The Maharashtra Legal Metrology (Enforcement) Rules, 2011

1. Short title and commencement.

(1) These rules may be called the Maharashtra Legal Metrology (Enforcement) Rules, 2011.

(2) They shall come into force on 1st April 2011.

2. Definitions.--In these rules, unless the context othervise requires....

(a) "Act" means the Legal Metrology Act, 2009 (1 of 2010); (b) "Form” means form specified in the Schedules hereto;

(c) "Reference Standards Laboratory" means a laboratory set up by the Central Government under the Act where Reference Standards, Secondary Standards and Working Standards are maintained;

(d) "repair" means any adjustment, cleaning, lubrication or painting to any weight or measure or rendering any other service or replacement of any parts to such a weight or measure to ensure that such a weight or measure conforms to the standards established by or under the Act, with or without disturbing sealing of the system;

(e) "Schedule" means a Schedule appended to these rules;

(7) "un-verified weight or measure" means a weight or measure which, being required to be verified, stamped and sealed under the Act, has not been so verified, stamped and sealed;.

(8) Words and expressions used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act.

3. Physical characteristics, configuration, constructional details of Weights and Measures.

Every Weight or measure used or intended to be used in any transaction or for protection shall conform as regards physical characteristic, configuration, constructional details, materials, performance, tolerances and such other details, to the specifications prescribed by Legal Metrology (General) Rules, 2011,

4. Use of bullion weights, carat weights etc.-

(1) No weight other than a bullion weight as specified in Legal Metrology (General) Rules, 2011, shall be used in any transaction or protection in bullion including precious metals, pearls, ornaments or other articles made of gold, silver or platinum.

(2) No weight other than a carat weight shall be used in any transaction or protection in precious stones.

(3) Only beam scale of class Aor class B category or a non-automatic weighing instrument of special accuracy class (class I) or high accuracy class (class II) shall be used in any transaction or protection referred to in sub-rules (1) and (2).

(4) Controllers may by notification issue instructions or directions or orders for use of a specific type of weight or measure in any trade.

5. Use of weights only or measures only or number only in certain cases

Except in the cases of commodities specified in Schedule I, the declaration of quantity in every transaction, dealing or contract, or for protection shall be in terms of the unit of

(a) weight, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid;

(b) length, if the commodity is sold by linear measure;

(d) volume, if the commodity is liquid or is sold by cubic measure; or

(e) number, if the commodity is sold by number.

6. Licensing of manufacturer, repairer and dealer of Weights and Measuresment

(1) Every manufacturer or repairer of, or dealer in, weight or measure shall make an application for the issue of a licence to the Controller or, as the case may be, such other Legal Metrology Officer, as may be authorized by him in this behalf, in the appropriate form set out in Schedule II-A:

Provided that, no licence to repair shall be required by a manufacturer to repair weight or measure manufactured by him and used in a State other than the State of manufacture of the same, however, the manufacturer has to inform in advance the concerned Legal Metrology Officer about the repairing :

Provided also that, a person who bona fide repairs any weight or measure owned or possessed by him shall not require a repairer licence :

Provided further that, no licence shall be issued unless the applicant has passed a technical ability test as may be specified by the Controller .

(2) Every manufacturer or repairer of, or dealer in weight or measure shall make an application for the renewal of a licence thirty days before the expiry of validity of the licence to the Controller or such other officer, as may be authorized by him in this behalf, in the appropriate forin set out in Schedule II-B :

Provided that, no licence shall be renewed unless the holder of licence has done such a minimum manufacturing repairing work as may be specified by the Controller without any reasonable ground.

(3) Every licence issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule III.

(4) Every licence issued to a manufacturer, repairer, or dealer shall be valid for a minimum period of one calendar year and may be renewed further for a period of one to five calendar years, by the Controller or such other officer, as may be authorized by him in this behalf, on payment of necessary fee as specified in the Schedule IV.

(5) The fee payable for the licence referred in sub-rules (1) and (2) shall be as specified in Schedule IV:

Provided that, an additional fee per year at full the rates specified in Schedule IV shall be payable by the applicant if he is permitted by the Controller to make an application for the renewal of a licence within a period of three months from the date of expiry of the licence:

Provided also that, an additional fee per year at half the rates specified in Schedule IV shall be payable by the applicant within a period of thirty days before the date of expiry of the period of validity of the licence.

(6) The fee payable for the alteration of a licence or for the issue of a duplicate licence shall be as specified in Schedule V.

