Penalties Under Legal Metrology Act – Penalties for Non-Compliance

Penalties Under Legal Metrology Act – Penalties for Non-Compliance. Legal Metrology plays an important role in maintaining fairness and accuracy in trade, consumer protection, and ensuring public safety. It is a branch of metrology that deals with the regulation and enforcement of weights and measures. The Legal Metrology Act, 2009 replaced the previous laws including the Standard Weights and Measures Act, 1976, and the Standards of Weights and Measures (Enforcement) Act, 1985. The Act defines the standards of weights and measures, regulates trade and commerce in weights, measures and other goods sold or distributed by weight, measure or number, and imposes penalties for non-compliance. This article explains in detail the Penalties Under Legal Metrology Act, describing various sections and the corresponding fines or punishments for each type of offence.
Legal Metrology – Key Regulatory Activities
Before diving into the penalties, it is important to understand what activities Legal Metrology relies on. The legal framework rests on three major functions:

Establishing the Law involves setting up rules and standards related to weights and measures.

Supervising the Law: Ensuring enforcement of those standards by relevant authorities.

Facilitating Traceability: Ensuring measuring instruments used in trade or services are accurate and verified.

Legal Metrology ensures compliance in areas such as retail trade, industrial production, utility services, and health and safety. It covers practices ranging from electricity and water billing to radiation therapy equipment, to land measurements in contracts.
Various Penalties Under Legal Metrology Act
The Legal Metrology Act, 2009, prescribes a series of penalties for violations to ensure that measurements used in trade and transactions are consistent and standardised. The following is a detailed explanation of each penal provision under the Act:
Section 8(3) – Use of Non-standard Weights or Measures
Penalty Section: 25 Anyone using weights, measures, or numeration other than standard ones can be fined up to Rs. 25,000. On a second offence, the punishment can include imprisonment up to 6 months and an additional fine.
Section 26 – Alteration of Weight or Measure
Penalty Section: 26 This section penalises any alteration of weights and measures to deceive or cheat. The fine can go up to Rs. 50,000 and in case of a repeat offence, imprisonment from 6 months to 1 year or both fine and imprisonment may apply.
Section 8(4) – Manufacture of Non-standard Weights or Measures
Penalty Section: 27 Manufacturing weights or measures that do not conform to prescribed standards can lead to a fine of up to Rs. 20,000. Repeat offences can invite up to 3 years of imprisonment or additional fines.
Section 10 – Transactions in Non-standard Weights/Measures
Penalty Section: 28 Any business dealing in quantities that are not in line with prescribed weights or measures can be fined up to Rs. 10,000. Repeat offences can result in imprisonment for up to 1 year.
Section 11 – Incorrect Price Declaration
Penalty Section: 29 If any person quotes prices or publishes advertisements with incorrect weights or measures, they can be fined up to Rs. 10,000. On repetition, imprisonment of up to 1 year may follow.
Section 12 – Demanding or Receiving Incorrect Quantity
Penalty Section: 30 This involves demanding or receiving more or less than agreed upon in a service or sale. Offenders may face a fine of Rs. 10,000 or imprisonment for repeat violations.
Section 17 – Failure to Maintain Records
Penalty Section: 31 Manufacturers, repairers, or dealers must maintain proper records and registers. Non-compliance can lead to a fine up to Rs. 5,000 and imprisonment of up to 1 year for repeated offence.
Section 22 – Failure to Get Model Approved
Penalty Section: 32 All weighing and measuring instruments need model approval before use. Non-compliance attracts a penalty up to Rs. 20,000 and imprisonment up to 1 year if repeated.
