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Settlement of Legal Metrology Notices

Worried about the settlement of the legal metrology notice that you’ve received? Leave your worry to Legal Metrology Consultants and get expert support for timely settlement.

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What do you mean by Legal Metrology Notice?

The Department of Legal Metrology issues legal metrology notices to companies violating legal provisions as per the Legal Metrology Act, 2009, and Legal Metrology Rules, 2011.

For instance, in India, every manufacturer, importer, packer, and repairer engaged in the business of weights and measures must comply with the rules and regulations of the legal metrology department. Non-compliance with such legal provisions can result in a legal metrology notice.

Guidance on Notices Under the Legal Metrology Act

The Legal Metrology department is established under the virtue of the Legal Metrology Act,2009, and is empowered to take action against the violation of non-compliance of legal metrology.

With the growing e-commerce business in India, multiple companies have received legal metrology notices in recent years due to non-compliance with legal metrology laws and regulations. According to the Legal Metrology Act, the e-commerce business must mention the name and address of the importer, manufacturer, and packer, the maximum retail price (MRP) of the product, the net quantity, the manufacturing date, the expiry date, the customer care number, etc.

The above conditions must be adhered to in order to avoid legal metrology notice from the legal metrology department. As per the press release by the Ministry of Consumer Affairs, Food, and Public Distribution, many companies in the e-commerce business failed to comply with such conditions, and hence, notices were issued against them.

Hence, companies that come under the Legal Metrology Act have to comply with the above-given conditions and various other rules according to the Legal Metrology Act and Rules.

Conditions when Legal Metrology Notices are Issued

The objective of the Legal Metrology Act of 2009 is to protect or safeguard consumers in the market of weighing and measuring instruments in India. This law has a wide effect on almost all the industries engaged in the business of goods and services. The Legal Metrology Act deals with the following:

  • Regulation of weighing and Measuring instruments in India
  • Regulation of the packaging of pre-packed commodities in India

Failure to comply with the above-given conditions according to the laws and regulations mentioned in the Legal Metrology Act,2009, and Legal Metrology Rule, 2011, legal metrology notice shall be sent to such businesses by the legal metrology department of the particular state under the guidance of Ministry of Consumer Affairs, Food, and Public Distribution

What shall you do after Receiving a Legal Metrology Notice?

Just like any other legal notice, legal metrology notices are complex and yet tricky to understand and execute for any normal human being. Before dealing with the legal metrology notice, it is important to understand and know various things connected to the laws and regulations of Legal Metrology. For instance, every state has its own jurisdiction to implement its specific Legal Metrology rules and regulations. Therefore, it is recommended to keep well informed with the state legal metrology rules so that a proper reply can be prepared on the legal metrology notice received.

Further, if any offenses occur under the Legal Metrology, it is the Director of the company who shall be responsible therefore before appointing the responsibility it is important to have a strategic business plan and to consult a Legal Metrology expert to avoid such circumstances.

After receiving the Legal Metrology notice from the Department of Legal Metrology, one should always figure out alternative solutions to overcome this legal complication.

Timely replying to legal metrology notices will be helpful in staying compliant.

Types of Legal Metrology Notice

If a Legal Metrology notice is sent to you, it means you have violated the provisions of the Legal Metrology Act, 2009. There are two conditions under which legal metrology notices are sent by the concerned authority.

1. Non-compliance on pre-packed Commodities rules, 2011

Any product or commodity in pre-packed form attracts the provision of the Legal Metrology Pre-Packed Commodities Rules (LMPCR), 2011. It has been observed that in India, businesses often receive legal metrology notices in violation of various rules as per the legal metrology norms, such as labelling rules.

According to the Legal Metrology Pre-Packed Commodities Rules (LMPCR), the manufacturer and importer must make a mandatory declaration. However, the declaration varies from product to product. The declaration of the manufacturer is different from the declaration of the importer.

Some of the lists of declarations are name, address of the manufacturer, date of manufacturing, maximum retail price, customer care details, net quantity and size, and name of the product.

Lakhs of notices are sent under the Legal Metrology Act by the Central and State Governments, which also serves as a great revenue collector for the Indian Government.

Therefore, whenever you receive a legal metrology notice, it is advisable to seek help or assistance from expert professionals before admitting the offence mentioned in the legal metrology notice. Additionally, one should always find out the best alternatives to overcome such legal violations.

2. Non-Compliance on Weighing & Measuring Instrument

If you are engaged in the business operation of weighing and measuring instruments and have not complied with the provisions given below, a legal metrology notice shall be sent for the same from the concerned authority:

  • Import of weighing and measuring instruments without obtaining a legal metrology importer license.
  • Using weighing and measuring instruments without obtaining a valid legal metrology model approval from the Department of Legal Metrology.
  • Prohibition to operating business of manufacturing, repairing, or sale of weight or measure without a legal metrology license.
  • Non-compliance of verification and stamping of weight or measure according to the Legal Metrology Act, 2009.