(7) Every repairer licensed under the Act and these rules shall furnish a security deposit for each licence to the State Government as specified in Schedule VI.

(8) The Controller or such other officer as may be authorized by him in this behalf shall maintain a register of licensed manufacturers, dealers and repairers in the form set out in Schedule VII.

(9) Every manufacturer or repairer or dealer licensed under the Act and these rules shall maintain such workshop or equipment or tools, etc., as may be specified by the Controller.

(10) Nothing contained in this rule shall apply to the sale by a user (who is not a maker, manufacturer, dealer or repairer) of any weight or measure:

Provided that, no sale of any weight or measure of the prescribed description shall be made except with the written permission of the Controller or the authorized Legal Metrology Officer.

(11) No person shall be given licence to manufacture or repair unless he himself or a person employed by him is a qualified person.

Explanation.---- for the purpose of this rule, "qualified person" means a person who is a graduate of a recognized University in Science (with Physics as one of the subjects), engineering or holds a recognized diploma in engineering or I.T.I. in respective trade or equivalent course:

Provided that, nothing in this rule shall apply to the persons who have been holding a valid licence before the commencement of these rules.

7. Conditions of licence for Manufacturer:-(1) The person in whose favour licence is issued, shall

(a) comply with all the relevant provisions of the Act and Rules made thereunder for the time being in force;

(b) not encourage or countenance any infringement of the provisions of the Act and the Rules made thereunder for the time being in force;

(C) licence issued or renewed under the Act shall be displayed in a conspicuous place in the premises where the licencee carries on business;

(d) comply with any general or special directions that may be given by the Controller,

(e) surrender the licence in the event of closure of business and/or cancellation of licence.

(2) Every condition prescribed after the issue of this licence shall, if notified, be binding on the persons to whom the licence has been granted.

(3) The manufacturing work shall be done by qualified person, as prescribed:

Provided that; nothing in this rule shall apply to the persons who have been holding a valid licence before the commencement of these rules.

(4) Any change in the constitution of the firm or qualified persons, shall be reported within one month to the licence issuing authority,

(5) A licence issued or renewed under this Act shall neither be saleable, assignable nor transferable.

Explanation 1..-The licensee shall not be deemed to have been assigned or transmitted within the meaning of this rule in the following cases, namely :

(a) where the licensee being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the licence, if otherwise in force, only for so long as the licensee is a member of the firm ;

(b) where the licensee being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the licence, if otherwise in force, only for so long as any partner of the original firm at the time of issuance of the licence, continues to be partner of the reconstituted firm.

Explanation 2.For the purpose of explanation 1, "firm" has the same meaning under section 4 of the Indian Partnership Act, 1932 (9 of 1932).

8. Conditions of licence for Repairer.-

(1) The person in whose favour licence is issued, shall

(a) comply with all the relevant provisions of the Act and Rules made thereunder for the time being in force;

(b) not encourage or countenance any infringement of the provisions of the Act or the Rules made thereunder for the time being in force;

(c) licence issued or renewed under the Act and these rules shall be displayed in a conspicuous place in the premises where the licencee carries on business;

(d) comply with any general or special directions that may be given by the Controller;

(e) surrender the licence in the event of closure of business and/or cancellation of licence;

(i) present the weight or measure duly repaired to the Legal Metrology Officer for undertaking verification and stamping as specified in rule 3, before delivery to the user;

(ii) weight or measure which are repaired before the date on which the verification falls due, shall be presented to the Legal Metrology Officer for verification, stamping and sealing before delivery to the user.

(2) Every condition prescribed after the issue of this licence shall, if notified, be binding on the persons to whom the licence has been granted.

(3) The repairing work shall be done by qualified person as prescribed:

Provided that, nothing in this rule shall apply to the persons who have been holding a valid licence before the commencement of these rules.

(4) Any change in the constitution of the firm or qualified person, should be reported within one month to the licence issuing authority.

(5) A licence issued or renewed under this Act shall neither be saleable, assignable nor transferable.

Explanation 1. The licensee shall not be deemed to have been assigned or transmitted within the meaning of this rule in the following cases, namely:

(a) where the licensee being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the licence, if otherwise in force only for so long as the licensee is a member of the firm;

Explanation 2.-- For the purpose of explanation 1, "firm" has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932).

(6) The Controller may cause a co-ordinated programme to be undertaken, at such a place and in such a manner as he may think fit for the establishment of maximum repairing charges for a weight or measure. The repairer shall abide to the ceiling of maximum repairing charges.

