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Betting in india legal metrology

The inclusion of non-physical elements within the ambit of skill supports recognition of exhibitions of knowledge, attention and experience in the context of online gaming and merits their evaluation against the element of chance for the purpose of application of the dominant factor test to online gaming. The complication that arises for many games is when they have to be tested additionally against the Prize Competitions Act, in India and specifically check for prohibitions under each State.

Online gaming sites would be advised to put in place internal checks and balances to ensure that minors and residents of prohibiting States are not provided access to their website in order to avoid being caught on the wrong side of the law.

State of Tamil Nadu and Ors. Writ Petition Nos. You are commenting using your WordPress. You are commenting using your Google account. You are commenting using your Twitter account. You are commenting using your Facebook account. Notify me of new comments via email. Notify me of new posts via email. Email Address:. This website does not provide any legal advice and is for information purposes only.

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Amitabh Gupta, special inspector general of police and controller of legal metrology, stated in a release here on Wednesday that some customers had lodged complaints with his office. Based on the inputs, the legal metrology department carried out raids at warehouses of Amazon and Flipkart in Bhiwandi in Thane district, and seized products worth around Rs85 lakh.

Ltd, it said. The complaints said, among other things, that packages did not mention MRP of the goods, the weight, details of manufacturing, packing dates, contact details of makers or suppliers, etc. Click here to read the Mint ePaper Mint is now on Telegram.

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The consumer affairs ministry has asked states to distribute hygiene products such as hand sanitizers and face masks through ration shops at fair prices and easy availability.

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Betting in india legal metrology Bitcoin payments have been picking up since late last year, with prices rallying. E-mails sent to Amazon, Flipkart, Zomato and Swiggy did not elicit responses. The Prize Competitions Act, was introduced for the control and regulation of prize competition. ET NOW. Yes, Continue. HT Image business. Opinions are of authors and does not necessarily bind the administrators or owners of the website or the law firm.

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Accordingly, even games of skill cannot be offered in Telangana. The amendments introduced by the Ordinance appear to be very similar to the amendments introduced to the Telangana Amendment Act. The exemption for games of skill which formerly existed under the AP Act has also been substituted by a provision giving the AP Act overriding effect. Accordingly, games of skill appear to be prohibited by the AP Act. Under the Indian Constitution, an ordinance has the same effect as an Act of Legislature of the State Government, however such ordinances are required to be laid before the State Legislature for confirmation by passing a resolution to this effect.

An ordinance would lapse if 1 it is not confirmed within six weeks of the re-assembly of the State Legislature, or 2 a resolution disapproving it is passed by the Legislative Assembly of the State and agreed to by the Legislative Council. Therefore, the AP Ordinance has the force of law unless either 1 or 2 occur in the next sitting of the State Legislature, the dates of which have not been released as of yet.

There is a possibility that the AP Ordinance could be challenged in court. The PCA was enacted to regulate certain types of competitions. In the case of R. However, due to the types of games covered under the PCA i. Certain other laws that would apply to gaming activities have been discussed in question 2.

As games which are predominantly chance-based, casino games are treated as betting and gambling activities, and are therefore prohibited under most Gaming Enactments. It can be argued that certain variations of poker are games of skill for the purpose of most Gaming Enactments. Accordingly, such games should be permitted to be offered in most Indian States with an exemption for games of skill. Ltd v. Accordingly, poker is currently prohibited in Gujarat. However, an appeal has been filed against this order and is pending before the High Court.

For a discussion on lotteries, please refer below. However, if it is betting on casino games, please refer above. If it is sports or fantasy betting, please refer below. In the case of Dr. K R Lakshmanan v. However, the Horse Racing Exemption is subject to certain conditions under the Gaming Enactments, such as when wagering or betting takes place on the day on which the horse has run, in an enclosure which has been sanctioned by the State Government, etc.

In the case of online betting on real horse races, the conditions prescribed under the Horse Racing Exemption would need to be met. Turf Clubs regulate betting on physical horse races within their premises. One of the conditions which the Racing Exemption is subject to is that such betting takes place within an enclosure which Turf Clubs have set apart for betting.

Accordingly, betting on physical horse races must take place within the confines of Turf Clubs. Such betting would also be subject to the rules of the independent Turf Clubs. The above conditions would be difficult to meet in the case of online betting on horse racing products. However, one can argue whether a horse racing product is a game of skill independent of the Horse Racing Exemption.

While arguably the treatment of betting on horse racing as a game of skill should apply to sports betting as well, currently the status of sports betting as a game of skill is sub judice in the Geeta Rani Case, as stated above. Only the State of Sikkim permits sports betting.

An operator must obtain a licence to offer such games under the Sikkim Act. Such games may be offered through the intranet within the State of Sikkim only. In most other States, law enforcement authorities seek to prosecute players engaged in sports betting.

It can be argued that certain versions of fantasy sports games are preponderantly skill-based games in the Indian context. Accordingly, such games can be treated as exempted under the Gaming Enactments. Thereafter, the High Courts of Bombay and Rajasthan also recognised that the same format of fantasy sport was a game of skill in Gurdeep Singh Sachar v. The State of Rajasthan , respectively. However, as of September 8, , there has been a stay order imposed on the judgment of the High Court of Bombay by the SC.

Accordingly, the SC may examine this issue now. The Nagaland Act expressly recognises virtual team selection games and virtual sport fantasy league games as games of skill. If such games are sought to be offered online in the State of Nagaland, a licence would be required. The Lottery Laws permit State Governments to organise, conduct or promote a lottery, subject to certain conditions, as stated above. Some States regulate physical lotteries such as Sikkim , and lotteries have been banned in certain States such as Madhya Pradesh.

Some States specifically provide for online lotteries such as Punjab. Section A of the IPC specifically prohibits private lotteries. Certain other States have introduced legislation expressly banning lotteries in their States e. As stated above, games of skill are exempted from the prohibitions under most Gaming Enactments. Arguably, such games can be offered in both land-based and digital form in all the States in which there is such an exemption. Only the Nagaland Act has enacted a licence regime to regulate the online versions of such games.

The SC has recognised certain games as games of skill, such as betting on horse racing and the game of rummy. The issue of whether sports betting is a game of skill or not is before the SC. Depending upon the type of product, and the medium through which the Relevant Product is sought to be offered, licences may be required for certain products.

We have mentioned these below:. In so far as betting on horse races online is concerned, there are also no licences required. Based on the Lakshmanan Case, it can be argued that such games are games of skill and exempt under most Gaming Enactments. Innovative structures can be put in place for a foreign operator to offer such games.

In the case of betting on physical horse races, the conditions under the Horse Racing Exemption would need to be fulfilled. As stated above, the question of whether sports betting is a game of skill is pending before the SC in the Geeta Rani Case. Only the State of Sikkim offers a licence to offer sports betting through the intranet within the State of Sikkim only.

There are only a small number of States in India that allow operators to conduct gambling activities under a licensing regime. For brevity, we have only highlighted key points below:. Sikkim has also enacted the Sikkim Act and Rules under which licences are granted to offer intranet games of: a roulette; b blackjack; c pontoon; d punto banco; e bingo; f casino brag; g poker; h poker dice; i baccarat; j chemin-de-fer; k backgammon; l keno; m super pan 9; and n other sports games which involve the prediction of results of sporting events and placing a bet on the outcome, in part or whole, of such sporting event.

As per the Sikkim Act and Rules, the licensee must be a company incorporated in India, and must operate only in Sikkim. The licensees must be entities incorporated in India, have a substantial holding stake in India, and have no criminal history; and the licence is only issued to those entities which have no interest in online or offline gambling activities in India or abroad.

The eligibility above should be read in conjunction with the criteria covered in question 2. The Empanelled Firms will then revert with either their certification or recommendations to the applicant within 30 days. These committees are required to make their recommendations within two weeks.

