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Legal Metrology Act, 2009: Judgement Analysis



The Legal metrology act, 2009 was enacted with the objectives to work out and enforce standards of weights and measures, regulate trade and commerce and weights, measures in other goods which are sold or distributed by weight, measure on number and for matters connected therewith or incidental thereto.

This act replaced the standards of weights and measures act, 1976 under standards of weights and measures (Enforcement) act, 1985. The terms ‘legal metrology’ is defined under Section 2 (g) of the act because that's a neighborhood of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in regard to the mandatory technical and legal requirements which are the thing of ensuring public guarantee from the aim of view of security and accuracy of the weighments and measurements.

The Legal Metrology Act, 2009 (1 of 2010) was implemented with effect from 1st April 2011 the preamble of the act is as follows: - 1. An act to work out and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weights, measure or number and for matters connected therewith or incidental thereto”. 2. As per section 57(1) of the Act the standards of weights and measures Act, 1976 and thus the Standards of weights and measures (Enforcement) Act, 1985, is hereby repealed.

The salient feature of the Act is as follows: (I) every unit of weight or measure shall be in accordance with the system of weights and measures based of the Systeme International d'Unites d'Unites of units. (1) rock bottom of unit of—– (i) length shall be the meter. (ii) mass shall be the kilogram. (iii) time shall be the second. (iv) current shall be the ampere. (v) thermodynamic temperature shall be the Kelvin. (vi) luminous intensity shall be the candela; and (vii) amount of substance shall be the mole. (2) The specification of the bottom units mentioned in sub-section (1), derived units and other units shall be like could also be prescribed.

In the year 1995 an intergovernmental called world organization of Legal Metrology organization (OIML), was established in Paris. Its aim was to harmonize Legal Metrology procedures on a worldwide platform, and it believed that Legal Metrology is entirely a Legal, legislative or technical procedure aimed toward public authorities as a regulatory measure. OIML has been in continuous assistance mostly to its members who belong to a developing nation in assisting them to formulate a competent legislation concerning Metrology across all facets of society.

Various sorts of offence punishable under this Act: - Use or alteration of non-standard weight or measure is an offence under this act which is subject to penalties. The Act also provides for penalties just in case an individual manufactures or sales any product of non-standard weight or measure. The act also imposes penalty on companies, the person responsible of the corporate is deemed to be guilty under the act. Overcharging the worth than the MRP is an offence under this Act that the fine mat extends to Rs. Ten thousand.

The redressal forum just in case of violation of provisions of this Act include: A consumer can file a complaint to the controller of Legal Metrology or assistant controller or within the office of inspector of Legal Metrology or in their concerned district/sub-division office. Aggrieved person also can file a complaint in consumer courts of national, state or district forum. Complaint also can be lodged against officials of the department before controller of Legal Metrology.

Conclusion

Legal Metrology deals with measurement units, its techniques and therefore the instruments used for measurement. the thing is to assure peace and supply accurate measurements which also act as a robust weapon for consumer protection. Legal Metrology may be a name by which the law regarding weights and measures is understood in universal speech. Legal Metrology plays quite important role in scientific, technological and industrial advancement of any nation. The object of forming national standards for weight and measures, along side ensuring their proper implementation carries with it the target of ensuring accuracy of measurements and measuring instruments, which can be helpful in strengthening economy .


-by Akshiti Chauhan


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