Section 24 – Use of Unverified Weight or Measure
Penalty Section: 33 Using instruments that are not verified or stamped is a punishable offence with a fine of Rs. 2,000 to Rs. 10,000. Repeated offences may lead to imprisonment of up to 1 year.
Section 34 – Sale Using Non-standard Weights/Measures
Penalty Section: 34 Selling products using incorrect weights or measures can result in a fine between Rs. 2,000 and Rs. 5,000. Second-time violators may face imprisonment for 3 months to 1 year.
Section 35 – Non-standard Services
Penalty Section: 35 Providing services using non-standard weights or measures also invites a fine of Rs. 2,000 to Rs. 5,000. Subsequent offences may lead to 3 months to 1 year of imprisonment.
Section 18(1) – Selling Non-standard Packaged Goods
Penalty Section: 36(1) Selling goods in packages that do not meet the prescribed standards can result in a fine starting from Rs. 25,000, rising to Rs. 1 lakh and imprisonment for repeated violations.
Section 18(2) – Errors in Net Quantity on Pre-packaged Goods
Penalty Section: 36(2) Manufacturing, importing, or selling pre-packed goods with incorrect net quantity may attract imprisonment up to 1 year or a fine of Rs. 10,000 or both.
Section 37 – Government Approved Test Centre Violations
Penalty Section: 37 Government-approved centres violating the law may face fines up to Rs. 1 lakh or imprisonment for 1 year.
Section 19 – Importers Not Registered
Penalty Section: 38 Importers of weights or measures must be registered. Failure to do so results in a fine up to Rs. 25,000 and possible imprisonment up to 6 months for repeat violations.
Section 20 – Import of Non-standard Instruments
Penalty Section: 39 Importing unapproved weights or measures may attract a fine of Rs. 50,000 and imprisonment up to 1 year upon second offence.
Section 15 – Obstruction of Legal Officers
Penalty Section: 40 Obstructing an officer performing their duty is a serious offence punishable by imprisonment up to 2 years and up to 5 years for repeat offences.
Section 41 – False Returns or Misleading Information
Penalty Section: 41 Furnishing incorrect information or false returns leads to a fine up to Rs. 5,000 and imprisonment up to 1 year for repeated offences.
Section 42 – Vexatious Searches
Penalty Section: 42 Carrying out unnecessary or illegal searches may result in imprisonment up to 1 year or a fine of Rs. 10,000.
Section 43 – Illegal Verification
Penalty Section: 43 Verifying weights or measures contrary to the rules is punishable by imprisonment up to 1 year or fine up to Rs. 10,000 or both.
Section 44 – Counterfeiting Seals or Stamps
Penalty Section: 44 Creating counterfeit verification stamps can lead to imprisonment from 6 months to 1 year, and up to 5 years for repeat offences.
Section 23 – Manufacturing Without a License
Penalty Section: 45 Manufacturing weights or measures without proper licensing can result in a fine up to Rs. 20,000 or imprisonment for one year for repeated violations.
Section 23 – Sale or Repair Without a License
Penalty Section: 46 Selling or repairing weights or measures without a license can lead to a fine up to Rs. 5,000 or imprisonment up to 1 year.
Section 47 – Tampering with License
Penalty Section: 47 Altering or tampering with licenses related to weights and measures is an offence punishable by Rs. 20,000 fine and imprisonment up to 1 year.
Section 49 – Offences by Companies
Penalty Section: 49 Companies found guilty under the Act will be penalised. The law allows the court to publish the company’s name and business location as a part of the penalty.
Section 52(1) – Breach of Rules
Penalty Section: 52(3) Any violation of the rules made under this section may lead to a fine up to Rs. 5,000.
Rules under Packaged Commodities Rules, 2011
Penalty Section: Rules 32(1) and 32(2)

Selling above MRP or smudging the printed price results in a fine of Rs. 2,000.

Non-registration of packers, importers or manufacturers attracts a fine of Rs. 4,000.

