The Legal Metrology Act, 2009

52. Power of the Central Government to make rules. -

1.  The Central Government may, by notification, make rules for carrying out the provisions of this Act.

2.  In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

a.   the specification of the base units of measures and base unit of mass under sub-section (2) of section 5;

b.   the manner of preparation of objects and equipments under sub-section (3) of section 7;

c.   physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests under sub-section (4) of section 7;

d.   reference standards, secondary standards and working standards of weights and measures under sub-section (1) of section 9;

e.   reference standards, secondary standards and working standards shall be verified and stamped and the fee under sub-section (2) of section 9;

f.   the weight or measure or number in which any transaction, dealing, or contract in respect of any goods, class of goods or undertakings shall be made under section 10;

g.   the qualifications of the Director and legal metrology officers under sub-section (2) of section 13;

h.   the qualification of the Controller and legal metrology officers under sub-section (2) of section 14;

i.   the manner of disposal of goods under sub-section (3) of section 15;

j.   the standard quantities or number and the manner in which the packages shall bear the declarations and the particulars under sub-section (1) of section 18;

k.   the manner and registration and the fee under section 19;

l.   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 under sub-section (2) of section 21;

m.   the manner, fee and authority for approval of models under section 22;

n.   the kinds of weights or measures under sub-section (2) of section 24;

o.   the manner in which, terms and conditions on which and fee on payment which the Central Government shall notify the Government approved Test Centre under sub-section (3) of section 24;

p.   the qualifications and experience of persons appointed or engaged and the fee and terms and conditions on which Government approved Test Centre shall verify the weight or measure under sub-section (4) of section 24;

q.   the error in net quantity under sub-section (2) of section 36;

r.   fee for compounding of offence under sub-section (1) of section 48;

s.   form and manner in which notice to the Director or the Controller or any other officer authorised by him shall be given under sub-section (2) of section 49.

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3.  In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees.

4.   Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made, before each House of Parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if, before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.

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