The Nagaland Authority will then issue the licence to the application within 14 days of receipt of certification of the Empanelled Firms. Additional points to note are as follows:. Please include in this answer any material promotion and advertising restrictions. In addition to our response to question 2. These restrictions, however, should not apply to skill games. The IPC prohibits advertisements for lotteries, unless they comply with the provisions of the Lottery Laws.

The advertising of prize competitions is prohibited, unless it has been duly authorised by the relevant authority. For example:. The advertising of gambling is regulated by the Telecom Commercial Communications Customer Preference Regulations, , which prohibit unsolicited commercial communications to persons that have opted out of receiving them.

These Regulations also provide that telemarketing can only be carried out by operators that have obtained a licence from the Telecom Regulatory Authority of India. This code prohibits the propagation of products, the use of which is banned under the law. However, in cases where the winnings are wholly in kind or partly in cash and partly in kind and the cash component is insufficient to honour the withholding obligation in respect of whole of the winnings, the payor is required to ensure that the tax at the above rate is paid before the release of the whole winnings to the payee.

A new tax has been imposed which is chargeable on online services or goods supplied by offshore e-commerce operators to Indian residents or persons accessing such platforms through an Indian IP address. The question of the applicability of this tax to offshore gaming operators can also arise and based on the specific facts of the game model, it may be possible to argue that this tax should not apply. There are certain de minimus thresholds notified below which the gross income is not subject to this tax.

Further, games offered under direct betting models where the players bet against the house constitute actionable claims. Actionable claims relating to games of skill are not subject to GST. On the other hand, games offered under the peer-to-peer model where the players bet against each other and the gaming company merely provides the platform for facilitating such betting constitute provision of services by the gaming company.

If there is sufficient human intervention in the provision of the services, such as live casinos for instance, such services should not qualify as OIDAR and accordingly should not be taxable. Please note that to ascertain the taxability, rate of taxation and the correct tax base, the exact nature of the product offering should be analysed. The outcomes would differ also based on whether the operators are based in India or are conducting such activities from outside of India.

Most Gaming Enactments do not prescribe social responsibility requirements for gaming operators, since they have been enacted to prohibit gaming activities. However, in the absence of regulation, the gaming industry in India has taken the initiative to self-regulate and prescribe standards for social responsibility. Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated?

Under the PMLA, entities carrying out the activities for playing games for cash or kind including casinos are also required to adhere to the provisions of the PMLA. As per Section 12 of the PMLA, reporting entities are required to maintain records of transactions and documents evidencing the identity of their clients in accordance with the Rules.

Processing functions typically involve clearing, payment and settlement, which constitute the core functions of a payment system as per the definition under the PSS Act. Accordingly, payment service providers offering services to gaming operators may need to obtain authorisation from the RBI depending upon the types of functions that they undertake. Payment gateways and closed loop wallets are not treated as payment systems. Hence, the same valuation and declaration of such accounts should be made by persons as in the case of a bank account, in order to comply with certain tax compliance requirements under the Black Money Act.

Please refer to our response to question 3. All of the laws above, especially the IT Act, would be applicable. Excluding the Nagaland and Sikkim Acts, the Gaming Enactments are pre-internet pieces of legislation and were not amended after the advent of the internet. In these enactments, gaming in a common gaming house is prohibited, and they do not distinguish between physical and online offerings. There are primarily two schools of thought:.

As discussed in our response to question 1. The liability for offences under the Gaming Enactments usually vests upon:. Under FEMA, the onus of compliance is on the Indian resident party making the remittance outside India and not the foreign party receiving the remittance. Under the IPC, the abetment of offences is also prohibited.

Abetment has been defined as intentionally aiding such offences, whether by acts or illegal omissions. USD 2. USD 1. The Bombay Prevention of Gambling Act, imposes a fine and imprisonment for offenders. A first offence is punishable with a fine and imprisonment of at least INR approx.

USD 6. USD In States such as Nagaland, the fines for contravention might be significantly higher. For brevity, these have not been included. Please note that this chapter refers only to the impact of Indian laws on activities overseas including in India. Readers should refer to the laws of other countries for the impact of those laws on activities overseas. No, under Section 30 of the Indian Contract Act, , wagering contracts are void and cannot be enforced.

There are certain exemptions provided under said Section. Have fines, licence revocations or other sanctions been enforced in your jurisdiction? The majority of the Gaming Enactments are archaic and were enacted before the internet gained popularity. In the context of brick-and-mortar gaming houses, these fines and prohibitions have been enforced over a period of time.

In the context of online gaming, since the industry has been around only for a couple of years, there is not enough of a record of enforcement on which to draw conclusions. While there are certain cases pending in courts which we have highlighted throughout this chapter , not all cases are reported in the public domain. From the information that is available today and matters that are on public record, we understand that most cases are being heard and disposed of at the trial stage.

However, with the dissolution of Parliament prior to the general election, the Sports Bill lapsed. It has not been re-introduced. Gowree Gokhale Nishith Desai Associates. Ranjana Adhikari Nishith Desai Associates. Tanisha Khanna Nishith Desai Associates. Inika Charles Nishith Desai Associates.

Nishith Desai Associates. India: Gambling Laws and Regulations ICLG - Gambling Laws and Regulations - India covers common issues in gambling laws and regulations — including relevant authorities and legislation, application for a licence, licence restrictions, digital media, enforcement and liability — in 37 jurisdictions. Chapter Content Free Access 1. Relevant Authorities and Legislation 2. Application for a Licence and Licence Restrictions 3. Enforcement and Liability 5.

Anticipated Reforms. Relevant Product Who regulates it in digital form? Who regulates it in land-based form? Poker Please refer to question 1. Bingo Depending on the exact format of bingo, it can fall within the definition of a lottery, or under the general definition of gambling under most Gaming Enactments, as it is a game of chance. The indications for different positions of a load shall meet the maximum permissible errors, when the instrument is tested according to sub-paragraphs a to d of this paragraph.

For a given load the difference between the indications of multiple indicating devices including tare weighing device, shall be not greater than the absolute value of the maximum permissible error, but shall be zero between digital indicating or printing devices. The difference between two results obtained for the same load when the method of balancing the load is changed in the case of an instrument fitted with a device for extending the self-indication capacity in two consecutive tests, shall not exceed the absolute value of the maximum permissible error for the applied load.

An extra load equivalent to the value of the maximum permissible error for the applied load when gently placed or withdrawn from the instrument at equilibrium shall produce movement as required under sub-paragraph 1 of paragraph 6. An extra load equivalent to the maximum permissible error for applied load when placed gently on or withdrawn from the Instrument at equilibrium shall cause a permanent displacement of the indicating element corresponding to not less than 0.

An additional load equal to 1. An instrument shall comply, unless otherwise specified, with sub-paragraphs 6 , 7 and 8 of this paragraph under the conditions of ii and iii of sub-paragraph 9 of this paragraph and additionally it shall comply with clauses i and iv of sub-paragraph 9 of this paragraph.

The absolute value of the difference between the indication of the instrument in its reference position not tilted and the indication in the tilted position shall not exceed:. An instrument shall be fitted with a levelling device and a level indicator fixed firmly on the instrument in a place clearly visible to the user, unless the instrument is:. If no particular working temperature is stated in the descriptive markings of an instrument, this instrument shall maintain its metrological properties within the following temperature limits:.

An instrument for which particular limits of working temperature are stated in the descriptive markings shall comply with the metrological requirements within those limits. For multi-interval instruments and for multiple range instruments this applies to the smallest verification scale interval of the instrument.

An instrument operated from a mains power supply shall comply with the metrological requirements if the power supply varies;. Under reasonably constant environmental conditions, an instrument of class I, II or III shall meet the following requirements.

However, the difference between the indication obtained at 15 minutes and after that at 30 minutes shall not exceed 0. If these conditions are not met, the difference between the indication obtained immediately after placing a load on the instrument and the indication observed during the following four hours shall not exceed the absolute value of the maximum permissible error at the load applied.