Conclusion
The Legal Metrology Act, 2009 plays an important role in ensuring that business transactions based on measurements are conducted fairly and accurately. By prescribing stringent penalties for a wide range of offences, the Act ensures that stakeholders in the supply chain maintain integrity and transparency. These penalties under Legal Metrology Act are designed to deter malpractices and uphold consumer trust. Therefore, businesses must ensure strict compliance with Legal Metrology provisions to avoid legal consequences and contribute to a fair trading environment.
If you need any support in obtaining LMPC Registration Certificate, you can connect with Compliance Calendar LLP experts through mail at info@ccoffice.in or Call/Whatsapp at +91 9988424211.
FAQs
Q1. What is the purpose of the Legal Metrology Act, 2009?
Ans. The Legal Metrology Act, 2009 aims to establish and enforce standards of weights and measures to ensure fair trade, consumer protection, and public safety. It also prescribes penalties for violations to maintain compliance in the use of weighing and measuring instruments.
Q2. What happens if someone uses non-standard weights or measures?
Ans. If a person uses weights or measures that do not conform to the standard prescribed by the Act, they can be fined up to Rs. 25,000. If repeated, they may also face imprisonment of up to 6 months in addition to a fine.
Q3. Are there penalties for manufacturing non-standard measuring instruments?
Ans. Yes, manufacturing non-standard instruments attracts a fine up to Rs. 20,000 under Section 8(4). A repeated offence may lead to imprisonment of up to 3 years or both fine and imprisonment.
Q4. Can businesses be penalised for not maintaining proper records?
Ans. Yes, manufacturers, repairers, or dealers who fail to maintain proper records as required under Section 17 may face a fine up to Rs. 5,000. For repeated offences, imprisonment up to 1 year can be imposed.
Q5. What is the penalty for selling products above the Maximum Retail Price (MRP)?
Ans. Under the Legal Metrology (Packaged Commodities) Rules, 2011, selling any packaged product above the declared MRP can result in a fine of Rs. 2,000.
Q6. Are there consequences for tampering with a license under Legal Metrology?
Ans. Yes, tampering with a license can attract a fine up to Rs. 20,000. If the offence is repeated, imprisonment of up to 1 year may also be imposed.
Q7. How are companies penalised for offences under the Legal Metrology Act?
Ans. Companies found guilty under the Act can be penalised, and courts have the power to publish their name and business location as part of the penalty under Section 49.
Q8. What is the penalty for importing non-standard weights or measures?
Ans. Importing non-standard weights or measures is punishable with a fine up to Rs. 50,000 under Section 20. A second offence may attract imprisonment up to 1 year along with a fine.

Legal Metrology plays an important role in maintaining fairness and accuracy in trade, consumer protection, and ensuring public safety. It is a branch of metrology that deals with the regulation and enforcement of weights and measures. The Legal Metrology Act, 2009 replaced the previous laws including the Standard Weights and Measures Act, 1976, and the Standards of Weights and Measures (Enforcement) Act, 1985. The Act defines the standards of weights and measures, regulates trade and commerce in weights, measures and other goods sold or distributed by weight, measure or number, and imposes penalties for non-compliance. This article explains in detail the Penalties Under Legal Metrology Act, describing various sections and the corresponding fines or punishments for each type of offence.

Legal Metrology – Key Regulatory Activities

Before diving into the penalties, it is important to understand what activities Legal Metrology relies on. The legal framework rests on three major functions:

Establishing the Law involves setting up rules and standards related to weights and measures.
Supervising the Law: Ensuring enforcement of those standards by relevant authorities.
Facilitating Traceability: Ensuring measuring instruments used in trade or services are accurate and verified.

Various Penalties Under Legal Metrology Act

The Legal Metrology Act, 2009, prescribes a series of penalties for violations to ensure that measurements used in trade and transactions are consistent and standardised. The following is a detailed explanation of each penal provision under the Act:

Section 8(3) – Use of Non-standard Weights or Measures

Penalty Section: 25 Anyone using weights, measures, or numeration other than standard ones can be fined up to Rs. 25,000. On a second offence, the punishment can include imprisonment up to 6 months and an additional fine.

Section 26 – Alteration of Weight or Measure

Penalty Section: 26 This section penalises any alteration of weights and measures to deceive or cheat. The fine can go up to Rs. 50,000 and in case of a repeat offence, imprisonment from 6 months to 1 year or both fine and imprisonment may apply.

