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Legal Metrology Act, 2009 Complete Act

State: Central

Year: 2009

LEGAL METROLOGY ACT, 2009 LEGAL METROLOGY ACT, 2009 1 OF 2010 An Act to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. Be it unacted by Parliament in the Sixtieth Year of the Republic of India as follows:- CHAPTER 1 : PRELIMINARY SECTION 1 : Short title, extent and commencement (1) This Act may be called the Legal Metrology Act, 2009. (2) It extends to the whole of India, (3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. SECTION 2 : Definitions In this Act, unless the context otherwise requires,- (a) "Controller" means the Controller of Legal Metrology appointed under Sec. 14; (b) "dealer", in relation to any weight or measure, means a person who, carries on, directly or otherwise, the business of buying, selling supplying or distributing any such weight or measure, whether for cash or for deferred payment or for commission,.....

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Legal Metrology Act, 2009 Chapter V

Title: Offences and Penalties

State: Central

Year: 2009

.....offence with imprisonment for a term which may extend to three years or with fine or with both. Section 28 - Penalty for making any transaction, deal or contract in contravention of the prescribed standard Whoever makes any transaction, deal or contract in contravention of the standards of weights and measures specified under section 10 shall be punished with fine which may extend to ten thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. Section 29 - Penalty for quoting or publishing, etc., of non-standard units Whoever violates section 11 shall be punished with fine which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both. Section 30 - Penalty for transactions in contravention of standard weight or measure Whoever-- (a) in selling any article or thing by weight, measure or number, delivers or causes to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted for or paid for; or (b) in.....

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Legal Metrology Act, 2009 Section 57

Title: Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985

State: Central

Year: 2009

(1) The Standards of Weights and Measures Act, 1976(60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985(54 of 1985), is hereby repealed. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897(10 of 1897), with respect to repeals, any notification, rule or order made under the Standards of Weights and Measures Act, 1976(60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985(54 of 1985), shall, if in force, at the commencement of this Act, continue to be in force and have effect as if it was made under the corresponding provision of this Act. (3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions of this Act.

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Legal Metrology Act, 2009 Chapter III

Title: Appointment and Powers of Director, Controller and Legal Metrology Officers

State: Central

Year: 2009

.....or as a part or component of any machine shall be imported unless it conforms to the standards of weight or measure established by or under this Act. Section 21 - Training in Legal Metrology (1) For imparting training in Legal Metrology and other allied branches of knowledge the "Indian Institute of Legal Metrology" (hereinafter referred to as the "Institute") established under the provisions of the Standards of Weights and Measures Act, 1976(60 of 1976), shall be deemed to have been established under the corresponding provisions of this Act. (2) The management and control of the Institute, the teaching staff and other employees, the courses and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible for admission thereto shall be such as may be prescribed. Section 22 - Approval of model Every person before manufacturing or importing any weight or measure shall seek the approval of model of such weight or measure in such manner, on payment of such fee and from such authority as may be prescribed: Provided that such approval of model may not be required in respect of any cast iron, brass, bullion, or carat weight or.....

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Legal Metrology Act, 2009 Section 13

Title: Appointment of Director, Legal Metrology Officers and Other Employees

State: Central

Year: 2009

.....metrology officer authorised to perform any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder. (7) The Central Government may, with the consent of the State Government and subject to such conditions, limitations and restrictions as it may specify in this behalf, delegate such of the powers of the Director under this Act as it may think fit to the Controller of legal metrology in the State, and such Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate such of the powers delegated to him as he may think fit to any legal metrology officer and where any such delegation of powers is made by such Controller, the person to whom such powers are delegated shall exercise those powers in the same manner and with the same effect as if they had been conferred on him directly by this Act and not by way of delegation. (8) Where any delegation of powers is made under sub-section (7), the powers so delegated shall be exercised under the general superintendence, direction and guidance of the Director.

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Essential Commodities (Amendment and Validation), Act 2009 Section 3

Title: Validation of Action Taken, Etc., Under Specified Orders Issued Undersub-section (3c) of Section 3 of the Principal Act

State: Central

Year: 2009

.....of any payment in relation to the determination of price of levy sugar under any specified order; (c) no court shall enforce any decree or order directing any payment in relation to the determination of price of levy sugar under any specified order; (d) no claim or challenge shall be made in, or entertained by any court, tribunal or other authority on the ground that the Central Government did not take into consideration any of the factors specified in sub-section (3C) of section 3 of the principal Act in the determination of price of levy sugar under any specified order. (2) In this section, "specified order" means any order relating to the determination of price of sugar issued under sub-section (3C) of section 3 of the principal Act before the 21st day of October, 2009, in relation to sugar produced in any sugar season up to and including the sugar season 2008-2009.

