Legal Metrology: Rule Making Power of State Government

The state government by its notification and after consultation with the central government may make rules to carry out the provision of the legal metrology act. In particular and without prejudice to the generality of the following power such rules may provide for all or any of the following matters:

1. The time within which under legal metrology weights or measures may be caught verified under the provision of the act for the followings:
• Every non-standard or unverified weight or measure, and
• Every package made in contravention of act, and
• Concerning any trade in commerce, and
• Seized under the act shall be liable to be forfeited by the state government.
2. However, such unverified weights or measures shall not be forfeited to the state government if a person from whom such weights or measures were seized gets at the same weights and measures stamped within such time as may be prescribed.
3. The state government may register a record to be nominated by a person or any manufacturer, repairer, or dealer of weights and measures shall maintain such record and register as levy & prescribed under the act. 
4. The firm, manner, conditions, area of jurisdiction, and fees for issuance of a licence for Sale, repair, weights and measures the controller shall issue a licence in such a form and manner and on such condition for such period of such area of jurisdiction and on payment of such fees as may be prescribed under the act.
5. Fee for verification and stamping of weights or measures by every person having any weights or measures in his possession, custody, or control in circumstances indicating the followings
• That such weights or measures are used, or
• Is indicated or likely to be used by him in any transaction, or
• For protection shall before putting such weights or measures into the use of such weights or measures verified at such place and during such hours as the controller made by the general or special order is specified in this behalf on payment of the fees as may be prescribed.
• In the manner of notifying government-approved test centers, terms and conditions, and fees to be paid by the government-approved test center shall be notified by the central government or the state government as the case may be in such a manner on such terms and conditions and payment of fee as prescribed.
• However, the government-approved test center shall appoint or engage a person having the prescribed qualification and experience and collect the fee on such terms and conditions for verification of weights and measures specified and the act. 
6. While making the rules under the act the state government may provide data breach thereof shall be punishable with a fine which may extend to rupees 5000.
7. The power to make rules under the act shall be subjected to the conditions of the rules being made after previous publications in the official gazette.
8. Every rule made under the act shall as soon as maybe alter it be late, be late before each House of escape legislation where there are two houses and where there is one House of the state legislature before that house.

Penalty for contravention by government-approved test center

Where any government-approved test center contravenes any of the provisions of the act or the rules made thereunder or the condition of the licence shall be punished with a fine which may extend to one Lac.

Where any owner or employee of government approved test center performing duties following the provision of the act or the roofs made thereunder willfully verifies their stamps any weights or measures in contravention of the provisions of the act or the rules made thereunder he shall for every such contravention punishable with imprisonment for a term which may extend to one year or with fine which may extend to rupees 10,000 or with both. 

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