Offenses related to Weight and Measure
In India, the Legal Metrology Act, 2009 deals with the methods and units of the weight and measurement relating to the obligatory legal and technical compliances. The same is done to make sure public assurance from the security’s point of view. This act also provides punishments for the offenses related to weight and measure. Further, the main aim behind the enforcement of the Act is listed below:
The key offenses related to weight and measure are listed below:
The steps listed below are involved in the procedure of filing a complaint for the offenses related to weight or measure.
In case the Complainant files the complaint for the offenses related to weight and measures to the Nodal Agencies:
However, if in case the Complainant directly files the complaint to the Department of Administrative Reforms and Public Grievance, then also the procedure prescribed for grievance redressal will remain the same. Moreover, the same will start from point c) mentioned above.
Yes, an Appeal can be filed in the offenses related to weight, against the order or the decision passed by any legal officer, director, or controller under the Legal Metrology Act. The same is required to be filed to the next higher authority within a time span of sixty days, starting from the day of passing the decision or order.
No, the offenses related to weight mentioned under the Indian Penal Code are not in the ambit of the Legal Metrology Act. The same has been clarified by the Hon’ble Supreme Court in the case, “State of Uttar Pradesh v. Aman Mittal.” The Apex court held that the schema of the Legal Metrology Act, 2009, is for the offenses relating to the usage of weights and measures that are non-standard. It also includes offense concerning tampering with, modifying, or altering any prescribed standards, whether working standards, or secondary standards of any weight or measure. Moreover, this Act does not forecast any offense concerning cheating as described under Section 415 of the Indian Penal Code, or the offenses mentioned under Sections 467, 468, and 471 of the Indian Penal Code.
Hence, a person will not be charged for any offenses related to weight or measure which is falling under Chapter XIII of the Indian Penal Code, in view of the provisions specified under the Legal Metrology Act, 2009.
Sl. No. |
Section and nature of offense |
Penal Section |
Penalties |
1 |
Section 8 (3): Use of weights, measures, or numeration other than the Standard weights, measures, or numeration. |
Section 25 |
The same shall be punished with a fine up to Rs 25,000. For the second or subsequent offense, with an imprisonment for a period up to 06 months along with the fine. |
2. |
Section 26: Alteration of weights and measures |
Section 26 |
The same shall be penalized with a fine which goes to the extent of Rs 50,000. For the subsequent offense, with an imprisonment for a period of 06 months which goes up to 01 year, or with a fine, or with both. |
3 |
Section 8 (4): Manufacture of weights or measures not in compliance to the Standards |
Section 27 |
The same shall be penalized with a fine which goes to the extent of Rs 20,000. For a subsequent offense, with an imprisonment for a period up to 03 years, or with a fine, or with both. |
4 |
Section 10: Transaction or Dealing, or Contract regarding goods, etc., by weights, measures, or numbers than prescribed. |
Section 28 |
The same shall be penalized with a fine which goes to the extent of Rs 10,000. For a subsequent offense, with an imprisonment for a period up to 01 year, or with a fine, or with both. |
5 |
Section 11: Quote or Make a declaration or grant or display of the price list or changing of the price than according to the standard unit of weights or measures or numerations. |
Section 29 |
The same shall be penalized with a fine up to Rs 10,000. For the subsequent offense, with an imprisonment for a period up to 01 year, or with a fine, or with both. |
6 |
Section 12: Demanding or Receiving any commodities or articles on the service less than or above the quantity mentioned by contract or agreement. |
Section 30 |
The same shall be punished with a fine which goes up to Rs 10,000. For the subsequent offense, with an imprisonment for a period up to 01 year, or with a fine, or even both. |
7. |
Section 17: Maintenance of the Records, and Registers maintained by the Dealers, Manufacturers, or Repairers, and Production of Weights, Measures document, Register on demand |
Section 31 |
The same will be penalized with a fine which may extend further to Rs 5,000. For the subsequent offense, with an imprisonment for a period up to 01 year, and also with a fine. |
8. |
Section 22: Failure to acquire the model approved. |
Section 32 |
The same shall be penalized with a fine up to Rs 20,000. For the second, or subsequent offense, with an imprisonment for a period up to 01, and also with a fine. |
9. |
Section 24: Use of any unverified weights or measures |
Section 33 |
The same will be punished with a fine not be less than Rs 2,000, but which may go up to Rs 10,000. For the second or the subsequent offense, with an imprisonment for a period up to 01 year, and even with fine. |
10. |
Section 34: Sale or Delivery of the commodities, etc., by the non-standard weights or measures |
Section 34 |
The same shall be penalized with a fine amounting Rs 2,000 but which may extend further to Rs 5,000. For the subsequent offense, with an imprisonment for a period not be less than 03 months, but may extend further to 01 year, or with a fine, or even both. |
11. |
Section 35: Rendering services by the non-standard weights, measures, or numbers. |
Section 35 |
The same will be punished with a fine not be less than Rs 2,000, but which may extend further to Rs 5000. For the second or the subsequent offense, with an imprisonment for a period which will not be less than 03 months, but may extend further to 01 year, or with a fine, or even both. |
