Settlement of Legal Metrology Notices | Reasons, Violations and Compounding

Legal metrology law governs the standards for weights and measures in India. It also deals with the pre-packaged commodities. After obtaining LMPC Certificate, you need to ensure to stay compliant with the relevant rules and regulations. However, it might happen that the legal metrology department issues notice for certain specified reasons. While it might seem like a tense situation, it isn’t if you handle it well. Let’s understand how you should deal with the legal metrology notices.

Notices Under Legal Metrology

Many registered persons receive notices under legal metrology for failing to comply with the regulatory requirements. For instance, e-commerce companies are mandatorily required to disclose name and addresses of the importer, manufacturer or packer, net quantity, customer care number, Maximum Retail Price (MRP), month and year of manufacturing, month and year of the expiry etc.

Certain e-commerce companies failed to meet the above requirements. Following this, the Ministry of Consumer Affairs, Food and Public Distribution stated through a press release that many companies received notices for violations under the legal metrology law. Between 16^th October 2020 to 31^st December 2020, 38 notices were issued while 232 notices were issued in the calendar year 2021. Further, between 1^st January 2022 to 11^th July 2022, 178 more notices were issued. All these legal metrology notices pertain to the violations of the rules and regulations under legal metrology, highlighting the importance of timely and accurate compliance.

Reasons for Issue of Legal Metrology Notice

Chapter V- Offences and Penalties of the Legal Metrology Act, 2009 specifies various non-compliances punishable under the law and consequent penal actions. The following are the key reasons prompting the issue of legal metrology notice:

• Use of non-standard weights and measures
• Alteration of weights and measures
• Manufacture or sale of non-standard weights and measures
• Making any transaction, deal or contract in contravention of the prescribed standards
• Quoting or publishing, etc., of non-standard units
• Making transactions in contravention of standard weight or measure
• Non-production of documents, etc.
• Failure to get the model approved
• Use of unverified weight or measure
• Sale or delivery of commodities. etc., by non-standard weight or measure
• Rendering services by non-standard weight, measure or number
• Selling, etc., of non-standard packages
• Contravention by Government approved Test Centre
• Non-registration by importer of weight or measure
• Import of non-standard weight or measure
• Obstructing Director, Controller or legal metrology officer
• Giving false information or false return
• Vexatious search
• Verification in contravention of Act and rules
• Counterfeiting of seals, etc.
• Manufacture of weight and measure without a license
• Repair, sale, etc., of weight and measure without license
• Tampering with license

The penalty under legal metrology law varies across different types of offences.

Addressing Legal Metrology Notices

Once the legal metrology notice is issued, it is important to address the same promptly. You need to obtain professional assistance to know the reason for the issue of notice and its validity, draft the reply and close the matter. Further, professional assistance will also be helpful in reducing the consequent liability if you are in default. Following are the probable responses that can be submitted:

• If There is No Default: In case there is no default on your part, then you need to gather all the evidence, prepare a reply and furnish the same to the legal metrology authorities. In this case, you need to prove that the alleged non-compliance or violation did not happen by submitting the necessary documentary evidence.
• If Default Happened: In case you have actually defaulted or missed compliance with any regulation or requirement, then it is likely that penal consequences will happen. In such a case, the legal metrology law allows for compounding of the offence. In case the offence is non-compoundable, then you are required to discharge the penalties and fines levied upon you.

How ASC Group Can Help?

Whenever you receive a notice under legal metrology, the first thing you need to do is contact your professional advisor. If there is a serious alleged non-compliance along with a significant demand for the penalty, then you need to act promptly. Here’s how the ASC Group can help you in this regard:

• Assessing the legal metrology notice to determine its validity
• Understanding the alleged non-compliances and determining their severity
• Gathering of all the necessary documentation to negate the allegations
• Drafting of the proper submissions and reply to legal metrology notice, either denying the alleged non-compliance or explaining the reasons for non-compliance and reducing the possible penal consequences
• Determining and applying for the available remedial measures like compounding of offences to minimize the losses due to penal actions
• Liaising with the legal metrology authorities
• Filing of appeal with the higher authorities in case of an adverse order

Frequently Asked Questions

Q: What to do when you receive legal metrology notice?

A: In case you have received notice under legal metrology law, then you need to contact a professional to determine the severity of the notice. In case there is no non-compliance or violation from your end, then you shall furnish a reply to the notice along with documentary evidence.

Q: What can be the reasons for the issue of legal metrology notices?

A: The prime reason for the issue of legal metrology notices is the violation of the rules and regulations of the legal metrology law. This includes non-compliance with the disclosure requirements of product specifications, non-compliance with post-registration requirements etc.

Q: Can I escape the penalty under legal metrology law?

A: If the offence is compoundable, you can go for compounding of offence under legal metrology. This can help reduce the penal consequences to a certain extent. Further, you can also go for an appeal if you are not in default but the final order is against you.

Q: Which offences are compoundable under the legal metrology law?

A: Offences under section 25, sections 27 to 39 and sections 45 to 47 are compoundable under the legal metrology law.

Q: What is compounding of offence? Is it applicable under legal metrology law?

A: Compounding of offences is basically a settlement mechanism permitted by the law whereby the parties in dispute or trial can give effect to compromise and avoid any further legal action. Offences with low or moderate severity are often compoundable under the laws.