Penalties under Legal Metrology Act – A Detailed Analysis
krishna kumar | Updated: Jul 15, 2022 | Category: Legal Metrology
Legal Metrology describes regulations for controlling measurements and measuring devices. It also helps to protect the environment, public safety, customers and traders and is significant to fair trade. Metrology is governed or managed by the Legal Metrology Act, 2009 in India, which repeals the Standard Weights & Measures Act, 1976 and the Standards of Weights & Measure (Enforcement) Act, 1985. Still, there are different offences and penalties under Legal Metrology Act, 2009 that we will discuss in this article.
Table of Contents
The objective of the Legal Metrology Act
The following are the primary purpose of the Legal Metrology Act:
- To adopt weights & measure trade and commerce.
- To introduce and enforce weight and measurement standards.
- Weights, measurements, or numbers are used to adapt product manufacturing, sale, and usage.
- To rationalise the Indian Metric process (meter, kilogram, etc.)
Role of Legal Metrology Act
Before knowing about various penalties under Legal Metrology Act[1], first, we see the role of Legal Metrology:
- Establishing the Law;
- Supervising the Law;
- They are facilitating traceability for measurement and measuring devices.
Note: Legal Metrology compliments industrial & scientific means and gives a hand in the practical application of measurements within the community.
Penalties under Legal Metrology Act
Following are the different penalties under Legal Metrology Act:
| Penal Section | Offences | Penalties under Legal Metrology Act |
| Section 25 | Section 8(3) – Use weight, measure/numeration other than the standard weight, measure or enumeration. | Shall punish with a fine which may extend to Rs.25000/- and for the second time, imprisonment for a period which may extend to 6 months and with a fine. |
| Section 26 | Section 26 – Alteration of weight & measure | Shall punish with the fine of Rs.50000/- and for the second time, imprisonment for 6 months, which may extend to 1 year with a fine. |
| Section 27 | Section 8(4) – Manufacture of weight or measure not conforming to standards | Shall punish with the fine of Rs.20000/- and for the second time, imprisonment for a period which may extend to 3 years with a fine. |
| Section 28 | Section 10 – Dealing, contract, or transaction concerning items etc., by weight, measure, or numeration than prescribed | Shall give punishment with a fine of Rs.10000/- and for the second time, imprisonment for a period that may extend to 1 year with a fine. |
| Section 29 | Section 11 – Quote/make announcement/problem/ exhibit of price list/changing price than by a standard unit of weight, measure, or number. | Shall give punishment with a fine of Rs.10000/- and for the second time, imprisonment for a period that may extend to 1 year with a fine. |
| Section 30 | Section 12 – Demanding or Receiving any articles or thing on service in excess or less than the quantity specified by contract/agreement. | Shall give punishment with a fine of Rs.10000/- and for the second time, imprisonment for a period that may extend to 1 year with a fine. |
| Section 31 | Section 17 – Maintenance of records, registers by manufacturer, repairer/dealer, weight production, measure document and register on demand. | Shall give punishment with a fine of Rs.5000/- and for the second time, imprisonment for a period that may extend to 1 year with a fine. |
| Section 32 | Section 22 – Failure to get Model Approved | Shall give punishment with a fine of Rs.20000/- and for the second time, imprisonment for a period that may extend to 1 year with a fine. |
| Section 33 | Section 24 – Use of unverified weight or measure | Shall give punishment with a fine of Rs.2000/- which may extend to Rs.10000/- and for the second time, jail for a term of 1 year with a fine. |
| Section 34 | Section 34 – Sale or parcel of commodities, etc., by non-standard weight or measure | Shall give punishment with a fine of Rs.2000/- but which may be extended to Rs.5000/- and for the second time, with imprisonment for a term of 3 months but which may extend to 1 year with a fine. |
| Section 35 | Section 35 – delivering services by non-standard weight/measure/numeration | Shall give punishment with a fine of Rs.2000/- but which may extend to Rs.5000/- and for the second time, with imprisonment for 3 months to 1 year and a fine. |
