Certain amendments have been proposed to decriminalize the provision of legal metrology, and those proposed amendments include the following areas:.
- Penalty and preventive measures.
- Person in charge of the conduct of business.
- Selling above MRP
The proposed amendment also includes those selling above MRP. As per the proposal, it has been suggested that the addition of section 36 (1) A target the sale of commodities above MRP.
Person In Charge
- The person in charge should be the manager, as the manager is the one who takes care of day-to-day business operations and if it's not the director who takes care of day-to-day business operations.
- However, the nomination of one director or partner against some criminal proceeding can be initiated as per the procedure laid down in the act.
- The proposal aims to have the direct liability of the manager instead of the director because the day-to-day transaction of the business is taken care of by the manager.
- The proposal considers the fact that the person who is at fault shall be punished and the consequences shall not be faced by any other person..
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Which provisions of LMA can be decriminalized?
Certain provisions of legal metrology shall be decriminalized; and the provisions which can be decriminalized are the following:
- Where there is no need for Mens Rea or where the Mens Rea cannot be proved,
- Where there is no adverse effect that has impacted on the larger public
Review of the Penalty by the Amended Proposal
The offense under legal metrology is compoundable and it is available as a non-cognizable offense, so it can be compounded by a person easily just by paying off the fine of the offense committed by the offender. Certain provisions have been proposed in the amendment to increase the penalty for the offenders and the proposal includes the following:
- The penalty fee should be increased from Rs. one lakh to Rs. ten lakhs.
- Penalties should include the cancellation of the license of the offender.
- Whether the offender is a regular offender or a habitual offender, he may face the consequences of having to pay the penalty as well as leading to the Cancellation of license.
- Selling above MRP is an offense that is a compoundable offense and punishable with a fine of Rs. 2000. However, if the amendment is proposed to increase the fine for selling the commodity above the MRP, offenders have to pay a fine of Rs. 2000 in case the offense is committed by a wholesaler or a retailer.
- If the offender is a manufacturer or importer, he might face the consequences of paying a fine of Rs. 5000.
- The amount of penalty will increase to between five thousand and twenty-five for the person who has committed the offense for the first time.
- For the subsequent offense or the habitual offender, the penalty will hike up to a minimum of 50,000 and one lakh on the offender.
Legal Metrology Consultant
Any person who has committed the offense and wants to rectify his mistake but is not getting a way to come out of it may consult a legal metrology expert or a legal metrology consultancy. They can provide you with better direction and will help you out in compounding your offense. Any consumer who has been betrayed or a victim of fraud committed by the manufacturer, importer, or dealer of the commodity may also consult the legal metrology consultant and file a complaint against the offender for which they can take the help of the legal metrology expert for better output and result.
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