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