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Discussion > Business Law > Others > weight and measurement act   Unanswered Threads Post New Topic

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There are 7 Replies to this message


gigi pramod


n/a
[ Scorecard : 57]
Posted On 27 December 2007 at 02:32 Report Abuse

what is the impact when a product is packed but the weight and measurement which ought to be printed in the carton box is not printed. is there any specific product for which weigh and measurement act does not apply? does this act apply even if the goods are not for sale.

 


Online certification courses IP, IT and Investment Law


Prakash Yedhula


Lawyer
[ Scorecard : 23423]
Posted On 27 December 2007 at 02:55 Report Abuse

FREQUENTLY ASKED QUESTIONS
1. What are W & M laws? What is the necessity of imposing these laws?
It ensure uniform enforcement of Standards and connected matters in W&Ms through out the country. The Govt. has enacted : (1) The Standards of Weights & Measures Act, 1976, (2) The Standards of Weights & Measures (Packaged Commodities) Rules, 1977, (3) The Standards of Weights & Measures (Enforcement) Act, 1985, (4) The Standards of Weights & Measures (General) Rules, 1987, and (5) The Delhi Standards of Weights & Measures (Enforcement) Rules, 1988.
2. Is there any licence to manufacture, sale or repair W&M?
Yes, the Department issues licence to the manufacturer, dealer and repairer of Weights & Measures and for dealing in weights & measuring instruments, the licence is a must.
3. How can consumer ensure that any W&M is standard or not?
Every W&M used by the dealer is stamped by the W&M Department after due verification, with a special seal indicating the identification of Inspector and quarter in which it is verified. The validity of such stamped weights is two years whereas in the case of Counter/Beam/Electronic Balances/Platform scale it is one year. Dispensing unit, weigh bridge verification certificate is issued to the user which is required to be displayed at conspicuous place by the trader/user.
4. Who is the competent authority to grant licence?
Controller, W&M is the competent authority to grant the licence. For the convenience of the public W&M Deptt. has been divided into Nine Districts. The applicant can submit his application for grant of licence to the Zonal Officer of the concerned district.
5. Who is packer ?
Any person or a firm, which pre-packs any commodity whether in any bottle, tin, wrapper or otherwise in units suitable for sale, is a Packer. Packers need to register themselves with this Department.
6. What is pre-packed commodity?
Any commodity which, is placed in a package without the purchaser being present, is of whatever nature so that the quantity of the product contained therein has a predetermined value which can’t be altered without opening of the package, is a pre-packed commodity.
7. Can a dealer charge legally more than the maximum retail price mentioned on the package?
No, overcharging is an offence for which the trader can be prosecuted.
8. What is calibration?
Verification and stamping of the capacity of the Vehicle Tank or its compartment or any equipment is called Calibration.
9. What is the validity period of any Weight or Measure?
Name of the Weights Validity Period
Cast Iron Weights Two Years
Bullion Weights Two Years
Counter Machine Two Year
Beam Scale Two Year
Electronic Scale One Year
Platform Machine One year
Steel Meter One year
Volume measures Two year
For the facility to the public the Government have created four Quarters (A) Jan. to March (B) April to June (C) July to September (D) October to December.
For example:- Any Weight or Measure got verified in January it can be re-verified up to next due (A) Quarter i.e, within January to March without any penalty.
10. Who is the competent Authority for grant of Licence to Packer/Manufacturer/ Dealer/Repairer in W & M?
The Controller, Weights & Measures is the competent Authority to grant Licence for Manufacturer/ Dealer/ Repairer in W & M. Registration as Packer/Manufacturer/Importer of packaged commodities is also done by the controller.
11. What are the precautions to be taken by a person while purchasing Pre-Packed Commodities from Whole seller/ Supplier/ Manufacturer/ Shopkeeper?
Every person who either purchase or sells any Commodity in Pre-packed shape should ensure that it bears the following declarations:-
i. Name and Address of Manufacturer/Packer/Importer.
ii. Name of item/ Commodity.
iii. Net-quantity either in Weights, Measures or length as the case may be.
iv. Month & year of Manufacture/Packing/Import.
v. Sale price of item/packet as MRP Rs ____ (inclusive of all taxes).
vi. Expiry date in case of eatable item.
Note: For detail please see Rules 6 to 21 of Weights & Measures (Packaged Commodities) Rules, 1977.
12. What are the requirements while purchasing the IMPORTED Items?
The followings are the compulsory declaration required on a packet which have been imported and available for sale:
