{"id":55609,"date":"2023-04-20T18:15:54","date_gmt":"2023-04-20T12:45:54","guid":{"rendered":"https:\/\/corpbiz.io\/learning\/?p=55609"},"modified":"2024-05-14T16:58:13","modified_gmt":"2024-05-14T11:28:13","slug":"section-23-under-legal-metrology-act-2009","status":"publish","type":"post","link":"https:\/\/corpbiz.io\/learning\/section-23-under-legal-metrology-act-2009\/","title":{"rendered":"Section 23 under Legal Metrology Act, 2009 &#8211; Manufacture of Weight or Measure without a Licence"},"content":{"rendered":"\n<p>Section 23 under Legal Metrology Act, 2009 ensures that the weights or measures are not manufactured, repaired or sold without a licence. The <strong><a href=\"https:\/\/corpbiz.io\/legal-metrology-act-registration\">Legal Metrology Act<\/a><\/strong> 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 <strong>section 23 under Legal Metrology Act, 2009<\/strong> is used to avoid fraudulent license.<\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What is Section 23 under Legal Metrology Act, 2009?<\/h2>\n\n\n\n<p>Section 23 under Legal Metrology Act, 2009\nprohibits manufacturing, repairing, or selling weight or measure without a\nlicence. The following are the steps for whom the license can be provided.<\/p>\n\n\n\n<ul>\n<li>No person,\nwhether the manufacturer, repairs or sells, or offers and exposes or possesses\nfor repair or sale any weights and measures unless they hold a licence issued\nby the controller of the Legal Metrology department under sub\u00adsection (1). Provided\nthat no licence for repair shall be required by a manufacturer for the repair\nof his weight or measure in a State.<\/li>\n\n\n\n<li>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.<\/li>\n<\/ul>\n\n\n\n<p class=\"has-pale-pink-background-color has-background\">Also read: <strong><a href=\"https:\/\/corpbiz.io\/learning\/section-15-under-legal-metrology-act\/\">Section 15 under Legal Metrology Act, 2009<\/a><\/strong><\/p>\n\n\n\n<h2 class=\"wp-block-heading\">What penalties are executed to avoid deviation from Legal Metrology Act?<\/h2>\n\n\n\n<p>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.<\/p>\n\n\n\n<figure class=\"wp-block-table table table-bordered\"><table><tbody><tr><td>\n  <strong>S.No<\/strong>\n  <\/td><td>\n  <strong>Sections\/Rules<\/strong>\n  <\/td><td>\n  <strong>Violation<\/strong>\n  <\/td><td>\n  <strong>For 1<sup>st<\/sup> offence<\/strong>\n  <\/td><td>\n  <strong>For 2<sup>nd<\/sup> and\n  consecutive offence<\/strong>\n  <\/td><\/tr><tr><td>\n  1\n  <\/td><td>\n  <strong>Section\n  8(3)<\/strong> \n  <\/td><td>\n  Use\n  of weight, measure\/numeration other than the standard weight,\n  measure\/numeration\n  <\/td><td>\n  fine,\n  which may be extended to Rs. 25000\/-\n  <\/td><td>\n  imprisonment\n  that may extend to 6 months and with a fine.\n  <\/td><\/tr><tr><td>\n  2\n  <\/td><td>\n  <strong>Section\n  26<\/strong> \n  <\/td><td>\n  Alteration\n  of weight &amp; measure\n  <\/td><td>\n  punished\n  with a fine which may be extended to Rs. 50,000\/-\n  <\/td><td>\n  imprisonment\n  for not less than 6 months but which may be extended to 1 year or with a fine\n  or with both\n  <\/td><\/tr><tr><td>\n  3\n  <\/td><td>\n  <strong>Section 8(4) <\/strong>\n  <\/td><td>\n  Manufacture\n  of weight\/measure not conforming to standards\n  <\/td><td>\n  penalised\n  with a fine which may be extended to Rs. 20,000\/-\n  <\/td><td>\n  imprisonment,\n  which may be extended to 3 years, with a fine, or with both.\n  <\/td><\/tr><tr><td>\n  4\n  <\/td><td>\n  <strong>Section\n  10<\/strong> \n  <\/td><td>\n  Dealing,\n  contract, or transaction concerning products etc., by weight, measure, or\n  numeration than prescribed\n  <\/td><td>\n  with\n  a fine which may be extended to Rs. 10,000\/-\n  <\/td><td>\n  imprisonment,\n  which may be extended to 1 year, with a fine, or with both.