Upon pattern evaluation, the tests given in paragraph 9 and Annexure A shall be performed, to verify adherence to the requirement in sub-paragraphs 6 , 7 , 8 and clauses i to iv of sub-paragraph 9 of this paragraph, sub-paragraph 5 and 6 of paragraph 4, sub-paragraph 3 of paragraph 5 and sub-paragraph 1 of paragraph 6. The endurance test shall be performed after all other tests in paragraph 9 and Annexure A.

An instrument shall be solidly and carefully constructed in order to ensure that it maintains its metrological qualities during a period of use. In particular, load receptors shall be such that the standard masses can be deposited on them easily and in total safety.

If weights cannot be placed, an additional support may be required. It must be possible to identify devices that have been subject to a separate type examination procedure e. An instrument shall be so constructed that an accidental breakdown or a mal-adjustment of control elements likely to disturb its correct functioning cannot take place without its effect being evident.

Controls shall be so designed that they cannot normally come to rest in positions other than those intended by design, unless during the manoeuvre all indication is made possible, keys shall be marked unambiguously. An Instrument shall have provisions as required by the director legal metrology, for securing components and preset controls to which access or adjustment likely to affect the metrological characteristics of the instrument, is possible.

If an instrument is fitted with an automatic or a semi-automatic span adjustment device, this device shall be incorporated inside the instrument. External influence upon this device shall be practically impossible after sealing.

A gravity sensitive instrument may be equipped with a device for compensating the effects of gravity variation. After securing, external influence on or access to this device shall be practically impossible. The scale, numbering and printing shall permit the figures which form the results to be read by simple juxtaposition:. Provided that this requirement shall not be applicable in the case of steel yard type weighing instruments.

All indicating, printing and tare weighing devices of an instrument shall, within anyone weighing range, have the same scale interval for any given load. Where the scale interval is changed automatically the decimal sign shall maintain its position in the display. A decimal fraction shall be separated from its integer by a decimal sign comma or dot , with the indication showing at least one figure to the left of the sign and all figures to the right.

The unit of mass shall be chosen so that weight values have not more than one non-significant zero to the right. For values with decimal sign, the non-significant zero is allowed only in the third position after the decimal sign. This approximate device is considered as giving secondary indications.

The extension interval of the range of self indication shall not be greater than the value of the self-indication capacity. It should be possible to seal the housing and the adjusting activities of the weights or masses.

The following requirements apply in addition to those in clause i to iv of sub-paragraph 2 of this paragraph. Scale shall be designed and numbered so that reading the weighing results is easy and unambiguous. The length of the shortest scale mark should be at least equal to the scale spacing. Scale marks should be arranged in accordance with one of the sketches in Figure D the line joining the end of the scale marks optional.

If the scale is projected on a screen, at least two numbered scale marks should appear wholly in the projected zone. The height of the number real or apparent expressed in millimeters should be not less than 3 time the minimum reading distance expressed in metre, without being less than 2 mm. The width of a number, measured parallel to the base of the scale should be less than the distance between two consecutive numbered scale marks.

The width of the pointer of the indicating components should be approximately equal to that of the scale marks and of the length such that the tip is at least level with the shortest mark. The distance between the scale and the inter should be at the most equal to the scale spacing, without being greater than 2 mm.

Stops shall be provided to limit the movement of the indicating component whilst allowing it to travel below zero and above the capacity of self-indication. This re-requirements does not apply to multi-revolution dial instruments. The stops limiting the movement of the indicating components should permit it to travel across zones of at least 4 scale spacings below zero and above the capacity of self-indication three zones are not provided with a scale on fan charts and on dials with a single revolution pointer they are called "blank zone".

Hydraulic damping elements sensitive to variations in temperature should be provided with an automotive regulating device or an easily accessible manual regulating device. The following requirements apply in addition to those in clauses i to v of sub-paragraph 2 of this paragraph.

An extended indicating device shall not be used on an instrument with a differentiated scale division. When an instrument is fitted with an extended indicating device, displaying the indication with a scale interval smaller than 'e' shall be possible only. Indications other than primary indication may be displayed in the same indicting device, provided that,-.

Quantities other than weight values are identified by the appropriate unit of measurement, or symbol thereof, or a special sign. Weight values that are not weighing results sub-clause i through clause iii of sub-paragraph 2 of paragraph 5 Part I shall be clearly identified, or they may be displayed only temporarily on manual command and shall not be printed.

Printing shall be clear and permanent for the intended use, printed figures shall be at least 2 mm high. If printing takes place, the name or the symbol of the unit of measurement shall be either to the right of the value or above a column of values.

Stable equilibrium is considered to be achieved when over a period of 5 seconds following printout, no more than two adjacent values are indicated, one of which being the printed value. The storage of primary indications for subsequent indication, date transfer, totalizing, etc, shall be impossible when the equilibrium is not stable. The criterion of stable equilibrium is the same as in clause v of sub-paragraph 4 of paragraph 4.

An instrument may have one or more zero setting devices and shall have not more than one zero-tracking device. The effect of any zero setting device shall not alter the maximum weighing capacity of the instrument. After zero setting, the effect of zero deviation on the result of the weighing shall be not more than 0. Zero setting in any weighing range shall be effective also in the greater weighing ranges if switching to a greater weighing range is possible while the instrument is loaded.

If an instrument has a zero device and a tare-weighing device, the control of the zero-setting device shall be separated from that of the tare-weighing device. A semi-automatic zero setting device shall function only and when the instrument is in stable equilibrium, it cancels any previous tare operation. An instrument with digital indication shall have device that displays a special signal when the deviation from zero is not more than 0. This device may also work when zero is indicated after a tare operation.

This device is not mandatory on an instrument that has an auxiliary indicating or a zero-tracking device provided that the rate of zero tracking is not less than 0. A tare device shall comply with the relevant provisions of sub-paragraph 1 through 4 of this paragraph.

The scale interval of a tare weighing device shall be equal to the scale interval of the instrument for any given load. The tare device shall be such that it cannot be used at or below its zero effect or above its maximum indicated effect. Operation of the tare device shall be visibly indicated on the instrument.

In the case of instruments with digital indication this shall be done by marking the indicated net value with the sign "NET" or "Net" or "net". This is not required for an instrument with a combined semiautomatic zero-setting device and a semi-automatic tare balancing device operated by the same key. When the use of subtractive tare device does not allow the value of the reSidual weighing range to be known, a device shall prevent the use of the instrument above its maximum capacity or indicate that this capacity has been reached.

On a multiple range instrument the tare operation shall be effective also in the greater weighing ranges, of switching to a greater weighing range is possible while the instrument is loaded. If the semi automatic zero setting device and semi automatic tare balancing device are operated by the same key; sub clause ii and v of sub-paragraph 5 of this paragraph and if appropriate sub-clause vii of sub-paragraph 5 of this paragraph apply at any load.

If more than one tare device is operative at the same time, tare weight values shall be clearly designated when indicated or printed. Gross weight values may be printed without any designation. For a designation by a symbol, only "G" is permitted. If only net weight values are printed without corresponding gross or tare values, they may be printed without any designation. A symbol for designation shall be "N". This applies also where semi-automatic zero setting and semi-automatic tare balancing are initiated by the same key.

Gross, net or tare values determined by a multiple range instrument or by a multi-interval instrument need not be marked by a special designation referring to the partial weighing range. If net weight values and tare values determined by different tare devices are printed separately, they shall be suitably identified. Regardless of how a preset tare value is introduced into the device, its scale interval shall be equal or automatically rounded to the scale interval of the instrument.

On a multiple range instrument, a preset tare value may only be transferred from one weighing range to another one with a larger verification scale interval but shall then be rounded to the latter. For the indicating device clause v of sub-paragraph 6 of this paragraph applies. It shall be possible to indicate the preset tare value at least temporarily. Preset tare values are designated by the symbol "PT"; however, it is permitted to replace the symbol "PT" by complete words.