9. Conditions of licence for Dealer.

(1) The person in whose favour licence is issued shall.---

(a) comply with all the relevant provisions of the Act and Rules made thereunder for the time being in force;

(b) not encourage or countenance any infringement of the provisions of the Act and the Rules made thereunder for the time being in force;

(c) licence issued or renewed under the Act and these rules shall be displayed in a conspicuous place in the premises where the licencee carries on business,

(d) comply with any general or special directions that may be given by the Controller;

(e) surrender the licence in the event of closure of business and/or cancellation of Licence;

(2) Every condition prescribed after the issue of this licence shall, if notified, be binding on the persons to whom the licence has been granted.

(3) Any change in the constitution of the firm should be reported to the licence issuing authority within one month.

(4) A licence issued or renewed under this Act shall neither be saleable, assignable nor transferable.

Explanation I.--The licensee shall not be deemed to have been assigned or transmitted within the meaning of this rule in the following cases, namely:.

(a) where the licensee being an individual enters into a partnership with any other person for carrying on the business concerned; but in any such case the firm may use the licence, if otherwise in force only for so long as the licensee is a member of the firm:

(b) where the licensee being a firm subsequently undergoes a change in its constitution; but in any such case the reconstituted firm may use the licence, if Otherwise in force, only for so long as any partner of the original firm at the time of issuance of the licence, continues to be partner of the reconstituted firm.

Explanation 2.. For the purpose of explanation 1, "firm" has the same meaning as in the Indian Partnership Act, 1932 (9 of 1932).

10. Suspension and cancellation of licence granted.-(1) The Controller or such other Legal Metrology Officer authorized by him in this behalf may, if he has any reasonable cause to believe that the holder of any licence issued, renewed or continued under the Act has made any statement in, or in relation to any application for the issue, renewal or continuance of the licence, which is incorrect or false in any material particular or the licensee has failed to comply any of the conditions of the licence or has contravened any provision of the Act or any rule or order made thereunder, suspend such licence, pending the completion of any inquiry against the holder of such licence:

Provided that, no such licence shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action:

Provided further that, where the inquiry referred to in this sub-rule is not completed within a period of three months from the date of suspension of a licence, such suspension shall, on the expiry of the period aforesaid, stand vacated,

(2) The Controller or such other Legal Metrology Officer authorized by him in this behalf may, if he is satisfied, after making such inquiry as he may think fit, that the holder of a licence has made a false or incorrect statement of the nature referred to in sub-rule (1), or the licensee has failed to comply any of the conditions of the licence or has contravened any provision of the Act or any rule or order made there under referred to in that sub-rule, cancel such licence:

Provided that, no such licence shall be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.

(3) Every person whose licence has been suspended shall, immediately after such suspension, stop functioning as such licencee and shall not resume business as such licensee until the order of such suspension has been or stands vacated.

(4) Every licensee whose licence has been suspended or cancelled shall, after such suspension or cancellation, as the case may be, surrender such licence to the authority by which such licence was issued.

(5) Every licensee whose licence has been cancelled shall, within a period of thirty days from the date of such cancellation, or within such further period, not exceeding three months from such date, as the Controller or such other Legal Metrology Officer authorized by him in this behalf may, on sufficient cause being shown, allow to dispose of the weights or measures which were in his possession, custody or control on the date of such cancellation and in the event of his failure to do so, the Controller or any other Legal Metrology Officer authorized by him, in writing, in this behalf, may seize and dispose of the same and distribute the proceeds thereof in such manner as may be prescribed.

11. Records to be maintained by manufacturers, etc. -Every manufacturer or repairer of, or dealer in weight or measure licensed under the Act and these rules shall maintain records and registers in the appropriate form set out in Schedule VIII and also submit such periodical reports or returns as may be specified.

12. Periodical interval for the verification of weights or measures. The weights or measures shall be verified or re-verified at the periodical intervals as prescribed in the Legal Metrology (General) Rules, 2011.

13. Verification and inspection of weight or measure.-(1) Every person jusing any weight or measure in any transaction or for protection shall present such weight or measure for verification or re-verification, at the office of the Legal Metrology Officer or at such other place as the Legal Metrology Officer may specify in this behalf on or before the date on which the verification falls due:

Provided that, where any weight or measure is such that it cannot, or should not be nioved from its location, the person using such weight or measure shall report to the Legal Metrology Officer at least thirty days in advance of the date on which the verification falls due.

