Penalties Under Legal Metrology Certificate

In India, legal Metrology Certificate lays down rules and regulations for measurement and measuring devices. It also prevents unfair trade practices, thereby protecting the environment, public safety, customers and traders. The legal Metrology rules are laid in accordance with the Legal Metrology Act,2009, which is a combination of Standard Weights & Measures Act, 1976 and the Standards of Weights & Measure (Enforcement) Act, 1985 along with some updated offences and penalties, which are discussed in this blog.

Objectives of the Legal Metrology Act

The legal Metrology Act aims to satisfy the following objectives through the issue of Legal Metrology Certificates:

1. Adopting weights and measures in trade and business.

2.Establishing and upholding weight and measurement norms.

3.To modify the production, sale, and use of a product, weights, measurements, or quantities are used.

4.To rationalise the use of metres, kilogrammes, and other metric units in India.

Penalties under Legal Metrology Act

1. Section 25 of the law deals with the use of weight, measure, or numeration other than the standard ones, and it imposes a fine of up to Rs. 25,000 as a punishment for such violation. For subsequent offenses, a person may face imprisonment for a period of up to 6 months, along with a fine.

Read this blog -: Understanding the Challenges Faced for LMPC Certificate in India

2. Section 26 addresses the alteration of weight and measure, and it prescribes a fine of Rs. 50,000 for the first offense. In case of a repeat offense, imprisonment for 6 months to 1 year may be imposed, along with a fine.

3. Section 27 pertains to the manufacture of weights or measures that do not conform to the established standards. It imposes a fine of Rs. 20,000 for the initial offense, and for subsequent violations, imprisonment for a period of up to 3 years, along with a fine, can be imposed.

4. Section 28 focuses on dealing, contracts, or transactions involving items using weights, measures, or numerations other than the prescribed standards. It mandates a fine of Rs. 10,000 for the first offense, and for subsequent violations, imprisonment for a period of up to 1 year, along with a fine, may be imposed.

5. Section 29 addresses the quoting, making announcements, exhibiting price lists, or changing prices using non-standard units of weight, measure, or number. It imposes a fine of Rs. 10,000 for the first offense, and for subsequent violations, imprisonment for a period of up to 1 year, along with a fine, can be imposed.

6. Section 30 deals with the demanding or receiving of articles or things in excess or less than the quantity specified in a contract or agreement. It imposes a fine of Rs. 10,000 for the initial offense, and for subsequent violations, imprisonment for a period of up to 1 year, along with a fine, may be imposed.

7. Section 31 focuses on the maintenance of records, registers by manufacturers, repairers, or dealers, related to weight production, measure documents, and registers. It imposes a fine of Rs. 5,000 for the first offense, and for subsequent violations, imprisonment for a period of up to 1 year, along with a fine, can be imposed.

8. Section 32 addresses the failure to obtain model approval. It imposes a fine of Rs. 20,000 for the first offense, and for subsequent violations, imprisonment for a period of up to 1 year, along with a fine, may be imposed.

9. Section 33 pertains to the use of unverified weights or measures. It imposes a fine ranging from Rs. 2,000 to Rs. 10,000 for the initial offense, and for subsequent violations, imprisonment for a period of 1 year, along with a fine, can be imposed.

10. Section 34 deals with the sale or parcelling of commodities using non-standard weights or measures. It imposes a fine ranging from Rs. 2,000 to Rs. 5,000 for the first offense, and for subsequent violations, imprisonment for a period of 3 months to 1 year, along with a fine, may be imposed.

11. Section 35 focuses on the delivery of services using non-standard weights, measures, or numerations. It imposes a fine ranging from Rs. 2,000 to Rs. 5,000 for the first offense, and for subsequent violations, imprisonment for a period of 3 months to 1 year, along with a fine, can be imposed.

12. Section 36(1) addresses the selling of non-standard packages. It imposes a fine ranging from Rs. 25,000 to Rs. 50,000 for the first offense, and for subsequent violations, a fine ranging from Rs.