If an instrument has one or more locking device, these devices shall only have two stable positions corresponding to "locked" and "weigh"; and weighing shall only be possible in the "weigh" position. A "pre-weigh" position may exist on any instrument of class I or II, except under sub-paragraphs 13 , 15 or 16 of this paragraph.

The value of the weights needed to balance a load equal to the verification scale interval shall be an integer multiple of 0. The selection device shall ensure compensation for the unequal no load effect of the various load receptors-load transmitting devices, in use. Zero setting of an instrument with any multiple combination of various load measuring devices and various load receptors shall be possible without any ambiguity and in accordance with the provisions of sub-paragraph 5 of paragraph 4.

For the purpose of verification a "heavy" or "plus" and "light" or "minus" comparators instrument is considered to be a semi-self indicating instrument. The corresponding value shall be shown at either end of the scale.

The following requirements apply to an instrument of class II, III, or IV with a maximum capacity not more than kg capacity designed for direct sale to the public. On an instrument for direct sale to the public, the primary indications are the weighing results and the information about the correct zero position, tare, and pre-set tare operation.

An instrument for direct sale to the public shall not be fitted with a non-automatic zero setting device unless operated with a tool. An instrument shall not be fitted with a device which can recall the gross value while a tare or pre-set tare device is in operation.

A displacement of 5 mm of a point of the control shall be at the most equal to one verification scale interval. A preset tare device may be provided if the preset tare value is indicated as a primary indication on a separate display which is clearly differentiated from the weight display sub-clause b of clause iii of sub-paragraph 13 of this paragraph, applies. Where a preset tare is associated with a price look up PLU , the preset tare value may be cancelled at the same time, as the PLU is cancelled.

It shall be impossible to weigh or to guide the indicating element during the normal locking operation or during the normal operation of adding or subtracting weights. All primary indications shall be displayed clearly and simultaneously to both the vendor and the customer.

On digital devices that display primary indications, the numerical figures on either set shall be of the same dimension and at least 10 mm high, with a tolerance of 0. On an instrument to be used with weights, it shall be, possible to distinguish the value of the weights. An instrument shall not be fitted with any auxiliary indicating device nor an extended indicating device.

An Instrument of class II shall comply with the requirements given in sub-paragraph 9 of paragraph 3 for an instrument of class III. When a significant fault has been detected, a visible or audible alarm shall be provided for the customer, and data transmission to any peripheral equipment shall be prevented. This alarm shall continue until such time as the user takes action or the cause disappears. On a price indicating instrument, the supplementary primary indication are unit price and price to pay and if applicable, number, unit price and price to pay for non-weighed articles and price totals.

For unit price and price-to-pay scales, sub-paragraph 2 of this paragraph and clauses i to iii of sub-paragraph 3 of this paragraph apply accordingly. The decimal shall be indicated to two places. The device which performs the calculations in any case considered a part of the instrument. As long as there is a weight indication after removing the load, it shall not be possible to introduce or change a unit price. The same data shall not be printed twice on the ticket for the customer. Instrument that can be used for price labelling purpose, must comply with sub-paragraph 16 of this paragraph as well.

Only if all transaction performed by the instrument or by connected peripheral are printed on a ticket or label intended for the customer, a price computing instrument may perform additional functions which facilitate trade and management. These functions shall not lead to confusion about the results of weighing and price computing.

Other operations or indications not covered by the following provisions may be performed, provided that no indication which could possibly be misunderstood as a primary indication, is presented to the customer. An instrument may accept and record positive or negative prices to pay one of several non-weighed articles, provided the weight indication is zero or the weighing mode is made inoperative. The price-to-pay for one or more of such articles, shall be shown in the price to-pay display.

If the price to pay is calculated for more than one equal article, the number of such articles shall be shown on the weight display, without being possibly taken for a weight and the price for one article on the unit price display, unless supplementary display are used to show the number of articles and articles price.

An instrument may totalize transaction on one or several tickets; the price total shall be indicated on the price-to-pay display and printed, accompanied by a special word or symbol, either at the end of the price-to-pay column or on a separate label ticket with appropriate reference to the commodities whose prices to pay have been totalized; all prices to pay that are totalized shall be printed and the price total shall be the algebraic sum of all these prices as printed. An instrument may totalize transaction performed on other instruments linked to it, directly or over metrologically controlled peripherals, and if the price-to-pay scale intervals of all connected instruments are identical.

An instrument may be designed to be used by more than one vendor or to serve more than one customer at the same time provided that the connection between the transactions and the relevant vendor or customer is appropriately identified. An instrument may cancel previous transaction, where the transaction has already been printed, the relevant price-to-pay cancelled shall be printed with an appropriate comment. If the transaction to the cancelled is displayed to the customer, it shall be clearly differentiated from normal transaction.

An instrument may print additional information if this is clearly correlated to the transaction and does not interfere with the assignment of the weight value to the unit symbol. If a ticket or label is printed, the primary indications shall include a designation of the product when the instrument used to sell different products. An instrument similar to one normally used for direct sale to the public which does not comply with the provisions of sub-paragraphs 13 and 14 of this paragraph shall carry near the display, the indelible marking;.

Clause viii of sub-paragraph 13 , sub-clauses a and e of clause iii of sub-paragraph 14 , sub-clause a of clause iv of sub-paragraph 14 and sub-clause e of clause iv of sub-paragraph 14 of this paragraph respectively apply.

A price labelling instrument shall have at least one display for the weight. It may be used temporarily for set up purpose such as supervision of setting weight limits, unit price, preset tare values, commodity names. It shall be possible to verify, during use of the instruments, the actual values of unit price and preset tare value.

Printing of labels with fixed values of weight, unit price and price to pay is allowed provided that the weighing mode is made in operative. For the purpose of verification, a counting instrument is considered to be a semi self indicating instrument.

The counting ratio shall be shown clearly just above each counting platform or each counting scale mark. In addition to paragraphs 3 and 4, an electronic instrument shall comply with the following requirements. The choice, where sub-clause a or b of clause i of sub-paragraph 1 of paragraph 5 is applied, is left to the manufacturer. When a significant fault has been detected, the instrument shall either be made inoperative automatically or a visual or audible indication shall be provided automatically and shall continue until such time as the user takes action or the fault disappears.

The error near maximum capability shall not exceed the maximum permissible error and the absolute value of the difference between the errors obtained for any two measurements shall not exceed half the verification scale interval or half the value of the maximum permissible error, whichever is greater. An interface shall not allow the metrological functions of the instruments measurement data to be inadmissibly influenced by the peripheral devices for example computers , by other interconnected instruments, or by disturbances acting on the interface.

Functions that are performed or initiated via an interface shall meet the relevant requirements and conditions of clause iv of this sub-paragraph. Other interface shall be secured as per sub-clause d of clause ii of the sub-paragraph 1 of paragraph 4. All electronic instruments of the same category, whether or not equipped with checking facilities, shall be subjected to the same performance test programme.

Performance tests shall be carried out on fully operational equipment in its normal operational state or in a status, as similar as possible thereto. If an electronic instrument is equipped with an interface permitting the coupling of the instrument to external equipment, the instrument shall, during the tests mentioned in sub-paragraphs 2 , 3 and 4 of paragraph 3 of Annexure A be coupled to external equipment, as specified by the test procedure.

An extra load equivalent to the absolute value of the maximum permissible error for the applied load, shall be placed on the instrument at equilibrium and shall cause a permanent displacement of the indicating element of at least. The sensitivity tests shall be carried out by placing extra loads with a slight impact in order to eliminate the effects of discrimination threshold.

However, this distance may be equal to 1 mm, if the thickness of the indices is less than this value. It shall be possible to secure the sliding poises, the removable masses and the adjusting cavities or the housings of such devices as prescribed by Director.

If the device permits printing, this should be possible only if sliding bars or poises or a mass switching mechanism are each in a position corresponding to a whole number of scale divisions. Except for accessible sliding poises or bars, printing should be possible only if the equilibrium indicating component is in the reference position to within the nearest half scale interval.