(2) Where any weight or measure is such that it cannot, or should not be moved from its location, the Legal Metrology Officer shall take necessary steps for the verification of such weight or measure at the place of its location.

(3) For the verification of weight or measure referred to in above sub-rules the user shall provide such facilities as may be specified by the Controller. 1

(4) Every weight or measure presented for verification shall be complete inftself.

Explanation.- For the purpose of this rule complete means suitable in all respects for verification of such weight or measure.

(5) Every weight or measure shall be verified in a clean condition, and if necessary, the Legal Metrology Officer shall require the owner or user to make necessary arrangement for the purpose.

(6) A Legal Metrology Officer may visit, as frequently as possible during the period specified in rule 12. every premise within the local limits of his jurisdiction to inspect and test any weight or measure which is being or is intended or likely to be used in any transaction or for protection.

(7) The Legal Metrology Officer shall obliterate the stamp on any weight or measure, if it is found during inspection that,

(a) any weight or measure which being due for re-verification has not been submitted for such re-verification;

(b)any weight or measure which do not confirm to the Standards established by or under the Act;

(d) any weight or measure which does not admit proper adjustment by reason of its being broken, indented or otherwise defective:

Provided that, where the Legal Metrology Officer is of opinion that the defect or error in such weight or measure is not such as to require immediate obliteration of the stamp, he shall serve a notice in the form set out in Schedule-X to the user of such a weight or measure informing him of the defect or error found in the weight or measure and calling upon him to remove the defect or error within seven days as he may specify and shall

(i) if user fails to remove the defect or error within that period, obliterate the stamp, or

(ii) if the defect or error is so removed as to make the weight or measure confirm to the standards established by or under the Act, verify, stamp and seal such weight or measure.

Explanation.--The obliteration of the stamp on any weight or measure shall not take away or abridge the power of the Legal Metrology Officer to seize such weight or measure in accordance with the provisions of the Act.

14. Stamping and sealing of weight or measure.-(1) The Legal Metrology Officer shall stamp and seal every weight or measure, if after testing and verification, he is satisfied that such weight or measure confirms to the standards established by or under the Act, with a stamp of uniform design, issued by the Controller, which shall indicate the number allotted for administrative purpose to the Legal Metrology Officer by whom it is stamped and sealed:

Provided that, if by reason of the size or nature of any weight or measure it is not desirable or practicable to put a stamp thereon or seal the weight or measure, the Legal Metrology Officer shall take such action as may be directed by the Controller by a general or a special order in writing.

(2) The Legal Metrology Officer shall also mark the year and its quarter of stamping on every verified weight or measure except when the size or nature of such weight or measure makes it impracticable.

Explanation. A year shall be deemed to consist of four quarters of which first quarter shall be of the months of January, February and March which shall be marked as A; second quarter shall be of the months of April, May and June which shall be marked as B, third quarter shall be of the months of July, August and September which shall be marked as C and fourth quarter shall be of the months of October, November and December which shall be marked as D.

(3) On completion of verification, stamping and sealing, the Legal Metrology Officer shall issue a certificate of verification in the form set out in Schedule IX and in case of rejected weight or measure, a separate Certificate shall be issued in the same form and the reasons of rejections against each weight or measure shall be mentioned in the form set out in Schedule X and issued to a person who has presented such weight or measure for verification.

(4) Where a certificate of verification is lost or destroyed, the holder of the certificate shall forthwith apply to the Legal Metrology Officer who had issued the certificate, for the issue of a duplicate certificate of verification. Every such application for the issue of a duplicate certificate shall be accompanied by a fee of rupees twenty.

(5) On receipt of an application under sub-rule (4), the Legal Metrology Officer shall issue to the applicant a duplicate copy of the certificate of verification marked DUPLICATE.

15. Fee for verification.-(1) Fees payable for verification, stamping and sealing of weight or measure at the office or camp office of the Legal Metrology Officer shall be as specified in Schedule XI..

(2) 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 Legal Metrology Officer, an additional fee shall be charged at half the rate specified in the Schedule XI and the user of the weight or measure shall also pay the expenses incurred by the Legal Metrology Officer for visiting the premises including the cost of transporting and handling the Working Standard and other equipment subject to a minimum of rupees one hundred:

Provided that, no additional fee shall be charged for verification, stamping and sealing of weight or measure in case of

(i) the vehicle tanks for petroleum products and other liquids, meter for liquids other than water (fuel dispenser, liquid petroleum gas, milk dispensers), compressed natural gas dispensers, non-automatic weighing instruments like weigh bridges, automatic gravimetric filling instruments, automatic rail-weighbridge, discontinuous totalizing automatic weighing instruments, and such other weight or measure which cannot, and should not be moved from its location;

(ii) weight or measure in the premises of manufacturer or dealer of such weight or measure.

