The correctness and accuracy of India’s weights and measures, and measuring instruments are regulated and licensed by Legal Metrology Act, 2009. Suppose the weights and measures with such license create consumer trust. Section 44 under Legal Metrology Act, 2009 penalizes the person involved in counterfeits. They shall be punished with imprisonment for not less than 6 months, which may extend to 1 year, and for the subsequent offence, the imprisonment may extend up to five years. Section 44 helps to avoid fraudulent practices in weights and measures and helps in fair trade practices.
What is Section 44 under Legal Metrology Act, 2009?
Section 44 under Legal Metrology Act, 2009 penalizes the person involved in counterfeits. The following is the procedure to find the fraudulent imitation of the weights and measures.
- If any person counterfeits any seal specified by or under this Act or
- If any person sells or otherwise disposes of any counterfeit seal, or
- If any person possesses any counterfeit seal, or
- If any person counterfeits or removes or tampers with any stamp specified by or under this Act or rules made thereunder, or
- Affixes the stamp so removed on or inserts the same into any other weights or measures.
Shall be punished with imprisonment for not being less than 6 months which may extend to 1 year, and for the subsequent offence, the imprisonment may extend up to five years.
The “counterfeit” The meaning of the counterfeit shall be taken from section 28 of the Indian Penal Code (IPC) 1860[1]. The following points explain what counterfeiting is.
Any person who obtains the seal by unlawful means, any seal specified under this Act or the rules made on this behalf, or causes to be used, any such seal for making any stamp on any weights or measures to represent like the stamp made by a such seal that is authorized under this Act or the rules made on this behalf shall be punished with imprisonment for not be less than 6 months but which may extend to 1 year and for the subsequent offence the imprisonment may extend to five years.
Any person having a seal with lawful possession specified under this Act or the rules made on this behalf, but uses such seals without any lawful authority for such using them with proper permission from the authorized department, shall be punished with imprisonment for not being less than six months but which may extend to one year and for the subsequent offence, with imprisonment should not be less than 6 months but which may extend to five years.
Any person or manufacturer who sells or offers or exposes for sale or otherwise by disposes of any weights or measures which he knows or has reason to believe that the seal he possesses a counterfeit stamp will be punished with imprisonment, which should not be less than 6 months but which may extend to one year and for the subsequent offence, with imprisonment which should not be less than six months but which may extend to five years.
Inspection to avoid penalization of section 44 under Legal Metrology Act, 2009
The following is the inspection that the officer should under to avoid any fraudulent weights and measures in the market and penalization in section 44 under Legal Metrology Act, 2009
| S.No | Section/Rule | Details of Inspection |
| 1 | Section 24(1) with rule 27(2) | Whether the Weights and Measures used in the establishment are verified And stamped? |
| 2 | Rule 22 | Whether the certificate of verification is exhibited if so No. & Date of Certificate of verification |
| 3 | Rule 27 | Whether Registration The certificate is obtained by the manufacturer/packer/importer under the Legal Metrology (Packaged Commodities) Rules, 2011 |
| 4 | Section 18(1) Read with the rule 6(1) | Whether the mandatory declarations have been made in the pre-packaged commodities kept for sale |
| 5 | Rule 18(2) Read with the rule 6(1) | Whether packaged commodities are sold at a price higher than the price mentioned in the packets |
| 6 | Section 23 Read with the rule 11 | In Supermarkets, Whether an electronic weighing machine with a printer is kept for the use of the consumers |
| 7 | Section 23 Read with the rule 11 | Whether renewal of licence for manufacturing of weights and measures have been done by the manufacturers |
| 8 | Section 23 read with the rule 11 | Whether renewal of licence for repair or sale of weights and measures have been done by the repairer or dealer |
| 9 | Section 17 read with the rule 13 | Whether records are maintained by manufacturers or repairers or dealers of weights and measures |
| 10 | Section 12 | Whether demanding or receiving any articles or the thing on service in excess or less than the quantity specified by contract or agreement |
| 11 | Rule 21(4) | Whether the Test weight is available to ensure a proper check of accuracy of a weighing instrument |
| 12 | Rule 21(5) | Whether Test measures is available to ensure a proper check of the accuracy of a weighing instrument |
Conclusion
The Legal Metrology Act 2009 ensures the weights and measures align with international standards of weights and measures. Section 44 under Legal Metrology Act, 2009 penalizes the person, manufacturer, or importer involved in counterfeits. They shall be punished with imprisonment for not less than 6 months, which may extend to 1 year and for the subsequent offence, the imprisonment may extend up to five years. This rule is used to monitor the activities of the manufacturers or importers.
Read Our Article: Penalties Under Legal Metrology Act – An Overview
