Provision of the Penalty For Use of Non-Standard Weights and Measures or Numerals
Section 25 of the legal metrology act deals with the penalty for the use of non-standard weights and measures or numeration done by importer, manufacturer, packer, or seller of the commodity. The provision considers various amendments in Legal Metrology Act.
Current Punishment
Any person whosoever deals in legal metrology and commits the violation of the provision by using non-standard weights or measures or numbers shall be punished for or subsequent offence with the imprisonment up to six months and also with fine. (Read also:
Proposed Amendment
The proposed amendment for section 25 of the act is the penalty should be up to rupees 10 lacs.
If the compounding is not done after the appeal stage then the process of cancellation of the licence issued by the central government or state government will be initiated after informing the applicant about the same.
Rational For Decriminalisation
The rationale for decriminalisation in the above-mentioned section in case of the same or similar offence committed earlier shall be punished with a fine, since the violation may not necessarily involve Mens Rea which means the mellafied or criminal intention and may not adversely affect public interest at large. Thus a review of the penalty needs to be done.
Penalty for Tampering or Altering Standard Weights and Measures
Section 26 of the legal metrology act deals with the penalty for tampering or altering standard weights and measures and the offences committed by the manufacturer, packer, seller, importer or dealer of the commodity.
Current Punishment
As per the current punishment prescribed under the act, it is for the second or for the subsequent offence, the person shall be punishable with the imprisonment of six months which may extend to one year, or fine, or both.
The Post Amendments
The proposed amendments for the said section under the act is the penalty up to rupees 10 lacs.
If the compounding is not done after the stage then the process of cancellation of the licence and the Legal Metrology certificate issued by the central or state government will be initiated after informing the same to the applicant.
Penalty for Manufacturing, Sale of Standards or Measures
Provision of penalty for manufacturing or sale of standard or weights is given in section 27 of the Legal Metrology Act.
Current Punishment
Current Punishment under the act for a second or subsequent offence is the imprisonment of up to three years or a fine or both.
The Post Amendments Under the Act
The proposed amendments under the act for the provision given under section 27 of the act is the penalty up to rupees 10 lacs.
If the compounding is not done after the stage of appeal then the process of cancellation of the Legal Metrology licence and LMPC Certificate issued by the state or central government shall be initiated by giving the prior information to the applicant.
Provision of Penalty for Making Transaction or Contract In Contravention of Prescribed Standards
Section 28 of the legal metrology act talks about the penalty for making transactions or contracts in contravention of the prescribed standards.
Current Punishment
Current punishment under Section 28 of the legal metrology act for the second or subsequent offence is imprisonment which may extend up to one year or fine or both.
Proposed Amendment
The proposed amendment for Section 28 of the act is the penalty which may extend up to one Lac rupees.
If compounding is not done after the appeal stage then the process of cancellation of the licence issued by the state government or central government will be initiated with information on the application.
Read Related Blog: Supreme Court in State of UP vs. Aman Mittal, Legal Metrology
