{"id":41811,"date":"2022-04-04T11:45:31","date_gmt":"2022-04-04T06:15:31","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=41811"},"modified":"2025-01-22T17:29:27","modified_gmt":"2025-01-22T11:59:27","slug":"penalties-under-legal-metrology-act","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/penalties-under-legal-metrology-act\/","title":{"rendered":"Penalties Under Legal Metrology Act &#8211; An Overview"},"content":{"rendered":"\n<p class=\"has-drop-cap\">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 &amp; traders and is vital to fair trade. In India, metrology is governed or controlled by the Legal Metrology Act, 2009, which replaces the <strong><em>Standard Weights &amp; Measures Act, 1976<\/em><\/strong><sup><a href=\"https:\/\/consumeraffairs.nic.in\/organisation-and-units\/division\/legal-metrology\/standards-of-weights-and-measures-act-in-detail\"><strong>[1]<\/strong><\/a><\/sup> and <strong><em>the Standards of Weights &amp; Measure (Enforcement) Act, 1985<\/em><\/strong>. 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.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What does\nLegal Metrology Rely On?<\/h2>\n\n\n\n<p>Before discussing various penalties under <a href=\"https:\/\/corpbiz.io\/legal-metrology-act-registration\"><strong>Legal Metrology Act<\/strong><\/a> lets us know Legal Metrology relies on the following activities:<\/p>\n\n\n\n<ul>\n<li>Establishing the law;<\/li>\n\n\n\n<li>Supervising the law;<\/li>\n\n\n\n<li>Facilitating traceability for\nmeasurements &amp; measuring instruments.<\/li>\n<\/ul>\n\n\n\n<p>Legal\nMetrology compliments scientific &amp; industrial means and supports the\npractical application of measurements within the community.<\/p>\n\n\n\n<p><strong><em>Moreover,\nregulatory control of measurements includes:<\/em><\/strong><\/p>\n\n\n\n<ul>\n<li>Wholesale, domestic,\ncross-border, retail and international trade;<\/li>\n\n\n\n<li>Revenue collection for tax\n&amp; duties;<\/li>\n\n\n\n<li>Utility metering: water,\nelectricity, and gas;<\/li>\n\n\n\n<li>Production of goods: industrial\nand agricultural;<\/li>\n\n\n\n<li>Fees for services like taxi\nmetering, rubbish collection or disposal;<\/li>\n\n\n\n<li>Contracts: tonnes of iron ore,\nquality statements, and land area;<\/li>\n\n\n\n<li>Human safety: speed\nsurveillance &amp; enforcement, toxic measurement, breath analyser, workplace\nsafety, enforcement.<\/li>\n\n\n\n<li>Resource Control &amp; Protection:\nMinerals, energy, fish, water, and oil.<\/li>\n\n\n\n<li>Health Services: blood\npressure, temperature, radiotherapy, chemical &amp; biological testing of\nsamples, cholesterol testing.<\/li>\n\n\n\n<li>Environmental &amp; Pollution\nControl: Carbon trading &amp; noise, vehicle exhaust.<\/li>\n<\/ul>\n\n\n\n<h2 class=\"wp-block-heading\">What are the\nPenalties under Legal Metrology Act?<\/h2>\n\n\n\n<p>Following\nare the various penalties under Legal Metrology Act:<\/p>\n\n\n\n<table class=\"table table-bordered\">\n<tbody><tr><td>\n  <strong>Offences<\/strong>\n  <\/td><td>\n  <strong>Penal\n  Section<\/strong>\n  <\/td><td>\n  <strong>Penalties\n  under Legal Metrology<\/strong>\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  8(3)<\/strong> &#8211; Use of weight, measure\/numeration other\n  than the standard weight, measure\/numeration\n  <\/td><td>\n  25\n  <\/td><td>\n  Shall be punished with a fine\n  which may be extended to Rs. 25000\/- and for the second time, imprisonment\n  for a term which may extend to 6 months and also with a fine.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  26<\/strong> \u2013 Alteration of weight &amp; measure\n  <\/td><td>\n  26\n  <\/td><td>\n  Shall be punished with a fine\n  which may be extended to Rs. 50,000\/- and for the second time, imprisonment\n  for a term which is not less than 6 months but which may be extended to 1\n  year or with a fine or with both.