12. |
Section 18 (1): Selling, etc., of the non-standard packages |
Section 36 (1) |
The same will be penalized with a fine which goes to the extent of Rs 25,000. For the subsequent offense, a fine which may extend further to Rs 50,000 to Rs 1,00,000 or with an imprisonment for 01 year or with both. |
13 |
Section 18 (2): Whoever manufactures, imports, or packs or likely to be manufactured, imported, or packed any pre-packed product with an error in the net quantity. |
Section 36 (2) |
The same will be penalized with an imprisonment for 01 year, or with a file up to Rs 10,000, or with both. |
14. |
Section 37: Any Breach by the Government approved Test Centres |
Section 37 |
The same will be punished with a fine, which goes to the extent of Rs 1,00,000. For the subsequent, or second offense, with an imprisonment for a period which may go to the extent of 01 year, and also with a fine up to Rs 10,000. |
15. |
Section 19: The Non-registration by the Importer of weights or measures |
Section 38 |
same will be punished with a fine, which goes to the extent of Rs 25,000. For the subsequent, or second offense, with an imprisonment for a period which may go to the extent of 06 months, and also with a fine. |
16. |
Section 20: Import of the Non-standard weights or measures |
Section 39 |
The same will be punished with a fine, which goes to the extent of Rs 50,000. For the subsequent, or second offense, with an imprisonment for a period which may go to the extent of 01 year, and also with a fine. |
17. |
Section 15: For Obstructing Controller, Director, or any Legal Metrology Officer |
Section 40 |
The same shall be penalized with imprisonment for a period which may extend further to 02 years. For the subsequent, or second offense, with an imprisonment for a period that may go to 05 years. |
18. |
Section 41: Providing False Information or False Return |
Section 41 |
1. The same will be penalized with a fine which may extend to Rs 5000. For the subsequent or second offense, the imprisonment for a period which may extend further to 06 months, and also with a fine. |
19. |
Section 42: Vexatious search |
Section 42 |
The same will be punished with an imprisonment for a period which may extend further to a term of 01 year, or with a fine which may extend further to Rs 10,000, or with both. |
20 |
Section 43: Verification and Investigation in the contravention of the Act, and Rules |
Section 43 |
The same will be penalized with imprisonment for 01 year, or with a fine which may extend further to Rs 10,000 or with both. |
21 |
Section 44: Counterfeiting of the seals, etc. |
Section 44 |
The same will be punished with imprisonment for a period which will at least 06 months but may extend further to one year. Moreover, the second or the subsequent offense, may lead to a conviction for a period which will not be less than 06 months but may extend further to 05 years. |
22 |
Section 23: Manufacturing weights or measures without obtaining license |
Section 45 |
The same will be penalized with a fine which may extend further to Rs 20,000, and for the subsequent offense, with an imprisonment for a period which may extend further to 01 year, or with a fine, or even both. |
23 |
Section 23: Repair or Sale of the weights or measures without license |
Section 46 |
The same shall be penalized with a fine which may extend to Rs 5,000 and for the second or subsequent offense, with an imprisonment for a period which may extend further to 01 year, or with a fine, or with both. |
24 |
Section 47: Tampering with the issued License |
Section 47 |
The same will be penalized with a fine which may extend further to Rs 20,000 or with an imprisonment for a period which may extend further to 01 year, or even both. |
25 |
Section 49: Offences by Companies |
Section 49 |
The same will be liable to be ensued against and punished appropriately and the power of the court to issue name, place of business, etc., for the companies convicted. |
26. |
Section 52 (1): Provision of any regulation made under this Act |
52 (3) of the Legal Metrology Act |
In making any rule under this said section, the Central Government will provide that any kind of violation thereof will be punishable with a fine, which may also go to the extent of Rs 5000. |
27. |
Rules 18 (2) of the Legal Metrology (Packaged Commodities) Rules, 2011: The sale of any commodity which is in a packed form at a cost more than the MRP (Maximum Retail Price) |
Rules 32 (2) of the Legal Metrology (Packaged Commodities) Rules, 2011 |
The same shall be penalized with a fine of Rs 2000. |
28 |
Rules 18 (5) of the Legal Metrology (Packaged Commodities) Rules, 2011: Destroy, Smear or alter the MRP (Maximum Retail Price) displayed by the Manufacturers or packers or the Importers |
Rules 32 (2) of the Legal Metrology (Packaged Commodities) Rules, 2011 |
The same shall be punished with a fine of Rs 2,000. |
29. |
Rules 27- 31 of the Legal Metrology (Packaged Commodities) Rules, 2011: Non-Registration of the manufacturers, importers, and packers of the packaged commodities |
Rules 32 (1) of the Legal Metrology (Packaged Commodities) Rules, 2011 |
The same shall be penalized with a fine of Rs 4,000. |
30. |
S 53 (1) Provision regarding any other rule made under the Act |
53 (3) |
In making any regulation under this section, the respective State Government shall provide that a breach thereof will be punished by a fine which may extend further to Rs 5000. |
In case an individual omits or fails to obtain verification or re-verification of his or her weigh or measure without any sufficient cause to do so, he or she will be penalized with a fine which not be less than Rs 2,000, but may go extend up to Rs 10,000. Further, such a weight or measure can also be seized or confiscated on inspection.
