U.P. Legal Metrology (Enforcement) Rules, 2011—Enforcement of Rules—As such

U.P. Legal Metrology (Enforcement) Rules, 2011

[No. 333/LXXXIV-1-2011-23 Ba Ma-2010, As Published in U.P. Gazette Extra., Dated 1-04-2011]

In pursuance of the provisions of clause (3) of article 348 of the constitution, the Governor is pleased to order the publication of the following English translation of the notification No. 331/LXXXIV-1-2011-23 Ba Ma-2010, dated 1 April, 2011:

No. 331/LXXXIV-1-2011-23 Ba Ma-2010

Lucknow, Dated April 1, 2011

In exercise of the powers under sub-section (1) of section 53 of the Legal Metrology Act, 2009 (Act no. 1 of 2010) the Governor after consultation with the Central Government is pleased to make the following rules, the same having been previously published in the Gazette under Government notification no. 216/84-1-2011-23 Ba Ma/2010, dated February 24, 2011, as required by sub-section (4) of section 53 of the said Act.

Uttar Pradesh Legal Metrology (Enforcement) Rules, 2011

1. Short title and commencement.—(1) These rules may be called the Uttar Pradesh Legal Metrology (Enforcement) Rules, 2011.

(2) They shall extend to the Whole of Uttar Pradesh.

(3) They shall come into force with effect form the date of their publication in Gazette.

2. Definitions.—In these rules, unless the context otherwise requires—

                (a)    “Act” means the Legal Metrology Act, 2009;

               (b)    “Reference Standard Laboratory” means a laboratory set up by the Central Government under the Act, where Reference Standards, Secondary Standards and Working Standards are maintained;

                (c)    “Schedule” means a Schedule appended to these rules;

               (d)    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.

3. Reference Standards.—The reference Standards shall be kept at such place, in such manner and in such custody as may be prescribed under the Legal Metrology (National Standards) Rules, 2011.

4. Secondary Standards.—(1) Every secondary Standards shall be verified at any of the Reference Standards Laboratories, in such manner and at such periodical intervals as may be prescribed under the rules and shall, if found on such verification to conform to the Standards established by or under the Act, be stamped by the Reference Standard Laboratory or a certificate of verification will be issued by the laboratory.

(2) The Secondary Standards shall be kept at such place, and in such custody as the controller may direct.

5. Working Standards.—(1) Every Working Standards shall be verified either at any of the Reference Standards laboratories or at any of the Secondary Standards Laboratories maintained by the State Government, in such manner and at such periodical Intervals as may be prescribed under the rules and shall, if found on such verification to conform of the Standards established by or under the Act, be stamped or certificate of verification will be issued by that laboratory as the case may be.

(2) The verified Working Standards shall be kept in the custody of legal metrology officer.

6. Secondary Standards balances.—(1) A set of secondary standard balances shall be maintained at every place where the Secondary Standard Weights are kept.

(2) The number, types and specifications of such balances shall be such as may be prescribed under the Legal Metrology (General) Rules, 2011.

(3) Every Secondary Standards balance shall be verified at least once within a period of twelve months and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities prescribed under the Act, by the Reference Standards Laboratory or by the Controller or such other officer as may be authorized by the Controller in this behalf.

7. Working Standard Balances.—(1) A set of working standard balances shall be maintained at every place where Working Standards Weights are kept.

(2) The number, types and specifications of such balances shall be such as may be prescribed under the Legal Metrology (General) Rules, 2011.

(3) Every Working Standards balances shall be verified at least once within a period of twelve months and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities prescribed under the Legal Metrology (General) Rules, 2011, by the Reference Standards Laboratory or at any of the place where Secondary Standards are maintained by the State Government.

8. Physical Characteristics, configuration, constructional details of Weights and Measures.—Every Weight or Measure used or intended to be used in any transaction or for protection shall conform as regards physical characteristics, configuration, constructional details, materials, performance, tolerances and such other details, to the specifications prescribed under the Act or the Legal Metrology (General) Rules, 2011.

9. Use of Bullion Weights, Carat Weights etc.—(1) No Weights other than a Bullion Weight, as specified in Legal Metrology (General) Rules, 2011, shall be used in any transaction or protection in bullion including precious metals, pearls, ornaments or other articles made of gold or silver.

(2) No weight other than a carat weight shall be used in any transaction in precious stones,

(3) Only beam scale of class A or class B category or a non automatic weighing instrument of high accuracy class (class II) or special accuracy class (class-I) shall be used in any transaction or protection referred to in sub-rules (1) and (2).

10. Use of weights only or measures only or number in certain cases.—Except in the cases of commodities specified in Scheduled I, the declaration of quantity in every transaction, dealing or contract, or for protection shall be in the terms of the unit of—

            (a)    Weight, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid;

           (b)    Length, if the commodity is sold by linear measure;

            (c)    Area, if the commodity is sold by area measure;

           (d)    Volume, if the commodity is liquid or is sold by cubic measure; or

            (e)    Number, if the commodity is sold by number.