\n  <\/td><\/tr><tr><td>\n  Section 8(4) \u2013 Manufacture of\n  weight\/measure not conforming to standards\n  <\/td><td>\n  27\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine which may be extended to Rs. 20,000\/- and for the\n  second time, imprisonment for a term which may be extended to 3 years or with\n  fine or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  10<\/strong> \u2013 Dealing, contract, or transaction\n  concerning products etc., by weight, measure, or numeration than prescribed\n  <\/td><td>\n  28\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine which may be extended to Rs. 10,000\/- and for the\n  second time, imprisonment for a term which may be extended to 1 year or with\n  fine or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  11<\/strong> \u2013 Quote\/make announcement\/issue\/exhibit of\n  price list\/changing of price than in accordance with a standard unit of weight\/measure\/number\n  <\/td><td>\n  29\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine which may be extended to Rs. 10,000\/- and for the\n  second time, imprisonment for a term which may be extended to 1 year or with\n  fine or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  12<\/strong> \u2013 Receiving or demanding any articles or\n  thing on service in excess or less than the quantity specified by agreement\n  or contract.\n  <\/td><td>\n  30\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine which may be extended to Rs. 10,000\/- and for the\n  second time, imprisonment for a term which may be extended to 1 year or with\n  fine or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  17<\/strong> \u2013 Maintenance of records, registers by\n  manufacturer, repairer\/dealer, and production of weight, measure document and\n  register on demand.\n  <\/td><td>\n  31\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine which may be extended to Rs. 5,000\/- and for the second\n  time, imprisonment for a term which may be extended to 1 year or with fine or\n  with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  22<\/strong> \u2013 Failure to get Model Approved\n  <\/td><td>\n  32\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine which may be extended to Rs. 20,000\/- and for the\n  second time, imprisonment for a term which may be extended to 1 year or with\n  fine or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  24 \u2013 <\/strong>Use of unverified weight\/measure\n  <\/td><td>\n  33\n  <\/td><td>\n  Shall be punished with fine\n  which is not less than Rs. 2, oo0\/- but it may be extended to Rs. 10,000\/-\n  and for the second time, with imprisonment for a term which may extend to one\n  year along with fine.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  34 \u2013 <\/strong>Sale or deliver of commodities, etc., by\n  non-standard weight\/measure\n  <\/td><td>\n  34\n  <\/td><td>\n  Shall be punished with fine\n  which is not less than Rs. 2,000\/- but which may be extended to Rs. 5,000\/-\n  and for the second time, with imprisonment for a term which is not less than\n  3 months but which may be extended to 1 year or with fine or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  35 \u2013<\/strong> Providing services by non-standard weight,\n  measure or numeration\n  <\/td><td>\n  35\n  <\/td><td>\n  Shall be punished with fine\n  which is not less than Rs. 2,000\/- but which may be extended to Rs. 5,000\/-\n  and for the second time, with imprisonment for a term which is not less than\n  3 months but which may be extended to 1 year or with fine or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  18(1) \u2013 <\/strong>Selling, etc., of non-standard packages\n  <\/td><td>\n  36(1) \n  <\/td><td>\n  Shall be punished with fine\n  which is not less than Rs. 25,000\/- but and for the second time, which may be\n  extended to Rs. 50,000\/-, and for the subsequent offence, with fine which is\n  not less than Rs. 50,000\/- but which may extend to Rs. 1 lakhs or with\n  imprisonment for a term which may be extended to 1 year or with fine or with\n  both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  18(2) \u2013 <\/strong>Whoever pack, import, manufactures or causes\n  to be manufactured or packed or imported ant pre-packed commodity with error\n  in net-quantity.