The Ministry of Consumer Affairs, Food and Public Distribution has notified that the key amendments to the provisions of the Legal Metrology Act, 2009, as outlined in the Jan Vishwas (Amendment of Provisions) Act, 2023, has come into effect from October 1, 2023.
The Jan Vishwas Act introduces significant changes to the Legal Metrology Act, 2009, with a focus on enhancing penalties and enforcement measures. Below are the key highlights of the amendments:
1. Penalty for Use of Non-Standard Weight or Measure (Section 25):
- Previously, the punishment for using numeration that did not conform to the standards of weight or measure was a fine of up to twenty-five thousand rupees.
- The amendment has now substituted this with a fine of “one lakh rupees for the first offence, two lakh rupees for the second offence, and for the third and subsequent offences, a fine of up to five lakh rupees.”
2. Penalty for Manufacture or Sale of Non-Standard Weight or Measure (Section 27):
- Earlier, the punishment for manufacturing, selling, or exposing any weight or measure that did not conform to standards was a fine of up to twenty thousand rupees.
- The amendment replaces this with a fine of “one lakh rupees for the first offence, two lakh rupees for the second offence, and for the third and subsequent offences, a fine of up to four lakh rupees.”
3. Penalty for Making Transactions in Contravention of Standards (Section 28):
- Previously, the prescribed punishment for contravention was a fine of up to ten thousand rupees.
- The amendment now sets a fine of “fifty thousand rupees for the first offence, one lakh rupees for the second offence, and for the third and subsequent offences, a fine of up to two lakh rupees.”
4. Penalty for Quoting or Publishing Non-Standard Units (Section 29):
- The earlier punishment was a fine of up to one thousand rupees for the first offence and imprisonment for up to one year or a fine for subsequent offences.
- The amendment introduces a fine of “fifty thousand rupees for the second offence, and for the third and subsequent offences, a fine of up to two lakh rupees.”
5. Penalty for Non-Production of Documents (Section 31):
- Previously, the punishment for failing to submit returns, maintain records, or registers was a fine of up to five thousand rupees.
- The amendment now imposes a fine of “twenty-five thousand rupees for the first offence, fifty thousand rupees for the second offence, and for the third and subsequent offences, a fine of up to one lakh rupees.”
6. Penalty for Sale or Delivery of Commodities by Non-Standard Weight or Measure:
- The earlier penalty was a fine not less than two thousand rupees and up to five thousand rupees.
- The amendment introduces a fine of “up to twenty-five thousand rupees for the first offence, up to fifty thousand rupees for the second offence, and for the third and subsequent offences, a fine of up to one lakh rupees.”
Furthermore, provisions related to the compounding of offences have also been amended. Notably, the amendment expands the scope of offences to include penalty for giving false information or false returns under Section 41.