i. Name and Address of the Importer OR packer OR Manufacturer.
ii. Name of the Commodity.
iii. Net quantity in terms of Weights & Measures.
iv.Year and month of Packing/import.
v. Maximum Retail Price MRP
Rs ..………. (Inclusive of All Taxes).
13. What are the items on which the Packaged Commodities Rules, 1977 are not applicable?
The following are the items on which the PCR, 1977 are not applicable:-
1. Any raw material for the use of Industrial purpose only.
2. Any part or material used in any Workshop, Service Station repairing
bicycle, tricycle and Motor cycle.
3. Fast food items packed by Restaurant/hotel etc.
4. Drugs/Medicines covered under Drug Control Order 1955.
5. Agriculture farm products in packet of above 50 Kg.
Note: For details please see Rule 34 of Weights & Measures (Packaged Commodities) Rules, 1977.
14. Can a person sell or use unstamped weights or measures?
No, Weights or Measure shall be sold or offered, exposed or possessed for sale or used or kept for use in any transaction or for industrial production or protection unless it has been verified & stamped that too by a licenced manufacturer/dealer of W & M.
15. Is the licence issued under Weight & Measure Act transferable?
No, A licence issued or renewal under this Act is not saleable or otherwise transferable.
16. Is it necessary to display the certificate of verification?
It is necessary to display every certificate of verification granted under the Act at a conspicuous place in premises where such weights or measure is being, or is intended or likely to be, used in any transaction or for industrial production or for protection.
17. What is the penalty, if a person fails to get the weights or measure, verified or re verified in due time?
Whoever, being required to present any weight or measure for verification or re-verification, omits or fails without any reasonable cause to do so, shall be punished with fine which may extends to five hundred rupees and such weight or measure can be seized on inspection.
18. Is the licence for manufacturers/repairers/dealers of any weights & measures compulsory under the Standards of Weights & Measures (Enforcement) Act, 1985. If so, what are the fees for the licencees & requirements of the Department.
Yes, under sec.19 of Standards of W & Ms (Enf.) Act, 1985. no person shall make, manufacturer, repair, sell any weight or measure unless he holds a valid licence.
19. Where the consumer can complain in case he finds any violation of W&M Laws?
He can complain in the Office of Controller of W&M or in the Office of concerned District.
20. What is the penalty if a person uses faulty weights or measures or gives short / less deliveries?
He shall be punished with fine which may extend to Rs. Five thousand.
21. What is the penalty if a person charges more than MRP?
He shall be punished with fine which may extend to Rs. Five thousand
22. Is it mandatory for the user of Weights & Measures that he gets them verified and stamped only through licensed Dealer / Repairer?
No, it is not mandatory. The user himself can get the Weights & Measures verified & stamped from the Inspector of concerned District
23. Can any person use for commercial purpose any non verified weights & Measures?
No, a person cannot use any unverified & unstamped Weights & Measure in any circumstances. He must use weights & Measures verified and stamped from Weights & Measures department.
24. Who is the competent authority to register any person who intends to import or export any Weights & Measures?
Every person who intend to import any Weights & Measures needs to register himself with the Deptt. as dealer in the first instance. Registration of importer is done by the Govt. of India after the recommendation of Department and valid dealer licence.
25. What are the instances where stamping and verification is not necessary under the Standards of Weights & Measures Act 1985?
The provisions of this Act, in so far as they relates to the verification and stamping of Weights & Measures, shall not apply to any Weights & Measures which is
(a) Used in any factory exclusively engaged in the manufacture of any arms, or ammunition or both, for the use of the armed forces of the union.
(b) Used for scientific investigation or for research.
(c) Manufactured exclusively for export.
26. What are the words or expression which can not be used on the pre-packed commodities?
The following words or expression of a similar nature shall not be used which create misleading or inadequate impression: ‘Jumbo’, ‘Giant’, ‘full’, ‘family’, ‘huge’, ‘extra’, ‘economy’, ‘large’, ‘colossal’, ‘king’, ‘queen’
27. Where to make application for registration as Packer or importer?
Application can be made in the Office of Controller Weights & Measures.
28. Can a packer may paste stickers on printed MRP on the plea of rate revised?
No.
29. Can a chemist may overcharge beyond MRP on plea that medicine are not covered under Weights & Measures Rules?
Yes if the drug is covered under the Drugs (Price control) order.
30. Where the complaint regarding short delivery of LPG / Petrol can be made?
