Penalties For Contravention Of Legal Metrology (Packaged Commodities) Rules, 2011

The ministry of Consumer Affairs released LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011. The penalties in the rules are the violation of manufacturing of non-standard Weights & Measures, counterfeiting of seal, short weighment or measurement, use of non-verified weights & measures, not making declarations by the manufacturers on the packaged commodities. The penalty is charged depending upon the nature of offence committed by the accused. The non-compoundable offences are sent to court of law for trial. Here, some penalties you must be aware of if you are dealing with manufacturing or importing of packaged commodities.

Penalties mentioned in the Rule

 

Sr. No	Prose cution	Pena lty	Prosecution and Penalty for violation of Legal Metrology Act, 2009 and rules framed there under	Penalty amount (Ist offence) read with section 49 of Legal Metrology Act, 2009		Fine/imprisonment for IInd Offence (read with section 49 of Legal Metrology Act, 2009	Fine/imprisonment for subsequent Offences (read with section 49 of Legal Metrology Act, 2009)
				If compounded at departmental level	If tried by the honorable court of law
1.	8(3)	25	Use of weight, measure or numeration other than the standard weight, measures or numeration	Rs 2500	Up to Rs.25000	Up to six months imprisonment and also with fine up to Rs.25000	Up to six months imprisonment and also with fine  up to Rs.25000
2	8(4)	27	Manufacture of weights & measures not conforming to standards of w &m	Rs. 2000	Up to Rs.20000	Up to three years imprisonment or fine Rs.20000 or both	Up to three years imprisonment or  fine Rs.20000 or both
3	10	28	Transaction or dealing or contract 111 respect of goods etc. by weight, measure or number as prescribed.	Rs. 1000	Up to Rs.10000	Up to one year imprisonment or Rs.10000 or both	Up to one year imprisonment or Rs.10000  or both
4	11	29	Quote or make announcement or issue or exhibit of price list or charging of price other than 111 accordance with the standard unit of weight or measure or	Rs. 1000 for importers & Manufacturers & Rs.20000 For retailer Ambendent no GSR359€	Rs.10000	Up to one year imprisonment or Rs.10000 or both	Up to one year imprisonment or Rs.10000  or both
5	12	30	Demanding or receiving any articles or thing on service In excess or less than the quantity specified by contract or agreement	Rs. 1000	Up to Rs.10000	Up to one year imprisonment or Rs.10000 or both	Up to one year imprisonment or Rs.10000  or both
6	17	31	Maintenance of records, registers by manufacturer, dealer or repairer and production of weight, measures, documents, register demand	Rs.500	Up to Rs.5000	Up to one year imprisonment and also with fine up to Rs.5000	Up to one year imprisonment and  also, with fine up to Rs.5000
7	18(1)	36(1)	Compliance declarations respect of prepacked commodity manufacturer importer /packer/dealer etc. Non-maintaining of records and register by through dealing in weights or measures	Rs. 2500 for Manufacturer /Importer & Rs5000 For Retailer by Ambendent n / GSR359(E)	Up to Rs.25000	Up to Rs.50000	Not less than Rs.50000 and up to  Rs.100000 or with imprisonment up to  one year or both
8	18(1)	36(2)	Compliance of net quantity requirement of pre-packaged commodity by manufacturer! packer/importer	Rs.15000	Not below Rs.10000 but up to Rs.50000	Up to Rs.100000 or with imprisonment up to one year or both	Up to Rs.100000 or with imprisonment  up to one year or both
9	23	45	Manufacture/of weight or measure with licence	Rs.5000	Up to Rs.20000	Up to one year imprisonment or with fine up to Rs.20000 or with both	Up to one year imprisonment or with fine  up to Rs.20000 or with both
10	23	46	Repair/sale of weight or measure only with licence	Rs.2000	Up to Rs.5000	Up to one year imprisonment or with fine up to Rs.5000 or with both	Up to one year imprisonment or with fine up to Rs.5000 or with both
11	24	33	Use of verified weight or measure in transaction or protection	Rs.5000	Not below Rs.2000 but up to Rs.10000	Up to one year imprisonment and also with fine up to Rs.10000	Up to one year imprisonment and  also, with fine up to Rs.10000
12	33	33	Sale of weight or measure without verification	Rs5000		Up to one year imprisonment and also with fine up to Rs.10000	Up to one year imprisonment and also  with fine up to Rs.10000
13	34	34	Sale or delivery of commodities by non-standard weight or measures	Rs.2500		With imprisonment of not less than three months but up to one year or with fine up to Rs.5000 or both	With imprisonment of not less than three months but up to one year or with fine up to Rs.5000 or both
14	35	35	Rendering service by non-standard weight or measure	Rs.2500		With imprisonment of not less than three months but up to one-year or with fine up to Rs.5000 or with both	With imprisonment of not less than three months but up to one-year or with fine up to Rs.5000 or  with both
15	47	47	Tempering with licence	Rs.5000		Up to Rs.20,000 or with imprisonment up to one year or both	Up to Rs.20,000 or with imprisonment  up to one year or both
16	53(3)	53(3)	Provision of any rule made under the Act	RS.500		Up to Rs. 5000	Up to Rs. 5000

34. Penalty for sale or delivery of commodities, etc., by non-standard weight or measure:

If someone sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any means other than the standard weight or measure or number, will be punished with fine which will not be less than two thousand rupees but may extend to five thousand rupees and, for the second or next offence, with imprisonment for a term which shall not be less than three months but which may extend to one year, or with fine, or with both.

Summary- It provides penalty for sale or delivery of commodities, etc., by non-standard weight or measure with fine not less than Rs.2,000/- but extend to Rs.5,000/- and/or imprisonment up to 1 year.

36. Penalty for selling, etc., of non-standard packages:

1. If someone manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, shall be punished with fine which may extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.
2. If someone manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment for a term which may extend to one year or with both.

If you have any query related to the rule, Legal Metrology team of CliniExperts can guide you to avoid penalty.

Reference:

LEGAL METROLOGY (PACKAGED COMMODITIES) RULES, 2011. Available at: (https://consumeraffairs.nic.in/sites/default/files/uploads/legal-metrology-acts-rules/8.pdf).Accessed on 26th March, 2021.