On bars on which the scale interval is the verification scale interval of the instrument, the scale marks shall consists of lines of constant thickness. On other major or minor bars, the scale marks shall consist of notches. The distance between scale marks shall not be less than 2 mm and be of sufficient length so that the normal machining tolerance for notches or scale marks does not cause an error in the weighing result exceeding 0.

The displacement of sliding poises on major and minor bars shall be limited to the graduated part of major and minor bars. On an instrument intended for direct sale to the public, the height of the raised edge of the weights receptor platform should not exceed one-tenth of the greatest dimension of the platform, without being more than 25 mm. An instrument shall be provided with two moving indices or one moving indicating component and a fixed datum mark, the respective position of which indicates the reference position of equilibrium.

On an instrument of class III or IV designed to be used for direct sale to the public, the Indices shall allow the equilibrium to be seen from the opposite sides of the instrument. The knives shall be fitted to the levers in such a way that the invariability of the ratios of the lever arms is assured. They shall not be welded or soldered.

The edges of the knives of one and the same lever shall be practically parallel and shall be situated in one plane. It shall be possible for bearings of an instrument with ratio platforms and steelyards to oscillate in all directions on their supports or in their mountings. On such instruments anti disconnection devices shall prevent the disconnection of articulated parts.

The longitudinal play of the knives shall be limited by friction plates. There shall be point contact between knife and friction plates and it shall be situated on the extension of the line s of contact between knife and bearing s. The friction plate shall form a plane through the point of contact with the knife and its plane shall be perpendicular to the line of the contact between knife and bearing.

It shall not be welded or soldered to the bearings or their support. Contact parts of knives, bearings, friction plates, inter levers, inter lever supports and links shall have a hardness of at least 58 Rockwell C. A protective coating may be applied to the parts in contact of jointed components provided that this does not lead to changes of metrological properties. The bores of bearing in the form of an annulus shall have a diameter at least equal to 1. The head and the sliding poise of an instrument with detachable sliding poises shall bear the same distinctive mark.

If an instrument of class III or IV is provided with a zero-setting device, this shall be a captive screw or nut arrangement with a maximum effect of 4 verification scale intervals per revolution. The provisions of sub-paragraph 2 of paragraph 6 relating to load measuring devices with accessible sliding poises shall be observed. The numbered scale of the instrument shall permit continuous weighing from zero to the maximum capacity.

An instrument shall have a manual device for locking the beam, the action of which prevents the equilibrium indices coinciding when at rest. If certain parts of an instrument, such as the frame, the platform or the board are of wood, this shall be dry and free from defects. It shall be covered with a paint or an effective protective varnish. The descriptive marking shall be indelible and of a size shape and clarity allowing easy reading.

They shall be grouped together in a clearly visible place either on a descriptive plate fixed to an instrument, or on a part of the instrument itself. When several plates are placed one above the other as for example in the case of an instrument consisting of several separate devices they should be of the same width.

This common width is fixed at 80 mm. The plate shall be fixed by rivets or screws with one of the rivets of red copper or material having qualities recognised as similar. It should be possible to secure the head of one of the screws by means of a lead cap inserted in a device that cannot be dismantled. The diameter of the rivet or of the lead cap should be able to accommodate a stamp 4 mm in diameter.

Each load measuring device which is connected or can be connected to one or more load receptors, shall bear the descriptive markings relating to these viz. If cannot be exchanged without altering the metrological characteristics of the instrument, each unit shall have an identification mark which shall be repeated in the descriptive markings.

An instrument required to bear verification marks shall have a verification mark support, at the place provided for above, which ensures the conservation of the marks:. Verification shall be testified by verification marks. All components whose dismantling or mal-adjustment might alter the metrological characteristics of the instrument should be secured by a seal.

At a certain load L, the indicated value, I is noted. The additional load added to the load receptor gives the indication P, by using the formula. Apply test loads from zero up to and including Max. During verification 5 test loads shall be selected and during inspection 3 test loads. The test loads selected shall include Max. When loading or unloading, the weights shall be progressively increased or decreased.

If the instrument is provided with an automatic zero setting device, it shall remain in operation during test. Error is calculated as given in sub-para 1 above. Apply the test loads from zero up to and including maximum portion of the standard weights. Determine the error and then remove the weights so that the no load indication, or in the case of an instrument with a zero tracking device, the indication of say 10e, is reached.

Substitute the previous weights with substitution material until the same changeover point, as used for the determining of the error is reached. Repeat the above procedure until Max. Unload in reverse order to zero, i. Place the weights back and remove the substitution material until the same changeover point is reached. Repeat this procedure until no-load is reached. Weighing tests shall be performed at least at two different tare values.

At least 5 steps may be selected including Min. Large weights should be used in preference to several small weights. The load shall be applied central in the segment if several weights are used. A rolling load shall be applied at different positions on the load receptor. These positions shall be at the beginning, the middle and at the end of the load receptor in the normal driving direction.

The positions shall then be tested in the reverse direction. An extra load shall be placed gently on or removed from the load receptor while the instrument is at equilibrium. The additional weights shall then be removed until the indication, I is decreased unambiguously by one actual scale interval i. One of the additional weights shall be replaced and a load equal to 1. Readings shall be taken when the instrument is loaded and unloaded.

Load the instrument close to Max. Take one reading as soon as the indication has stabilized and then note the indication while the load remains on the instrument for a period of four hours. The test may be terminated after 30 minutes if the indication differs less than 0. The deviation in the zero indication before and after a period of loading with a load close to Max for half an hour, shall be determined.

The reading shall be taken as soon as the indication has stabilized. For multiple range instruments, continue to read the zero indication during the following 5 minutes after the indication has stabilized. If the instrument is provided with automatic zero-setting or zero-tracking, it shall not be in operation. Manually disturb the equilibrium and initiate the command for data printing or data storage as soon as possible. Read the indicated value 5 seconds after printing.

Perform the test 5 times. The instrument shall be tilted both forwards and backwards longitudinally, and from side to side transversely. After zero setting in the reference position, the indication is determined at no load and at the two test loads. The instrument is then unloaded and tilted without a new zero setting , after which the indication at no load and at the two test loads are determined. This procedure is repeated for each of the titting directions. In order to determine the influence of tilting on the loaded instrument, the indication obtained at each tilt shall be corrected for the deviation from zero which the instrument had prior to loading.

If the instrument is provided with automatic zero-setting or zero tracking, it shall not be in operation. The instrument shall be set to zero in its reference position not tilted. The zero indication is noted. The test shall be repeated with transverse tilting. The Instrument shall be set to zero in its reference position and two weighing shall be carried out at a load close to the lowest load where the maximum permissible error changes, and at a load close to Max.

The instrument is then unloaded and tilted longitudinally and set to zero. Weighing tests as described above shall be performed. The instrument shall be tilted longitudinally up to the limiting value of the level indicator. Check the tilt. Repeat with transverse tilting. An instrument using electric power shall be disconnected from the supply for a period of at least 8 hours prior to the test. The instrument shall then be connected and switched on and as soon as the Indication has stabilized, the instrument shall be set to zero and the error at zero shall be determined.

Calculation of error shall be made. The instrument shall be loaded with a load close to Max. These observations shall be repeated after 5, 15 and 30 minutes. For instruments of class I, the provisions of the operating manual for the time following connection to the mains shall be observed.

The test consists of exposure of the equipments under test EUT to constant temperatures within the range stated under free air conditions, for a 2 hour period after the EUT has reached temperature stability. After stabilisation the error of the zero indication shall be determined. This test may be performed together with the temperature test. The errors at zero shall then be additionally determined immediately before changing to the next temperature and after the 2 hour period after the instrument has reached stability at this temperature.

Maximum allowable variations : All functions shall operate as designed, and all indications shall be within the maximum permissible errors. If the instrument is provided with an automatic zero-setting or a zero tracking device, it may be in operation during the test. The load shall be applied times. The frequency and speed of application shall be such that the instrument attains an equilibrium when loaded and when unloaded.