In the office of controller or the concerned district office
31. What is the penalty if short weight cylinders are sold?
The fine can be imposed which may extend to Rs.3000/-
32. Where are courts of Weights & Measures Department made to protect the rights of the consumers? Can anybody lodge the complain there ?
Any person aggrieved or a recognised consumer association can file its complaint in the Court of Metropolitan Magistrate at Karkardooma, Shahdara
33. Where complaints can be made of Weights & Measures Deptt. about short Weighment? If there is necessary to disclose identity to make such complaints ?
Complaints can be made to the Controller or any district office over telephone or in writing or by email.
34. Where complaints can could be made against the officials of the department ?
In the Office of 1) Controller or 2) Director Vigilance or 3) Principal Secretary cum Commissioner Food & Supplies, K-Block, Vikas Bhawan, New Delhi-110 002.
35. What work is looked after by the Weights & Measures District Offices ?
The Weights & Measures Districts take care of the stamping and verification of Weights & Measures like Petrol Pumps, Weights, Electronic and Mechanical Weighing Machines and also keep a check on the accuracy of Weights & Measures in Delhi
36. How the stamping is done in the Weights & Measures District ?
Every Weights & Measures is checked for accuracy and after submitting the prescribed Govt fees, the Weights & Measures stamped by the special seal provided by the District and verification Certificate is issued simultaneously, the request has to be made for the stamping.
37. How the Weights & Measure District organised ?
The Weights & Measures is organised in the nine districts and the work of verification is looked after district wise. The District is looked after by the Zonal Officer along with Inspectors and Manual Assistant. The Govt. fees is deposited district wise and the verification is done in the labs in Nine districts itself and the Verification Certificates are issued from there itself.
38. What is the process of verification / stamping of Weighing and Measuring instruments used by the commercial establishment ?
The step by step process of verification / stamping of Weighing and measuring instruments used by the commercial establishments is given as under :
In case of new Weights & Measures instruments :
1. The manufacturer of the weighing and measuring instruments is responsible for getting initial stamping done in r/o the instruments manufactured by him, before they are sold in the market.
2. The manufacturer or his authorized representative brings the weighing and measuring instruments to the concerned zonal / district laboratory of W&M Department on the laboratory days.
3. These goods were counted and checked by the manual assistant at the entry of laboratory / district office and a gate pass is issued in r/o these items.
4. Then the requisite fees for the stamping / verification is deposited by the manufacturer or his authorized representative at the cash counter.
5. After the fees is deposited, the weighing & measuring instruments are tested in the laboratory for their accuracy.
6. If these instruments were found to be within their accuracy limits, they were stamped by the concerned inspector and a verification certificate is issued in r/o those instruments which passes the accuracy test. The stamp of the inspector shows the ID No. of the inspector, year of stamping and the quarter in which the instrument is stamping (i.e. A, B, C, D). Further, the verification certificate mentions about the date of verification / stamping, next due date, type & class of instrument verified and its maximum permissible error.
7. Instruments which fails the accuracy tests were rejected by the inspector concerned and the manufacturer is asked to get them rectified before they can be stamped.
8. Goods were taken out of the zonal/district laboratory only after the gate pass issued is presented by the manufacturer or his representative.
In case of old / used Weights & Measures instruments :
The procedure for verification / stamping of old instruments is the same as that of the new goods except that the old instruments were brought to the zonal / district laboratories by the owner of these instruments or they are brought by the licenced repairer of these instruments after repairing them. In case the goods are brought by the repairers, they should be duly authorized the owners to get them verified / stamped at the zonal laboratories.
In some cases, if at the request of the user of weight or measure, verification is done at any premises other than the office or camp office of the inspector, an additional fee shall be charged at full rates as specified in Schedule XII and the user of weights and measures shall also pay the expenses incurred by the inspector for visiting the premises including the cost of transporting and handling the working standard and other equipment, i.e. in case of on site verification / stamping, double fees is payable.

