009. The EU institutions and bodies make decisions and adopt legislation that affect the lives of all those living in its Member States. No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed. The Department of Legal Metrology is one of the important organs of Consumer's Protection.       (b) which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight, measure or numeration specified by or under this Act, except where he is permitted to do so under this Act, shall be punished with a fine which may extend to twenty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to three years or with fine or with both. Simplified definition of Packaged Commodity and …       (d) reference standards, secondary standards and working standards of weights and measures under sub-section (1) of section 9; The Legal Metrology Act 2009 imposes standard pack sizes for certain commodities as a consumer protection measure (see Section III. Under the Hindu Marriage Act, 1955 there are two sections for Divorce. Part I of the Study provides an in depth analysis of the legal principles applicable to listed companies in addition to the Companies Act, 2013. (2) Every weight, measure or other goods seized under section 15 but not forfeited under sub-section (1), shall be disposed of by such authority and in such manner as may be prescribed. Whoever— Commercial's A Treatise on Legal Metrology Act 2009 by S V GUPTA Edition 2019 Welcome Guest ! (3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral. The Legal Metrology Act , 2009 , enacted on January 13, 2010, which is to be notified shortly along with rules, will not only affect the trade practices related to weights and measures but will also be relevant for the central excise law. R & A Associates hereby declare that the contents of this website are true to the best of our knowledge and belief and are in conformity with Guidelines for Advertisement by Company Secretary in Practice - Guideline No.4 of 2007 issued by the ICSI. (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, Provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence. Provided that such unverified weight or measure shall not be forfeited to the State Government if the person from whom such weight or measure was seized gets the same verified and stamped within such time as may be prescribed. Every unit of weight or measure shall be in accordance with the metric system based on the international system of units. …             (ii) sells or otherwise disposes of any counterfeit seal, or Legal Metrology Act, 2009 Complete Act. (6) No suit, prosecution or other legal proceeding shall lie against the Director, the Controller and legal metrology officer authorised to perform any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. (4) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication in Official Gazette.             (iii) he makes a request in writing to the Director or the concerned Controller or the legal metrology officer under intimation to the company, to cancel the nomination, which request shall be complied with by the Director or the concerned Controller or the legal metrology officer, whichever is the earliest, continue to be the person responsible: Administration of Act 4. Buy this goUnlimited 63% Off. (1) Subject to the provisions of sub-section (2), an appeal shall lie,— 2. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897), with respect to repeals, any notification, rule or order made under the Standards of Weights and Measures Act, Recent Amendments.             (iv) a dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade, December 2020. 1.             (iii) a place where any books of account or other documents pertaining to any trade or transaction are kept, 18. Be it enacted by Parliament in the Twenty-sixth Year of the Republic of India as follows :- SECTION 1. It is concerned with technical and statutory requirements to safeguard the public Interest from the point of view of security and accurancy of … (7) The Central Government may, with the consent of the State Government and subject to such conditions, limitations and restrictions as it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal metrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fit to any legal metrology officer and where any such delegation of powers is made by such Controller, the person to whom such powers are delegated shall exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation. THE CUSTOMS TARIFF ACT, 1975 [ACT NO.             (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       (a) “company” means any body corporate and includes a firm or other association of individuals; and Allowing the companies to nominate a person who will be held responsible for breach of provisions of the Act. 1B, Cardinal Gracias Road, Chakala, Andheri (E), Mumbai - 400 099. Company Secretary. (4) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.       (i) “manufacturer” in relation to any weight or measure, means a person who— (2) The rules made by a State Government under the Standards of Weights and Measures (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), is hereby repealed.       (a) from every decision or order under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52 by the legal metrology officer appointed under section 13, to the Director; (2) The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) of section 52. Judgment Search Results Home > Cases Phrase: legal metrology act 2009 Year: 1997 Page 1 of about 1,021 results (0.128 seconds) Oct 09 1997 (HC) K.M. as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act.       (a) does not conform to the standards of weight or measure specified by or under this Act; or Purpose. Analyst- Company Secretary. (60 of 1976), shall be deemed to have been established under the corresponding provisions of this Act. (1) No person shall, in relation to any goods, things or service,— Article 1. (3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions of this Act. Buy this Ebook 63% … Legal Metrology Act, 2009 & Legal Metrology (Packaged Commodities) Rules, 2011 (Ammended upto November 2012) Indian Small Scale Paint Association 104, Shubham Center No.             (iv) electric current shall be the ampere; Legal metrology.       (j) the standard quantities or number and the manner in which the packages shall bear the declarations and the particulars under sub-section (1) of section 18; © Copyright © 2014 R & A Associates. The new features of the Act are: Appointment of Government approved Test Centers for verification of weights and measures.             (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; The Legal Metrology Act, 2009: Long Title: An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. (1) Whoever gives any information to the Director, the Controller or any legal metrology officer, which he may require or ask for in the course of his duty, and which such person either knows or has reason to believe to be false, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to six months and also with fine. (3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as may be prescribed. folder The Legal Metrology General Act, 2009 . Article 8.       (q) the error in net quantity under sub-section (2) of section 36; In the ‘Small Business Act’ for Europe (3) ... names and proposals for harmonisation of classification and labelling of substances to the Agency since 20 January 2009, date of the entry into force of Regulation (EC) No 1272/2008. (3) In making any rule under this section, the State Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees. 25.7.2019 B.       (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 The Central Government has appointed 1st April, 2011 as the date from which the Legal Metrology Act, 2009 and all the Rules made there under, will come into effect. The Employees' State Insurance Act, 1948 was enacted by the legislature as an integrated need based on the social insurance scheme. (1) The base unit of numeration shall be the unit of the international form of Indian numerals.       (o) the manner in which, terms and conditions on which and fee on payment which the Central Government shall notify the Government approved Test Centre under sub-section (3) of section 24; The Legal Metrology Act 2009. Whoever alters or otherwise tampers, with any licence issued or renewed under this Act or rules made thereunder, otherwise than in accordance with any authorisation made by the Controller in this behalf, shall be punished with fine which may extend to twenty thousand rupees, or with imprisonment for a term which may extend to one year or with both. Mathew and ors. Delegation of functions 6. The OIML-CS replaced the OIML Basic Certificate System and the OIML MAA on 1 January 2018... More info News & Events. For repeated violations, the penalty is Rs 50,000 and/or imprisonment. Tags: The Legal Metrology Act 2009 CS Bare Acts. Appointment of market surveillance inspectors 7. Buy this Ebook 58% Off . 18.7.2009 M2. To ensure a coherent application of the measuring instruments directives, the Commission and WELMEC (European Cooperation in Legal Metrology) prepared a set of guidance. Legal metrology is the science of measurement.       (f) fee for compounding of offences under sub-section (1) of section 48. (5) The Central Government or the State Government, as the case may be, may on its own motion or otherwise, call for and examine the record of any proceeding including a proceeding in appeal in which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such orders thereon as it may think fit: The Central Government has also circulated the draft model State Enforcement Rules.       (e) express in relation to any transaction or protection, any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure or numeration. The provisions of the Indian Penal Code (45 of 1860) and section 153 of the Code of Criminal Procedure, It has an important role to play in providing the Citizen with friendly adminstration of services. Whoever fails or omits to submit model of any weight or measure for approval, shall be punished with fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act. Act No. Every person who manufactures or causes to be manufactured or sells or offers, exposes or possesses for sale, any weight or measure which,—             (i) counterfeits any seal specified by or under this Act or the rules made thereunder, or THE LEGAL METROLOGY ACT, 2009 ACT NO. — (1) This Act may be called the Customs Tariff Act, 1975. Ebook The Indian Easements Act 1882 ₹120.00 ₹45.00.       (b) used for scientific investigation or for research; By CS Santosh Pandey - On June 11, ... compliances needs to be done prior to selling Infrared thermometer in Indian Market by analysing various provisions of Legal Metrology Act, 2009 (hereafter referred as ‘LM Act’), Drugs and Cosmetic Act, 1940 (DC Law) and Medical Devices Rules, 2017 (hereinafter referred as ‘MD Rules’) and will be skimming on the surfaces of various … Ministry: Ministry of Consumer Affairs, Food and Public Distribution: … Provided further that where such person makes a request under clause (iii) the Director or the concerned Controller or the authorised officer shall not cancel such nomination with effect from a date earlier than the date on which the request is made. No weight or measure, whether singly or as a part or component of any machine shall be imported unless it conforms to the standards of weight or measure established by or under this Act. (1) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed. Yesterday when we approached, the authority … 2020-12-18: R 129:2020 published. ECHA/NR/20/37. Legal Metrology Act 2009, Other Topics. The Income Tax Department appeals to taxpayers NOT to respond to such e-mails and NOT to share information relating to their credit card, bank and other financial accounts. The Central Government has also notified the following Rules made under the Act.       (b) from every decision or order made by the Director of Legal Metrology under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52, to the Central Government or any officer specially authorised in this behalf by that Government; (2) It extends to the whole of India. (3) The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 to 47, and any rule made under sub-section (3) of section 52: Commercial Laws paper of the CS Executive Programme.       (f) “label” means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity; You have the right to know why, how and who is involved in making these decisions and laws. Decided on : Oct-09-1997.       (i) any contract, whether for sale, purchase, exchange or any other purpose, or (2) The specifications of the base units mentioned in sub-section (1), derived units and other units shall be such as may be prescribed. Corporate Restructuring, Insolvency, Liquidation & WInding-up ; CS …       (d) from every decision given or order made under sections 15 to 18, sections 23 to 25, sections 27 to 37, sections 45 to 47 or any rule made under sub-section (3) of section 53 by any legal metrology officer appointed under section 14, to the Controller; and             (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, Whoever, being required to obtain a licence under this Act or the rules made thereunder, manufactures, without being in possession of a valid licence, any weight or measure, shall be punished with fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. November 2020. Abraham. The Legal Metrology Act, 2009 Long Title: An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. 2009. Whoever renders or causes to be rendered, any service through means other than the weight or measure or numeration or in terms of any weight, measure or number other than the standard weight or measure, shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both. Income Tax Department > Tax Laws & Rules > Acts > Legal Metrology Act, 2009 Income Tax Department > All Acts > Legal Metrology Act, 2009 Choose Acts: Section Wise: Chapter Wise: Section No.       (c) the form, manner, conditions, period, area of jurisdiction and fees for issuance of licence under sub-section (2) of section 23; 2 No. Whoever, being required to obtain a licence under this Act or the rules made thereunder repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in possession of a valid licence, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. MGB. It is very important for trade and our everyday lives. Whoever, being required by or under this Act or the rules made thereunder to submit returns, maintain any record or register, or being required by the Director or the Controller or any legal metrology officer to produce before him for inspection any weight or measure or any document, register or other record relating thereto, omits or fails without any reasonable excuse, so to do, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.       (a) the specification of the base units of measures and base unit of mass under sub-section (2) of section 5;             (v) thermodynamic temperature shall be the kelvin; Allowing the companies to nominate a person who will be held responsible for breach of provisions of the Act. In a 2015 Commission public consultation, a variety of stakeholders including contracting authorities, businesses, review bodies and courts, legal practitioners and academia pointed out that the Remedies Directives have a positive effect on the public procurement process. Acts yearwise: List Of Acts Of 2010. : 1.       (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 instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods; Whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any means other than the standard weight or measure or number, shall be punished with fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both. No market can function without correct measuring and without common units of measurement. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—       (m) the manner, fee and authority for approval of models under section 22; (3) The Director and every legal metrology officer, appointed under sub-section (1), shall exercise such powers and discharge such functions in respect of such local limits as the Central Government may, by notification, specify. (4) Nothing in sub-section (1) shall apply to person who commits the same or similar offence, within a period of three years from the date on which the first offence, committed by him, was compounded. Share This . In the light of this, the study material has been published to impart thorough knowledge to the students preparing for the Company Law paper of the CS Executive Programme. ECHA has adapted its IT tools and advice to companies to take into account the Protocol on Ireland and Northern Ireland and the end of the transition period of the UK’s withdrawal from the EU. S.O.             (vi) luminous intensity shall be the candela; and Legal; Metrology; Indirect taxation; 30+ Days Ago.       (u) “transaction” means,— (7) The expenses of any publication under sub-section (5) shall be recoverable from the company as if it were a fine imposed by the court.