\n  <\/td><\/tr><tr><td>\n  5\n  <\/td><td>\n  <strong>Section\n  11<\/strong> \n  <\/td><td>\n  Quote\/make\n  an announcement\/issue\/exhibit of price list\/changing of price than by a\n  standard unit of weight\/measure\/number\n  <\/td><td>\n  penalised\n  with a fine which may be extended to Rs. 10,000\/-\n  <\/td><td>\n  imprisonment,\n  which may be extended to 1 year, with a fine, or with both.\n  <\/td><\/tr><tr><td>\n  6\n  <\/td><td>\n  <strong>Section\n  12<\/strong> \n  <\/td><td>\n  Receiving\n  or demanding any articles or thing on service in excess or less than the\n  quantity specified by agreement or contract.\n  <\/td><td>\n  fine,\n  which may be extended to Rs. 10,000\/-\n  <\/td><td>\n  imprisonment\n  for a term that may be extended to 1 year, with a fine, or with both.\n  <\/td><\/tr><tr><td>\n  7\n  <\/td><td>\n  <strong>Section\n  17<\/strong> \n  <\/td><td>\n  Maintenance\n  of records, registers by manufacturer, repairer\/dealer, and production of\n  weight measure document and register on demand.\n  <\/td><td>\n  fine,\n  which may be extended to Rs. 5,000\/-\n  <\/td><td>\n  imprisonment,\n  which may be extended to 1 year, with a fine, or with both.\n  <\/td><\/tr><tr><td>\n  8\n  <\/td><td>\n  <strong>Section\n  22<\/strong> \n  <\/td><td>\n  Failure\n  to get Model Approved\n  <\/td><td>\n  penalised\n  with a fine which may be extended to Rs. 20,000\/-\n  <\/td><td>\n  imprisonment\n  for a term that may be extended to 1 year, with a fine, or with both.\n  <\/td><\/tr><tr><td>\n  9\n  <\/td><td>\n  <strong>Section\n  24 <\/strong>\n  <\/td><td>\n  Use\n  of unverified weight\/measure\n  <\/td><td>\n  fine,\n  which is not less than Rs. 2, 000\/-\n  <\/td><td>\n  imprisonment\n  for a term extending to one year, along with a fine.\n  <\/td><\/tr><tr><td>\n  10\n  <\/td><td>\n  <strong>Section\n  34 <\/strong>\n  <\/td><td>\n  Sale\n  or delivery of goods or commodities, etc., by non-standard weights\/measure\n  <\/td><td>\n  punished\n  with a fine which is not less than Rs. 2,000\/- which may be extended to Rs.\n  5,000\/-\n  <\/td><td>\n  imprisonment\n  for not less than three months, which may be extended to 1 year, with a fine,\n  or both.\n  <\/td><\/tr><tr><td>\n  11\n  <\/td><td>\n  <strong>Section\n  35 <\/strong>\n  <\/td><td>\n  Providing\n  services by non-standard weight, measure or numeration\n  <\/td><td>\n  punished\n  with a fine which is not less than Rs. 2,000\/- but which may be extended to\n  Rs. 5,000\/-\n  <\/td><td>\n  imprisonment\n  for not less than three months, which may be extended to 1 year, with a fine,\n  or both.\n  <\/td><\/tr><tr><td>\n  12\n  <\/td><td>\n  <strong>Section\n  18(1) <\/strong>\n  <\/td><td>\n  Selling,\n  etc., of non-standard packages\n  <\/td><td>\n  Shall\n  be punished with a fine which is not less than Rs. 25,000\/- but for the\n  second time, which may be extended to Rs. 50,000\/-, and for the subsequent\n  offence, with a fine which is not less than Rs. 50,000\/- but which may extend\n  to Rs. 1 lakhs \n  <\/td><td>\n  imprisonment\n  for a term that may be extended to 1 year, with a fine, or with both.\n  <\/td><\/tr><tr><td>\n  13\n  <\/td><td>\n  <strong>Section\n  37 <\/strong>\n  <\/td><td>\n  Contravention\n  by Government approved Test Centre\n  <\/td><td>\n  will\n  be punished with a fine which may further extend to Rs. 1 lakh\n  <\/td><td>\n  imprisonment\n  for a term which may extend to 1 year or with a fine which may extend to Rs.\n  10,000 or with both.\n  <\/td><\/tr><tr><td>\n  14\n  <\/td><td>\n  <strong>Section\n  19 <\/strong>\n  <\/td><td>\n  Non-registration\n  by the importer of weight\/measure\n  <\/td><td>\n  penalised\n  with a fine up to Rs. 25,000\/-\n  <\/td><td>\n  imprisonment\n  for a term that may be extended to 6 months, with a fine or with both.