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“Legal Metrology Act, 2009’was enacted with the primary objectives to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods which are sold or distributed by weight, measure or number and for matters connected therewith or incidental thereto. Department of Consumer Affairs is the nodal agency for the implementation of the Act"
Ministry of Consumer Affairs, Food and Public distribution issued a circular inviting comment on the proposal on reviewing de-criminalizing of the minor offence under Legal Metrology Act 2009.This action is taken into consideration in order to ensure ease of doing business & fostering an investor-friendly climate.
Circular mentioned about factors for calculating penalties depends on the nature of the offence, extend of adverse impact on the public at the large, vulnerability of the class of persons likely to be adversely affected and monetary gains to perpetrator/loss to impacted party etc.
The current proposal could substitute this criminal liability with stiff compoundable monetary penalties if a civil nature that can act as adequate deterrents without comprising public interest at large. Government has invited stakeholder’s consultation on the proposal. Ministry suggests amendment to decriminalize offence under section 25-30, section 31-42 43,45-47,section 52(3), 53(3).
The rationale stated behind decriminalization, “For repetition of a same or similar offence committed earlier, a fine may be sufficient since the violation may not necessarily involve mensrea ( malafide /criminal intent ) and may not adversely affect public interest at large. Thus a review of the Penalties needs to be done”.
“Board of Directors may not be involved in day to day functioning of the company /factory.”
In view of the same, the Government proposes to substitute criminal punishment with stringent penalties, ranging between Rs.1 lakh to Rs.10 lakh. Comments/ suggestions are invited to be submitted to the ministry on by August 12, 2020 at the address specified in the circular.
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