Offences and Penalty Under Legal Metrology

Offences and Penalty Under Legal Metrology

There are different kinds of offenses committed by the manufacturer repair, importer, and Packer while dealing with the package commodities in the Indian market while dealing in the Indian Legal Metrology System. Also, it is necessary to register Pre-Packed Commodities. In this article, we are going to discuss the penalties and punishments of the different offenses committed by the offenders under LMPC Act.

Penalty for Use of Non-Standard Weight and Measure

The non-standard weight and measure can only be used for Scientific Research with prior approval from the concerned authority. Any person who uses any weight to measure, or to makes use of any number of non-standard weight or measures other than for Scientific Research shall be punishable with

  • Fine which may extend up to ₹25,000,
  • On the commencement of subsequent offense shall be punishable with imprisonment for a term which may extend to six months,
  • or both.

With the help of an LMPC expert You can protect yourself from the commencement of offense under the LMPC Act and its Penalty.

Penalty for Alteration of Weight and Measure

Any person who is the manufacturer, packer, or importer alters in any way:

  • Any reference standard,
  • Working standard,
  • Secondary standard,

Increase or decrease any way to measure with the motive to cheat any person knowingly to make any error on verification shall be furnished with the fine

  • Which may extend to rupees 50,000,
  • In case of a subsequent offense, shall be punishable with imprisonment for a term which shall not be less than six months and may extend up to one year, or
  • Both

Penalty for Manufacturing Non-Standard Weight or Measure

  • Any person who manufactures, sale, or exposes for sale of any weight or measure which:
  • Does not confirm the accurate standard of weight or measure
  • Have any inscription of weight or measure or number which does not conform the standard of weight measure or numeration specified under the act.
  • Manufacturing or selling of non-standard weight or measure shall be punishable with
    • Fine up to 20,000 rupees,
    • For the subsequent offense shall be punishable with imprisonment up to three years, or
    • Both

Penalty for Transaction Contradicts the Prescribed Standards

Any person whether manufacturer, dealer, importer, or Packer whoever makes any transaction, contract, or deal in contravention of the prescribed standards of weight and measures under the act shall be punishable with

  • A fine which may extend up to 10,000 rupees,
  • For a subsequent offense shall be punishable with imprisonment for a term that may extend up to one year, or
  • Both.

Penalty for Publishing Non-Standard Unit

Any person who is a manufacturer, importer, packer, or dealer violet the section 11 of the act by

  • Publishing,
  • Quoting any non-standard unit shall be punished with
    • Fine which may extend up to rupees 10,000, and
    • For the subsequent offense shall be punishable with imprisonment for a term which may extend up to one year, or
    • Both

Penalty for Transaction Contradicts Standard Weight or Measure

  • Any person who is a manufacturer or seller selling the weight or measure, or a number and delivering it to the consumer with the lesser quantity or quality for which the consumer has paid the amount shall be liable for the penalty under the act.
  • Any person rendering the service by weight or measure or number in a less amount than the service contract is paid for shall be liable for the penalty
  • In the above situation, the offender shall be liable for
    • The fine which may extend to rupees 10,000
    • For the subsequent offense shall be liable for the imprisonment which may extend to one year, or
    • Both

Penalty for Non-Production of Documents

Any manufacturer, importer, or seller of weight and measure is required to submit and maintain the various documents such as

  • Returns,
  • The record of register, etc. to the Director or the Controller of any Legal Metrology officer for inspection of any weight measure or any document fails to produce the document without any valid reason shall be liable for
    • The fine which may extend to rupees 5000
    • For the subsequent offense shall be liable with imprisonment for a term which may extend to one year, or
    • Both.

Penalty for use of Unverified Weight or Measure

Any person who sells distributes, delivers, or transfers any unverified weight or measure shall be liable for

  • The file which shall not be less than ₹2000, but
  • May extend up to 10,000 rupees,
  • For subsequent offenses shall be liable with imprisonment for a term which may extend to one year, or
  • Both

Penalty for Selling Non-Standard Packages

Any manufacturer, packer, importer, seller, distributor, transferrer, who offers, exposes or possesses for sale, distribute, deliver, transfer, any pre-commodities

commodity which does not have the LMPC declaration on the package as per the act shall be punishable with

  • Fine which may extend to rupees 25,000,
  • For a second offense shall be liable for the fine may extend to rupees 50,000
  • For a subsequent offense shall be liable for a fine which shall not be less than 50,000, but
  • May extend to rupees one Lac, or
  • With imprisonment for a term which may extend to one year, or
  • Both

Penalty for Contravention by Government-Approved Test Center

  • Where any Government-Approved test center contravenes any provision of the act or the conditions of the license shall be punishable with a fine which may extend to rupees one Lac.
  • In case of any owner or employee offers a LMPC Government-Approved Test Center under the obligation of the duty while performing the same, willfully verifies or stamps any weight or measure in contravention of the provision of the act he shall be
    • Punishable with imprisonment for a term which may extend to one year, or
    • A fine which may extend to rupees 10,000, or
    • Both

Penalty for Non-Registration by Importer of Weight or Measure

Any importer who imports the weight or measure in the Indian market. For an importer it is mandatory to apply for LMPC Service & Model approval of Imported goods. Without getting registered from the authorized authority shall be punishable with

  • File which may extend to Rs. 25,000,
  • For the subsequent offense he shall be punishable with imprisonment which may extend to six months, or
  • Both

Penalty for Giving False Information or False Return

Any person who furnished the false information to the Director or the Controller, or any Legal Metrology Officer and the officer believes the reason to be false, shall be punishable with

  • Fine which may extend to rupees 5000,
  • For subsequent offense shall be punishable with imprisonment for a term which may extend to six months, or
  • Both

Penalty for Verification in Contravention of Act

Where the Controller or any Legal Metrology officer while performing his duty willfully verifies or stamps, any weight or measure in contravention of the provision of the Act, shall be punishable with

  • The imprisonment which may extend to one year,
  • With a fine which may extend to rupees 10,000, or
  • Both.

Penalty for Manufacturing Weight or Measure Without License

Any manufacturer who weights or measures without obtaining the prior license from the prescribed authority shall be punished with

  • Fine which may extend to ₹20,000,
  • For the subsequent offense shall be punishable with imprisonment for a term which may extend to one year, or
  • Both
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