India, being a signatory to the Metre Convention (Convention Du Metre), is a member state of the International Organization of Legal Metrology (OIML) and International Bureau of Weight & Measures (BIPM), thus, India was under obligation to implement the suggestions on weights and measures and the changes suggested by General Conference of Weights & Measures (CGPM). In view of the revision by CGPM, Union Government enacted the Standards of Weights & Measures Act, 1976 which remain in force till late 2010, thereafter, due to technological advancements, it becomes imperative to review the enactments and remove anomalies from the existing law, accordingly, the Legal metrology Act, 2011 came in force effective from 01.04.2011.
The Act sought to achieve 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. In other words, standardization is indispensable to ensure that the consumers are not cheated by false weights and measures. On a closure look, if we dissect the entire scheme of the act, it sought to regulate two-aspect (1) trade and commerce of weights & measures (2) pre-packed commodities.
Transactions related obligations:
It is provided under the Act that any transaction, dealing or contract in respect of any goods, class of goods or undertaking shall be made by such weight, measure or number as prescribed and it also mandates that any person shall quote, make an announcement, issue or exhibit any price list, invoice, cash memo etc., or prepare or publish any advertisement, poster etc., or indicate the net quantity of pre-packaged commodity in accordance with the standard unit of weight, measure or numeration and any customs, usage etc., contrary to standard weight, measure or numeration shall be void.
Usage of Weight & Measurement:
It is commanded that every person having any weight or measure in his possession, custody or control for usage or intended to be used or likely to be used by him in any transaction[1] shall before putting such weight or measure into such usage shall get it verified at such place and during such hours as the Controller may specify. In other words, if any of the premises has weights or measurement, it is mandatory for one to get this weight or measures verified from the Controller from time to time to avoid any penal consequences.
Declaration on Packages:
The act provides that no person can manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packed commodity unless such package is in the prescribed standard quantities or number and bears thereon declarations and particulars. Any advertisement mentioning the retail sale price of a pre-packaged commodity must contain a declaration as to the net quantity or number. The declaration aspect is being controlled under the Legal Metrology (Packaged Commodities) Rules, 2011 (PC Rules).
Exemption under PC Rules:
It is provided in the PC Rules that these rules shall not apply to any package containing a commodity if the net weight or measure of the commodity is 10 gm or 10 milliliters or less, fast food items packed by restaurant or hotel, agricultural form produces in packages of above 50 kg and any thread which is sold in a coil to handloom weavers.
Registration under PC Rules:
PC Rules provides that every individual, firm, HUF, Society, Company or Corporation which pre-packs or imports any commodity for sale, distribution or delivery shall make an application along with Fee of Rs.500 to the Director or Controller for registration of his or its name and complete address within a period of 30 days from the date on which he or it commences such pre-packaging. The application shall contain, the name of the applicant, the complete address of the premises at which the pre-packing or import of one or more commodities is made and the name of the commodity or commodities pre-packed or imported by the Applicant.
It is relevant to mention here that it does not mean that every importer or manufacturer is required to get registered under the PC Rules and as per my view only those manufacturer and importer which are manufacturing or importing commodities in a pre-packaged form which is intended for sale by themselves[2], are required to get registered under the PC Rules. To elaborate it further, it is pertinent to see that the PC Rules are framed under Section 52(2) (j)[3] & (q)[4] of the Act, which provisions are with respect to the pre-packaged commodity.
Thus, as per my understanding, if any premises where pre-packaged commodities or import of pre-packaged commodities are either manufactured/packed or imported, such premises need to be registered under the PC Rules.
[1]Means any contract, whether for sale, purchase, exchange or any other purpose, or any assessment of royalty, toll, duty or other dues, or the assessment of any work done, wages due or services rendered
[2] Bharati Airtel Limited vs. State of Karnataka and Ors. (08.01.2010 – KARHC) : MANU/KA/0011/2010
[3](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 (declarations on pre-packaged commodities)
[4](q) the error in net quantity under sub-section (2) of section 36 (penalty for selling, etc., of non-standard packages)
