Section 54 in The Clinical Establishments (Registration and Regulation) Act, 2010

Title: Power of State Government to make rules

Description: (1) The State Government may, by notification, make rules for carrying out in respect of matters which do not fall within the purview of section 52. (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 proforma and the fee to be paid for registration under sub-section (1) of section 14; (b) the form and details of application under sub-section (3) of section 14; (c) the particulars and information contained in certificate of provisional registration under section 15; (d) the manner of publication of all particulars of the clinical establishments proposed to be registered under sub-section (2) of section 16; (e) the fees to be paid to issue a duplicate certificate under section 19; (f) the change of ownership or management to be informed by the clinical establishment to the authority under sub-section (2) of section 20; (g) the manner in which the authority shall publish the names of the clinical establishments whose registration expired under section 21; (h) the enhanced fees to be charged for renewal after expiry of the provisional registration under section 22; (i) the form of the application and fees to be charged by the State Government under section 24; (j) the manner of submitting evidence of the clinical establishments having complied with the minimum standards under section 25; (k) the manner of displaying information of the clinical establishments having complied with the minimum standards for filing objection under section 26; (l) the expiry of period specified in section 29; (m) the form and particulars of the certificate of registration under section 30; (n) the period within which an appeal shall be preferred under clause (a) of sub-section (3) of section 32; (o) the manner of entry and search of clinical establishment under section 34; (p) the fees to be charged by the State Government for different categories of clinical establishments under section 35; (q) the manner and the period within which an appeal may be preferred to the State Council under sub-section (1) of section 36; (r) the form and the fee to be paid for an appeal under sub-section (2) of section 36; (s) the form and the manner in which the register to be maintained under sub-section (1) of section 37; (t) the manner of supply to the State Council in digital format the entry made in the register of clinical establishment under sub-section (2) of section 37; (u) the manner of holding an inquiry by the authority under sub-section (3) of sections 41 and 42; (v) the manner of filing the appeal under sub-section (7) of sections 41 and 42; (w) the manner and the time within which the information is to be furnished to the authority or the State Council or the National Council as the case may be, under section 48; (x) any other matter which is required to be or may be prescribed by the State Government.

Title: Laying of rules

Description: Every rule made by the State Government under this section shall be laid, as soon as may be after it is made, before each House of the State Legislature where it consists of two Houses, or where such Legislature consists of one House, before that House.

Title: Savings

Description: (1) The provisions of this Act shall not apply to the States in which the enactments specified in the Schedule are applicable: Provided that the States in which the enactments referred to in sub-section (1) are applicable, and such States subsequent to the commencement of this Act, adopts this Act under clause (1) of article 252 of the Constitution, the provisions of this Act shall, subsequent to such adoption, apply in that State. (2) The Central Government may, as and when consider necessary, by notification amend the Schedule.

Title: Short title, extent and commencement.

Description: (1) This Act may be called the Legal Metrology Act, 2009. (2) It extends to the whole of India. (3) It shall come into force on such date1 as the Central Government may, by notification in the Official Gazette, appoint and different dates may be appointed for different provisions of this Act. 1. 1st March, 2011, vide notification No. S.O. 1(E), dated 31st December, 2010, see Gazette of India, Extraordinary, Part II, Sec. 3(ii).

Title: Definitions

Description: In this Act, unless the context otherwise requires,-- (a) "Controller" means the Controller of Legal Metrology appointed under section 14; (b) "dealer", in relation to any weight or measure, means a person who, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes a commission agent, an importer, a manufacturer, who sells, supplies, distributes or otherwise delivers any weight or measure manufactured by him to any person other than a dealer; (c) "Director" means the Director of Legal Metrology appointed under section 13; (d) "export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India; (e) "import" with its grammatical variations and cognate expressions, means bringing into India from a place outside India; (f) "label" means any written, marked, stamped, printed or graphic matter affixed to, or appearing upon any pre-packaged commodity; (g) "Legal Metrology" means that part of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighments and measurements; (h) "legal metrology officer" means Additional Director, Additional Controller, Joint Director, Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and Inspector appointed under sections 13 and 14; (i) "manufacturer" in relation to any weight or measure, means a person who— (i) manufactures weight or measure, (ii) manufactures one or more parts, and acquires other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be, (iii) does not manufacture any part of such weight or measure but assembles parts thereof manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be, (iv) puts, or causes to be put, his own mark on any complete weight or measure made or manufactured by any other person and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be; (j) "notification" means a notification published in the Official Gazette; (k) "protection" means the utilisation 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; (l) "pre-packaged commodity" means a commodity which without the purchaser being present is placed in a package of whatever nature, whether sealed or not, so that the product contained therein has a pre-determined quantity; (m) "person" includes,-- (i) a Hindu undivided family, (ii) every department or office, (iii) every organisation established or constituted by Government, (iv) every local authority within the territory of India, (v) a company, firm and association of individuals, (vi) trust constituted under an Act, (vii) every co-operative society, constituted under an Act, (viii) every other society registered under the Societies Registration Act, 1860 (21 of 1860); (n) "premises" includes— (i) a place where any business, industry, production or transaction is carried on by a person, whether by himself or through an agent, by whatever name called, including the person who carries on the business in such premises, (ii) a warehouse, godown or other place where any weight or measure or other goods are stored or exhibited, (iii) a place where any books of account or other documents pertaining to any trade or transaction are kept, (iv) a dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade, (v) a vehicle or vessel or any other mobile device, with the help of which any transaction or business is carried on; (o) "prescribed" means prescribed by rules made under this Act; (p) "repairer'' means a person who repairs a weight or measure and includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standards established by or under this Act; (q) "State Government", in relation to a Union territory, means the Administrator thereof; (r) "sale", with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or for any other valuable consideration and includes a transfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods; (s) "seal" means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp; (t) "stamp" means a mark, made by impressing, casting, engraving, etching, branding, affixing pre-stressed paper seal or any other process in relation to, any weight or measure with a view to— (i) certifying that such weight or measure conforms to the standard specified by or under this Act, or (ii) indicating that any mark which was previously made thereon certifying that such weight or measure conforms to the standards specified by or under this Act, has been obliterated; (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; (v) "verification", with its grammatical variations and cognate expressions, includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure conforms to the standards established by or under this Act and also includes re-verification and calibration; (w) "weight or measure" means a weight or measure specified by or under this Act and includes a weighing or measuring instrument.