Frequently Asked Questions (FAQs)
1. What is Legal Metrology? What are W&M laws? Why it is necessary to impose these laws?
Metrology is the science of measurement and Legal Metrology means the part of metrology which treats units of weighment and measurement, methods of weighment and measurement of and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of weighments and measurements. Legal Metrology is a state level department of Govt. of J&K which ensures uniform enforcement of Standards and connected matters in W&Ms throughout the state. The Govt. has enacted legal metrology act and framed rules for the regulation.
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 mandatory.
3. Who is the competent Authority for grant of licence to Packer/Manufacturer/Dealer/ Repairer in W&M?
The Controller, W&Ms 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. All the legal metrology officers discharge or operate delegated powers of Controller of Legal Metrology
4. 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 by concerned officer of Legal Metrology.
5. Is the licence issued under Weight & Measure Act transferable?
No, a licence issued or renewal under this Act is not saleable or otherwise transferable.
6. 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.
7. 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.
8. What is the validity period of any Weight or Measure?
|Cast Iron Weights||Two Years|
|Bullion Weights||Two Years|
|Counter Machine||Two Years|
|Beam Scale||Two Years|
|Electronic Scale||One Year|
|Platform Machine||One Year|
|Steel Meter||One Year|
|Volume measures (dipping measure, pouring and conical measure)||Two Years|
|Peg measures||One Year|
|Storage tanks including vats||Five Years|
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.
9. 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.
10. 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
11. 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.
12. 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.
13. What are the instances where stamping and verification is not necessary under the Legal Metrology Act?
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.
14. 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.
15. 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.
16. Where to make application for registration as Packer or importer?
Application can be made in the concern District Office of Legal Metrology Department .
17. 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.
18. 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).
19. What are the items on which the Packaged Commodities Rules, are not applicable?
The following are the items on which the PCR, 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.
5. Agriculture farm products in packet of above 50 Kg.
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. What are the words or expression which cannot 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’
23. Can a packer paste stickers on printed MRP on the plea of rate revised?
24. 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.
25. Where the complaint regarding short delivery of LPG / Petrol can be made?
In the office of controller or the concerned district office
26. What is the penalty if short weight cylinders are sold?
The fine can be imposed which may extend to Rs.3000/-
27. Is this mandatory to get verification stamp on taxi meters / auto fare meters?
Yes, it is mandatory to get the verification stamp of this Department on the auto / taxi meters.
28. Can Taxi Meters / auto fare 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. 17/- in case of auto-rickshaws afterwards increments Rs. 13/- for every next Km.