Easing the Ease of Business-the Legal Metrology Act, 2009
“A web of outdated rules and regulations causes trust deficit. It has been the endeavor of the government to achieve the principle of ‘Minimum Government, Maximum Governance’, redefining the regulatory landscape of the country under the Ease of Living and Ease of Doing Business reforms…” said Piyush Goyal in the ‘statement and objectives’ of the Bill.
Introduction
The Jan Vishwas (Amendment) Act, 2023 is implemented as solution to the long due, much needed amendment for updating the post-colonial legislations which were losing their impact in the fast paced era.
The act precisely amends a total of 183 provisions which have been decriminalized in 42 Central Acts administered by 19 Ministries/Departments. Amongst the list of various legislations that are amended; the Legal Metrology Act, 2009 is one such major legislation enlisted in Serial no 40 of the Act.
As per notification issued dated 19th September 2023 in the official Gazette , the Central Government, empowered under sub-section (2) of Section 1 of the Jan Vishwas (Amendment of Provisions) Act, 2023 will implement the amended provisions with effect from 1st October 2023 in the legal Metrology Act,2009.
What is Legal Metrology
Legal Metrology is a legislative department of the Department of Consumer Affairs that deals with the implementation of rules, regulations, requirements, and processes pertaining to measurement and measuring devices.
Impact of Jan Vishwas Act 2023 on Legal Metrology Act, 2009:
Since the Legal Metrology Act of 2009 is the primary piece of legislation dealing with Legal Metrology law. It establishes standards for weighing, measuring, and measuring devices. It safeguards consumers, the environment, and traders and is particularly concerned and lays great emphasis in fair trade practices in India and regularizing the unfair ones.
With the amendment coming in effect, various provisions are updated for ensuring the adherence to law by businesses and citizens, without losing the rigor of the law.
Following Sections have been amended as with effect from 1st of October 2023:
| S. No | Section Amended | Provision | Till 30th September / Before | From 1st October/After |
| 1 | 25 | Penalty for use of non-standard weight or measures | 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 | one lakh rupees and for the second offence with fine which may extend to two lakh rupees and for the third and subsequent offence, with fine which may extend to five lakh rupees |
| 2 | 27 | Penalty for manufacture or sale of non-standard weight or measure.
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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 | one lakh rupees and for the second offence with fine which may extend to two lakh rupees and for the third and subsequent offence, with fine which may extend to four lakh rupees |
| 3 | 28 | Penalty for making any transaction, deal or contract in contravention of the prescribed standards.
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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 | Fifty thousand rupees and for the second offence with fine which may extend to one lakh rupees and for the third and subsequent offence with fine which may extend to two lakh rupees |
| 4 | 29 | Penalty for quoting or publishing, etc., of non-standard units. | 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 | Fifty thousand rupees for the second offence with fine which may extend to one lakh rupees and for the third and subsequent offence with a fine which may extend to two lakh rupees |
| 5 | 31 | Penalty for non-production of documents, etc | 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 | twenty-five thousand rupees and for the second offence with fine which may extend to fifty thousand rupees and for the third and subsequent offence, with fine which may extend to one lakh rupees |
| 6 | 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 | fine which may extend to twenty-five thousand rupees and for the second offence with fine which may extend to fifty thousand rupees and for the third and subsequent offence, with fine which may extend to one lakh rupees |
| 7 | 35 | Penalty for rendering services by non-standard weight, measure or number
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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 | fine which may extend to twenty-five thousand rupees and for the second offence with fine which may extend to fifty thousand rupees and for the third and subsequent offence, with fine which may extend to one lakh rupees |
| 8 | 48 | Compounding of offences | Sub section (1) of 48: Compounding of offences were only applicable for section 25, sections 27 to 39, sections 45 to 47, or any rule made under sub-section (3) of section 52
Sub section (2) of 48: (2) The Director or legal metrology officer as may be specially authorised by him in this behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3) of section 52. Sub section (3) of 48: The Controller or legal metrology officer specially authorised by him, may compound offences punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 to 47, and any rule made under sub-section (3) of section 52: |
Insertion of Section 41 in sub sections (1), (2), (3) |
Highlights
The Amendments majorly brought through the Jan Vishwas clearly shows:
- revising monetary penalty for discouraging the offenders.
- Eliminating imprisonment as a penalty
- Imposition of heavy monetary penalty on subsequent offences/ Habitual offenders
Conclusion
The Amendments through Jan Vishwas Act in the above-mentioned sections of the Legal Metrology Act, 2003 primarily intends the ease of doing business and paving new pathways for businesses to operate without the fear of imprisonment on minor, technical or procedural defaults in the procedure.
The following notification has pragmatically revised the legal implication and penalties without easing out on the law breakers and would go a long way in reducing undue pressure on the justice system, reduce the pendency of cases and help in a more efficient and effective justice dispensation.
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