What is Section 48 of the Legal Metrology Act, 2009?

6 October 2023

455 5 mins read

Section 48 allows compounding of Legal Metrology Act offences, enabling fines instead of prosecution for weights & measures violations, ensuring fair trade.

Table of Contents

History of Legal Metrology Act, 2009

In 1958, the formation of the weights and measures organisation aimed to align with international standards, fostering uniformity in weight and measurement practices to facilitate international trade. The Standards of Weights and Measures Act was first proposed in 1976. This law regulates interstate trade and commerce involving goods sold by weight, measure, or number while also establishing standards for weights and measures. The Standards of Weights and Measures (Enforcement) Act was subsequently passed in 1985 in order to put these standards stated in the 1976 Act into effect.

The rapid advancements in science, technology, and globalisation of economies have led to a significant expansion in weighing and measuring procedures, broadening the scope of weights and measures. The Legal Metrology Act of 2009 went into force on April 1, 2011. Setting standards for weights and measures, controlling trade and commerce involving goods sold or distributed by weight, measure, or number, and resolving associated issues are some of its main goals.

What Is Section 48 Under Legal Metrology Act, 2009?

The Legal Metrology Act, 2009’s Section 48 covers the potential for compounding violations. Any offence that is punished under Section 25, Sections 27 to 39, Sections 45 to 47, or any regulation established under Subsection (3) of Section 52 may be compounded both before and after the start of the criminal investigation. Offenders may compound these offences by paying a prescribed amount to the Government.

Under this section, the Director or a duly authorised legal metrology officer can offer the option to compound offences that are punishable under Section 25, Sections 27 to 39, or any rule established under Sub-section (3) of Section 52.

Likewise, the Controller or a legal metrology officer authorised by the Controller has the authority to compound offences punishable under Section 25, Sections 27 to 31, Sections 33 to 37, Sections 45 to 47, and any rule established under Sub-section (3) of Section 52. It’s important to note that the compounding amount should not exceed the maximum fine prescribed for the offence under this Act.

It’s worth noting that Subsection (1) does not apply to an individual who commits a similar offence within three years from the date the initial offence was compounded. Any subsequent offence occurring after this three-year period will be treated as a first offence.

Once an offence is compounded under Sub-section (1), no further legal action can be taken against the offender regarding the compounded offence. Additionally, it’s emphasised that offences under this Act can only be compounded as outlined in this section.

Case scenario of Section 48 of the Legal Metrology Act, 2009

Imagine a small grocery store that sells items like rice, flour, and cooking oil by weight to its customers. The store has a weighing scale that they use for these transactions. One day, during an inspection by the Legal Metrology department, it is discovered that the weighing scale used by the store is not properly calibrated and consistently shows higher weights than the actual amount of the product.

In this scenario:

The Legal Metrology department issues a notice to the grocery store, informing them of the violation of weights and measures regulations
The store is given an opportunity to rectify the issue by calibrating or repairing the weighing scale and ensuring compliance with the Act
If the store fails to address the issue and continues to use the faulty weighing scale, Section 48 of the Legal Metrology Act comes into play
Under Section 48, the Legal Metrology department can compound the offence. This means they can offer the store the option to pay a prescribed fine or penalty, which is credited to the Government, in lieu of facing prosecution
If the store agrees to compound the offence and pays the prescribed sum, they are spared from facing legal action
This provision in Section 48 serves to encourage businesses to rectify violations promptly while also ensuring consumer protection by maintaining accurate measurements.

Objectives of the Legal Metrology Act, 2009

The Legal Metrology Act has the following main objectives:

Facilitating trade and commerce by regulating weights and measures
Implementing and upholding standards for weights and measurements
Ensuring that product manufacturing, sales, and usage are in line with established weights, measurements, or numerical specifications
Streamlining the Indian Metric system, including units like metres and kilograms.

Features of The Legal Metrology Act, 2009

The Legal Metrology Act of 2009 includes the following provisions:

Regulation of weight or measurement in transactions and for protection purposes
Approval of models used for weights or measurements
Verification of prescribed weights or measurements by government-approved testing facilities
Establishing requirements for those nominated by the Central or State Governments as legal metrology officials
Exemptions from weight and measure regulations for export items
Imposition of fees for specific services
Appointment of a director by an organisation tasked with overseeing adherence to the Act
Imposition of penalties for offences and compounding of offences
Provision for appeals against decisions made by various agencies.

Enforcement of Legal Metrology Act, 2009: Section 48 – Compounding Offences

Section 48 of the Legal Metrology Act, 2009 deals with the compounding of offenses under the Act. In instances of non-compliance with the Act’s provisions, the Legal Metrology department initiates the process by issuing notices to companies. Failure to heed these notices may lead to punitive measures as outlined in Section 48 of the Legal Metrology Act, 2009.

Adherence to Standard Weights and Measures: Ensuring Compliance to Avoid Penalties

To avoid penalties under Section 48 of the Legal Metrology Act, 2009, it is crucial to adhere to the standard and fundamental units of weights and measures prescribed by the Act. These units are essential for accurate and lawful trade practices, and any violations may result in legal consequences.

Mass measured in kilograms
Time measured in seconds
Electric current measured in amperes
Thermodynamic temperature measured in kelvin
Luminous intensity measured in candela
Amount of substance measured in moles
Numeration in the decimal system
The correct representation of decimal multiples and submultiples as prescribed by the Act.

Conclusion

Every business that utilises weights or measures in their commercial transactions or for safeguarding purposes must adhere to all the procedures stipulated in the Legal Metrology Act, 2009. Section 48 of the Legal Metrology Act, 2009 deals with the compounding of offences. This means that any offence punishable under Section 25, Sections 27 to 39, Sections 45 to 47, or any rule established under Sub-section (3) of Section 52 can be compounded, either before or after the initiation of a prosecution, by paying a specified amount to the Government. These measures for compounding offences serve to safeguard consumers against unfair trade practices. For more information get in touch with our experts to revolve your queries.

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