11. Licensing of Manufacturer, repairer and dealer of Weights and Measures.—
(1) Every manufacturer or repairer of, or declare in, weight or measure shall make an application for the issue of a license to the Controller legal metrology or such other officer as may be authorized by him in his behalf, in the appropriate Form set out in Scheduled II-A :

Provided that no license to repair shall be required by a manufacturer to repair weight or measure manufactured by him and used in a State other than the State of manufacture of the same, but the manufacturer has to inform in advance the concerned legal metrology officer about the repairing :

Provided that a person who bona fide repairs any weight or measure owned or possessed by him shall not require a repairer license.

Provided that if the trader or his agent or the other person (who has committed the offence) refuses to sign the Form, the Legal Metrology Officer shall obtain the signature of not less than two persons present at the time of such refusal by the trader or his agent or other person. In the case of goods returned to the traders, the trader shall give an undertaking that he shall not sell the defective goods without rectifying the defects thereon.

(4) Where the goods seized under sub-section (1) of section 15 of the Act are contained in a package and the package is false or does not conform to the Provisions of the Act, or any rules made thereunder, and the goods in such package are subject to speedy or natural decay, the Legal Metrology Officer as far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (3):

Provided that the Controller shall be the final authority to decide whether the goods seized and detained are subject to speedy or natural decay.

(5) Where the goods seized under sub-section (1) of section 15 of the Act are not subject to speedy or natural decay, the Legal Metrology Officer may retain the package for the purpose of prosecution under this Act after giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure.

(6) The goods referred under sub-rules (4) and (5) which are not to be the subject of proceedings in a court, shall after the expiry of sixty days of its seizure, be so dealt with as the Controller may be special order direct.

12. Validity of weights or measures duly stamped.—(1) A weight or measure which is, or is deemed to be, duly verified and stamped under this rule shall be deemed to conform to the standards established by or under the Act at every place within the State in which it is stamped unless it is found on inspection or verification that such weight or measure has ceased to conform to the standards established by or under the Act.

(2) No weight or measure which is, or is deemed to be, duly verified and stamped under this Act shall require to be re-stamped merely by reason of the fact that it is being used at any place within the state other than the place at which it was originally verified and stamped:

Provided that where a verified weight or measurer, installed at one place is dismantled and re-installed at a different place, such weight or measure shall not be put into use unless it has been duly re-verified and stamped, notwithstanding that periodical re-verification or such weight or measure has not become due.

(3) Where a verified weight or measure has been repaired, whether by a licensed repairer or by the person owning and possessing the same, such weight or measure shall not be put into use unless it has been duly re-verified and stamped, notwithstanding that periodical
re-verification of such weight or measure has not become due.

13. Qualifications of Legal Metrology Officer.—The qualifications of the Legal Metrology Officer shall be as specified in Legal Metrology (General) Rules, 2011.

14. Provision of supply of Working/Secondary Standards Equipment, etc. to the Legal Metrology Officer.—(1) Every Legal Metrology Officer shall be provided with Working/Secondary Standard weights, Working/Secondary Standard balances, and such other equipments including weighing and measuring devices as may be approved by the Controller from time to time.

(2) Legal Metrology Officer shall be provided with such dies, punches, paper seal/sticker and such other equipments as may be necessary for affixing the verification stamp, the design and number of which are to be approved the Controller.

(3) Every Legal Metrology Officer shall be provided with punches of suitable sizes of eight-pointed star as shown below for obliterating stamps.

15. Provisions relating to use of weight, measure, etc.—(1) Every person using a beam scale in any transactions in his premises shall suspend the same to a stand or to a chain by a hook:

Provided that this sub-rule shall not apply to itinerant vendors.

(2) Every weight or measure shall be used in a clean condition and in proper lighting arrangement.

(3) Any weight or measure which has been verified and stamped in situ, shall not be dismantled and removed from it original site without prior intimation to the concerned Legal Metrology Officer.

(4) To ensure a proper check of the accuracy of a weighing instrument the user shall keep at the site of each weighing instrument duly verified and stamped weights equal to one-tenth of the capacity of the instrument, or One tonn, whichever is less, and consumer can check the accuracy of the weighing instrument:

Provided that the Controller may specify the total number of verified and stamped weights to be maintained in trade premises where the number of weighing instruments are more than one.

(5) To ensure proper delivery from petrol/diesel pumps, the retail dealer of the Pump shall keep a verified 5 litre/10 litre capacity measure in his premises and check the output from the pump every day to ensure its correct delivery. In case of any short delivery, the dealer shall stop the delivery through the Pump immediately and inform the concerned Legal Metrology Officer to recalibrate the pump.

