Get the insights of Section 44 of the Legal Metrology Act, 2009, its importance, and its role in regulating counterfeiting in India. Know what legal experts POV
Section 44 of the Legal Metrology Act, 2009, addresses counterfeiting in the realm of weights and measures. It outlines various actions that constitute offences, including counterfeiting seals, selling counterfeit seals, possessing them, tampering with specified stamps, or affixing removed stamps on other measuring instruments. Violators face imprisonment ranging from 6 months to 5 years, depending on the offence.
Counterfeiting is defined as obtaining or using seals specified under the Act or rules unlawfully to create stamps on weights or measures, misrepresenting authorised stamps. Such actions result in imprisonment for a minimum of 6 months, extending to 1 year for the first offence and up to 5 years for subsequent violations.
This section also penalises those who knowingly sell or dispose of weights and measures with counterfeit seals. Offenders face imprisonment for not less than 6 months, up to 1 year for the initial violation, and up to 5 years for subsequent offences. Section 44 thus serves as a crucial deterrent against counterfeiting in the Legal Metrology Act, 2009.
Section 44: Unveiling Its Purpose
Purpose: Section 44 of the Legal Metrology Act, 2009, deals with counterfeiting in the realm of weights and measures. Counterfeiting is a serious offence in any legal system as it undermines trust and fairness in trade. In the Indian context, Section 44 is a critical tool to combat such fraudulent activities.
Section 44 outlines several actions that are considered offences:
- Counterfeiting Seals: It penalises individuals who counterfeit seals specified by or under the Legal Metrology Act,2009
- Sale of Counterfeit Seals: Selling or disposing of counterfeit seals is also prohibited
- Possession of Counterfeit Seals: Mere possession of counterfeit seals is a punishable offence
- Tampering with Stamps: Counterfeiting, removing, or tampering with stamps specified by the Act or its rules is a violation
- Unauthorised Use of Stamps: Affixing a removed stamp onto other weights or measures is illegal.
Implications of Section 44
Counterfeiting Seals (Section 44, Subsection 1): Anyone who:
- (i) Counterfeits any seal specified under this Act or its rules
- (ii) Sells or disposes of counterfeit seals
- (iii) Possesses counterfeit seals
- (iv) Counterfeits, removes, or tampers with specified stamps
- (v) Affixes removed stamps on other weights or measures
Faces imprisonment from 6 months to 1 year for the first offence, and up to 5 years for subsequent offences. ‘Counterfeit’ is as defined in Section 28 of the Indian Penal Code.
- Obtaining and Misusing Seals (Section 44, Subsection 2): Individuals who:
- Obtain seals specified by the Act or its rules through unlawful means
- Use such seals to create stamps on weights or measures, falsely representing authorisation
- Are subject to imprisonment for 6 months to 1 year for the first offence and up to 5 years for subsequent violations
- Unauthorised Use of Possessed Seals (Section 44, Subsection 3): Those in lawful possession of specified seals: Use these seals without lawful authority
- Face imprisonment from 6 months to 1 year for the first offence and up to 5 years for subsequent violations
- Selling Items with Counterfeit Stamps (Section 44, Subsection 4): Individuals who:
- Sell, offer, or dispose of weights or measures bearing counterfeit stamps
- Know or have reason to believe these items have counterfeit stamps
- Are subject to imprisonment for 6 months to 1 year for the first offence and up to 5 years for subsequent violations.
Real-World Applications
To understand the real-world applications of Section 44, let’s consider some scenarios:
Scenario 1: An individual counterfeits a seal specified by the Legal Metrology Act and sells it to unsuspecting shop owners for use in weighing scales. This action is a clear violation of Section 44.
Scenario 2: A manufacturer knowingly uses counterfeit seals on their products, misrepresenting their compliance with legal standards. Such actions can result in imprisonment.
Scenario 3: A retailer sells weighing scales with counterfeit stamps, deceiving customers into believing they are purchasing accurate instruments. This too falls under Section 44’s purview.
Inspection To Avoid Penalisation Of Section 44 Under Legal Metrology Act, 2009
Inspectors conduct various inspections under the Legal Metrology Act, 2009, to prevent fraudulent practices and potential penalization under Section 44. These inspections encompass:
- Verification and stamping of Weights and Measures in establishments (Section 24(1) with Rule 27(2)).
- Display of verification certificates, including certificate numbers and dates (Rule 22).
- Verification of registration certificates obtained by manufacturers, packers, or importers under the Legal Metrology (Packaged Commodities) Rules, 2011 (Rule 27).
- Confirmation of mandatory declarations in pre-packaged commodities meant for sale (Section 18(1) Read with Rule 6(1)).
- Ensuring that packaged commodities are sold at prices consistent with those mentioned on the packets (Rule 18(2) Read with Rule 6(1)).
- Checking for the presence of electronic weighing machines with printers in supermarkets as per Section 23 Read with Rule 11.
- Verifying the renewal of licenses for manufacturing, repair, or sale of weights and measures by respective entities (Section 23 Read with Rule 11).
- Confirming that records are maintained by manufacturers, repairers, or dealers of weights and measures, as required by Section 17 Read with Rule 13.
- Monitoring compliance with quantity specifications in service agreements, preventing excess or inadequate article delivery (Section 12).
- Ensuring the availability of test weights for accuracy checks on weighing instruments (Rule 21(4)).
- Checking the availability of test measures to verify the accuracy of weighing instruments (Rule 21(5)).
Conclusion
In conclusion, understanding Section 44 of the Legal Metrology Act, 2009, is crucial for all entities involved in trade and commerce in India. Compliance with this section is not just a legal requirement; it’s a cornerstone of ethical business conduct. If you require legal assistance or guidance regarding the Legal Metrology Act of 2009 or any other legal matter, Vakilsearch is here to provide expert services tailored to your needs. Don’t compromise on legality; trust Vakilsearch for all your legal needs.
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