Metrology is the science of measurement and Legal Metrology provides regulations for the control of measurements and measuring instruments. It also facilitates the protection of the environment, public safety, customers & traders and is vital to fair trade. In India, metrology is governed or controlled by the Legal Metrology Act, 2009, which replaces the Standard Weights & Measures Act, 1976[1] and the Standards of Weights & Measure (Enforcement) Act, 1985. However, there are various offences and penalties under Legal Metrology Act, 2009, which we will discuss in this blog. So scroll down to check the penalties under Legal Metrology Act.
What does Legal Metrology Rely On?
Before discussing various penalties under Legal Metrology Act lets us know Legal Metrology relies on the following activities:
- Establishing the law;
- Supervising the law;
- Facilitating traceability for measurements & measuring instruments.
Legal Metrology compliments scientific & industrial means and supports the practical application of measurements within the community.
Moreover, regulatory control of measurements includes:
- Wholesale, domestic, cross-border, retail and international trade;
- Revenue collection for tax & duties;
- Utility metering: water, electricity, and gas;
- Production of goods: industrial and agricultural;
- Fees for services like taxi metering, rubbish collection or disposal;
- Contracts: tonnes of iron ore, quality statements, and land area;
- Human safety: speed surveillance & enforcement, toxic measurement, breath analyser, workplace safety, enforcement.
- Resource Control & Protection: Minerals, energy, fish, water, and oil.
- Health Services: blood pressure, temperature, radiotherapy, chemical & biological testing of samples, cholesterol testing.
- Environmental & Pollution Control: Carbon trading & noise, vehicle exhaust.
What are the Penalties under Legal Metrology Act?
Following are the various penalties under Legal Metrology Act:
| Offences | Penal Section | Penalties under Legal Metrology |
| Section 8(3) – Use of weight, measure/numeration other than the standard weight, measure/numeration | 25 | Shall be punished with a fine which may be extended to Rs. 25000/- and for the second time, imprisonment for a term which may extend to 6 months and also with a fine. |
| Section 26 – Alteration of weight & measure | 26 | Shall be punished with a fine which may be extended to Rs. 50,000/- and for the second time, imprisonment for a term which is not less than 6 months but which may be extended to 1 year or with a fine or with both. |
| Section 8(4) – Manufacture of weight/measure not conforming to standards | 27 | Shall be punished or penalised with a fine which may be extended to Rs. 20,000/- and for the second time, imprisonment for a term which may be extended to 3 years or with fine or with both. |
| Section 10 – Dealing, contract, or transaction concerning products etc., by weight, measure, or numeration than prescribed | 28 | Shall be punished or penalised with a fine which may be extended to Rs. 10,000/- and for the second time, imprisonment for a term which may be extended to 1 year or with fine or with both. |
| Section 11 – Quote/make announcement/issue/exhibit of price list/changing of price than in accordance with a standard unit of weight/measure/number | 29 | Shall be punished or penalised with a fine which may be extended to Rs. 10,000/- and for the second time, imprisonment for a term which may be extended to 1 year or with fine or with both. |
| Section 12 – Receiving or demanding any articles or thing on service in excess or less than the quantity specified by agreement or contract. | 30 | Shall be punished or penalised with a fine which may be extended to Rs. 10,000/- and for the second time, imprisonment for a term which may be extended to 1 year or with fine or with both. |
| Section 17 – Maintenance of records, registers by manufacturer, repairer/dealer, and production of weight, measure document and register on demand. | 31 | Shall be punished or penalised with a fine which may be extended to Rs. 5,000/- and for the second time, imprisonment for a term which may be extended to 1 year or with fine or with both. |
| Section 22 – Failure to get Model Approved | 32 | Shall be punished or penalised with a fine which may be extended to Rs. 20,000/- and for the second time, imprisonment for a term which may be extended to 1 year or with fine or with both. |
| Section 24 – Use of unverified weight/measure | 33 | Shall be punished with fine which is not less than Rs. 2, oo0/- but it may be extended to Rs. 10,000/- and for the second time, with imprisonment for a term which may extend to one year along with fine. |
| Section 34 – Sale or deliver of commodities, etc., by non-standard weight/measure | 34 | Shall be punished with fine which is not less than Rs. 2,000/- but which may be extended to Rs. 5,000/- and for the second time, with imprisonment for a term which is not less than 3 months but which may be extended to 1 year or with fine or with both. |
| Section 35 – Providing services by non-standard weight, measure or numeration | 35 | Shall be punished with fine which is not less than Rs. 2,000/- but which may be extended to Rs. 5,000/- and for the second time, with imprisonment for a term which is not less than 3 months but which may be extended to 1 year or with fine or with both. |