Mandatory Declarations on Every Package

Some of the mandatory declarations to be made in the pre-packaged commodity as per the Legal Metrology Act, 2009 are as follows:

  • Name and address of manufacturer packer or importer.
  • Country of origin engaged in imported packages.
  • Common name of the commodity contained in the package.
  • Net quantity in connection with a specific standard unit of weight or measure.
  • Date of manufacturing.
  • Maximum Retail Price inclusive of tax.
  • Details of consumer care.

What are the Provisions for Legal Metrology Penalty and Imprisonment?

Given below are some of the penalty provisions for legal metrology violations. Some of the violations are also punishable by imprisonment if subsequent offences are committed.

  • Penalty for non-compliance with standard weight or measure.
  • Penalty on alteration of weight and measure.
  • Penalty for sale and manufacture of non-standard weight or measure.
  • Penalty for non-compliance with the prescribed standard on transactions, deals and contracts.
  • Penalty for non-standard unit quoting or publishing.
  • Penalty for transactions in non-compliance with standard weight and measure.
  • Penalty for not producing documents.
  • Penalty for failure to obtain model approval.
  • Penalty for manufacturing weights and measurements without a license
  • Penalty for repair and sale without legal metrology certificate.

Penalty of Repeated Offence

After receiving notice from the Department of Legal Metrology, the company may have to pay a certain fine or penalty for the first offence, and for subsequent offences, a penalty and imprisonment shall also be imposed.

Some of the lists of penalty for subsequent offences are:

  • Non-compliance with the declaration on pre-packaged commodity by manufacturer and packer importers – Penalty of Rs 50,000/- may extend up to Rs. 1,00,000/- with imprisonment for up to one year or both.
  • Non-compliance with the declaration on the pre-packaged commodity by a wholesale dealer or distributor—Penalty of Rs 50,000/- may extend up to Rs. 1,00,000/ - with imprisonment up to one year or with both.
  • Non-compliance with the declaration on the pre-packaged commodity by the retailer- Penalty of Rs 50,000/- may extend up to Rs. 1,00,000/- with imprisonment up to one year or with both.

What is the Time Period for a Notice Reply?

A company that receives a notice shall immediately take action to overcome the legal complication and safeguard its business operations from legal penalties and imprisonment under the Legal Metrology Act, 2009.

  1. Receipt of Notice- 7 to 15 Days
  2. Preparation & Submission of Response- 4-5 Days
  3. Review by Authorities- 6 days
  4. Issuance of Settlement Order- 1 to 2 Weeks
  5. Total Time- Approximately 2 to 3 Weeks

Fees for Settlement of Legal Metrology License

The notices from the Legal Metrology Department may consist of fines and penalties as per the Legal Metrology Rule, however along with the penalties charged if professional services are obtained then an additional charge is also to be incurred by the legal metrology law violators. The fees for settlement of legal metrology licenses lie in the range of 40 and 50k, respectively.

Why Consider Legal Metrology Consultants for Settlement of Notices?

If you have received a Legal Metrology notice from the concerned authority due to the violation of Legal Metrology laws and regulations. Engage a professional expert to settle legal metrology notices for the best results and alternate legal solutions in order to overcome such notices.

Legal Consultancy Service is the best legal metrology solution provider in India. We understand the reason behind sending notices, and therefore, we are aware and ready with the solutions as per the notices received.

We have an esteemed team of expert professionals with vast experience solving various regulatory and compliance disputes under the Legal Metrology Act. Choose a legal consultancy service to assist you in navigating the right direction in settling legal metrology notices. 

Frequently Ask Questions

Legal Metrology notices are notices issued by the Department of Legal Metrology to businesses that do not comply with the provisions of the Legal Metrology Act, 2009.

Legal Metrology is a legal obligation for businesses operating with measurements and weights in India. It enables manufacturers, importers, and retailers to follow the rules and regulations as per the Legal Metrology Act of 2009.

The primary objective of legal metrology is to safeguard citizens from the negative consequences of false weights and measurements.

The key features are license, model approval, license for manufacturing, repair or sale, and registration of pre-packed commodities.

The major benefits of legal metrology are consumer protection, fair trade practice, public health and safety, and industrial efficiency.

Some examples of legal metrology certificates are approval certificates, verification and stamping certificates, package registration certificates, and others.

The MRP or maximum rate price is decided by the manufacturer or seller of the product.

A legal metrology certificate is valid for a minimum of one year, and if renewed, it can extend for up to five years.

The penalty for non-compliance with the legal metrology rules and regulations is fines and imprisonment for a subsequent offence.

According to section 44 of the Legal Metrology Act, 2009, a person, manufacturer or importer involved in counterfeiting is penalised.

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