Verification of weights and measures not needed if being used inside industries

New Delhi, Apr 17 (KNN) Industries particularly Micro and Small & Medium Enterprises (MSMEs) consistently protested about intrusion by inspectors from Metrology department of respective states who would insist on annual verification of weights and measures used inside industrial premises. They need not have.

A Press Note issued by the Legal Metrology Division of the Department of Consumer Affair had clarified as early as in 2014 that there was no need to verify weights and measures used inside factories as they were not used in ‘transactions’ and not an issue of concern to consumers.

According to the Department’s Press Note dated 6th May, 2014, “The Controllers of Legal Metrology of all states/ UTs have been, accordingly, advised to direct the enforcement officers not to insist for the verification of weights and measures used for any intermediary processes in the industries during industrial production, as these weights and measures do not affect the quantity delivered to the consumers and are not used for any transaction”.

It should have rested the matter. But inspectors continued to flout the directive because of lack of awareness among the entrepreneurs who would grudgingly put to their demands of bringing out all weights and measures used inside the factory for ‘inspection and verification’ annually.  Often the process resulted in arm twisting and rent seeking.

The confusion had arisen because of the interpretation of provisions of the Legal Metrology Act. The Section 24(1) of the Act  states that: “ Verification and stamping of weight or measure: (1) Every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or is likely to be, used by him in any transaction or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the Controller may, by general or special order, specify in this behalf, on payment of such fees as may be prescribed.”

Where the words transaction and protection are defined under Section 2(u) and Section 2(k) of the said Act as follows: “2 (u) “transaction” means, ‐ (i) any contract, whether for sale, purchase, exchange or any other purpose, or (ii) any assessment of royalty, toll, duty or other dues, or (iii) the assessment of any work done, wages due or services rendered;

2 (k) “protection” means the utilization of reading obtained from any weight or measure, for the purpose of determining any step which is required to be taken to safeguard the well‐being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively;”

In view of the aforesaid provisions in the Act the Department had concluded that “the weights and measures used for any transaction and for protection shall only be verified and stamped”.