16. Certificate of verification to be exhibited.—The person whom a certificate of verification is issued shall exhibit the same in a conspicuous place in the premises where the weights, measurer or weighing or measuring instruments to which the certificate relates are used:

Provided that in the case of itinerant vendor, the certificate shall be kept with the person :

Provided further that in the case of vehicle tank, the certificate of verification shall be kept with the vehicle.

17. Penalty for Contravention of rules.—Whoever contraventions any provision of these rules, for the contraventions of which no punishment has been separately provided in the Act, shall be punished with fine, which may extend to five thousand rupees. Whether the rules are in conflict with provisions of the Act, the Act will prevail upon the rules.

18. Form of appeal.—(1) Every appeal under the Act and these rules shall be preferred in the Form set out in Schedule-X and shall be accompanied by a copy of the order appealed against.

(2) An application for appeal to State Government shall be accompanied by fee of Rs. 500 and for appeal to controller shall be accompanied by fee of Rs. 200 paid either by cash or by affixing court fee stamp for said value, as the case may be.

19. Fee for compounding of offences.—The fee for compounding of offences committed under the Act shall be as prescribed in the Schedule-XI.

Schedule-1

(See Rule 10)

Exceptions referred to in Rule 10

1. The following commodities may be sold by weight, measure or number as shown against the commodity.

 

TABLE

Sr. No.

Commodity

Whether declaration to be expressed in terms of weight, measure or number or two or more of them.

1

2

3

1.

Aerosol products

weight

2.

Acids in liquid form

weight or volume

3.

Compressed or liquefied

Gas (but not liquefied

Petroleum gas)

weight and equivalent volume at stated

temperature and pressure

4.

Butter (Incl. peanut butter), Cheese, curd, ghee

weight

5.

Electric cables

length or weight

6.

Electric wire

length or weight

7.

Fencing wire

length or weight

8.

Hair oil, un perfumed

weight or volume

9.

Fruits and vegetables

number or weight

10.

Furnace oil

weight or volume

11.

Linseed oil and other Vegetable oils

weight or volume

12.

Heavy residual fuel oil

weight

13.

Industrial diesel fuel

volume

14.

Honey, malt extract, golden Syrup treacle

weight

15.

Ice cream and other similar Frozen treacle

weight or volume

16.

Liquid chemicals

weight or volume

17.

Liquid petroleum gas

weight

18.

Nails, wood screws

number or weight

19.

Paint (other than paste paints or solid paint), varnish and varnish stairs, enamels

volume

20.

Papad

number and weight

21.

Paste paint, sold paint

weight

22.

Rassgulla, Gulabjamun and other Sweet preparation

weight

23.

Ready made garments

number and size

24.

Sauce, all kinds

weight

25.

Tyres and tubes

number

26.

Yarn

weight or length of yarn

Shedule-II “A”

[See rule 11 (1)]

From-LM-1

[Application Form for license as manufacturer of weights and
measures under the Legal Metrology Act, 2009]

To,

Sr. No.

To be filled by the Applicant

Comments of the inspection officer

1

2

3

1.

Name of the manufacturing concern for which license is desired.

--------------------------

2.

Complete address of the concern. Whether premises are owned/rented/taken on lease duly supported by documents.

--------------------------

3.

Date of establishment of workshop/factory.

--------------------------

4.

Name (s) and address (s) along with their father’s/husband’s name or proprietor (s) and/or partners and Managing Director(s) in the case of Limited company.

--------------------------

5.

The date and current registration number of factory/shop/establishment/municipal Trade license.

--------------------------

6.

Nature of manufacturing activities at present.

--------------------------

7.

The type of weights and measures proposed to be manufactured viz:

--------------------------

 

(i) Weights

 

 

(ii) Measures

 

 

(iii) Weighing Instruments

 

 

(iv) Measuring Instruments with details in each case.

 

8.

The number of persons employed/proposed to be employed

--------------------------

 

(i) Skilled

 

 

(ii) Semi-skilled

 

 

(iii) Unskilled

 

 

(iv) Specialist trained in the line

 

9.

The monogram or trade mark intended to be imprinted on weights and measures to be manufactured.

--------------------------

10.

Details of machinery, tools accessories, owned and used for manufacturing weights measures etc.

--------------------------

11.

Details of foundry/workshop facilities arranged, whether ownership, long term lease etc.

--------------------------

12.

Facilities of steel casting and hardness testing of vital parts etc. or other means.

--------------------------

13.

Availability of electric energy.

--------------------------

14.

Details of loan received from Government or financial institution. If so, give details.

--------------------------

15.

Name of bankers, if any.

--------------------------

16.

VAT/Sales Tax Registration Number/CST Number/ Professional Tax registration Number/IT Number.

--------------------------

17.

