GOVERNMENT OF ASSAM
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Frequently Asked Questions(FAQs)
Whether are you, the only officer who will conduct inspection to my factory / establishment?
Multiple officers can conduct the inspection.
Any other officer of your department will visit later-on?
Yes, next year different officer will visit for inspection.
Is it required under law to conduct inspection?
Inspection is only mandatory for Major Accident Hazardous, Hazardous and Non Hazardous
What should I do after inspection?
You should rectify the irregularities as pointed out by the Inspector and report the compliance to concerned Inspector.
What will happen to me if something is found wrong with my factory / establishment?
Legal action as provided in the law may be initiated against you, if found something incorrect / not in compliance with the law, if such irregularities are not rectified.
Is keeping labour is an offence?
No, but one has to meet the terms provided under different labour laws towards the obligations as an employer.
What is the age of a child labour?
A child not completed 14 yrs. of age.
How can I know the category of employees based on their designation also who can make me understand the same?
As per the nature of job, the category of employees is defined. You can know it from the Inspecting Authority.
How can I display notices ?
You can display notices in the prescribed form if any of the particulars such as working hours, opening time, closing time, minimum rate of wages fixed for different categories, date and place of payment and abstract of the Act and Rules in the premises of the establishment where the employees are engaged.
What are the documents to be taken by the inspector with him while proceeding for inspection?
Specified Performa for inspection with concerned file of the unit.
How the inspector will plan before proceeding for inspection?
After the allotment of the name of the unit and inspector, he shall visit as per availability of time or date fixed by the competent authority.
What the inspector will do immediately after entering into the plant for industry?
He shall meet the representative of the unit present at the time of inspection and will brief about the purpose of the inspection. Thereafter inspection / sampling as the case may be, will be carried out in presence of the representative of the unit. In case of sampling the defined procedure will be followed.
What the inspector will do after completion of the inspection?
He will prepare the inspection report/ sampling documents and obtain the signature of representative of the unit. In case of sampling, samples so collected will be sealed as per procedure in presence of representative of the unit.
What is the time limit for submission of inspection report by the inspector after inspection is over and mode of submission of inspection report?
He shall upload the inspection report in online software within 24 hours. In case of sampling he will ensure the delivery of sealed samples in the respective laboratory of the Board within 24 hours.
What are Weights & Measures laws? What is the necessity of imposing these laws?
It ensures uniform enforcement of Standards and connected matters in Weights & Measures throughout the country. The Government has enacted:
1. The Legal Metrology Act, 2009
2. The Legal Metrology (Packaged Commodities) Rules, 2011
3. The Legal Metrology (General) Rules, 2011
4. The Legal Metrology (Approval of Models) Rules, 2011
5. The Legal Metrology (National Standards) Rules, 2011
6. The Legal Metrology (Numeration) Rules, 2011
7. The Indian Institute of Legal Metrology Rules, 2011
8. Haryana Legal Metrology Enforcement Rules, 2011.
Is there any licence to manufacture, sale or repair Weights & Measures?
Yes, the Department issues licence to the manufacturer, dealer and repairer of Weights & Measures and for dealing in weighing & measuring instruments, the licence is a must as per Act, 2008 and Haryana Legal Metrology Enforcement Rules, 2011.
How can consumer ensure that any Weights & Measures is standard or not?
Every Weights & Measures used by the dealer is stamped by the Legal Metrology Department after due verification, with a special seal indicating the identification of inspection and quarter in which it is verified. The validity of such stamped weights is two years whereas in the case of Counter/Beam/Electronic Balance/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.
Who is the competent authority to grant licence?
Controller, Legal Metrology is the competent authority to grant the licence. The applicant can submit his application for grant of licence to Department Website Haryanafood.gov.in. or HEPC website https://investharyana.in/#/
Who is a 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. Packer need to register themselves with this Department.
What is pre-packed Commodity?
Pre-packed Commodity means a Commodity, which without the purchaser being present is placed in a package of whatever nature whether sealed or opened, so that the commodity contained therein has a pre-determined value and includes those commodities which could be taken out of the package for testing or examining or inspecting the commodity.
Can a dealer charger legally more than the maximum retail price mentioned on the package?
No, overcharging is an offence for which the trader can be prosecuted.
What is calibration?
Verification and stamping of the capacity of the Vehicle Tank or its compartment or any equipment is called Calibration.
What is the validity period of verification/stamping any Weight or Measure?
| Name of the Weights | Validity Period Cast |
| Iron Weights | Two years |
| Bullion Weights | Two years |
| Counter Machine | Two years |
| Beam Scale | Two year |
| Electronic Scale | One year |
| Platform Machine | One year |
| Steel Meter | One year |
| Volume Measures | Two year |
| Peg measures | Peg measures |
For the facility to the public, the Government has created four Quarters
(a) January to March
(b) April to June
(c) July to September
(d) October to December
For example:- Any Weight or Measures got verified in January it can be re-verified up to next due (A) Quarter i.e. within January to March without any penalty.
Who is the competent Authority for grant of Licence to Packer/Manufacturer/Dealer/Repairer in W&M and Certificate of Registration as packer/manufacturer/importer of packaged commodities?
