Penalties for Weights & Measures under Legal Metrology Act 2009

Legal Metrology Certificate

Penalties for Weights & Measures under Legal Metrology Act 2009

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The purpose of legal metrology is to make sure that instruments of weights and measures ensure accuracy and maintain quality as per the Indian legal metrology standards. However, not all individuals and entities show their compliance with the legal metrology standards. Have you wondered what happens to such individuals and entities? Well, they’re punished according to the provisions of the Legal Metrology Act (LMA) 2009. In this blog post, we’ll discuss the penalties for weights and measures under the LMA. 

About the Legal Metrology Act

The Legal Metrology Act 2009 was passed by the President in January, 2010. From 1st April, 2011 onwards, the Act and its provisions came into force. The purpose of LMA is to ensure transparency, precision and uniformity in weights, measures and packaging, promote fair trade practices and consumer protection. 

The Department of Consumer Affairs of the Ministry of Consumer Affairs, Food, and Public Distribution deals with the management of the Legal Metrology Act. It is the responsibility of both the center and states to ensure that rules and regulations related to weights and measures are maintained and implemented properly in the country.

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Penalties under LMA for Weights and Measures

The punishment for weights and measures have been defined in Chapter V titled ‘Offenses and Penalties’ of the Legal Metrology Act 2009 under sections 27, 32, 33, 38, 39, 45 and 46 of the Act. Let’s learn about each one of these sections:

Section 27

Section 27 explains the penalty for manufacture or sale of non-standard weight or measure. If an individual who is engaged in manufacturing or selling, offering, exposing or possessing for sale, any weight or measure which (i) does not match the standards of weight or measures specified in the Legal Metrology Act or (ii) has any inscription of weight, measure or number which does not match standards of LMA, unless allowed by the Act, will get punished with a fine up to Rs. 20,000. 

In case of subsequent offense, they can get imprisonment of up to 3 years or fine, or both.

Section 32

Section 32 of the Legal Metrology Act 2009 defines the penalty for failure to get the model approved. If an individual or entity fails or omits to submit a model of any weight or measure for approval, they shall be punished with a fine of up to Rs. 20,000. 

In case of second or subsequent offense, they shall be punished with imprisonment for up to 1 year along with fine.

Section 33

Penalty for use of unverified weight or measure instruments has been stated under Section 33 of the Act.

According to this section, any individual or entity engaged in sale, distribution, delivery or transfer or usage of any unverified weight or measure shall be liable for punishment with fine not less than Rs. 2000 and up to Rs. 10,000. In case of second or subsequent offense, they shall be punished with imprisonment for up to 1 year along with fine.

Section 38

S. 38 of the Legal Metrology Act imposes penalty for non-registration on importers engaged in importing weight or measure instruments. 

If an importer is found to be importing any weight or measure without obtaining importer registration under the Act, they shall be liable for fine which may extend up to Rs. 25,000. In case of second or subsequent offense, they shall be punished with imprisonment for up to 6 six months, or with fine, or both.

Section 39

The penalty for import of non-standard weight or measure has been explained under Section 39 of LMA. If an individual is found to be importing any non-standard weight or measure instrument, he shall be punished with a fine of up to Rs. 50,000. 

In case of second or subsequent offense, he shall be liable for imprisonment up to 1 year along with fine.

Section 45

Legal Metrology Act 2009, under Section 45, defines the penalty for manufacture of weight and measure without obtaining legal metrology license for the same. If any individual requiring this license under the Act or its rules, manufactures any weight or measure without being in this license’s possession, they shall be punished with a fine of up to Rs. 20,000. 

In case of second or subsequent offense, they shall be punished with imprisonment for up to 1 year, or with fine or both. 

Section 46

For repair, sale, etc., of weight and measure, the repairer license must be obtained. If the repairer fails to obtain this license, they shall be liable for penalty under Section 46 of the LMA 2009. 

According to this section, if an individual requiring to obtain this license repairs, sells or offers exposes or possesses for repair or sale, any weight or measure, without being in possession of this license, they shall be liable for a fine extending to Rs. 5,000. For second or subsequent offense, they shall be imprisoned for a term extending to 1 year, or with fine or both.

Conclusion

It is important for the individuals engaged in the business of weight and measure instruments to ensure compliance with the provisions of the Legal Metrology Act 2009. If they fail to ensure compliance, they can get fined or imprisoned under the Act.

 

 

Reference: Indiacode.nic.in

 

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