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Finance (No. 2) Act 2009 Chapter IV

Title: Indirect Taxes

State: Central

Year: 2009

.....this section as they apply in relation to duties leviable under that Act.". Section 96 - Validation of certain actions taken under section 8B of Act 51 of 1975 Any action taken or anything done or omitted to be done or purported to have been taken or done or omitted to be done under any rule, regulation, notification or order made or issued under the Customs Act, or any notification or order issued under such rule or regulation at any time during the period commencing on and from the 14th day of May, 1997 and ending with the day, the Finance (No. 2) Bill, 2009 receives the assent of the President shall be deemed to be, and to have always been, for all purposes, as validly and effectively taken or done or omitted to be done as if the amendment made in section 8B of the Customs Tariff Act by section 95 of Finance (No. 2) Act, 2009 had been in force at all material times and accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,-- (a) any action taken or anything done or omitted to be done, during the said period in respect of any goods, under any such rule, regulation, notification or order, shall be.....

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Finance (No. 2) Act 2009 Section 96

Title: Validation of Certain Actions Taken Under Section 8b of Act 51 of 1975

State: Central

Year: 2009

.....been, for all purposes, as validly and effectively taken or done or omitted to be done as if the amendment made in section 8B of the Customs Tariff Act by section 95 of Finance (No. 2) Act, 2009 had been in force at all material times and accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,-- (a) any action taken or anything done or omitted to be done, during the said period in respect of any goods, under any such rule, regulation, notification or order, shall be deemed to be and shall be deemed always to have been, as validly taken or done or omitted to be done as if the amendment made by the said section had been in force at all material times; (b) no suit or other proceedings shall be maintained or continued in any court, tribunal or other authority for any action taken or anything done or omitted to be done, in respect of any goods, under any such rule, regulation, notification or order, and no enforcement shall be made by any court, of any decree or order relating to such action taken or anything done or omitted to be done as if the amendment made by the said section had been in force at all material.....

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Finance (No. 2) Act 2009 Section 98

Title: Validation of Certain Actions Taken Under Section 8c of Act 51 of 1975

State: Central

Year: 2009

.....been, for all purposes, as validly and effectively taken or done or omitted to be done as if the amendment made in section 8C of the Customs Tariff Act by section 97 of the Finance (No. 2) Act, 2009 had been in force at all material times and accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,-- (a) any action taken or anything done or omitted to be done, during the said period in respect of any goods, under any such rule, regulation, notification or order, shall be deemed to be and shall be deemed always to have been, as validly taken or done or omitted to be done as if the amendment made by the said section had been in force at all material times; (b) no suit or other proceedings shall be maintained or continued in any court, tribunal or other authority for any action taken or anything done or omitted to be done, in respect of any goods, under any such rule, regulation, notification or order, and no enforcement shall be made by any court, of any decree or order relating to such action taken or anything done or omitted to be done as if the amendment made by the said section had been in force at all.....

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Finance (No. 2) Act 2009 Section 100

Title: Validation of Certain Actions Taken Under Section 9 of Act 51 of 1975

State: Central

Year: 2009

.....been, for all purposes, as validly and effectively taken or done or omitted to be done as if the amendment made in section 9 of the Customs Tariff Act by section 99 of the Finance (No. 2) Act, 2009 had been in force at all material times and accordingly, notwithstanding anything contained in any judgment, decree or order of any court, tribunal or other authority,-- (a) any action taken or anything done or omitted to be done, during the said period in respect of any goods, under any such rule, regulation, notification or order, shall be deemed to be and shall be deemed always to have been, as validly taken or done or omitted to be done as if the amendment made by the said section had been in force at all material times; (b) no suit or other proceedings shall be maintained or continued in any court, tribunal or other authority for any action taken or anything done or omitted to be done, in respect of any goods, under any such rule, regulation, notification or order, and no enforcement shall be made by any court, of any decree or order relating to such action taken or anything done or omitted to be done as if the amendment made by the said section had been in force at all.....

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