Meenakshi Gupta, Associate

Shambhavi Pathak, Associate

Introduction

The Legal Metrology Act, 2009 (“the Act”) was enacted with the objective to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. This Act replaced the “Standards of Weight and Measures Act, 1976” and the “Standards of Weights and Measures (Enforcement) Act, 1985.

The term “Legal Metrology” [defined under Section 2(g) of the Act] means, that part of metrology which treats units of weighment and measurement, methods of weighment and measurement and weighing and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the weighment and measurements.

Compounding of offences

Section 48 of the Act deals with the compounding of offences punishable under Sections 25, 27 to 39 and 45 to 47 or any rule made under sub-section (3) of Section 52 which authorizes the concerned officer in the department to compound the matter.

Whenever any violation is observed by the Legal Metrology Officer during inspection or on a complaint, as the case may be, he may issue a notice to the person concerned with the violation and if the person to whom notice is issued, agrees with the notice, he may compound the offence by paying the compounding fee and the case will be closed.  In other words, no proceedings or further proceedings, as the case may be, shall be taken against the offender in respect of the offence so compounded.

If the person is found committing same or similar offence, within a span of three years from the date on which first offence committed by him was compounded, then it shall be considered as subsequent or second offence for the purpose of sub-section (4) of Section 48 of the Act. Under these circumstances, the subsequent offence will not be compounded under sub-section (1) of Section 48 of the Act.

If the person to whom notice is issued does not agree with the charges made by the Legal Metrology Officer, he may appeal under Section 50 of the Act against the decision/ order of Legal Metrology Officer to the Controller of Legal Metrology and against the orders of Controller to the State Government. Every such appeal shall be preferred within sixty days from the date on which the impugned order was made.

The Act also states that few of the offences may be compounded before or after the institution of a prosecution, on payment of a prescribed sum.

The offences compounded under the Act can be tabulated as follows:

S.NO.	SECTION	PARTICULAR	PENALTY
1.	Section 25	Penalty for use of non-standard weight or measure	Fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine
2.	Section 27	Penalty for manufacture or sale of non-standard weight or measure	Fine which may extend to twenty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to three years or with fine or with both
3.	Section 28	Penalty for making any transaction, deal or contract in contravention of the prescribed standards	Fine which may extend to ten thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both
4.	Section 29	Penalty for quoting or publishing, etc., of non-standard units	Fine which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both
5.	Section 30	Penalty for transactions in contravention of standard weight and measure	Fine which may extend to ten thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both
6.	Section 31	Penalty for non-production of documents, etc.	Fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine
7.	Section 32	Penalty for failure to get model approved	Fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine
8.	Section 33	Penalty for use of unverified weight or measure	Fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine
9.	Section 34	Penalty for sale or delivery of commodities, etc., by non-standard weight or measure	Fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and, for the second or subsequent 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
10.	Section 35	Penalty for rendering services by lion-standard weight, measure or number	Fine which shall not be less than two thousand rupees but which may extend to five thousand rupees and for the second or subsequent 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
11.	Section 36	Penalty for selling, etc., of non-standard, packages	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
12.	Section 37	Penalty for contravention by Government approved Test Centre	Fine which may extend to one lakh rupees
13.	Section 38	Penalty for non-registration by importer of weight or measure	Fine which may extend to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months or with fine, or with both
14.	Section 39	Penalty for import of non-standard weight or measure	Fine, which may extend to fifty thousand rupees and for the second or subsequent offence with imprisonment for a term which may extend to one year and also with fine
15.	Section 45	Penalty for manufacture of weight and measure without license	Fine which may extend to twenty thousand rupees and for the second or subsequent offence, with imprisonment for a term which may, extend to one year, or with fine, or with both
16.	Section 46	Penalty for repair, sale etc. of weight and measure without licence	Fine which may extend to five thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both
17.	Section 47	Penalty for tampering with licence	Fine which may extend to twenty thousand rupees, or with imprisonment for a term which may extend to one year or with both