\n  <\/td><\/tr><tr><td>\n  15\n  <\/td><td>\n  <strong>Section\n  20 <\/strong>\n  <\/td><td>\n  Import\n  of non-standard weight or measure\n  <\/td><td>\n  penalised\n  with a fine which may be extended to Rs. 50,000\/-\n  <\/td><td>\n  imprisonment\n  for a term that may be extended to 1 year and with a fine.\n  <\/td><\/tr><tr><td>\n  16\n  <\/td><td>\n  <strong>Section\n  15 <\/strong>\n  <\/td><td>\n  Obstructing\n  Director, Legal Metrology Officer or Controller\n  <\/td><td>\n  penalised\n  with imprisonment that may be extended to 2 years\n  <\/td><td>\n  imprisonment\n  for a term which may extend to 5 years.\n  <\/td><\/tr><tr><td>\n  17\n  <\/td><td>\n  <strong>Section\n  41 <\/strong>\n  <\/td><td>\n  Giving\n  incorrect information\/false return\n  <\/td><td>\n  Shall\n  be punished or penalised with a fine which may extend to Rs. 5,000\/-\n  <\/td><td>\n  imprisonment,\n  which may extend to 6 months &amp; also with fine\n  <\/td><\/tr><tr><td>\n  18\n  <\/td><td>\n  <strong>Section\n  23 <\/strong>\n  <\/td><td>\n  Manufacturer\n  of weight\/measure without a license\n  <\/td><td>\n  penalised\n  with a fine which may be extended to Rs. 20,000\/-\n  <\/td><td>\n  imprisonment\n  that may extend to one year, with a fine or both.\n  <\/td><\/tr><tr><td>\n  19\n  <\/td><td>\n  <strong>Section\n  47 <\/strong>\n  <\/td><td>\n  Tampering\n  with License \n  &nbsp;\n  <\/td><td>\n  penalised\n  with a fine which may be extended to Rs. 20,000\/-\n  <\/td><td>\n  imprisonment\n  that may extend to one year, with a fine or both.\n  <\/td><\/tr><tr><td>\n  20\n  <\/td><td>\n  <strong>Section\n  53(1) <\/strong>\n  <\/td><td>\n  &nbsp;\n  <\/td><td>\n  The\n  Central Government may provide that a violation thereof shall be punishable\n  with a fine which may extend to Rs. 5,000\/-\n  <\/td><td>\n  &#8211;\n  <\/td><\/tr><\/tbody><\/table><\/figure>\n\n\n\n<h2 class=\"wp-block-heading\">Conclusion<\/h2>\n\n\n\n<p>Every person, manufacturer, or importer who uses the weights or measures in any business transaction shall follow the specified rules of <strong>the Legal Metrology Act, 2009<\/strong><sup><a class=\"text-primary\" href=\"https:\/\/www.indiacode.nic.in\/bitstream\/123456789\/2102\/1\/a201001.pdf\"><strong>[1]<\/strong><\/a><\/sup>. 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.<\/p>\n\n\n\n<p class=\"text-left has-luminous-vivid-amber-background-color has-background\"><b>Important Articles<\/b>: <mark style=\"background: #fffd03 !important;\"><a href=\"https:\/\/corpbiz.io\/learning\/suspension-or-cancellation-of-legal-metrology-act-license\/\">Suspension Or Cancellation Of Legal Metrology Act License<\/a><\/mark><\/p>\n\n\n\n<p class=\"has-luminous-vivid-amber-background-color has-background\"><a href=\"https:\/\/corpbiz.io\/learning\/section-19-under-legal-metrology-act-2009\/\"><strong>Section 19 under Legal Metrology Act, 2009<\/strong><\/a><\/p>\n","protected":false},"excerpt":{"rendered":"<p>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 [&hellip;]<\/p>\n","protected":false},"author":58,"featured_media":55610,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":[],"categories":[2114],"tags":[3493],"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":2980,"readingTime":4,"_links":{"self":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/55609"}],"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=55609"}],"version-history":[{"count":5,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/55609\/revisions"}],"predecessor-version":[{"id":64155,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/posts\/55609\/revisions\/64155"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media\/55610"}],"wp:attachment":[{"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/media?parent=55609"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/categories?post=55609"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/corpbiz.io\/learning\/wp-json\/wp\/v2\/tags?post=55609"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}