The force of the load applied shall not exceed the force attained in a normal loading operation. A weighing test in accordance with the procedure shall be performed before the endurance test is started to obtain the intrinsic error. A weighing test shall be performed after the completion of the loadings to determine the durability error due to wear and tear. If the instrument is provided with automatic zero-setting or zero-tracking device it may be in operation during the test.

Proposed test sequence for tests given in clauses i and ii of sub-paragraph 13 of Paragraph 9 of Part-II. Energise the EUT for a time period equal to or greater than the warm up time specified by the manufacturer and maintain the EUT energised for the duration of the test. Adjust the EUT as closely as practicable to zero prior to each test, and do not re-adjust it at any time during the test, except to reset it if a significant fault has been indicated.

The deviation of the no-load indication due to any test condition shall be recorded, and any load indication shall be corrected accordingly to obtain the weighing result. The handling of the instrument shall be such that no condensation of water occurs on the instrument. Test procedure in brief : The test consists of exposure of the EUT to a constant temperature and a constant relative humidity.

The EUT shall be tested with at least five different test loads. A test generator capable of reducing the amplitude of one or more half cycles at zero crossings or the AC mains voltage shall be used. The test generator shall be adjusted before connecting the EUT. The mains voltage reduction shall be repeated ten times with an interval of at least 10 seconds.

Maximum allowable variations : The difference between the weight indication due to the disturbance and the indication without the disturbance shall either not exceeds ear the instrument shall detect and react to a significant fault. The test, consists in exposing the EUT to specified, direct and indirect, electrostatic discharges. This test includes the paint penetration method, if appropriate, for direct discharges the air discharge shall be used where the contact discharge method cannot be applied.

At least 10 direct discharges and 10 indirect discharges shall be applied. The time interval between successive discharges shall be at least 10 seconds. The EUT shall be exposed to electromagnetic fields of the strength and character as specified by the severity level. Test procedure in brief: The test consists in observing the variations of the error of the EUT under sufficiently constant ambient conditions reasonably constant conditions in a normal laboratory environment at various intervals before, during and after the EUT has been subjected to performance tests.

The performance test shall include the temperature test and if applicable, the damp heat test; they shall not include any endurance test; other performance test in this Annexure and in paragraph 9 shall be performed. The EUT shall be disconnected from the mains power supply, or battery supply where fitted, two times for at least 8 hours during the period of the test. The number of disconnections may be increased if the manufacturer specified so or at the discretion of the approval authority in the absence of any such specification.

The EUT shall be stabilised at sufficiently constant, ambient conditions after switch on for at least 5 hours, but at least 16 hours after the temperature and damp heat test have been performed. Test duration: 28 days or the period necessary for the performance tests to be carried out, whichever is shorter. Automatic zero-tracking shall be made inoperative and automatic built in span adjustment device shall be made operative. At the first measurement immediately repeat zeroing and loading four times to determine the average value of the error.

For the next measurements perform only one unless either the result is outside the specified tolerance or the range of the five readings of the initial measurements is more than 0. The variation in the errors of indication shall not exceed half the verification scale interval or half the absolute value of the maximum permissible error on initial verification or the test load applied, whichever is greater, on any of the measurements.

Where the difference of the results indicate a trend more than half the allowable variation specified above, the test shall be continued until the trend comes to rest or reverses itself, or until the error exceeds the maximum allowable variation. The steel knife-edges and bearings shall have the hardness specified below:. All weighing instruments shall be provided by the manufacturers with a plug or stud of soft metal to receive the stamp or seal of the verification authority.

Such plug or stud shall be provided in a conspicuous part of the instrument and shall be made in such a manner as to prevent its removal without obliterating the seal. Sensitivity figures shall be determined only for those beam scales which have a pointer with sector plate. For other beam scales the sensitiveness test shall apply. For tests to be conducted on such balances see annexure at the end of this part.

Aluminium alloy may be used in balances, having a capacity of not more than 50g, The pans of Class B beam scales may be made of glass also. In the case of beam scales of Classes C and D, pans of hard-wood shall be permitted for capacities kg. The pans of beam scales, when made of timber, shall be adequately reinforced and protected against wear.

In the case of Class B beam scales of capacity g or less, the pans may be suspended by silk or nylon threads. Every beam scale of Class A shall be provided with a glass case. It shall also be provided with bubble or a plumb line and levelling screws to facilitate levelling of the instrument.

For Class C beam scales of capacities 5 kg and below fixed hooks may also be provided. The balance ball or balance box shall not be so large as to contain more loose material than an amount exceeding one percent in weight of the capacity of beam scales under kg or an amount exceeding 1 kg for beam scale of capacity kg and above. The sensitivity figure shall be determined at zero and full loads and shall comply with the requirements specified in Table B, Beam scales other than Class 'A' shall be tested for sensitiveness at full load only and shall comply with the requirements specified in Tables C to E.

A small weight whose mass is accurately known shall be put on one of the pans. This small weight shall be so chosen that the turning points of the pointer remain within the reading index. The rest point shall be determined by the usual oscillation method. The weight shall then be transferred to the other pan and the second rest point shall be determined.

If the rest paints shift by divisions on the scale and if the mass of the test weight is 'w' mg. A similar test with appropriate weights in each pan representing the full capacity of the beam scale, shall be performed to determine the sensitivity figure of the beam scale at full load.

The difference in the masses of the two weights of the pair shall be adjusted to be of the order of 0. This difference should be known accurately. After balancing the beam scale at zero load, one of the two weights in the pair shall be put on the right pan and the other weight on the left pan.

The rest point shall be determined. The two weights shall then be inter-changed and the second rest point shall be similarly determined. If the rest point shifts by 'n' divisions and if the difference between the masses of the two test weight is 'w' mg. To determine the sensitivity figure of the beam scale at full load a similar test shall be performed with weights equal to the maximum capacity of the beam scale in each pan.

Weights of such mass shall then be added on one of the pans as may move the tip of the pointer from its equilibrium position by an appreciable distance. After removing these weights the same test shall be repeated on the other pan and the weights required for moving the tip of the pointer by the same distance on the other side of the equilibrium position shall then be added.

If these weights are denoted by 'w1' and 'w2' respectively, the sensitiveness "s" of the beam scale is given by the relation:. The beam scale shall be properly balanced without any load in the pans. The rest point R o shall be determined by the usual oscillation method. After arresting the beam both the pans shall be loaded with equal weights of same material and representing the full capacity of the beam scale.

The beam scale shall then be properly balanced by adding small weights. The rest point R 1 shall be determined by the oscillation method. After arresting the beam, the loads, including the small weights, shall be interchanged and scale balanced again by putting additional weights m , if necessary on one of the pans. The rest point R 2 shall again be determined, The error E caused due to inequality of the arms of the scale is given by.

If detachable hooks are provided the beam alone shall be checked. The loose hooks shall then be attached and the assembly checked for balance. The chains and pans shall then be attached in the case of both the types of balances and checked again for balance. After checking at no load, each of the pans shall be loaded with weights equal to the maximum capacity of the beam scale and the scale shall be balanced.

The loads thereon shall then the interchanged and the beam scale balanced again by adding necessary weights on one of the pans. The additional weight shall be equal to twice the error due to inequality of arms of the beam. In the case of beams with attached hooks, the loads shall be interchanged along with the chains, and pans and in the case of beams with detachable hooks the loads shall be interchanged along with the hook chains and pans. These should be within the limits specified in Tables B to E.

Similarly when the above load is moved to any position on the pan, the difference shown shall not be appreciable. A counter machine is an equal arm weighing instrument of capacity not exceeding 50 kg, the pans of which are above the beam. Figure 33 K illustrate a typical counter machine.

The supports for the pans shall be of a suitable rigid structure such as cross member strengthened by straps. Central pieces of forks shall be fixed so that they are not twisted or dislocated. The knife-edges and bearings shall be so fitted as to allow the beam to move freely. The knee-edges shall rest upon the bearings along the whole length of their working part. In such a case, the balance box shall be permanently fixed beneath the weight pan and shall be large enough to contain loose material to an amount upto one per cent of the capacity of the machine.