| Section 36(1) | Section 18(1) – Selling of non-standard packages | Shall give punishment with a fine of Rs.25000/- but which may extend to Rs.50000/- and for the second time, with a fine of 50000/- which may extend to 1 Lakh or imprisonment for a term 1 year with fine. |
| Section 36(2) | Section 18(2) import, manufactures or causes to be manufactured, packed, or imported ant pre-packed commodity with error in net-quantity. | Shall give punishment with a fine of Rs.10000/- or imprisonment for 1 year or with both. |
| Section 37 | Section 37 – Contravention through to Government approved Test Centre | Shall give punishment with a fine of up to Rs.1000/-, which may extend to Rs.1 Lakh. On the other hand, a shell provides punishment with imprisonment for a year term of 1 year with a fine. |
| Section 38 | Section 19 – Non-registration by the importer of weight or measure | Shall give punishment with a fine of Rs.25000/- and for the second time, imprisonment for a term of 6 months. |
| Section 39 | Section 20 – Import of non-standard weight or measure | Shall give punishment with a fine of Rs.50000/- and, for the second time, jail for a period that may extend to 1 year. |
| Section 40 | Section 15 – Obstructing Director or Legal Metrology Officer or Controller | Shall be punished with jail for 2 years and for the second time, with jail for a term of 5 years. |
| Section 41 | Section 41 – Giving incorrect details or a false return. | Shall give punishment with a fine of Rs.5000/- and, for the second time, with imprisonment for a term of 6 months Shall give punishment with a fine of Rs.5000/- and for the second time, jail for a period that may extend to 1 year with a fine. |
| Section 42 | Section 42 – Vexatious Search | Shall be punished with jail for a term which may extend to 1 year or with a fine of Rs.10000/- or both. |
| Section 43 | Section 43 – authentication in Contravention of Act and Rules | Shall be punished with jail for 1 year or a fine of Rs.10000/- or with both. |
| Section 44 | Section 44 – Counterfeiting seals, etc. | Shall give punishment with jail for a term of 6 months but which may extend to 1 year, and for the second time, imprisonment for a period of 1 year, which may extend to 5 years. |
| Section 45 | Section 23 – Manufacturer of weight or measure without a license | Shall give punishment with a fine which may extend to Rs.20000/- and for the second time, jail for a term which may extend to one year with a fine. |
| Section 46 | Section 23 – Sale/Repair of weight/Measure without a license | Shall give punishment with a fine of Rs.5000/- and for the second time, with jail for a term of 1 year with a fine. |
| Section 47 | Section 47 – Tampering with License | Shall give punishment with a fine of Rs.20000/- and for the second time, with jail for a term of 1 year and fine. |
| Section 49 | Section 49 – Offences by Companies | Shall be liable to be a delivering appeal against and punished and the power of the court to publish the name, business place, etc., of companies convicted. |
| Section 52(3) | Section 52(1) – Provision of rule made under the Act. | In making a rule in this Section, the Central Government may provide that a violation thereof shall give punishment with a fine of Rs.5000/-. |
| Rules 32(2) under Legal Metrology (Packaged Commodities) Rules, 2011 | Rule 18(2) 0f Legal Metrology (Packaged Commodities) Rules, 2011 – Sale of any packed form commodity at a price exceeding the MRP. | Shall give punishment with a fine of Rs.2000/- |
| Rules 32(2) under Legal Metrology (Packaged Commodities) Rules, 2011 | Rules 18(5) under Legal Metrology (Packaged Commodities) Rule, 2011 – obliterate smudge change the MRP shown by the packer, importer or manufacturer | Shall give punishment with a fine of Rs.2000/- |
| Rule 32(1) of Legal Metrology (Packaged Commodities)Rules,2011 | Rule 27 to 31- Non-registration of packers, importers, and manufacturers of packed commodities | Shall give punishment with a fine of Rs.4000/- |
| Section 53(3) | Section 53(1)– Provision of Rule made under the Act. | In forming any rule in this Section, the Central Government may provide that a violation thereof shall punish with a fine of Rs.5000/-. |
Conclusion
The regulation for controlling measurements and measuring devices is facilitated under the Legal Metrology Act. Moreover, it encourages the protection of the environment, public safety, customers and traders and is significant to fair trade. In addition, those who breach the Law & rules of this Act will be liable for penalties under Legal Metrology Act.
