1. Pursuant to the Jan Vishwas (Amendment of Provisions) Act, 2023, the Ministry of Consumer Affairs, Food and Public Distribution (“Ministry”) has notified that the amendment pertaining to the provisions of the Legal Metrology Act, 2009 (“Act”) will gain effect from 01.10.2023.

   Key Highlights of the Amendment:

   1. The provision related to Penalty for use of non-standard weight or measure, referred to in Section 25 of the Act has been amended. Previously, the punishment for using numeration otherwise than in accordance with the standards of weight or measure was punishable with fine up to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment up to six months and also with fine. Now, the Amendment has substituted the punishment with “one lakh rupees and for the second offence with fine up to two lakh rupees and for the third and subsequent offence, with fine up to five lakh rupees”.

2. The provision related to Penalty for manufacture or sale of non-standard weight or measure, referred to in Section 27 of the Act has been amended. Previously, the punishment prescribed under the Act for manufacturing, selling and exposing of any weight or measure that do not conform to the standards of weight or measure specified by or under this Act was fine up to twenty thousand rupees and for the second or subsequent offence with imprisonment for a term up to three years or with fine or with both. Now, the Amendment has substituted the punishment with “one lakh rupees and for the second offence with fine up to two lakh rupees and for the third and subsequent offence, with fine up to four lakh rupees.”
3. The punishment prescribed for making any transaction, deal or contract in contravention of the standards of weights and measures as referred to in Section 28 has been amended. Previously, the prescribed punishment for such contravention was fine up to ten thousand rupees and for the second or subsequent offence, with imprisonment for a term up to one year, or with fine, or with both. Now, in place of the prescribed punishment, “fifty thousand rupees and for the second offence with fine up to one lakh rupees and for the third and subsequent offence with fine up to two lakh rupees” has been substituted.
4. The penalty for quoting or publishing of non-standard units referred to in Section 29 has been amended. Previously, the prescribed punishment such violation was fine up to thousand rupees and, for the second or subsequent offence, with imprisonment for a term up to one year, or with fine, or with both. Now, “fifty thousand rupees for the second offence with fine up to one lakh rupees and for the third and subsequent offence with a fine up to two lakh rupees” has been substituted in place of the previously prescribed punishment.
5. The provision related to the Penalty for non-production of documents referred to in Section 31 has been amended. Previously, punishment for omitting or failing without any reasonable excuse to submit returns, maintain any record or register was punishable with fine up to five thousand rupees and for the second or subsequent offence, with imprisonment for a term up to one year and also with fine. Now, “twenty-five thousand rupees and for the second offence with fine up to fifty thousand rupees and for the third and subsequent offence, with fine up to one lakh rupees.” has been substituted in place of the previously prescribed punishment.
6. The provision related to the Penalty for sale or delivery of commodities by non-standard weight or measure has been amended. Previously, the punishment prescribed for selling or delivering of such commodities/articles were punishable with fine not less than two thousand rupees and up to five thousand rupees. Now, in place of the previously prescribed punishment, “fine up to twenty-five thousand rupees and for the second offence with fine up to fifty thousand rupees and for the third and subsequent offence, with fine up to one lakh rupees” has been substituted.
7. Provisions related to the Compounding of offences, as referred to in Section 48 have also been amended. The provision reference for offences punishable under Sections 27 to 39,  has been substituted with Penalty for giving false information or false return referred to in Section 41 and in place of offences punishable under sections 33 to 37, also Penalty for giving false information or false return referred to in Section 41 has been substituted.

A copy of the Notification amending the provisions of Legal Metrology Act is attached for your ease of reference.

Link to the commencement notification is linked below for your ease of reference.

Source: Ministry of Consumer Affairs, Food and Public Distribution

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