No, the license granted or renewed under the Legal Metrology Act will not be saleable or otherwise transferable.
Name of the Weights Period of Validity
Iron Weights 02 Years
Bullion Weights 02 Years
Counter Machine 02 Years
Beam Scale 02 Years
Electronic Scale 01 Year
Platform Machine 01 Year
Steel Meter 01 Year
Volume Measures 02 Years
Peg Measures 02 Year
For the public facility, the Government has formed four Quarters:
a) January to March
b) April to June
c) July to September
d) October to December
For instance: Any weight or measure which got verified in April, then the same can be re-verified up to the next due month, i.e., April to June without any penalty.
Yes, it is compulsory to display the certificate of verification for every individual who has been granted a certificate under the Act. Moreover, the same is required to be displayed at some conspicuous place of the premises in which such weights or measures are being used, or is likely to be used, for any industrial production.
No, a person or an individual cannot use, sell, or offer any weights or measures which are unstamped in any transaction or for industrial production unless the same has been duly verified and stamped by the inspector of the Legal Metrology Department.
Yes, the manufacturer/ dealers/ repairers must obtain a license for the weights and measure as per the prescribed form and guidelines in the Act.
The Controller appointed under the Legal Metrology Act is the competent authority to issue the license. For obtaining a license under the Legal Metrology the concerned applicant is required to submit his application to the Inspectorate Office of the respective district.
The punishment prescribed for the person who gives less or short deliveries goes up to the extent of Rs 10,000.
The punishment prescribed for the person who is selling the commodities at more than the prescribed MRP is a fine which may extend up to Rs 2,000.
|
Delhi
35+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Ghaziabad
34+ Year Experience
PRACTICE AREAS: Admiralty Law + 18 more
Book an Appointment|
Agra
21+ Year Experience
PRACTICE AREAS: Alcohol Law + 18 more
Book an Appointment|
Jaipur
16+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Delhi
15+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
15+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Tees Hazari Delhi
14+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
14+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
10+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
10+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Sector 63 Noida
9+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Delhi
8+ Year Experience
PRACTICE AREAS: Admiralty Law + 46 more
Book an Appointment|
Delhi
7+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
11 SIKH COLONY, UDAIPUR (RAJ.)
7+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Delhi
7+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Delhi
7+ Year Experience
PRACTICE AREAS: Admiralty Law + 84 more
Book an Appointment|
Delhi
7+ Year Experience
PRACTICE AREAS: Admiralty Law + 20 more
Book an Appointment|
Jaipur
6+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
6+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
6+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
6+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Sector 63, Noida
5+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Sector 63, Noida
5+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
5+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
5+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
5+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Cuttack
5+ Year Experience
PRACTICE AREAS: Admiralty Law + 9 more
Book an Appointment|
Sector 63, Noida
4+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Delhi
4+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Delhi
4+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
4+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Jaipur
4+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Sector-63, Noida
3+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Sector-63, Noida
3+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Delhi
3+ Year Experience
PRACTICE AREAS: Admiralty Law + 20 more
Book an Appointment|
Sector 63, Noida
2+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Delhi
2+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
Delhi
1+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an Appointment|
B-78 Sector-60
0+ Year Experience
PRACTICE AREAS: Admiralty Law + 101 more
Book an AppointmentLawyerINC and their dedicated legal expert team made my DIN activation simple and easy. They made me understand the whole procedure for filing the DIN application and assisted me in the same.
I registered my trademark through LawyerINC. They provide for trademark registration services at an affordable price. They have covered all our requirements, beginning from the trademark search, registration of trademark, and trademark filings. They have a highly qualified team who were proficient in solving the issues faced by me.
Divorce was the most difficult decision for both of us. The legal team helped us to have a hassle free mutual divorce. The whole process was handled swiftly by their team of legal experts. Their team assisted us in filing the mutual consent divorce petition and helped us obtain the divorce decree from the Court.