No other adjusting contrivance shall be used. They may be of any convenient shape. The addition of the weight specified in col. If the pan has a vertical side against the middle of that side, the weight being entirely on the weight pan, but in any position on it. Each machine shall be provided with a plug or stud of soft metal on a conspicuous part of the beam or body to receive the stamp or seal of the verification authority. Such a plug or stud shall be made irremovable by undercutting it or by some suitable method.

An instrument that weighs without the intervention of an operator and follows a predetermined program of automatic processes characteristic of the instrument. The part of the weigh zone that is intended to receive the load and which realizes a change in the balance of the instrument when a load is placed upon it. Two or more load receptors placed in series that are used as a single load receptor for full draught weighing. A device comprised of electronic sub-assemblies and performing a specific function.

An electronic device is usually manufactured as a separate unit and is capable of being independently tested. A part of an electronic device comprised of electronic components and having a recognizable function of its own. The smallest physical entity that uses electron or hole conduction in semiconductors, gases, or in a vacuum.

Weighing a wagon in two or more parts on the same load receptor. The results are automatically added to indicate or print the wagon weight. Weighing-in-motion of wagons that travel independently across a load receptor. This is usually achieved by means of an incline of the approach to the load receptor.

Weighing-in-motion of a train of coupled wagons to obtain a weight indication or printout of the individual wagons. Weighing-in-motion of a number of coupled wagons to obtain a totalized weight of all the wagon weights. The load below which a weighing-in-motion result before totalizing may be subject to an excessive relative error. The wagon weight below which a weighting in-motion result may be subject to an excessive relative error. The time between the moment that power is applied to an instrument and the moment at which the instrument is capable of complying with the requirements.

An indication allowing the determination of an equilibrium position to a fraction of the scale interval. An indication in which the scale marks are a sequence of aligned figures that do not permit interpolation to a fraction of a scale interval. The intrinsic error of an instrument as determined prior to performance test and durability evaluations.

The capability of an instrument to maintain the difference between the indication of weight at maximum capacity and the indication at zero within specified limits over a period of use. A span stability error greater than one half of the absolute value of the maximum permissible error applicable to the load. The difference between a digital measurement result indicated or printed and the value of the measurement result with an analogue indication.

An Influence quantity having a value within the specified rated operating conditions of the Instrument. An influence quantity having a value that falls within the limits specified in this specification but that falls outside the rated operating conditions of the instrument. Conditions of use which give the ranges of the influence quantities for which the metrological characteristics are intended to lie within the specified maximum permissible errors.

A test with standard weights or a load that remains stationary on the load receptor to determine an error. A test carried out on a complete instrument or part of an instrument in which any part of the weighing operation is simulated. A test to verify that the equipment under test EUT is capable of accomplishing its intended functions.

A test to verify that the EUT is capable of maintaining its performance characteristics over a period of use. A loaded or unloaded railway goods vehicle that is recognized by the instrument as a vehicle to be weighed. A wagon of known weight that is typical of those to be used for weighing on the instrument and which has been selected for the purposes of in-motion testing. An instrument may be in a different accuracy class for wagon weighing than that for train weighing.

For a particular method of weighing-in-motion and combination of load receptors, all weight indicating and printing devices on an instrument shall have the same scale interval.

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We are also involved in academic and research aspects of Legal Metrology for more than a decade. EasyLegalTax ELT is an online and offline service platform aimed at helping businesses to understand Request Proposal.

The current guidelines of various governing and regulatory authorities such as the Bar Council of India, Institute of Chartered Accountants of India, and Institute of Company Secretaries of India does not permit the solicitation of work and advertisement of their practice and services.

EasyLegalTax is, therefore, constrained from providing any further information on this web page. I Agree to Terms of Use. This licence covers certain casino games like roulette, casino brag, and blackjack. Please refer to question 1. Skill versions of poker do not have a regulator in most Indian States. Only the State of Nagaland regulates online games of skill. The licensing authority in Nagaland is the Finance Commissioner.

As stated in the corresponding column, poker can be argued to be a game of skill and therefore exempt from most Gaming Enactments. This exemption would apply to even poker when played on physical premises. Depending on the exact format of bingo, it can fall within the definition of a lottery, or under the general definition of gambling under most Gaming Enactments, as it is a game of chance. In case of the latter, it would be prohibited in most Indian States. If the betting is on games of chance, this is prohibited in most Indian States.

If it is: i betting on casino games, please refer above; ii sports betting or fantasy sports, please refer to the relevant column below. Betting on horse racing has been held to be a game of skill. There is no regulator for betting on horse races online. However, a licence may be required from the relevant Turf Club.

Only the State of Sikkim permits sports betting under a licence through the intranet within the State of Sikkim only, under the Sikkim Act. Betting on physical horse races on race courses is regulated by the Turf Clubs, i. Certain skill formats of fantasy sports should be exempt from the prohibitions under most Gaming Enactments. Only the State of Nagaland has enacted a licence regime for virtual team selection games and virtual sport fantasy league games when offered online.

Please refer to the corresponding column apart from the discussion on the State of Nagaland, which only applies to online games. Depending upon the format and content of these games, certain other laws may be triggered, such as intellectual property laws, content laws, e.

As discussed above, games of skill are exempted from the prohibitions under most Gaming Enactments. The SC has specifically recognised certain games as games of skill, as discussed in question 1. No licence as such is required to operate such games in most Indian States. Only the State of Nagaland has enacted a licence regime for online games of skill under the Nagaland Act. Please refer to the corresponding column except for the discussion on Nagaland, which would only apply to online games.

It is not a settled position of law as to whether these prohibitions extend to the online medium. Operators take a conservative approach and do not offer their games in these States. Whether a game is of chance or skill is a question of fact to be decided on the facts and circumstances of each case.

There is no licensing regime for games of skill at a federal level. These games operate under the exclusion for games of skill. Certain games have been specifically recognised as games of skill under the Nagaland Act. Accordingly, even games of skill cannot be offered in Telangana. The amendments introduced by the Ordinance appear to be very similar to the amendments introduced to the Telangana Amendment Act.

The exemption for games of skill which formerly existed under the AP Act has also been substituted by a provision giving the AP Act overriding effect. Accordingly, games of skill appear to be prohibited by the AP Act. Under the Indian Constitution, an ordinance has the same effect as an Act of Legislature of the State Government, however such ordinances are required to be laid before the State Legislature for confirmation by passing a resolution to this effect.

An ordinance would lapse if 1 it is not confirmed within six weeks of the re-assembly of the State Legislature, or 2 a resolution disapproving it is passed by the Legislative Assembly of the State and agreed to by the Legislative Council. Therefore, the AP Ordinance has the force of law unless either 1 or 2 occur in the next sitting of the State Legislature, the dates of which have not been released as of yet. There is a possibility that the AP Ordinance could be challenged in court.

The PCA was enacted to regulate certain types of competitions. In the case of R. However, due to the types of games covered under the PCA i. Certain other laws that would apply to gaming activities have been discussed in question 2. As games which are predominantly chance-based, casino games are treated as betting and gambling activities, and are therefore prohibited under most Gaming Enactments.

It can be argued that certain variations of poker are games of skill for the purpose of most Gaming Enactments. Accordingly, such games should be permitted to be offered in most Indian States with an exemption for games of skill. Ltd v. Accordingly, poker is currently prohibited in Gujarat. However, an appeal has been filed against this order and is pending before the High Court. For a discussion on lotteries, please refer below. However, if it is betting on casino games, please refer above.

If it is sports or fantasy betting, please refer below. In the case of Dr. K R Lakshmanan v. However, the Horse Racing Exemption is subject to certain conditions under the Gaming Enactments, such as when wagering or betting takes place on the day on which the horse has run, in an enclosure which has been sanctioned by the State Government, etc.