Section 8(4) – Manufacture of Non-standard Weights or Measures

Penalty Section: 27 Manufacturing weights or measures that do not conform to prescribed standards can lead to a fine of up to Rs. 20,000. Repeat offences can invite up to 3 years of imprisonment or additional fines.

Section 10 – Transactions in Non-standard Weights/Measures

Penalty Section: 28 Any business dealing in quantities that are not in line with prescribed weights or measures can be fined up to Rs. 10,000. Repeat offences can result in imprisonment for up to 1 year.

Section 11 – Incorrect Price Declaration

Penalty Section: 29 If any person quotes prices or publishes advertisements with incorrect weights or measures, they can be fined up to Rs. 10,000. On repetition, imprisonment of up to 1 year may follow.

Section 12 – Demanding or Receiving Incorrect Quantity

Penalty Section: 30 This involves demanding or receiving more or less than agreed upon in a service or sale. Offenders may face a fine of Rs. 10,000 or imprisonment for repeat violations.

Section 17 – Failure to Maintain Records

Penalty Section: 31 Manufacturers, repairers, or dealers must maintain proper records and registers. Non-compliance can lead to a fine up to Rs. 5,000 and imprisonment of up to 1 year for repeated offence.

Section 22 – Failure to Get Model Approved

Penalty Section: 32 All weighing and measuring instruments need model approval before use. Non-compliance attracts a penalty up to Rs. 20,000 and imprisonment up to 1 year if repeated.

Section 24 – Use of Unverified Weight or Measure

Penalty Section: 33 Using instruments that are not verified or stamped is a punishable offence with a fine of Rs. 2,000 to Rs. 10,000. Repeated offences may lead to imprisonment of up to 1 year.

Section 34 – Sale Using Non-standard Weights/Measures

Penalty Section: 34 Selling products using incorrect weights or measures can result in a fine between Rs. 2,000 and Rs. 5,000. Second-time violators may face imprisonment for 3 months to 1 year.

Section 35 – Non-standard Services

Penalty Section: 35 Providing services using non-standard weights or measures also invites a fine of Rs. 2,000 to Rs. 5,000. Subsequent offences may lead to 3 months to 1 year of imprisonment.

Section 18(1) – Selling Non-standard Packaged Goods

Penalty Section: 36(1) Selling goods in packages that do not meet the prescribed standards can result in a fine starting from Rs. 25,000, rising to Rs. 1 lakh and imprisonment for repeated violations.

Section 18(2) – Errors in Net Quantity on Pre-packaged Goods

Penalty Section: 36(2) Manufacturing, importing, or selling pre-packed goods with incorrect net quantity may attract imprisonment up to 1 year or a fine of Rs. 10,000 or both.

Section 37 – Government Approved Test Centre Violations

Penalty Section: 37 Government-approved centres violating the law may face fines up to Rs. 1 lakh or imprisonment for 1 year.

Section 19 – Importers Not Registered

Penalty Section: 38 Importers of weights or measures must be registered. Failure to do so results in a fine up to Rs. 25,000 and possible imprisonment up to 6 months for repeat violations.

Section 20 – Import of Non-standard Instruments

Penalty Section: 39 Importing unapproved weights or measures may attract a fine of Rs. 50,000 and imprisonment up to 1 year upon second offence.

Section 15 – Obstruction of Legal Officers

Penalty Section: 40 Obstructing an officer performing their duty is a serious offence punishable by imprisonment up to 2 years and up to 5 years for repeat offences.

Section 41 – False Returns or Misleading Information

Penalty Section: 41 Furnishing incorrect information or false returns leads to a fine up to Rs. 5,000 and imprisonment up to 1 year for repeated offences.

Section 42 – Vexatious Searches

Penalty Section: 42 Carrying out unnecessary or illegal searches may result in imprisonment up to 1 year or a fine of Rs. 10,000.

Section 43 – Illegal Verification

Penalty Section: 43 Verifying weights or measures contrary to the rules is punishable by imprisonment up to 1 year or fine up to Rs. 10,000 or both.