\n  <\/td><td>\n  36(2) \n  <\/td><td>\n  Shall be punished or\n  penalised with imprisonment for a term which may be extended to 1 yesr or\n  with fine which may extended to Rs. 10,000 or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  37 \u2013 <\/strong>Contravention by Government approved Test\n  Centre \n  <\/td><td>\n  37 \n  <\/td><td>\n  Shall be punished with fine\n  which may further extend to Rs. 1 lakh.Shall be punished or\n  penalised with imprisonment for a term which may extend to 1 year or with\n  fine which may extend to Rs. 10,000 or with both.\n  \n  <\/td><\/tr><tr><td>\n  <strong>Section\n  19 \u2013 <\/strong>Non-registration by importer of weight\/measure\n  <\/td><td>\n  38\n  <\/td><td>\n  Shall be punished or\n  penalised with fine which may extend to Rs. 25,000\/- and for the second time\n  or subsequent offence, with imprisonment for a term which may be extended to\n  6 months, or with fine or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  20 \u2013<\/strong>Import of non-standard weight or measure\n  <\/td><td>\n  39\n  <\/td><td>\n  Shall be punished or\n  penalised with fine which may be extended Rs. 50,000\/- and for the second\n  time, with imprisonment for a term which may be extended to 1 year and also\n  with fine.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  15 \u2013 <\/strong>Obstructing Director, Legal Metrology Officer\n  or Controller\n  <\/td><td>\n  40\n  <\/td><td>\n  Shall be punished or\n  penalised with imprisonment for a term which may be extended to 2 years and\n  for the second time, with imprisonment for a term which may extend to 5\n  years.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  41 \u2013 <\/strong>Giving incorrect information\/false return.\n  <\/td><td>\n  41\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine which may extend to Rs. 5,000\/- and for the second\/subsequent\n  offence with imprisonment for a term which may extend to 6 months &amp; also\n  with fine.Shall be punished or\n  penalised with a fine which may extend to Rs. 5,000\/- and for the second\/subsequent\n  offence, with imprisonment for a term which may extend to 1 year &amp; also\n  with fine.\n  \n  <\/td><\/tr><tr><td>\n  <strong>Section\n  42 \u2013 <\/strong>Vexatious Search\n  <\/td><td>\n  42 \n  <\/td><td>\n  Shall be punished with\n  imprisonment for a term which may be extended to 1 year or with fine which\n  may extend to Rs. 10,000\/- or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  43 \u2013 <\/strong>Verification in Contravention of Act &amp;\n  Rules\n  <\/td><td>\n  43\n  <\/td><td>\n  Shall be punished or\n  penalised with imprisonment for a term which may be extended to 1 year or\n  with fine which may extend to Rs. 10,000\/- or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  44 &#8211; <\/strong>Counterfeiting of seals, etc.\n  <\/td><td>\n  44\n  <\/td><td>\n  Shall be punished or\n  penalised with imprisonment for a term which is not less than 6 months but\n  which may be extended to 1 year and for the second time, with imprisonment\n  for a term which is not less than 6 months but which may extend to 5 years.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  23 \u2013 <\/strong>Manufacturer of weight\/measure without license\n  <\/td><td>\n  45\n  <\/td><td>\n  Shall be punished or penalised\n  with fine which may be extended to Rs. 20,000\/- and for the second time, with\n  imprisonment for a term which may extend to one year, or with fine or with\n  both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  23 \u2013 <\/strong>Sale or Repair of weight or measure without\n  license\n  <\/td><td>\n  46\n  <\/td><td>\n  Shall be punished or penalised\n  with fine which may be extended to Rs. 5,000\/- and for the second time, with\n  imprisonment for a term which may extend to one year, or with fine or with\n  both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  47 \u2013 <\/strong>Tampering with License\n  <\/td><td>\n  47\n  <\/td><td>\n  Shall be punished or\n  penalised with fine which may be extended to Rs. 20,000\/- and for the second\n  time, with imprisonment for a term which may extend to one year, or with fine\n  or with both.