This blog helps us know about Rule 15 of the Legal Metrology Act, highlighting its role in upholding fairness in trade, discussing objectives, penalties, and real-world applications.
Section 15 of the Legal Metrology Act, 2009
Section 15 of the Legal Metrology Act, 2009, grants the Legal Metrology Department the authority to conduct inspections and seizures.
If the director, controller, or a designated legal metrology officer suspects that a business dealing with weights and measures has broken the law regarding these measurements, their related products, or plans to do so in the realm of trade and commerce, they can take action under the Legal Metrology Act. This action can include searching the premises where the violation occurred or is expected to happen and seizing records, documents, or relevant items linked to the violation.
Additionally, these authorised officials have the right to ask for documents related to weights and measures, and the person in charge of these measurements must provide them.
If the items seized by the controlling officer, like weights, measures, or products, are likely to spoil or deteriorate quickly, the director, controller, or authorized legal metrology officer can dispose of them as specified in the Act.
Importantly, any search or seizure carried out under Section 15 of the Legal Metrology Act, 2009, must follow the procedures outlined in the Code of Criminal Procedure (Crpc), 1973, for conducting searches and seizures.
Objectives of Section 15 under the Legal Metrology Act, 2009
Section 15 within the Legal Metrology Act, 2009, serves distinct objectives and plays a pivotal role in maintaining the integrity of measurements and standards in trade. These objectives are as follows:
1. Inspection and Search of Premises
Section 15 authorises the inspection and search of premises when complaints arise regarding non-standard weights and measures. This ensures that businesses adhere to prescribed measurement standards.
2. Identification of Offensive Weights and Measures
It allows for the identification of offensive weights and measures, preventing their use in commercial transactions. This step aims to protect consumers from inaccurate measurements.
3. Seizure of Offensive Goods
Section 15 permits the seizure of offensive goods, further preventing their distribution in the market. This action is vital to maintain fair trade practices.
4. Ensuring Fair Trade Practices
The timely inspection and seizure of non-compliant weights and measures ensure that businesses engage in fair trade practices, promoting trust among consumers.
Penalties Under the Legal Metrology Act
The Legal Metrology Act, 2009, prescribes penalties for premises owners from whom authorities seize non-standard weights and measures. These penalties are outlined as follows:
1. Forfeiture of Non-Standard Weights and Measures
Any non-standard or unverified weight or measure and its related packaging used in trade and commerce, seized under Section 15, can be forfeited.
2. Verification and Stamping
If seized unverified weights or measures are not forfeited, they must be verified and stamped within the specified time frame.
3. Disposal of Seized Goods
Weights, measures, or other seized goods under Section 15 that are not forfeited shall be disposed of in accordance with the provisions specified in the Act.
4. Imprisonment for Offences
Individuals found guilty may face imprisonment for a period that may extend up to five years for the initial offence. Subsequent offences may result in imprisonment for up to two years.
Disposal of Seized Weights and Measures in Section 15 Under Legal Metrology Act, 2009
Procedures for disposing of seized weights and measures under Section 15 are outlined as follows:
1. Return to Originator
When unverified weights or measures are confiscated, they have the option to be returned to the importer, manufacturer, or retailer. If these entities rectify the inaccuracies within a specified 15-day period, the items can be reevaluated, verified, and stamped, ensuring compliance with legal metrology standards.
2. Court Proceedings
When seized items become part of a legal case, they are handled in strict accordance with court directives. This ensures a fair and lawful process that respects the legal rights of all parties involved.
3. Record Keeping for Speedy Decay
In situations where seized goods are prone to rapid deterioration, the legal metrology officer takes the trader’s signature as a record-keeping measure. This documentation serves as evidence of the condition of the items at the time of seizure.
4. Disposal of Goods in False Packaging
Goods found in false or misleading packaging, which does not adhere to legal requirements and is susceptible to rapid deterioration, can be disposed of following the procedures specified in Section 15. This action prevents deceptive packaging practices and safeguards consumers’ interests.
5. Retention for Prosecution
If the seized items are not at risk of rapid decay, the legal metrology officer may retain the package or container as evidence for potential legal action. After providing a notice period, unclaimed items can be managed in line with the court’s instructions, ensuring that justice is served and compliance is maintained.
Conclusion
In conclusion, Section 15 of the Legal Metrology Act, of 2009, serves multifaceted objectives, aiming to uphold measurement standards, protect consumers, and ensure fair trade practices. Simultaneously, it imposes penalties to deter non-compliance and outlines a structured process for the disposal of seized items, further reinforcing the act’s objectives and regulations.
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