13. 50,000 to Rs. 1 Lakh, or imprisonment for a period of 1 year, along with a fine, may be imposed.

14. Section 36(2) deals with the import, manufacture, or packaging of pre-packed commodities with errors in the net quantity. It imposes a fine of Rs. 10,000 or imprisonment for a period of 1 year, or both, as a punishment.

15. Section 37 addresses contraventions related to government-approved test centres. It imposes a fine of up to Rs. 1,000,000 or imprisonment for a period of 1 year, or both, as a punishment.

16. Section 38 focuses on the non-registration by importers of weights or measures. It imposes a fine of Rs. 25,000 for the first offense, and for subsequent violations, imprisonment for a period of 6 months may be imposed.

17. Section 39 pertains to the import of non-standard weights or measures. A fine of Rs. 50,000 is imposed for the first offense, and for subsequent violations, imprisonment for a period of up to 1 year may be imposed.

18. Section 40 addresses the obstruction of directors, legal metrology officers, or controllers. It imposes imprisonment for a period of 2 years for the first offense, and for subsequent violations, imprisonment for a period of 5 years may be imposed.

19. Section 41 focuses on giving incorrect details or false returns. It imposes a fine of Rs. 5,000 for the first offense, and for subsequent violations, imprisonment for a period of 6 months to 1 year, along with a fine, may be imposed.

20. Section 42 deals with vexatious searches and imposes imprisonment for a period of up to 1 year, or a fine of Rs. 10,000, or both, as a punishment.

21. Section 43 addresses authentication in contravention of the Act and Rules. It imposes imprisonment for a period of 1 year, or a fine of Rs. 10,000, or both, as a punishment.

22. Section 44 pertains to counterfeiting seals and imposes imprisonment for a period of 6 months to 1 year for the first offense. For subsequent violations, imprisonment for a period of 1 year to 5 years may be imposed.

23. Section 45 addresses the manufacturing of weights or measures without a license. It imposes a fine ranging up to Rs. 20,000 for the first offense, and for subsequent violations, imprisonment for a period of up to 1 year, along with a fine, may be imposed.

24. Section 46 deals with the sale or repair of weights or measures without a license. It imposes a fine of Rs. 5,000 for the first offense, and for subsequent violations, imprisonment for a period of 1 year, along with a fine, may be imposed.

Read this blog -: How to Obtain a Legal Metrology Certificate

25. Section 47 focuses on tampering with licenses. It imposes a fine of Rs. 20,000 for the first offense, and for subsequent violations, imprisonment for a period of 1 year, along with a fine, may be imposed.

26. Section 49 addresses offenses by companies, which can be punished by fines and the court's power to publish the name, business place, etc., of convicted companies.

27. Section 52(3) provides that violations of rules made under the Act can be punished with a fine of Rs. 5,000.

28. Rule 32(2) under Legal Metrology (Packaged Commodities) Rules, 2011, deals with the sale of any packed form commodity at a price exceeding the Maximum Retail Price (MRP), and it imposes a fine of Rs. 2,000 as a punishment.

29. Rule 32(2) under Legal Metrology (Packaged Commodities) Rules, 2011, along with Rule 18(5) under the same rules, addresses the act of obliterating, smudging, or changing the MRP shown by the packer, importer, or manufacturer. It imposes a fine of Rs. 2,000 as a punishment.

30. Rule 32(1) of Legal Metrology (Packaged Commodities) Rules, 2011, along with Rules 27 to 31, addresses the non-registration of packers, importers, and manufacturers of packed commodities. It imposes a fine of Rs. 4,000 as a punishment.

31. Section 53(3) provides that violations of rules made under the Act can be punished with a fine of Rs. 5,000.

32. These are the various sections, rules, and their corresponding punishments under the Legal Metrology Act and Rules.

Location: India

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