Have you applied previously for a manufacture’s license? If so, when and with what results?

--------------------------

18.

(a) Whether the item(s) proposed to be manufactured will be sold within the State or out side the State or both.

 

 

(b) Details of Model Approval received from Government of India;

 

 

(c) When can you produce for inspection samples of your products for which license is desired?

 

To be certified by the applicant (s)

Certified that I/We have read the Legal Metrology Act, 2009 and the Uttar Pradesh Legal Metrology (Enforcement) Rule, 2011 and agree to abide by the same and also the administrative orders and instructions issued or to be issued there under.

I/We agree to deposit the scheduled license fee with Government as soon as required to do so by the Licensing Authority.

All the information furnished above is true to the best of my/our knowledge.

 

Place :                                                                                                                  ------------------------

Date :                                                                                                             Signature and Designation

To be filled in by Departmental Officer of the State Government

Date of Receipt of application :

Serial Number of application :

Date of inspection :

Recommendation of Inspecting Officer :

 

Place :                                                                                           --------------------------

Date :                                                                           Signature and Designation of Inspecting Officer

Final orders of Licensing Authority

License granted/refused :

License Number :

Valid till :

Place :                                                                                                                  ------------------------

Date :                                                                                                             Signature and Designation

Schedule-IIA

[See rule 11(1)]

Form LR-1

[Application for license as repairers of Weights & Measures

under the Legal Metrology Act, 2009]

To,

Sr. No.

To be filled by the Applicants

Comments of the inspection officer

1

2

3

1.

Name of the concern seeking the license.

---------------------------

2.

Complete address of the workshop.

---------------------------

3.

(a) Whether premises are owned/rented/taken, on lease duly supported by documents.

---------------------------

 

(b) Date of establishment.

---------------------------

4.

Name (s) and address (s) along with their father’s/husband’s name of proprietor (s) and/or Partners and Managing Director(s) in the case of Limited company.

---------------------------

5.

Number and date of shop/establishment/current Municipal Trade License.

---------------------------

6.

Professional Tax/IT Tax registration Number etc. if any.

---------------------------

1

2

3

7.

The type of weights and measures proposed to be repaired.

---------------------------

8.

Area in which you wish to operate.

---------------------------

9.

Previous experience in the line.

---------------------------

10.

Number of skilled staff employed or proposed to be employed:

---------------------------

 

(i) Skilled

 

 

(ii) Semi-skilled

 

 

(iii) Unskilled

 

 

(iv) Employees trained in the line

 

11.

Details of machinery/tools/accessories available.

---------------------------

12.

Availability of electric energy.

---------------------------

13.

Have you sufficient stock of loan/test weights etc.? give details.

---------------------------

14.

Have you applied previously for a repairer’s license? If so, when and with what results?

---------------------------

To be certified by the applicant(s)

Certified that I/We have read the Legal Metrology Act, 2009 and the Uttar Pradesh Legal Metrology (Enforcement) Rule, 2011 and agree to abide by the same and also the administrative orders and instructions issued or to be issued there under.

I/We agree to deposit the Scheduled license fees with Government as soon as required to do so by the Licensing Authority.

All the information furnished above is true to the best of my/our knowledge.

 

Place :                                                                                                                -------------------------

Date :                                                                                                             Signature and Designation

To be filled in by Departmental Officer of the State Government

Date of Receipt of Application :

Serial Number of Application :

Date of inspection :

Recommendation of Inspecting Officer :

Place :                                                                                           --------------------------

Date :                                                                           Signature and Designation of Inspecting Officer

Final orders of Licensing Authority

Licence granted/refused :

License Number :

Valid till :

Place :                                                                                                                -------------------------

Date :                                                                                                             Signature and Designation

Schedule-II A

[See rule 11(1)]

Form LD-1

[Application Form for license as dealers in Weights & Measures

under the Legal Metrology Act, 2009]

To,

Sr. No.

To be filled by the Applicant

Comments of the inspection officer

1

2

3

1.

Name of the establishment/shop/person seeking the license.

---------------------------

2.

Complete address of the establishment etc.

---------------------------

3.

Date of establishment.

---------------------------

4.

Name (s) and address (s) of proprietors and/or partners and Managing Director (s) in the case of Limited company.

---------------------------

5.

Number and date of Registration Number of current shop/establishment/Municipal Trade License.

---------------------------

6.

Categories of weights and measures sold/proposed to be sold at present.

---------------------------

7.

Registration Number of VAT/CST/Sales Tax/ Professional Tax/Income Tax.

---------------------------

8.

Do you intend to import weights, etc. from places outside the State/Country? If so indicate sources of supply. (Give details of manufacture’s trade mark/monogram and his license number) and provide.

---------------------------

 

(a) Registration of Importer of Weights and Measures, if any

 

 

(b) Appro