In the case of online betting on real horse races, the conditions prescribed under the Horse Racing Exemption would need to be met. Turf Clubs regulate betting on physical horse races within their premises. One of the conditions which the Racing Exemption is subject to is that such betting takes place within an enclosure which Turf Clubs have set apart for betting.

Accordingly, betting on physical horse races must take place within the confines of Turf Clubs. Such betting would also be subject to the rules of the independent Turf Clubs. The above conditions would be difficult to meet in the case of online betting on horse racing products. However, one can argue whether a horse racing product is a game of skill independent of the Horse Racing Exemption. While arguably the treatment of betting on horse racing as a game of skill should apply to sports betting as well, currently the status of sports betting as a game of skill is sub judice in the Geeta Rani Case, as stated above.

Only the State of Sikkim permits sports betting. An operator must obtain a licence to offer such games under the Sikkim Act. Such games may be offered through the intranet within the State of Sikkim only. In most other States, law enforcement authorities seek to prosecute players engaged in sports betting.

It can be argued that certain versions of fantasy sports games are preponderantly skill-based games in the Indian context. Accordingly, such games can be treated as exempted under the Gaming Enactments. Thereafter, the High Courts of Bombay and Rajasthan also recognised that the same format of fantasy sport was a game of skill in Gurdeep Singh Sachar v. The State of Rajasthan , respectively. However, as of September 8, , there has been a stay order imposed on the judgment of the High Court of Bombay by the SC.

Accordingly, the SC may examine this issue now. The Nagaland Act expressly recognises virtual team selection games and virtual sport fantasy league games as games of skill. If such games are sought to be offered online in the State of Nagaland, a licence would be required. The Lottery Laws permit State Governments to organise, conduct or promote a lottery, subject to certain conditions, as stated above.

Some States regulate physical lotteries such as Sikkim , and lotteries have been banned in certain States such as Madhya Pradesh. Some States specifically provide for online lotteries such as Punjab. Section A of the IPC specifically prohibits private lotteries. Certain other States have introduced legislation expressly banning lotteries in their States e. As stated above, games of skill are exempted from the prohibitions under most Gaming Enactments. Arguably, such games can be offered in both land-based and digital form in all the States in which there is such an exemption.

Only the Nagaland Act has enacted a licence regime to regulate the online versions of such games. The SC has recognised certain games as games of skill, such as betting on horse racing and the game of rummy. The issue of whether sports betting is a game of skill or not is before the SC.

Depending upon the type of product, and the medium through which the Relevant Product is sought to be offered, licences may be required for certain products. We have mentioned these below:. In so far as betting on horse races online is concerned, there are also no licences required. Based on the Lakshmanan Case, it can be argued that such games are games of skill and exempt under most Gaming Enactments. Innovative structures can be put in place for a foreign operator to offer such games.

In the case of betting on physical horse races, the conditions under the Horse Racing Exemption would need to be fulfilled. As stated above, the question of whether sports betting is a game of skill is pending before the SC in the Geeta Rani Case. Only the State of Sikkim offers a licence to offer sports betting through the intranet within the State of Sikkim only. There are only a small number of States in India that allow operators to conduct gambling activities under a licensing regime.

For brevity, we have only highlighted key points below:. Sikkim has also enacted the Sikkim Act and Rules under which licences are granted to offer intranet games of: a roulette; b blackjack; c pontoon; d punto banco; e bingo; f casino brag; g poker; h poker dice; i baccarat; j chemin-de-fer; k backgammon; l keno; m super pan 9; and n other sports games which involve the prediction of results of sporting events and placing a bet on the outcome, in part or whole, of such sporting event.

As per the Sikkim Act and Rules, the licensee must be a company incorporated in India, and must operate only in Sikkim. The licensees must be entities incorporated in India, have a substantial holding stake in India, and have no criminal history; and the licence is only issued to those entities which have no interest in online or offline gambling activities in India or abroad.

The eligibility above should be read in conjunction with the criteria covered in question 2. The Empanelled Firms will then revert with either their certification or recommendations to the applicant within 30 days. These committees are required to make their recommendations within two weeks. The Nagaland Authority will then issue the licence to the application within 14 days of receipt of certification of the Empanelled Firms.

Additional points to note are as follows:. Please include in this answer any material promotion and advertising restrictions. In addition to our response to question 2. These restrictions, however, should not apply to skill games. The IPC prohibits advertisements for lotteries, unless they comply with the provisions of the Lottery Laws. The advertising of prize competitions is prohibited, unless it has been duly authorised by the relevant authority.

For example:. The advertising of gambling is regulated by the Telecom Commercial Communications Customer Preference Regulations, , which prohibit unsolicited commercial communications to persons that have opted out of receiving them. These Regulations also provide that telemarketing can only be carried out by operators that have obtained a licence from the Telecom Regulatory Authority of India.

This code prohibits the propagation of products, the use of which is banned under the law. However, in cases where the winnings are wholly in kind or partly in cash and partly in kind and the cash component is insufficient to honour the withholding obligation in respect of whole of the winnings, the payor is required to ensure that the tax at the above rate is paid before the release of the whole winnings to the payee.

A new tax has been imposed which is chargeable on online services or goods supplied by offshore e-commerce operators to Indian residents or persons accessing such platforms through an Indian IP address. The question of the applicability of this tax to offshore gaming operators can also arise and based on the specific facts of the game model, it may be possible to argue that this tax should not apply.

There are certain de minimus thresholds notified below which the gross income is not subject to this tax. Further, games offered under direct betting models where the players bet against the house constitute actionable claims.

Actionable claims relating to games of skill are not subject to GST. On the other hand, games offered under the peer-to-peer model where the players bet against each other and the gaming company merely provides the platform for facilitating such betting constitute provision of services by the gaming company. If there is sufficient human intervention in the provision of the services, such as live casinos for instance, such services should not qualify as OIDAR and accordingly should not be taxable.

Please note that to ascertain the taxability, rate of taxation and the correct tax base, the exact nature of the product offering should be analysed. The outcomes would differ also based on whether the operators are based in India or are conducting such activities from outside of India.

Most Gaming Enactments do not prescribe social responsibility requirements for gaming operators, since they have been enacted to prohibit gaming activities. However, in the absence of regulation, the gaming industry in India has taken the initiative to self-regulate and prescribe standards for social responsibility.

Does your jurisdiction permit virtual currencies to be used for gambling and are they separately regulated? Under the PMLA, entities carrying out the activities for playing games for cash or kind including casinos are also required to adhere to the provisions of the PMLA.

As per Section 12 of the PMLA, reporting entities are required to maintain records of transactions and documents evidencing the identity of their clients in accordance with the Rules. Processing functions typically involve clearing, payment and settlement, which constitute the core functions of a payment system as per the definition under the PSS Act.

Accordingly, payment service providers offering services to gaming operators may need to obtain authorisation from the RBI depending upon the types of functions that they undertake. Payment gateways and closed loop wallets are not treated as payment systems. Hence, the same valuation and declaration of such accounts should be made by persons as in the case of a bank account, in order to comply with certain tax compliance requirements under the Black Money Act.

Please refer to our response to question 3. All of the laws above, especially the IT Act, would be applicable. Excluding the Nagaland and Sikkim Acts, the Gaming Enactments are pre-internet pieces of legislation and were not amended after the advent of the internet. In these enactments, gaming in a common gaming house is prohibited, and they do not distinguish between physical and online offerings.

There are primarily two schools of thought:. As discussed in our response to question 1. The liability for offences under the Gaming Enactments usually vests upon:. Under FEMA, the onus of compliance is on the Indian resident party making the remittance outside India and not the foreign party receiving the remittance.

Under the IPC, the abetment of offences is also prohibited. Abetment has been defined as intentionally aiding such offences, whether by acts or illegal omissions. USD 2. USD 1. The Bombay Prevention of Gambling Act, imposes a fine and imprisonment for offenders. A first offence is punishable with a fine and imprisonment of at least INR approx.