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Compounding of offences – Section 48 under Legal Metrology Act, 2009

calendar24 Apr, 2023
timeReading Time: 3 Minutes
Compounding of offences - Section 48 under Legal Metrology Act, 2009

The main objective of the Legal Metrology Act is to regulate the laws relating to measurements and measuring tools that have to be precise regarding actual measurements, reference material of instruments, instruments used for measurements, or the measuring framework which is required for characterisation, moderation, acknowledgement, or imitation of a unit of measurement. Section 48 under Legal Metrology Act, 2009[1] discusses the compounding of offences if any rules have been violated.

What is Section 48 under Legal Metrology Act, 2009?

Section 48 under Legal Metrology Act, 2009 discusses the compounding of offences.

  1. Any offence punishable under sec 25, sec 27 to 39, sec 45 to 47, or any rule made under sub-sec (3) of section 52 either before or after the institution of the prosecution, be compounded on payment for credit to the Government of such sum as may be prescribed.
  2. The Director or legal metrology officer, as may be specially authorised by him on this behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) of section 52.
  3. The Controller or legal metrology officer specially authorised by him may compound offences punishable under sec 25, sec 27 to 31, sections 33 to 37, sections 45 to 47, and any rule made under sub-sec (3) of section 52: Provided that such sum should not exceed the maximum amount of the fine, which is imposed under this Act for the offence so compounded.
  4. Nothing in sub-section (1) shall apply to a person who commits the same or similar offence within three years from the date the first offence he committed was compounded. Explanation. —For this sub-section, any subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded shall be deemed to be a first offence.
  5. Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender regarding the offence so compounded.
  6. No offence under this Act shall be compounded except as this section provides.

Objectives of the Legal Metrology Act

The following are the primary objectives of the Legal Metrology Act:

  • To adopt weights & measure trade and commerce.
  • To introduce and enforce weight and measurement standards.
  • Weights, measurements, or numbers adapt product manufacturing, sale, and usage.
  • To rationalise the Indian Metric process (meter, kilogram, etc.)

Features of the Legal Metrology Act

The Legal Metrology Act of 2009, in particular, provides for the following:

  • Weight or measure regulation used in a transaction or for protection.
  • Approval of a weight or measurement model
  • Verification of stipulated weight or measurement by a government-approved testing facility.
  • Specifying the qualifications of legal metrology officials appointed by the Central or State Governments.
  • Exemption from weight and measure regulations for export items;
  • Fees for specific services are levied
  • Nomination of a director by a corporation who will be accountable for enactment compliance.
  • Penalty for offences and offences combined
  • Appeals against various agencies’ decisions
  • Empowering the central Government to create regulations for upholding the enactment’s provisions.

Non-compliance with Notices of the Legal Metrology Act

Section 48 under legal metrology act, 2009 provides provisions for the compound offences punished under this Act.

The Legal metrology department issues notice to the companies for non-compliance with various provisions enumerated under this Act. If the company further avoid the notice, it shall be punished under section 48 of legal metrology act, 2009.

Follow the Standard Weights and Measures of the Legal Metrology Act to avoid penalisation

The followings are the Standard and fundamental units of weights and measures of the Act. Section 48 under Legal Metrology Act, 2009 discusses the compounding of offences if any of these weights and measures has been violated.

  • Mass in kilogram
  • Time in second
  • The electric current in ampere
  • The thermodynamic temperature in kelvin
  • The luminous intensity in Candela
  • Amount of substance in the mole.
  • Every numeration in the decimal system.
  • The decimal multiples and their sub-multiples of the numerals should be written as prescribed in the Act.

Conclusion

Every business using weights or measures in their business transaction or for protection should follow all the procedures under the Legal Metrology Act, 2009. Section 48 under Legal Metrology Act, 2009 talks about the compounding of offences where any offence punishable under sec 25, secs 27 to 39, sections 45 to 47, or any rule made under sub-section (3) of section 52 may, either before or after the institution of the prosecution, be compounded, on payment for credit to the Government of such sum as may be prescribed. These compounding offences protect the consumer from unfair trade practices.

Read Our Article: Alteration Of Weight & Measure – Section 26 Under Legal Metrology Act, 2009

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