However, additional fees (site fees) is not payable in case of vehicle tanks, dispensing pumps, weigh-bridges, dormant platform machines and such other weight or measure which cannot, and should not be moved from its location and weights & measures stamped in the premises of a manufacturer or stockists of such weight and measures.
If a weight or measure is presented to the inspector for re-verification after expiry of the validity of the stamp, an additional fee at half the rates specified in Schedule XII shall be payable for every quarter of the year or part thereof.
Section 24 of the Standards of Weights & Measures (Enforcement) Act, 1985 and Rule 15, 16 & 17 of the Delhi Standards of Weights & Measures (Enforcement) Rules, 1988 deals with the verification / stamping of weights or measures.

39. Is this mandatory to get verification stamp on taxi meters ?
Yes, it is mandatory to get the verification stamp of this Department on the auto / taxi meters.

40. Can Taxi Meters be manipulated, how can the consumers made aware of any such possibility ?
No manipulation can be done in the auto / taxi meters, without opening / breakage of seal. The seal / stamp of this Department is affixed on the meter of the auto / taxi and is visible at the back of the meter.
Consumer can check the accuracy of the meter by verifying that the meter downing is Rs. 8/- in case of autorickshaws and Rs. 13/- in Taxis. Further, if the meter shows an increment of Rs. 0.35 per 100 meter in auto rickshaws and Rs. 0.70 per 100 meters in Taxis than the meter can be said to be not manipulated.

41. What are the penalties for breakage of seal of the dispensing units used in petrol pumps ?
As per the Section 37 of the Standards of Weights & Measures (Enforcement) Act, 1985 whoever removes or tamper with the seal / stamps of this Department, shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine.

42. How can a consumer ensure that any W & M equipment used are according to standards ?
Consumer can ensure the accuracy of the weights & measures equipment by checking the verification stamp/seal of the inspector on the equipment. The seal / stamp show the code / ID no. of the inspector, year and quarter of verification of the equipment. Also, the users of weights & measures equipment are supposed to display the verification certificate issued by this Department at the conspicuous place in their establishment.

Further, as per the Rule 22(5) and Rule 22 (6) of the Delhi Standards of Weights & Measures (Enforcement) Rules, 1988 every user of weight or measures :
(a) To ensure a proper check of the accuracy of a weighing instrument 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 tonne, which ever is less.
(b) To ensure proper delivery of the Petrol / Diesel pumps the retail dealer of the pump shall keep a verified five 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 inspector / authorized officer to recalibrate the pump.

43. What is the process to issuance of license for Manufacturer / Dealer / Repairer of equipments of weight and measures ? What is the criteria kept in mind ?
The process & the criteria of issuance of license for Manufacturer / Dealer / Repairer of weights & measures have been mentioned in the guidelines issued by this Department for the issue of licences.
(For guidelines click here).

44. What are the conditions under which a license can be cancelled ? Are there any other penalties for alteration in W & M equipments ?
License for manufacturer / dealer / repairer of the weights & measures can be cancelled if the licencee violates any of the conditions as specified in the guidelines for issue of licences or in case the licencee submits false information for obtaining licence.
Section 20 of the Standards of Weights & Measures (Enforcement) Act, 1985 and Rule 12 of the Delhi Standards of Weights and Measures (Enforcement) Rules, 1988 deals with the suspension and cancellation of licences.

45. Does this department address issues of consumer rights in relation to W & M ?
Yes.

46. What is the procedure to lodge complaint against the officials of the W & M Department and against the business establishments for violation of the provisions of W & M laws ?
Complaints against the officials of the W&M Department and against the business establishments can be lodged at the office of the Controller (W&M) by letter, telephone (Ph. 23379266), Fax (23379267) or through e-mail at cwmd@nic.in.

47. What is the process of registration of Packer / Manufacturer / Importer of Packaged Commodities ?
The registration of packer / manufacturer / importer is done by the Controller (W&M). The applications for registration were received in the zonal / district offices of this Department on the basis of the area of their jurisdiction. On the receipt of the application, it is scrutinized by the zonal officer concerned or the official deputed by him and if it is found in order as per the guidelines issued, he receives the registration fees. The zonal officer then puts up the certificate of registration to the Controller (W&M) for his approval & signature.



gigi pramod


n/a
[ Scorecard : 57]
Posted On 27 December 2007 at 03:28 Report Abuse

thank you sir


Javaneehoff


n/a
[ Scorecard : 23]
Posted On 24 January 2008 at 08:51 Report Abuse

what is the importer mention the information as required by the  w&m rules on the packaged product, but not registered with the weight and measurement department.

 

if there is any penalties for not registering

 

 


SANJAY DIXIT


Advocate
[ Scorecard : 17978]
Posted On 24 January 2008 at 12:27 Report Abuse

Great information . Thanks alot Mr Prakash.


rajendra b. popat


proprietor
[ Scorecard : 92]
Posted On 18 January 2010 at 22:28 Report Abuse

please specify to which commodity the packaged commodity rules apply.



rajendra b. popat


proprietor
[ Scorecard : 92]
Posted On 18 January 2010 at 22:32 Report Abuse

please specify whether a product supplied to service station who uses the product with some machine to dispense the same along with other services which he provides then to such product sold to service station MRP provision is applicable ? 



RAMRAVINDRAN


co-ordinate
[ Scorecard : 69]
Posted On 22 August 2011 at 17:49 Report Abuse

Friends, One of my friend is having a small industry manufacturing Fried Gram. He is selling packed commodities in 30 kg . bag. Now as per new amendment Act SW Act shall he necessary to get licence for Packed Commodities Act? The unit is in Tamil Nadu.

Kindly give your guide in this regard.

 

ramravind




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