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December 2024Q. 4(c)5 marksSyllabus 2022
(c)Examine the rationale of enacting the Essential Commodities Act, 1955.
The Essential Commodities Act, 1955 was enacted to regulate the production, supply and distribution of, and trade and commerce in, certain commodities which are declared as essential commodities and specified in the Schedule to that Act.
The Essential Commodities Act, 1955 was enacted to ensure easy availability of essential commodities to the consumers and to protect them from exploitation by unscrupulous traders.
The Act provides for regulation and control of production, distribution and pricing of commodities, which are declared as essential for maintaining or increasing supplies or for securing their equitable distribution and availability at fair prices.
The Preamble to the Act says that it is an Act to provide in the interest of the general public for the control of the production, supply and distribution of, and trade and commerce in, certain commodities. The dominant object and intendment of the Act is to secure equitable distribution and availability at fair prices of essential commodities in the interest of the general public. The interest of the general public necessarily connotes the interest of the consuming public and not the interest of the dealer.
Source: ICSI Guideline Answers, December 2024, Q. 4(c) (Syllabus 2022).
June 2025Q. 4(a)5 marksSyllabus 2022
(a)What are the objectives of the OIML Certification System under the Legal Metrology Act, 2009 ?
The objectives of the OIML Certification System are:
(a)to promote the global harmonization, uniform interpretation and implementation of legal metrological requirements for measuring instruments and/or modules;
(b)to avoid unnecessary re-testing when obtaining national type evaluations and approvals, and to support the recognition of measuring instruments and/or modules under legal metrological control, while achieving and maintaining confidence in the results in support of facilitating the global trade of individual instruments; and
(c)to establish rules and procedures for fostering mutual confidence among participating OIML Member States and Corresponding Members in the results of type evaluations that indicate conformity of measuring instruments and/or modules, under legal metrological control, to the metrological and technical requirements established in the applicable OIML Recommendation(s).
(5 Marks)
Source: ICSI Guideline Answers, June 2025, Q. 4(a) (Syllabus 2022).
June 2026Q. 4A(ii)5 marksSyllabus 2022OR, alternative to Q. 4Law changed
Law changed after this attempt: The answer describes the S.15 Legal Metrology Act powers of inspection, search and seizure only. The supplement for the December 2026 exam (supp_2026-12, Jan Vishwas (Amendment of Provisions) Act 2026) adds S.15(6), under which the Director, Controller or legal metrology officer may serve an improvement notice (S.2(ea)) stating the grounds, the non-compliance and the measures required within a reasonable period, with registration or approval suspended or revoked on non-compliance. It also adds that an inspection or search under a general or special written authorisation of the Director or Controller is deemed to be under a lawful warrant, so the answer is now incomplete. The answer below reflects the law as it stood for June 2026.
(ii)Discuss the powers of Director or Controller in respect of inspection and seizure under section 15 of the Legal Metrology Act, 2009.
Section 15 of the Legal Metrology Act, 2009 confer powers of inspection on the Director, Controller or any legal metrology officer may, if he has any reason to believe, whether from any information given to him by any person and taken down in writing or from personal knowledge or otherwise, that any weight or measure or other goods in relation to which any trade and commerce has taken place or is intended to take place and in respect of which an offence punishable under this Act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in the course of transportation.
The powers include entry at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto. The power also include seizure of any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable under the Act has been, or is likely to be, committed in the course of or in relation to, any trade and commerce.
Where any goods seized are subject to speedy or natural decay, the Director, Controller or legal metrology officer may dispose of such goods in such manner as may be prescribed. Every search or seizure made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, 1973, relating to searches and seizures.
Source: ICSI Guideline Answers, June 2026, Q. 4A(ii) (Syllabus 2022).
June 2024Q. 2(c)5 marksSyllabus 2022Law changed
Law changed after this attempt: The answer gives the S.36(1) Legal Metrology Act penalty as a fine up to 25,000 rupees, then up to 50,000, then 50,000 to 1 lakh or imprisonment up to one year, and the S.36(2) net quantity error penalty as 10,000 to 50,000 rupees, then up to 1 lakh or imprisonment. The supplement for the December 2026 exam (supp_2026-12, Jan Vishwas (Amendment of Provisions) Act 2026) says S.36(1) now requires an improvement notice for the first offence, a penalty up to 5 lakh rupees for the second and 25 lakh to 50 lakh rupees for subsequent offences (expressly covering e-commerce sales), and S.36(2) is 10,000 to 1 lakh rupees, up to 5 lakh for the second offence, and up to 50 lakh rupees or imprisonment up to one year for the third or subsequent offence. The answer below reflects the law as it stood for June 2024.
(c)Mukesh is a manufacturer of ‘Jaggry Powder’ and brings this product into the market in the pre-packaged form but the Retail price and Quantity has not been mentioned on the Packet. Is it an offence under the Legal Metrology Act, 2009 ? If yes, what are the penalties for this offence ?
Will your answer be different if Mukesh mentions the wrong quantity on pre-packaged ‘Jaggry Powder’ ?
Yes, it is an offence under the Legal Metrology Act. 2009.
Section 18(1) of the Legal Metrology Act, 2009 specifies that no person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed.
Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in such form and manner as may be prescribed.
Under Section 36 of the Legal Metrology Act, 2009, whoever manufactures, packs imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, shall be punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.
Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.
No, answer will not be different if Mukesh mentions the wrong quantity on Pre-Packaged ‘Jaggry Powder’.
Source: ICSI Guideline Answers, June 2024, Q. 2(c) (Syllabus 2022).
December 2025Q. 4(b)5 marksSyllabus 2022
(b)State the procedure for ‘Approval of model’ of weight or measure before its manufacture or import under the Legal Metrology Act, 2009. When such approval is not required ?
Section 22 of the Legal Metrology Act, 2009 provides for Approval of Model for weight or measure as follows:
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.
However, such approval of model may not be required in respect of any cast iron, brass, bullion, or carat weight or any beam scale, length measures (not being measuring tapes) which are ordinarily used in retail trade for measuring textiles or timber, capacity measures, not exceeding twenty liter in capacity, which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors.
It may be noted that the prescribed authority may, if he is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards established by or under this Act, approve such model without any test or after such test as he may deem fit.
Source: ICSI Guideline Answers, December 2025, Q. 4(b) (Syllabus 2022).