Section 23 under Legal Metrology Act, 2009 ensures that the weights or measures are not manufactured, repaired or sold without a licence. The Legal Metrology Act is enacted to regulate and control unlawful activities regarding weights and measures in India. Every business that handles weights and measures in India is impacted by the Laws and regulations of the Legal Metrology Act being involved in the sale or distribution or any transaction of goods by weight, measure or numbers. To ensure all these section 23 under Legal Metrology Act, 2009 is used to avoid fraudulent license.
What is Section 23 under Legal Metrology Act, 2009?
Section 23 under Legal Metrology Act, 2009 prohibits manufacturing, repairing, or selling weight or measure without a licence. The following are the steps for whom the license can be provided.
- No person, whether the manufacturer, repairs or sells, or offers and exposes or possesses for repair or sale any weights and measures unless they hold a licence issued by the controller of the Legal Metrology department under subÂsection (1). Provided that no licence for repair shall be required by a manufacturer for the repair of his weight or measure in a State.
- For sub-section (1), the controller shall issue a licence in the form and manner, with the conditions like period and area of jurisdiction and on payment of such fee as prescribed in the Act.
What penalties are executed to avoid deviation from Legal Metrology Act?
The following are some of the penalties for the person, manufacturer or importer who does not abide by the Legal Metrology Act and some provisions, especially for the person who acts against section 23 under Legal Metrology Act, 2009.
| S.No | Sections/Rules | Violation | For 1st offence | For 2nd and consecutive offence |
| 1 | Section 8(3) | Use of weight, measure/numeration other than the standard weight, measure/numeration | fine, which may be extended to Rs. 25000/- | imprisonment that may extend to 6 months and with a fine. |
| 2 | Section 26 | Alteration of weight & measure | punished with a fine which may be extended to Rs. 50,000/- | imprisonment for not less than 6 months but which may be extended to 1 year or with a fine or with both |
| 3 | Section 8(4) | Manufacture of weight/measure not conforming to standards | penalised with a fine which may be extended to Rs. 20,000/- | imprisonment, which may be extended to 3 years, with a fine, or with both. |
| 4 | Section 10 | Dealing, contract, or transaction concerning products etc., by weight, measure, or numeration than prescribed | with a fine which may be extended to Rs. 10,000/- | imprisonment, which may be extended to 1 year, with a fine, or with both. |
| 5 | Section 11 | Quote/make an announcement/issue/exhibit of price list/changing of price than by a standard unit of weight/measure/number | penalised with a fine which may be extended to Rs. 10,000/- | imprisonment, which may be extended to 1 year, with a fine, or with both. |
| 6 | Section 12 | Receiving or demanding any articles or thing on service in excess or less than the quantity specified by agreement or contract. | fine, which may be extended to Rs. 10,000/- | imprisonment for a term that may be extended to 1 year, with a fine, or with both. |
| 7 | Section 17 | Maintenance of records, registers by manufacturer, repairer/dealer, and production of weight measure document and register on demand. | fine, which may be extended to Rs. 5,000/- | imprisonment, which may be extended to 1 year, with a fine, or with both. |
| 8 | Section 22 | Failure to get Model Approved | penalised with a fine which may be extended to Rs. 20,000/- | imprisonment for a term that may be extended to 1 year, with a fine, or with both. |
| 9 | Section 24 | Use of unverified weight/measure | fine, which is not less than Rs. 2, 000/- | imprisonment for a term extending to one year, along with a fine. |
| 10 | Section 34 | Sale or delivery of goods or commodities, etc., by non-standard weights/measure | punished with a fine which is not less than Rs. 2,000/- which may be extended to Rs. 5,000/- | imprisonment for not less than three months, which may be extended to 1 year, with a fine, or both. |
| 11 | Section 35 | Providing services by non-standard weight, measure or numeration | punished with a fine which is not less than Rs. 2,000/- but which may be extended to Rs. 5,000/- | imprisonment for not less than three months, which may be extended to 1 year, with a fine, or both. |
| 12 | Section 18(1) | Selling, etc., of non-standard packages | Shall be punished with a fine which is not less than Rs. 25,000/- but for the second time, which may be extended to Rs. 50,000/-, and for the subsequent offence, with a fine which is not less than Rs. 50,000/- but which may extend to Rs. 1 lakhs | imprisonment for a term that may be extended to 1 year, with a fine, or with both. |
| 13 | Section 37 | Contravention by Government approved Test Centre | will be punished with a fine which may further extend to Rs. 1 lakh | imprisonment for a term which may extend to 1 year or with a fine which may extend to Rs. 10,000 or with both. |
| 14 | Section 19 | Non-registration by the importer of weight/measure | penalised with a fine up to Rs. 25,000/- | imprisonment for a term that may be extended to 6 months, with a fine or with both. |
| 15 | Section 20 | Import of non-standard weight or measure | penalised with a fine which may be extended to Rs. 50,000/- | imprisonment for a term that may be extended to 1 year and with a fine. |
| 16 | Section 15 | Obstructing Director, Legal Metrology Officer or Controller | penalised with imprisonment that may be extended to 2 years | imprisonment for a term which may extend to 5 years. |
| 17 | Section 41 | Giving incorrect information/false return | Shall be punished or penalised with a fine which may extend to Rs. 5,000/- | imprisonment, which may extend to 6 months & also with fine |
| 18 | Section 23 | Manufacturer of weight/measure without a license | penalised with a fine which may be extended to Rs. 20,000/- | imprisonment that may extend to one year, with a fine or both. |
| 19 | Section 47 | Tampering with License | penalised with a fine which may be extended to Rs. 20,000/- | imprisonment that may extend to one year, with a fine or both. |
| 20 | Section 53(1) | The Central Government may provide that a violation thereof shall be punishable with a fine which may extend to Rs. 5,000/- | – |
Conclusion
Every person, manufacturer, or importer who uses the weights or measures in any business transaction shall follow the specified rules of the Legal Metrology Act, 2009[1]. Section 23 under Legal Metrology Act, 2009 provides a penalty for prohibiting the manufacturer who repairs or sells weight or measure without a licence. The Act helps to ensure the correct weights and measurements for fair trade practices.
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