(3) If a weight or measure is presented to the Legal Metrology Officer for re verification after expiry of the validity of the stamp, an additional fee at half the rates specified in Schedule XI shall be payable for every quarter of the year or part thereof.

(4) Full fee shall be payable for re-stamping and re-sealing any weight or measure held in stock with manufacturer or dealer within the period specified, in rule 12 from the date on which it was last stamped and sealed, provided that the original stamp was not obliterated

(5) A weight or measure which on verification is found to be incorrect shall be rejected and returned to the person concerned for adjustment informing him, the reasons of rejection against each weight or measure in the form set out in Schedule X and calling upon him to remove the defects within a period not exceeding seven days. When the necessary adjustment has been carried out, such weight or measure shall be verified on payment of half the fees specified in Schedule XI, failing which full fee shall be charged and if found correct shall be stamped and sealed.

16. Collection of fees and deposit into the Treasury (1) Before commencing the work of verification, the Legal Metrology Officer shall inform the person concerned of the fees payable by him under these rules and shall receive the same in the manner as specified by the controller and issue a receipt in the forin approved by the Controller, one copy of such receipt being kept on record:

Provided that, fees payable by a department of the Central or State Government under these rules may be realized in such manner as may be directed by the Controller.

(2) The Legal Metrology Officer shall maintain a register, in the form approved by the Controller, which shall be written up from day-to-day and shall show the amount of fees and other charges collected during the day.

(3) All payment received by the Legal Metrology Officer during the week shall be paid into the Government Treasury under the appropriate "Head of Accounts on such dates or days as may be specified by the Controller from time to time, and a receipt thereof be obtained and an intimation to that effect be sent to the Controller or other officer authorized by him in this behalf.

17. Disposal of seized weights, measures, etc. (1) Any weight or measure or document or thing or goods seized and detained under section 15 of the Act, which is not to be the subject of proceedings in a court, shall after the expiry of one hundred and eighty days of its seizure, be so dealt with as the Controller may, by general or special order, direct and the material thereof shall be sold and the proceeds be credited to the Government:

Provided that, the Controller may direct that unverified weight or measure, seized under section 15, be returned to the person from whom such a weight or measure was seized if the person, gives an undertaking that the same will be verified, stamped and sealed within a period of fifteen days or such extended period from the date of such return; on payment of the requisite fee including the additional fee payable for re-verification after the expiry of the validity of the stamp.

(2) Any weight or measure or document or thing or goods seized and detained under section 15 of the Act, which is to be the subject of proceedings in a court, shall be produced by the Legal Metrology Officer before the court and shall after conclusion of the proceedings, be taken possession of by the Legal Metrology Officer and dealt with in accordance with the orders of the court:

Provided that, in the absence of the orders of the court, weight or measure or document or thing or goods shall be dealt with as the controller may be special order direct and the material thereof shall be sold and the proceeds credited to the Government.

(3) If any goods, seized under section 15 of the Act are subject to speedy or natural decay, the Controller or other Legal Metrology Officer shall have the goods weighed or measured on a verified weighing or measuring instrument available with him or nearest to the place of offence and enter the actual weight or measure of the goods in a form specified in Schedule XII and shall obtain the signature of the trader or his agent or such other person who has committed the offence. After such a weighing or measuring, the goods in question shall be returned to the trader or the purchaser, as the case may be: . Provided that, if the trader or his agent or the other person (who has committed the offence) refuses to sign the form, the Controller or other Legal Metrology Officer shall obtain the signature of not less than two persons present at the time of such refusal by the trader or his agent or other person:

Provided further that, the Controller shall be the final authority to decide whether the goods seized and detained are subject to speedy or natural decay.

(4) Where the goods seized under sub-section (1) of section 15 of the Act are contained in a package and the package is false or does not conform to the provisions of the Act or any rules made there under and the goods in such package are subject to speedy or natural decay, the Legal Metrology Officer, so far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (3).

(5) Where the goods seized under section 15 are not subject to speedy or natural decay, the Controller or other Legal Metrology Officer may retain the package for the purpose of prosecution under the Act after giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure.

