Introduction
In a significant legislative development, the Jan Vishwas (Amendment of Provisions) Bill, 2023 ("Bill"), was passed in the Lok Sabha on June 27, 2023 and subsequently in the Rajya Sabha on August 2, 2023. The aim of this Bill is to enhance the ease of living and ease of doing business in India. Under this Bill, several provisions across 42 Central Acts administered by 19 ministries or departments are proposed to be amended or decriminalized. This article focuses on the amendments made to the Legal Metrology Act, 2009, which falls under the Department of Consumer Affairs.
About the Legal Metrology Act, 2009
The Legal Metrology Act, 2009 aims to establish standards for weights and measures and regulate trade and commerce concerning goods sold or distributed by weight, measure, or number. This Act plays a crucial role in safeguarding the rights of consumers and ensuring fair trade practices in India.
Proposed Amendments in the Legal Metrology Act
| Section of the current Act | Offense | Penalty as per current Act | Penalty as per the Bill (after amendment) |
| 25 | Penalty for use of non-standard weight or measure | Offenders faced fines up to ₹25,000 and imprisonment for subsequent offenses. | Fines may extend up to ₹1,00,000 for first offense; ₹2,00,000 for second offense; ₹5,00,000 for third and subsequent offenses |
| 27 | Penalty for manufacture or sale of non-standard weight or measure | Offenders faced fines up to ₹20,000; Imprisonment for subsequent offenses | Fines may extend up to ₹1,00,000 for first offense; ₹2,00,000 for second offense; ₹4,00,000 for third and subsequent offenses |
| 28 | Penalty for making any transaction in contravention of prescribed standards | Offenders faced fines up to ₹10,000;
Imprisonment for subsequent offenses. |
Fines may extend up to ₹50,000 for first
offense; ₹1,00,000 for second offense; ₹2,00,000 for
third and subsequent offenses |
| 29 | Penalty for quoting or publishing non-standard units | Offenders faced fines up to ₹10,000; Imprisonment for subsequent offenses | Fines may extend up to ₹50,000 for first offense; ₹1,00,000 for second offense; ₹2,00,000 for third and subsequent offenses |
| 31 | Penalty for non-production of documents | Offenders faced fines up to ₹5,000; Imprisonment for subsequent offenses | Fines may extend up to ₹25,000 for first offense; ₹50,000 for second offense; ₹1,00,000 for third and subsequent offenses. |
| 34 | Penalty for sale or delivery of commodities by non-standard weight or measure | Offenders faced fines and imprisonment for subsequent offenses. | Fines may extend up to ₹25,000 for first offense; ₹50,000 for second offense; ₹1,00,000 for third and subsequent offenses |
| 35 | Penalty for rendering services by non-standard weight, measure, or number | Offenders faced fines and imprisonment for subsequent offenses. | Fines may extend up to ₹25,000 for first offense; ₹50,000 for second offense; ₹1,00,000 for third and subsequent offenses |
Conclusion
The Bill significantly modifies penalties under the Legal Metrology Act, 2009, by replacing imprisonment with higher fines for various offenses related to non-standard weights, measures, and units. These amendments aim to deter non-compliance, promote fair trade practices, and contribute to ease of doing business in India.
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