| Section 18(1) – Selling, etc., of non-standard packages | 36(1) | Shall be punished with fine which is not less than Rs. 25,000/- but and for the second time, which may be extended to Rs. 50,000/-, and for the subsequent offence, with fine which is not less than Rs. 50,000/- but which may extend to Rs. 1 lakhs or with imprisonment for a term which may be extended to 1 year or with fine or with both. |
| Section 18(2) – Whoever pack, import, manufactures or causes to be manufactured or packed or imported ant pre-packed commodity with error in net-quantity. | 36(2) | Shall be punished or penalised with imprisonment for a term which may be extended to 1 yesr or with fine which may extended to Rs. 10,000 or with both. |
| Section 37 – Contravention by Government approved Test Centre | 37 | Shall be punished with fine which may further extend to Rs. 1 lakh.Shall be punished or penalised with imprisonment for a term which may extend to 1 year or with fine which may extend to Rs. 10,000 or with both. |
| Section 19 – Non-registration by importer of weight/measure | 38 | Shall be punished or penalised with fine which may extend to Rs. 25,000/- and for the second time or subsequent offence, with imprisonment for a term which may be extended to 6 months, or with fine or with both. |
| Section 20 –Import of non-standard weight or measure | 39 | Shall be punished or penalised with fine which may be extended Rs. 50,000/- and for the second time, with imprisonment for a term which may be extended to 1 year and also with fine. |
| Section 15 – Obstructing Director, Legal Metrology Officer or Controller | 40 | Shall be punished or penalised with imprisonment for a term which may be extended to 2 years and for the second time, with imprisonment for a term which may extend to 5 years. |
| Section 41 – Giving incorrect information/false return. | 41 | Shall be punished or penalised with a fine which may extend to Rs. 5,000/- and for the second/subsequent offence with imprisonment for a term which may extend to 6 months & also with fine.Shall be punished or penalised with a fine which may extend to Rs. 5,000/- and for the second/subsequent offence, with imprisonment for a term which may extend to 1 year & also with fine. |
| Section 42 – Vexatious Search | 42 | Shall be punished with imprisonment for a term which may be extended to 1 year or with fine which may extend to Rs. 10,000/- or with both. |
| Section 43 – Verification in Contravention of Act & Rules | 43 | Shall be punished or penalised with imprisonment for a term which may be extended to 1 year or with fine which may extend to Rs. 10,000/- or with both. |
| Section 44 – Counterfeiting of seals, etc. | 44 | Shall be punished or penalised with imprisonment for a term which is not less than 6 months but which may be extended to 1 year and for the second time, with imprisonment for a term which is not less than 6 months but which may extend to 5 years. |
| Section 23 – Manufacturer of weight/measure without license | 45 | Shall be punished or penalised with fine which may be extended to Rs. 20,000/- and for the second time, with imprisonment for a term which may extend to one year, or with fine or with both. |
| Section 23 – Sale or Repair of weight or measure without license | 46 | Shall be punished or penalised with fine which may be extended to Rs. 5,000/- and for the second time, with imprisonment for a term which may extend to one year, or with fine or with both. |
| Section 47 – Tampering with License | 47 | Shall be punished or penalised with fine which may be extended to Rs. 20,000/- and for the second time, with imprisonment for a term which may extend to one year, or with fine or with both. |
| Section 49 – Offences by Companies | 49 | Shall be liable to be proceeded against and punished and the power of court to publish the name, business place, etc., for companies convicted. |
| Section 52(1) – Provision of any rule made under the Act | 52 (3) | In making any rule in this section, the Central Government may provide that a violation thereof shall be punishable with fine which may extend to Rs. 5,000/- |
| Rules 18(2) of Legal Metrology (Packaged Commodities) Rules, 2011 – Sale of any commodity in the packed form at a price exceeding the MRP | Rules 32(2) of Legal Metrology (Packaged Commodities) Rules, 2011 | Shall be punished or penalised with a fine of Rs. 2,000/- |
| Rules 18(5) of Legal Metrology (Packaged Commodities) Rules, 2011 – Obliterate Smudge change the MRP shown by the packer, importer or manufacturer | Rules 32(2) of Legal Metrology (Packaged Commodities) Rules, 2011 | Shall be punished or penalised with a fine of Rs. 2,000/- |
| Rule 27 – 31 – Non-registration of packers, importers, and manufacturers of packed commodities | Rules 32(1) of Legal Metrology (Packaged Commodities) Rules, 2011 | Shall be punished or penalised with a fine of Rs. 4,000/- |
| Section 53(1) – Provision of any Rule made under the Act | 53(3) | In making any rule in this section, the Central Government may provide that a violation thereof shall be punishable with fine which may extend to Rs. 5,000/- |
Conclusion
Legal Metrology facilitates regulations for the control of measurements and measuring instruments. It also facilitates the protection of the environment, public safety, customers & traders and is vital to fair trade.
Read our Article: What are the Legal Metrology laws in India?
