On May 9th, 2022, the central government created penalties for minor offences committed under the act by the offender for the very first time.
The suggestion by the central government gives an impression that the quantum of penalties should not be the same for big players and small business owners, such as big business websites, commercial websites, small vendors, or other businesses.
It has been urged by the consumer affairs ministry to the state government by requesting them to come on board to decriminalize minor and first-time offences under Legal Metrology.
While suggesting that setting aside any target to issue challenges and collect fines should only be incidental and not to the Moto of enforcement agencies.
Decriminalizing the offence under Legal Metrology has already been an issue for quite some time and it has been the hottest topic of discussion between the States and business organizations.
Decriminalizing the offence aims to reduce the burden and unnecessary headaches for businesses and set them free to trade in the Indian market.
Offences under Legal Metrology, the central government has graded the penalties specifically for the offences committed for the first time. Offenders who commit an offence will be charged under the act and the Penal Code.
The offender will be liable to pay the penalty and legal action will be taken against him.
In recent days, the issue that was raised by the central government is about the penalty under Legal Metrology, which is the same for every business. It means the business on a higher level or the business on a lower level, such as small vendors, has to pay a penalty of an equal amount for the offence committed under legal metrology.
The central government has suggested that the penalties on businesses should be levied according to their level. The amount of penalty should not be the same for every level of business, which can be the bigger businesses or the small vendors.
Offences committed under the legal metrology act may be committed by the manufacturer, packer, seller, or importer of a commodity who deals in the Indian market. Even though offender can be an e-commerce website that deals with Indian customers through online transactions and services. Legal metrology laws for e-commerce should be considered by every E-Commerce website while dealing in the Indian Market.
Keeping in mind the view of staying away from the legal metrology dispute, it is very much necessary to follow the rules and regulations laid down in the act as per the Indian Legal Metrology system.
It is mandatory for every manufacturer, packer, and importer of commodities to get themselves registered under the legal metrology act and obtain an LMPC certificate from the legal metrology department of their respective state or wherever such a business or manufacturing unit is situated.
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