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Issue ID: 114553
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Legal Metrology Act 2009

Date 29 Jan 2019
Replies 2 Replies
Views 1065 Views
Penalty for use of unverified weight: statutory fines apply and repeat non compliance may attract imprisonment.
Non-submission of a model for approval attracts a monetary penalty and enhanced sanctions for repeat offences; the sale, distribution, transfer or use of any unverified weight or measure attracts a statutory penalty with a prescribed minimum fine and escalated punishments, including possible imprisonment for subsequent offences. Enforcement responses advise payment of penalty where verification or renewal has lapsed. (AI Summary)

Dear Sir,

My father a small business man, having a small weighing machine ( Roberval balance model). The annual renewal of subscription time was in the month of December, and he forget to renew. Yesterday when we approached, the authority yesterday, they asked as to pay a fine of ₹ 2000/-. Is it true? If self submission is made on the case?

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Replied on Jan 29, 2019
1.

In our view you should pay penalty.

As per Section 32 read with Section 33 of the Legal Metrology Act, 2009 " Penalty for failure to get model approved: whoever fails or omits to submit model of any weight or measure for approval, shall be punished with fine which may extended to twenty thousand rupees and for second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine

Section 33 Penalty for use of unverified weight or measure: - whoever, sells distribute, deliver or otherwise transfers or uses any unverified weight or measure shall be punished with 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.

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Replied on Jan 30, 2019
2.

Yes, penalty is payable.

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