Section 18 LMA 2009 deals with false trade descriptions. According to this section, no person shall apply a false trade description to any commodity, and no person shall make a false or misleading statement, either orally or in writing, about the nature, substance, quality, quantity, composition, utility, value or geographical origin of any commodity.
Section 18 of Legal Metrology
As mentioned above, Section 18 of the Legal Metrology Act, 2009 (LMA) is a provision aimed at protecting consumers from false or misleading trade descriptions. This section prohibits any person from applying false trade descriptions to commodities or making false or misleading statements about the nature, substance, quality, quantity, composition, utility, value, or geographical origin of a commodity. It also prohibits the alteration of packages or coverings in a manner that misleads the consumer about the quantity, nature, or quality of the commodity.
This section applies to all commodities and goods, including packaged products, and is meant to ensure that consumers receive accurate information about the products they purchase. Penalties for violating the provisions of Section 18 can include imprisonment for up to one year, a fine, or both.
Development of Legal Metrology Act 2009
The Legal Metrology Act, of 2009 was developed as a measure to regulate the standards of weights and measures used in trade and commerce in India. The act was enacted to replace the Standards of Weights and Measures Act, of 1976 and aimed to streamline the measurement standards used in the country and bring them in line with international standards.
The development of the Legal Metrology Act, of 2009 was driven by a need to protect consumers from false or misleading trade descriptions and to ensure that they receive accurate information about the products they purchase. The act also aimed to promote fair competition among traders and to standardise the measurement systems used in the country.
The act defines weights and measures, units of measurements, standards of weights and measures, and the procedure for their verification and maintenance. It also provides for the establishment of the National Measurement Standards Laboratory and the State Laboratories and sets out the powers and duties of the Director of Legal Metrology and other officials.
The act provides for the licensing of manufacturers, repairers, and dealers of weights and measures, and establishes a system of inspection and enforcement of the provisions of the act. It also provides for penalties and fines for violations of the act and sets out the procedure for appeal and revision.
The Legal Metrology Act, of 2009 has had a significant impact on the standardisation of measurement systems in India and has helped to promote fair competition, protect consumers, and ensure the accuracy of product information in the market.
Section 18 LMA 2009 Benefits
Protects Consumers: Section 18 of the Legal Metrology Act, 2009 is aimed at protecting consumers from false or misleading trade descriptions. It helps to ensure that consumers receive accurate information about the products they purchase, thereby avoiding instances of deception.
Maintains Fair Competition: By setting standards for the use of weights and measures in trade and commerce, Section 18 helps to promote fair competition among traders. This is achieved by preventing traders from using false or misleading trade descriptions to gain an advantage over their competitors.
Increases Consumer Confidence: By ensuring that products are accurately described and labelled, Section 18 helps to build trust between consumers and traders. This leads to increased consumer confidence in the market and helps to promote a healthy and transparent trading environment.
Promotes Standardisation: The provisions of Section 18 help to standardise the measurement systems used in the country. This helps to ensure that products are accurately measured and labelled, thereby reducing the likelihood of disputes and misunderstandings.
Supports Enforcement: The section provides for the licensing of manufacturers, repairers, and dealers of weights and measures, and establishes a system of inspection and enforcement. This helps to ensure that the provisions of the act are being followed and that consumers are protected.
Penalties for Violations: The act provides for penalties and fines for violations of its provisions, which acts as a deterrent to traders who might be tempted to engage in false or misleading trade practices.
Overall, Section 18 of the Legal Metrology Act, 2009 serves as an important tool for promoting fairness and accuracy in trade and commerce in India. It helps to protect consumers, maintains fair competition, increases consumer confidence, promotes standardisation, and supports enforcement.
Applicability of Section 18 LMA 2009
Section 18 of the Legal Metrology Act, 2009 (LMA) is applicable throughout India. The provisions of the act apply to all manufacturers, dealers, and repairers of weights and measures, as well as to all traders and other persons who use weights and measures in trade and commerce. The act covers a wide range of products, including packaged goods, loose commodities, and fuels, and its provisions apply to all trade transactions, whether they are conducted in person or through electronic means. The act is enforced by the Department of Legal Metrology and its officials, who are responsible for ensuring that the provisions of the act are followed and that consumers are protected.
Conclusion
The purpose of Section 18 of the LMA is to maintain standards in the market and to protect consumers from being misled or taken advantage of by false or misleading trade descriptions. It helps to promote fair competition among traders and to ensure that consumers receive products of the quality and quantity they expect. By ensuring the accuracy of product information, Section 18 helps to build trust between consumers and traders and to promote a healthy and transparent market.
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