Section 44 – Counterfeiting Seals or Stamps

Penalty Section: 44 Creating counterfeit verification stamps can lead to imprisonment from 6 months to 1 year, and up to 5 years for repeat offences.

Section 23 – Manufacturing Without a License

Penalty Section: 45 Manufacturing weights or measures without proper licensing can result in a fine up to Rs. 20,000 or imprisonment for one year for repeated violations.

Section 23 – Sale or Repair Without a License

Penalty Section: 46 Selling or repairing weights or measures without a license can lead to a fine up to Rs. 5,000 or imprisonment up to 1 year.

Section 47 – Tampering with License

Penalty Section: 47 Altering or tampering with licenses related to weights and measures is an offence punishable by Rs. 20,000 fine and imprisonment up to 1 year.

Section 49 – Offences by Companies

Penalty Section: 49 Companies found guilty under the Act will be penalised. The law allows the court to publish the company’s name and business location as a part of the penalty.

Section 52(1) – Breach of Rules

Penalty Section: 52(3) Any violation of the rules made under this section may lead to a fine up to Rs. 5,000.

Rules under Packaged Commodities Rules, 2011

Penalty Section: Rules 32(1) and 32(2)

Selling above MRP or smudging the printed price results in a fine of Rs. 2,000.
Non-registration of packers, importers or manufacturers attracts a fine of Rs. 4,000.

Conclusion

The Legal Metrology Act, 2009 plays an important role in ensuring that business transactions based on measurements are conducted fairly and accurately. By prescribing stringent penalties for a wide range of offences, the Act ensures that stakeholders in the supply chain maintain integrity and transparency. These penalties under Legal Metrology Act are designed to deter malpractices and uphold consumer trust. Therefore, businesses must ensure strict compliance with Legal Metrology provisions to avoid legal consequences and contribute to a fair trading environment.

If you need any support in obtaining LMPC Registration Certificate, you can connect with Compliance Calendar LLP experts through mail at info@ccoffice.in or Call/Whatsapp at +91 9988424211.

FAQs

Q1. What is the purpose of the Legal Metrology Act, 2009?

Ans. The Legal Metrology Act, 2009 aims to establish and enforce standards of weights and measures to ensure fair trade, consumer protection, and public safety. It also prescribes penalties for violations to maintain compliance in the use of weighing and measuring instruments.

Q2. What happens if someone uses non-standard weights or measures?

Ans. If a person uses weights or measures that do not conform to the standard prescribed by the Act, they can be fined up to Rs. 25,000. If repeated, they may also face imprisonment of up to 6 months in addition to a fine.

Q3. Are there penalties for manufacturing non-standard measuring instruments?

Ans. Yes, manufacturing non-standard instruments attracts a fine up to Rs. 20,000 under Section 8(4). A repeated offence may lead to imprisonment of up to 3 years or both fine and imprisonment.

Q4. Can businesses be penalised for not maintaining proper records?

Ans. Yes, manufacturers, repairers, or dealers who fail to maintain proper records as required under Section 17 may face a fine up to Rs. 5,000. For repeated offences, imprisonment up to 1 year can be imposed.

Q5. What is the penalty for selling products above the Maximum Retail Price (MRP)?

Ans. Under the Legal Metrology (Packaged Commodities) Rules, 2011, selling any packaged product above the declared MRP can result in a fine of Rs. 2,000.

Q6. Are there consequences for tampering with a license under Legal Metrology?

Ans. Yes, tampering with a license can attract a fine up to Rs. 20,000. If the offence is repeated, imprisonment of up to 1 year may also be imposed.

Q7. How are companies penalised for offences under the Legal Metrology Act?

Ans. Companies found guilty under the Act can be penalised, and courts have the power to publish their name and business location as part of the penalty under Section 49.

Q8. What is the penalty for importing non-standard weights or measures?

Ans. Importing non-standard weights or measures is punishable with a fine up to Rs. 50,000 under Section 20. A second offence may attract imprisonment up to 1 year along with a fine.