As you know, adhering to the legal compliances are important. Every person dealing in weight or measures or weights and measuring instruments. With the increase in compliances, it becomes difficult to perform and abide by all the legal compliances on your own. Penalties for Non-Compliance under Legal Metrology Act can cause difficulty for you if you are dealing with non-standard weight or measure in any way. Let us dive into the post to understand what exactly the consequences could be for committing an offence under legal metrology regarding non-standard use of weight and measure.
Types Of Penalties for Non-Compliance under Legal Metrology Act
The Legal Metrology Act imposes problems on individuals and businesses that violate its provision. The penalties can range from monetary fines to imprisonment based on the seriousness of the offense.
- Fines – Entities can face fines for non-compliance that may differ because of the nature of the violation. Fines can be imposed for wrong labeling, selling goods without complete packaging, and failing to give the right measurements.
- Imprisonment – In more serious cases of non-compliance, imprisonment may be ordered. The penalty for violation ranges from 6 months to 1 year.
- Product Seizure – The authorities may seize items that do not comply with the Legal Metrology Act, particularly if they are discovered to be misbranded or incorrectly labeled.
These penalties aim to prevent fraudulent practices and save consumer rights by making sure that products sold in the market meet legal and safety standards.
How Does the Legal Metrology Act Enforce Penalties for Incorrect Labelling and Packaging?
Inaccurate labeling and packaging are some of the common violations under the Legal Metrology Act. The Act mandates that every item sold in India should be rightly labeled with correct details about the weight, volume, and quantity. Non compliance can lead to serious penalties, including fines and the product recalls by the authorities.
The enforcement of penalties includes an inspection by the Department of Legal Metrology, which examines whether the labelling and packing follow the rules. If violations are found, the authorities can take instant action by imposing fines, and seizing the product until they follow the needed standards.
What are the Consequences of Selling Goods Without Proper Measurement Standards?
Selling goods without following proper measurement standards can result in serious problems like inaccurate measurement which can mislead consumers. Falses weighed or measured are subject to Penalties for Non-Compliance under Legal Metrology Act. Consequences include:-
- Fines
- Product Seizure
- Reputational Damage
What is the Fine Structure for Violations of the Legal Metrology Act?
The fine structure under the Legal Metrology Act differs based on the types and the intensity of the violations. The fines generally range as listed:-
- Minor Violation – For small infractions like wrong labeling or minor packaging issues, fines may range from INR 25,000 to INR 50,000.
- Serious Violation – For more significant violations, like selling items with incorrect measurements, fines can go up to INR 50,00,000 or sometime more.
- Repeat Offenders – Entities that frequently violate the regulations may face higher fines, and authorities may also revoke their licences or suspend their operations.
What Type of Non-Compliance Can Lead to the Seizure of Goods Under the Legal Metrology Act?
Goods can be seized under the Legal Metrology Act, if they are found to violate labeling, packaging, or measurement rules. General types of non-compliance that can result in product recalls include:
- Incorrect Measurement – Products that are misbranded or labeled with the wrong weight or quantity.
- Non-Standard Packaging – Items that fail to meet legal packaging standards, like incorrect dimensions, or improper information.
- Sale of Uncertified Goods – If items that need certification for example packaged food, medicines) are sold without the approval, they can be seized.
Never Use, Manufacture or Sale Non-Standard Weight or Measure.
Using, manufacturing or selling any weight or measure which is not up to the mark by the standards of legal metrology act, is not allowed. It is a punishable offence under Legal Metrology Act 2009. It may attract heavy penalties and imprisonment.
| Type of offence | Departmental level | Court of Law | Penalties |
|---|---|---|---|
| Using non-standard product | Rs. 2500 | Up to Rs. 25000 | Up to 6 months imprisonment and also with fine up to Rs. 25000. |
| Manufacturing or selling non-standard products | Rs. 2000 | Up to Rs. 20000 | Up to 3 years imprisonment or fine of Rs. 20000 or both. |
Also, never use unverified weight or measure. It may attract a penalty of Rupees not less than 2000 and may extend to Rs. 10000 and imprisonment thereof.
No Alteration Allowed
Alteration or tampering with any weight or measure to deceive any person is a punishable offence. It may invite heavy penalties.
Exception:- Alteration for making any correction of error identified on verification.
No Quoting or Publishing of Non-Standard Units
No person shall quote or announce any non-standard unit of weight or measure. Violation of section 11 of the Legal Metrology Act is punishable with a fine extending to imprisonment or both.
