As we all are very well aware that various workshops have been conducted by the Legal Metrology department and by the union minister in which the ministers of all the states were respectfully invited to participate in the discussion of decriminalisation of legal metrology act.
Several states have been actively participating in the discussion and also many states have been actively participating to be indeed part of the discussion of the Legal Metrology act to decriminalise the same.
There are both pros and cons of every decision and every amendment takes place but the proposed amendments speed turned or made by considering the interest of the business and also by not ignoring the interests of the consumer.
In this article, we are going to talk about all the provisions of legal metrology after which the amendment has been proposed along with their current punishment. Also here we are going to discuss the rationale for decriminalisation.
Provision and Proposed Amendments for Penalties
There are numerous proposed amendments for decriminalising the LMA provisions. You all can easily understand about the current punishment for the violation of the Provisions of the Act and about the proposed amendments in the punishment for the violation of the Act and the Rules with the help of the chart given below:
S. no. Provision Current Punishment Proposed Amendments
1.
Section 33
Penalty under Legal Metrology for use and sale of unverified weights or measures
For the second or subsequent offense:
Imprisonment up to one year and
with fine
Penalty up to rupees two lacs.
If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant
2.
Section 34
Penalty for sale or delivery of commodities etc. by non-standard weights and measures.
For the second or subsequent offense:
Imprisonment from three months to one year, or
fine, or
both.
Penalty up to rupees two lacs.
If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant.
3.
Section 35
Offences and Penalty under legal metrology for rendering services by non-standard weights or measures or numbers
For second or subsequent offense:
Imprisonment from three months to one year, or
Fine, or
Both.
penalty up to rupees two lacs.
If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant.
4.
section 36 (1)
penalty for selling of non-standard packages declarations
for the second offense:
fine up to rupees 50,000.
For subsequent offense fine from rupees 50,000 to rupees one Lac or
with imprisonment up to one year or
both
Penalty up to rupees two lacs.
If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant.
5.
Section 36 (2)
Penalty fot selling non-standard packages quantity
For the second or subsequent offense
Find up to rupees one Lac, or
with imprisonment up to one year, or
both
Penalty up to rupees two lacs.
If compounding of offense is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant.
6.
Section 37 (1)
Penalty for contravention of act or rules or conditions of licence by GATC
Fine up to rupees one Lac
Penalty up to rupees two lacs.
If compounding of offence is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant.
7.
Section 37 (2)
Penalty for verification of any weight or measures in contravention of act or rules by GATC
Imprisonment up to one year, or
Fine up to 10,000 or both
Penalty up to rupees two lacs.
If compounding of offence is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant.
8.
Section 38
Penalty for non-registration by importer of weights and measures
For second or subsequent offence:
By imprisonment of up to six months, or
With fine, or
Both
Penalty up to rupees two Lac.
If compounding of offence is not done after this stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant.
9.
Section 39
Penalty for import of non-standard weights and measures.
For a second or subsequent offence
Imprisonment up to one year and
Fine
Penalty up to rupees two lacs.
If compounding of offence is not done after this stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant.
10.
Section 41 (1)
Penalty for giving false information
For a second or subsequent offence:
Imprisonment up to six months and
also with fine
Penalty up to rupees two lacs.
If compounding of offence is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant.
11.
Section 42
Vexatious search
Imprisonment for up to one year or
with fine up to rupees 10,000 or
Both
Penalty up to rupees two Lac
12.
Section 43
Penalty for verification in contravention of acts and rules.
Imprisonment for up to one year or
With fine up to 10,000 or
Both
Penalty up to rupees two lacs
13.
Section 45
Penalty for manufacturer of weights and measures without licence
For second or subsequent offence:
Imprisonment up to one year or
With fine or
Both
Penalty up to rupees two lacs.
If the compounding is not done after the appeal stage, then the process of cancellation of licence issued by the central or state government will be initiated with information to the applicant.
14.
Section 46
Penalty for sale/ repair of weight or measure without licence
For second or subsequent offence:
Imprisonment up to one year or
With fine or,
Both
Penalty up to rupees two lacs
If the compounding is not done after the stage of appeal then the process of cancellation of licence issued by the state or central government could be initiated with information to the applicant.
15.
Section 47
Penalty for tampering with licence.
Fine up to rupees 20,000
With imprisonment up to one year or both.
Penalty up to rupees two lacs.
If the compounding is not done after the appeal stage, then the process of cancellation of licence issued by central or state government will be initiated with information to applicant.
16.
Section 52 (3)
In making any rules, the state government may provide that a breach thereof shall be punishable with fines
Fine up to rupees 5000
Fine up to rupees two lacs
Also you can check out the Central Government for graded penalty.
