{"id":55575,"date":"2023-04-20T15:52:44","date_gmt":"2023-04-20T10:22:44","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=55575"},"modified":"2023-04-20T15:53:44","modified_gmt":"2023-04-20T10:23:44","slug":"counterfeiting-of-seals-section-44-under-legal-metrology-act-2009","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/counterfeiting-of-seals-section-44-under-legal-metrology-act-2009\/","title":{"rendered":"Counterfeiting Of Seals &#8211; Section 44 under Legal Metrology Act, 2009"},"content":{"rendered":"\n<p>The correctness and accuracy of India&#8217;s\nweights and measures, and measuring instruments are regulated and licensed by\nLegal Metrology Act, 2009. Suppose the weights and measures with such license\ncreate consumer trust. Section 44 under Legal Metrology Act, 2009 penalizes the\nperson involved in counterfeits. They shall be punished with imprisonment for\nnot less than 6 months, which may extend to 1 year, and for the subsequent\noffence, the imprisonment may extend up to five years. Section 44 helps to\navoid fraudulent practices in weights and measures and helps in fair trade\npractices.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What is Section 44 under Legal Metrology Act, 2009?<\/h2>\n\n\n\n<p>Section 44 under <strong><a href=\"https:\/\/corpbiz.io\/legal-metrology-act-registration\">Legal Metrology Act<\/a><\/strong>, 2009 penalizes the person involved in counterfeits. The following is the procedure to find the fraudulent imitation of the weights and measures.<\/p>\n\n\n\n<ul><li>If any\nperson counterfeits any seal specified by or under this Act or<\/li><li>If any\nperson sells or otherwise disposes of any counterfeit seal, or<\/li><li>If any\nperson possesses any counterfeit seal, or<\/li><li>If any\nperson counterfeits or removes or tampers with any stamp specified by or under\nthis Act or rules made thereunder, or<\/li><li>Affixes\nthe stamp so removed on or inserts the same into any other weights or measures.<\/li><\/ul>\n\n\n\n<p>Shall be punished with imprisonment for not\nbeing less than 6 months which may extend to 1 year, and for the subsequent\noffence, the imprisonment may extend up to five years.<\/p>\n\n\n\n<p>The \u201ccounterfeit&#8221; The meaning of the\ncounterfeit shall be taken from section 28 of <strong>the Indian Penal Code (IPC) 1860<\/strong><sup><a class=\"text-primary\" href=\"https:\/\/www.indiacode.nic.in\/bitstream\/123456789\/2263\/1\/A1860-45.pdf\"><strong>[1]<\/strong><\/a><\/sup>.\nThe following points explain what counterfeiting is.<\/p>\n\n\n\n<p>Any person who obtains the seal by unlawful\nmeans, any seal specified under this Act or the rules made on this behalf, or\ncauses to be used, any such seal for making any stamp on any weights or\nmeasures to represent like the stamp made by a such seal that is authorized\nunder this Act or the rules made on this behalf shall be punished with\nimprisonment for not be less than 6 months but which may extend to 1 year and\nfor the subsequent offence the imprisonment may extend to five years.<\/p>\n\n\n\n<p>Any person having a seal with lawful\npossession specified under this Act or the rules made on this behalf, but uses\nsuch seals without any lawful authority for such using them with proper\npermission from the authorized department, shall be punished with imprisonment\nfor not being less than six months but which may extend to one year and for the\nsubsequent offence, with imprisonment should not be less than 6 months but\nwhich may extend to five years.<\/p>\n\n\n\n<p>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.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">Inspection to avoid penalization of section 44 under Legal Metrology Act,\n2009<\/h2>\n\n\n\n<p>The\nfollowing is the inspection that the officer should under to avoid any\nfraudulent weights and measures in the market and penalization in section 44 under\nLegal Metrology Act, 2009<\/p>\n\n\n\n<table class=\"wp-block-table table table-bordered\"><tbody><tr><td>\n  <strong>S.No<\/strong>\n  <\/td><td>\n  <strong>Section\/Rule<\/strong>\n  <\/td><td>   <strong>Details of Inspection<\/strong>   <\/td><\/tr><tr><td>\n  1\n  <\/td><td>\n  <strong>Section\n  24(1) with rule 27(2)<\/strong>\n  <\/td><td>   Whether the Weights and Measures used in the establishment are verified And stamped?   <\/td><\/tr><tr><td>\n  2\n  <\/td><td>\n  <strong>Rule 22<\/strong><strong><\/strong>\n  <\/td><td>   Whether the certificate of verification is exhibited if so No. &amp; Date of Certificate of verification   <\/td><\/tr><tr><td>\n  3\n  <\/td><td>\n  <strong>Rule 27<\/strong><strong><\/strong>\n  <\/td><td>   Whether Registration   The certificate is obtained by   the manufacturer\/packer\/importer under the Legal   Metrology (Packaged Commodities) Rules, 2011   <\/td><\/tr><tr><td>\n  4\n  <\/td><td>\n  <strong>Section 18(1) Read<\/strong><strong><\/strong>\n  <strong>with the rule 6(1)<\/strong><strong><\/strong>\n  <\/td><td>   Whether the mandatory declarations have been   made in the pre-packaged commodities kept for sale   <\/td><\/tr><tr><td>\n  5\n  <\/td><td>\n  <strong>Rule 18(2) Read with<\/strong><strong><\/strong>\n  <strong>the rule 6(1)<\/strong><strong><\/strong>\n  <\/td><td>   Whether packaged commodities are sold at a   price higher than the price mentioned in the packets   <\/td><\/tr><tr><td>\n  6\n  <\/td><td>\n  <strong>Section 23 Read with<\/strong><strong><\/strong>\n  <strong>the rule 11<\/strong><strong><\/strong>\n  <\/td><td>   In Supermarkets, Whether an electronic weighing   machine with a printer is   kept for the use of the   consumers   <\/td><\/tr><tr><td>\n  7\n  <\/td><td>\n  <strong>Section 23 Read with<\/strong><strong><\/strong>\n  <strong>the rule 11<\/strong><strong><\/strong>\n  <\/td><td>   Whether renewal of licence for manufacturing of   weights and measures have been done by the   manufacturers   <\/td><\/tr><tr><td>\n  8\n  <\/td><td>\n  <strong>Section 23 read with<\/strong>\n  <strong>the rule 11<\/strong>\n  <\/td><td>   Whether renewal of licence for repair or sale of weights   and measures have been done by the repairer or   dealer   <\/td><\/tr><tr><td>\n  9\n  <\/td><td>\n  <strong>Section 17 read with<\/strong>\n  <strong>the rule 13<\/strong>\n  <\/td><td>   Whether records are maintained by manufacturers or repairers or dealers of weights and   measures   <\/td><\/tr><tr><td>\n  10\n  <\/td><td>\n  <strong>Section 12<\/strong>\n  <\/td><td>   Whether demanding or receiving any articles or   the thing on service in excess or less than the quantity   specified by contract or agreement   <\/td><\/tr><tr><td>\n  11\n  <\/td><td>\n  <strong>Rule 21(4)<\/strong>\n  <\/td><td>   Whether the Test weight is available to ensure a proper check of accuracy of a weighing instrument   <\/td><\/tr><tr><td>\n  12\n  <\/td><td>\n  <strong>Rule 21(5)<\/strong>\n  <\/td><td>   Whether Test measures is available to ensure a proper   check of the accuracy of a weighing instrument   <\/td><\/tr><\/tbody><\/table>\n\n\n\n<h2 class=\"wp-block-heading\">Conclusion<\/h2>\n\n\n\n<p>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.<\/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\/penalties-under-legal-metrology-act\/\">Penalties Under Legal Metrology Act \u2013 An Overview<\/a><\/mark><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The correctness and accuracy of India&#8217;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 [&hellip;]<\/p>\n","protected":false},"author":58,"featured_media":55591,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2114],"tags":[3488],"acf":{"service_id":"436"},"authorName":"Hemalatha","authorImageUrl":"https:\/\/corpbiz.io\/learning\/wp-content\/uploads\/2023\/02\/MicrosoftTeams-image-103.jpg","authorDescription":"I have completed L.L.B from Venkateswara University and also completed M.C.A from Anna University. I have 5+ years experience in both technical and legal side. I also have a experience in working as a Attorney in District court and handled civil and criminal cases. My area of interest are environmental law, companies Act 2013 and civil law.","postViews":2557,"readingTime":4,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/55575"}],"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\/58"}],"replies":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/comments?post=55575"}],"version-history":[{"count":4,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/55575\/revisions"}],"predecessor-version":[{"id":55592,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/55575\/revisions\/55592"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/55591"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=55575"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=55575"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=55575"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}