The Controller, Legal Metrology is the competent Authority to grant Licence for Manufacturer/Dealer/Repairer in Weights & Measures. Registration as Packer/Manufacturer/Importer of packaged commodities is also done by the Controller (State) or Director Legal Metrology, New Delhi (GOI).
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:-
a. Name and complete address of the Manufacturer, Packer and/or importer of the packaged commodities.
b. Net contents in terms of weights, volume or number.
c. Date of manufacture/packing/import of the commodity (month and year).
d. Maximum Retail Price (inclusive of all taxes).
e. Generic name of the commodity.
f. Customer Care Number with name, address, Telephone No. of the person/office which can be contacted in case of consumer complaints.
g. Size, if applicable.
What are the requirements while purchasing the IMPORTED Items?
The followings are the compulsory declaration required on a packet which has been imported and available for sale:
a. Name and complete address of the Manufacturer, Packer and/or importer of the packaged commodities.
b. Net contents in terms of weight, volume or number.
c. Date of manufacture/packing/import of the commodity (month and year).
d. Maximum Retail Price (inclusive of all taxes).
e. Generic name of the commodity.
f. Customer Care Number with name, address, Telephone No. of the person/office which can be contacted in case of consumer complaints.
g. Size, if applicable.
Note: For detail please see Rules 6 to 17 of the Legal Metrology (Packaged Commodities) Rules, 2011.
What are the items on which the Packaged Commodities Rules, 2011 are not applicable?
The following are the items on which the PCR, 2011 are not applicable:-
- The net weight or measure of the commodity is ten gram or ten milliliter or less, if sold by weigh or measure.
- Any package containing fast food items packed by restaurant or hotel and the like.
- It contains scheduled formulations and non-scheduled formulations covered under the Drugs (Price Control) Order, 1955, made under section 3 of the Essential Commodities Act, 1955 (10 of 1955) Agricultural farm produces in packages of above 50 kg.
Note: For detail please see Rules 26 of the Legal Metrology (Packaged Commodities) Rules, 2011.
Can a person sell or use unstamped weights or measures?
The Controller, Legal Metrology is the competent Authority to grant Licence for Manufacturer/Dealer/Repairer in Weights & Measures. Registration as Packer/Manufacturer/Importer of packaged commodities is also done by the Controller (State) or Director Legal Metrology, New Delhi (GOI).
Is the licence issued under Legal Metrology Act transferable?
No, a licence issued or renewal under this Act is not saleable or otherwise transferable.
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.
What is the penalty, if a person fails to get the weights or measures, 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 shall not be less than Rs. 2000 but may be upto Rs. 10000 and such weight or measure can be seized on inspection.
Is the license for manufacturers/repairers/dealers of any weights & measures compulsory under Legal Metrology Act?
Yes, the form and guidelines are set out in the Act.
How much shortage is allowed in domestic LPG cylinder?
as per the Legal Metrology (Packaged Commodities) Rules, 2011 a shortage of upto 150 gm is allowed in the domestic LPG cylinders withe net contents of 14.2 kg.
How can consumer assess the quantity of a product before purchase?
For pre-packed commodities, consumers should always take the package marked with net quantity not the gross quantity.
Is the word like jumbo, big, extra, extra large, allowed on packages?
Using these words to lure the consumers is an offence.
How can a consumer identify a deceptive package?
If package is so designed so as be deliberately given to the consumer and exaggerated or misleading impression as to the quantity contained therein, consumer can co-relate the size of the package with the quantity of the goods.
What should a consumer look on a pre-packed commodity?
- Maximum Retail Price (Inclusive of all taxes)
- Common or generic name of the commodity
- Net content//Quantity
- Name of the manufacturer/packer of both
- Date of Packaging
- Phone Number/Consumer Care No.
- Email ID if any
How can consumer know the dimension of certain commodities?
Rule-16: In the case of a package containing sheet like aluminium foil, facial tissues, waxed paper, toilet paper or any other type of sheet, the declaration of quantity on the package shall also include a statement as to number of usable sheets contained in the package and the dimensions of each such sheet.
How can consumer ensure legibility of the declarations?
For the information of consumer, Rule 8 Rule 9 of PCR clearly specify that all the declaration should be legible and prominent for the information of consumer and colour red should be contrast to the background.
Are all taxes included in MRP written on the package?
Definition of MRP clearly indicates that the MRP should be inclusive of all taxes which is written as Max. Retail Price (inclusive of all taxes). This includes commission of wholesaler, transportation charge, toll etc.
Should the commodities which are imported in our county bear all declarations?
It is mandatory under law that all imported packages shall bear on in-Mandatory declarations along with the Name & Address of the importer.
Is consumer helpline no. mandatory on the package commodities?
Every package shall bear the name, address, telephone number, e-mail address, if available of the person who can or the office which can be contacted, in case of consumer complaints.
Can manufacture affix the stickers?
It is not permitted to affix stickers on the package for mandatory declarations. It is offence and can be penalized.
How consumer can know the genuiness of weight and measure?
Every verified weight & measure carries the stamp of month & year along with the identification code of the officer. Moreover, for every Weight & Measure certificate is also issued by the verifying officers.
How tare weight has to be excluded from the actual Measurement?
Consumer must see zero reading before any purchase.
How can a consumer be safe from being deceived from misleading advertisement on lower MRP?
Law provides mentioning of net weight along with reduced MRP, consumer can co-relate actual gain.