Why Does The Legal Metrology Department Send Notices Of Violation?
The Legal Metrology Act, 2009 is a consumer Law, enacted for the protection of the consumers. This law has a very wide effect on almost all kinds of industries dealing with the provision of goods & services. The Legal Metrology Act deals with the:
- Regulation of weighing & measuring instruments in India.
- Regulation of the packaging of Pre-Packed Commodities in India.
The Legal Metrology Lawyers and Consultants at ELT are well read and experts on the subject. They understand that the Legal Metrology Department generally sends the Notice of violation for the non-compliance of the above stated regulations.
Violation in regards to packaging of Pre-Packed Commodities in India
Normally any product bought by the consumer is always in pre-packed form which attracts the provisions of Legal Metrology Pre-Packed Commodities Rules (LMPCR), 2011. Now a days, very frequently the manufacturers, importers, e-commerce operators are receiving the Notices from the Legal Metrology Department of different states, pointing out the violation of labelling rules.
Under the LMPCR, the Law has prescribed certain mandatory declarations to the mentioned on the package of the Pre-Packed Commodities like name & address of manufacturer, month & Year of manufacturing, Maximum Retail Price, Customer Care details, net quantity and size, name of the product etc. The declarations to be done varies from product to product. The declarations in the case of imports are different from the declarations of manufacturing.
Collectively, lakhs of notices are issued every year under the LMPCR by Central & State Governments and it is also a source of collecting great revenue for the Government. Whenever you received any notice from the Legal Metrology Department alleging the violation of labelling rules, it is always advisable to consult a Lawyer before any admission of offence and should always try to explore other legal remedies and options available with you.
Violation in regards to weighing & measuring instruments in India
If you are dealing with any kind of weighing & measuring instrument and you have non-complied in any of following manner:
- Import of weighing and measuring instrument without importer license u/s 19.
- Use of weighing and measuring instruments without valid model approval u/s 22.
- Prohibition on manufacture, repair or sale of weight or measures without license u/s 23.
- Non-compliance of verification and stamping of weight or measures u/s 24.
- Any other violations prescribed under the Law.
Provisions of Penalty and imprisonment under the Legal Metrology Law
The Act has prescribed various kinds of pecuniary penalties and has also set provisions of imprisonment in one or more of the following cases:
- Penalty for use of non-standard weight or measure
- Penalty for alteration of weight and measure
- Penalty for manufacture or sale of non-standard weight or measure
- Penalty for making any transaction, deal or contract in contravention of the prescribed standards.
- Penalty for quoting or publishing, etc., of non-standard units
- Penalty for transactions in contravention of standard weight or measure
- Penalty for non-production of documents, etc.
- Penalty for failure to get model approved
- Penalty for use of unverified weight or measure
- Penalty for sale or delivery of commodities, etc. by non-standard weight or measure
- Penalty for rendering services by non-standard weight, measure or number
- Penalty for selling, etc., of non-standard packages
- Penalty for contravention by Government approved Test Centre
- Penalty for non-registration by importer of weight or measure
- Penalty for import of non-standard weight or measure
- Penalty for obstructing Director, Controller or legal metrology officer
- Penalty for giving false information or false return
- Penalty for verification in contravention of Act and rules
- Penalty for counterfeiting of seals, etc.
- Penalty for manufacture of weight and measure without license
- Penalty for repair, sale, etc., of with and measure without license
- Penalty for tampering with license
How to deal with the Notices sent by the Legal Metrology Department?
To deal with the Legal Metrology Notices is quite tricky for any normal person. There are various things to be kept in mind while dealing with these Notices. To say, every state has its own Legal Metrology Enforcement Rules you must be well apprised of the rules of respective state from which you received the Notice. Further, it is important to note that under Legal Metrology many offences have serious repercussions if they are committed for second or more time.
Further it is important to note that under Legal Metrology any offence committed by the business entity is punishable for each Director, for which you need to strategically plan upon whom you can cast the responsibility, you can consult Legal Metrology Lawyers who can advise you over the same.
After the receipt of notice from the Legal Metrology Department, before the admission of offence you should always consider other legible alternatives available with you.
How to save yourself from the Legal Metrology Department?
To follow the law of land is the golden rule to save yourself from any punishment. At ELT Corporate, we believe to spread awareness and education among our clients, in pursuance of which experts at ELT have designed specialized training and seminars for its users. Further as our offering of solution to the industry we have made the specialized professional system of Legal Metrology Audit wherein we do the detailed exercise of understanding applicability of various provisions of Legal Metrology Laws on client business and offer them customized solutions for the same.