Chapter I - Preliminary
Section 3
Section 3: Provisions of this Act to override provisions of any other law
Section 3 gives the Act priority where another enactment or instrument is inconsistent with it. It does not remove compatible obligations under other laws.
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Need advice on Section 3?
This article is for general information. Refer to the Legal Metrology Act, 2009 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
Introduction
The override is a priority rule for an actual inconsistency involving another enactment or an instrument having effect under another enactment. It does not create a general exemption from consumer, safety or tax law.
Use section 3 only after identifying a concrete duty elsewhere in the Act.
Key takeaways
Scope and trigger
The override is a priority rule for an actual inconsistency involving another enactment or an instrument having effect under another enactment. It does not create a general exemption from consumer, safety or tax law.
Operational step
Set the two operative texts side by side, identify the precise conflict, and document why they cannot both be followed. If both can operate, comply with both and check any rule made under this Act.
Limit
A mere difference in subject matter or stricter compatible obligation is not necessarily inconsistency. Section 3 also does not resolve factual disputes over measurement or supply.
Who and what it covers
The override is a priority rule for an actual inconsistency involving another enactment or an instrument having effect under another enactment. It does not create a general exemption from consumer, safety or tax law.
Use section 3 only after identifying a concrete duty elsewhere in the Act.
How to apply it
Set the two operative texts side by side, identify the precise conflict, and document why they cannot both be followed. If both can operate, comply with both and check any rule made under this Act.
Identify the specific inconsistent provisions before relying on the override. Continue to check product, safety, tax and consumer requirements that can operate alongside metrology law.
Boundary and exceptions
A mere difference in subject matter or stricter compatible obligation is not necessarily inconsistency. Section 3 also does not resolve factual disputes over measurement or supply.
Hypothetical example
Hypothetical: an internal contract asks for a non-standard measurement method. The parties cannot assume the contract displaces an inconsistent Act requirement.
Practical preparation
Identify the specific inconsistent provisions before relying on the override. Continue to check product, safety, tax and consumer requirements that can operate alongside metrology law.
Primary sources
The statutory text is drawn from the official Act copy.
Practical checklist
Do
- Write down the two provisions alleged to conflict.
- Explain precisely why simultaneous compliance is impossible.
- Keep complying with compatible obligations from both laws.
Avoid
- Do not treat section 3 as dispensing with its stated conditions, exceptions or prescribed details.
Glossary
- Inconsistency
- A conflict in legal requirements that cannot be reconciled by applying both provisions.
- Prescribed
- Set by rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Does section 3 cancel every other product law?
No. Its effect is limited to an inconsistency with this Act.
Does section 3 make every other law irrelevant?
No. The override operates where a provision of another enactment or qualifying instrument is inconsistent with this Act.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026