\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  49 \u2013 <\/strong>Offences by Companies\n  <\/td><td>\n  49\n  <\/td><td>\n  Shall be liable to be\n  proceeded against and punished and the power of court to publish the name,\n  business place, etc., for companies convicted. \n  <\/td><\/tr><tr><td>\n  <strong>Section\n  52(1) \u2013 <\/strong>Provision of any rule made under the Act\n  <\/td><td>\n  52 (3)\n  <\/td><td>\n  In making any rule in this\n  section, the Central Government may provide that a violation thereof shall be\n  punishable with fine which may extend to Rs. 5,000\/-\n  <\/td><\/tr><tr><td>\n  <strong>Rules\n  18(2) of Legal Metrology (Packaged Commodities) Rules, 2011 \u2013 <\/strong>Sale\n  of any commodity in the packed form at a price exceeding the MRP\n  <\/td><td>\n  Rules 32(2) of Legal\n  Metrology (Packaged Commodities) Rules, 2011\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine of Rs. 2,000\/-\n  <\/td><\/tr><tr><td>\n  <strong>Rules\n  18(5) of Legal Metrology (Packaged Commodities) Rules, 2011 \u2013 <\/strong>Obliterate\n  Smudge change the MRP shown by the packer, importer or manufacturer\n  <\/td><td>\n  Rules 32(2) of Legal\n  Metrology (Packaged Commodities) Rules, 2011\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine of Rs. 2,000\/-\n  <\/td><\/tr><tr><td>\n  <strong>Rule\n  27 \u2013 31 \u2013 <\/strong>Non-registration of packers, importers,\n  and manufacturers of packed commodities\n  <\/td><td>\n  Rules 32(1) of Legal\n  Metrology (Packaged Commodities) Rules, 2011\n  <\/td><td>\n  Shall be punished or\n  penalised with a fine of Rs. 4,000\/-\n  <\/td><\/tr><tr><td>\n  <strong>Section\n  53(1) \u2013 <\/strong>Provision of any Rule made under the Act\n  <\/td><td>\n  53(3)\n  <\/td><td>\n  In making any rule in this\n  section, the Central Government may provide that a violation thereof shall be\n  punishable with fine which may extend to Rs. 5,000\/-\n  <\/td><\/tr><\/tbody><\/table>\n\n\n\n<h2 class=\"wp-block-heading\">Conclusion<\/h2>\n\n\n\n<p>Legal Metrology facilitates regulations for the control of <strong><a href=\"https:\/\/corpbiz.io\/model-approval-certificate-for-weights-and-measures\">measurements and measuring instruments<\/a><\/strong>. It also facilitates the protection of the environment, public safety, customers &amp; traders and is vital to fair trade.<\/p>\n\n\n\n<p class=\"text-left\"><b>Read our Article<\/b>:<mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/legal-metrology-laws-in-india\/\">\nWhat are the Legal Metrology laws in India?\n<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 &amp; traders and is vital to fair trade. In India, metrology is governed or controlled by the Legal Metrology Act, 2009, which replaces the Standard [&hellip;]<\/p>\n","protected":false},"author":35,"featured_media":41812,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2114],"tags":[2228],"acf":{"service_id":"436"},"authorName":"Karan Singh","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2022\/01\/processed-1-150x150.jpeg","authorDescription":"A legal writing enthusiast, a wanderer, and a zealous reader. After gaining a lot of knowledge about the diverse legal topics and developing research skills, Karan joined the league of legal content writers to deliver quality-rich blogs.","postViews":10068,"readingTime":7,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/41811"}],"collection":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/users\/35"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=41811"}],"version-history":[{"count":13,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/41811\/revisions"}],"predecessor-version":[{"id":68482,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/41811\/revisions\/68482"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/41812"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=41811"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=41811"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=41811"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}