18. Validity of weight or measure duly stamped and sealed.-(1) A weight or measure which is, or is deemed to be, duly verified, stamped and sealed under these Rules shall be deemed to conform to the standards established by or under the Act at every place within the State in which it is stamped and sealed unless it is found on inspection or verification that such weight or measure has ceased to conform to the standards established by or under the Act.

(2) No weight or measure which is, or is deemed to be, duly verified, stamped and sealed under these Rules shall require to be re-stamped and re-sealed merely by reason of the fact that it is being used at any place within the State other than the place at which it was originally verified, stamped and sealed:

Provided that, where a verified weight or measure, installed at one place is dismantled and re-installed at a different place, such weight or measure shall not be put into use unless it has been duly re-verified, stamped and sealed, notwithstanding that periodical re-verification of such weight or measure has not become due.

(3) Where a verified weight or measure has been repaired, whether by a licensed repairer or by the person owning and possessing the same, such weight or measure shall not be put into use unless it has been duly re-verified, stamped and sealed, notwithstanding that periodical re-verification of such weight or measure has not become due.

19. Qualifications of Legal Metrology Officer. The qualifications of Legal Metrology Officer shall be as specified in rule 28 the Legal Metrology (General) Rules, 2011.

20. Provisions of supply of Working or Secondary Standards, equipment, etc. to the Legal Metrology Officer.-(1) Every Legal Metrology Officer shall be provided with Working or Secondary Standard weights, Working or Secondary Standard balances, and such other equipments, including weighing and measuring devices, as may be approved by the Controller from time to time,

(2) Every Legal Metrology Officer shall be provided with such dies, punches, paper seal or sticker and such other equipments as may be necessary for sealing and affixing the verification stamp. The design and number of dies, punches, paper seal or sticker and such other equipments shall be such are approved by the Controller.

(3) Every Legal Metrology Officer shall be provided with punches of suitable sizes of eight-pointed star as shown below* for obliterating stamps.

21. Provisions relating to use of weight or measure, etc.-(1) Every person using a beam scale in any transactions in his premises shall suspend the same to a stand or to a chain by a hook:

Provided that, this sub-rule shall not apply to itinerant vendors.

(2) Every weight or measure shall be used in a clean condition and in proper lighting arrangement further the weighing instrument should be placed in such a way that the process of weighing should be clearly visible to the consumer.

(3) Any weight or measure, which has been verified, stamped and sealed in situ, shall not be dismantled and removed from its original site withoui prior intimation to the Controller or other person authorized by him in this behalf.

(4) To cnsure a proper check of the accuracy of a weighing instrument the user 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 thousand kilogram, whichever is less. Everyday the user shall check the weighing instrument with these weights to ensure correct weighing. In case of any error exceeds permissible limits, user shall stop the use of such weighing instrument and inform the concerned Legal Metrology Officer to re-verify the same:

Provided that, in a trade premises where more than one weighing instruments are in use, Controller may specify the required number of verified and stamped weights.

(5) To ensure proper delivery of the petrol/diesel pumps, the retail dealer of the pump shall keep a verified 5 litre or 10 litre capacity measure in his premises and check the out put 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 Legal Metrology Officer concerned to re-calibrate the pump.

(6) Consumer shall have right to check the accuracy of weight or measure with the weight or measure referred to in sub-rules (4) and (5).

22. Certificate of verification to be exhibited.--The person to whom a certificate of verification is issued shall exhibit the same in a conspicuous place in the premises where the weights, measures or weighing or measuring instruments to which the certificate relates are used:

Provided that, in the case of itinerant vendor, the certificate shall be kept with the person:

Provided further that, in the case of vehicle tank, the certificate of verification shall be kept with the vehicle.

23. Penalty for contravention of rules.Whoever contravenes any provision of these rules, for the contravention of which no punishment has been separately provided in the Act, shall be punished with fine, which may extend to five thousand rupees.

24. Form of appeal.(1) Every appeal under the Act and these rules shall be preferred in the form set-out in Schedule XIII, and shall be accompanied by a copy of the order appealed against.

(2) An application for appeal to State Government shall be accompanied by fee of Rs. 500.00 and for appeal to Controller shall be accompanied by fee of Rs. 200.00 paid either by Demand

Draft or Pay Order or by affixing court fee stamp of the said value, as the case may be.

25. Fee for compounding of offences. The maximum fee per person for compounding of offences committed under the Act shall be as specified in Schedule XIV.

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Maharashtra Legal Metrology (Enforcement) Rules, 2011

The Maharashtra Legal Metrology (Enforcement) Rules, 2011

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