No Deal or Contract in Non-Standard Weights
Any transaction done, deal made or contract entered in contrary to the standards prescribed under section 10 of legal metrology act, is a punishable offence.
It also includes demanding or receiving any product in excess or less than the quantity specified by the contract.
Cadbury India Limited was found accused of violating the section 11 of Legal metrology act 2009. It was stated that they have violated the section 11 of the act by using the certain expression, which is a non-metric system of length, in their advertisement of 5-star chocolate.
On the contrary Cadbury India Limited filed a writ petition in Hon’ble High Court of Karnataka.
Non-Production of Documents
Any person who fails to produce or submit any documents or keep the record of any documents, as obligatory by the Director, Controller or any legal metrology officer, without any genuine reason, is punishable under the Legal Metrology Act 2009.
Fine up to Rs. 5000 and for the second time, it may result in imprisonment of up to 1 year. Both fines and imprisonment are also applicable as decided by the Hon’ble Court of Law.
Penalties For Unverified Models As Per Legal Metrology Act
If you fail to get your model approval certificate or use any unverified model of weight or measure shall be punished with a fine as follows:
| Offence | Fine |
|---|---|
| For subsequent offences, Imprisonment which may extend to 1 year. | Fine which may extend to Rs. 20,000. |
| Use of any unverified model | Fine not less than Rs. 2000, may extend to Rs. 10,000. |
Note: For subsequent offences, Imprisonment may extend to 1 year.
Penalties For Non-Standard Packages Under Legal Metrology Act
Be aware if you’re selling or rendering any services by non-standard weight or measure. Any person who sells any commodity or renders any services by non-standard measures is punishable under sections 34 and 35 of Legal Metrology Act 2009.
Also, Manufacturing, packing, selling & Importing of any non-standard packages is not allowed. Pre-packed commodity without any declarations mentioned on it, shall not be entertained. The penalties are as follows:
| Offence | Fine imposed | Subsequent offence |
|---|---|---|
| As per section 34, Penalty for sale or delivery of commodities, etc., by non-standard weight or measure Or Penalty for rendering services by non-standard weight, measure or number. | Rs. 2000- Rs. 5000 | Imprisonment of 3 Months -1 Year |
| Penalty for selling, etc., of non-standard packages. | < Rs. 25,000 and for second time it may extend to Rs. 50000 | Rs. 50,000-Rs. 1,00,000 OR Imprisonment OR BOTH. |
Penalties For Obstructing the Officers Of Legal Metrology
Never interrupt the Director, controller or any officer, to obstruct him from performing his duties and powers of legal metrology. It follows a direct imprisonment.
- First offence- Imprisonment up to 2 years.
- Next offence- Imprisonment up to 5 years.
- Any false records presented to legal metrology Director, Controller or officer shall be punishable with the fine upto Rs. 5000 OR imprisonment upto 6 months OR both, as the case may be.
- Non-compliances under legal metrology can attract heavy penalities and even imprisonment. One needs to be aware of all the consequences for violating laws under legal metrology.
How Can Sellers Avoid Fines Under the Legal Metrology Act?
To avoid fines and penalties under the Legal Metrology Act, sellers have to follow these important points:-
- Assure Correct Labelling and Packaging – Examine that product labels give the correct details related to weight, volume, quantity, and manufacturing/expiry dates.
- Comply with Measurement Standards – Daily checks of calibration of measuring equipment and to assure products are weighed or checked correctly.
- Get Necessary Certification – Certain items, mainly packaged goods, need certification from regulatory bodies such as the Bureau of Indian Standards (BIS). Ensure all certifications are in place.
- Conduct Regular Audits – Daily internal audits can assist in making sure that all products follow legal metrology regulations.
Conclusion – Penalties for Non-Compliance under Legal Metrology Act
The Legal Metrology Act is a necessary framework for ensuring fairness, transparency, and consumer protection in the market. Non-compliance with its provision can lead to severe penalties, ranging from fines to imprisonment, and also the seizure of goods. Sellers should confirm they understand and follow the regulations to prevent penalties and maintain trust among consumers. By continuing accurate labeling, packaging, and measurement standards, entities can thrive within the regulatory environment and avoid the risk of legal consequences.
What is the Maximum Fine for Violation Under the Legal Metrology Act?
The maximum fine can range up to INR 5,00,000, based on the nature and seriousness of the violation.
How Long Does It Take for Authorities to Enforce Penalties?
The enforcement timelines usually vary as it depends on the violation, however, companies can face immediate fines or item seizure subsequently after an inspection.
