Legal Metrology Act is the principal governing law to maintain uniformity and standardisation as well as commodities. The manufacturers, importers, packers and even repairers need to obtain registration under the legal metrology act and ensure that they adhere to all the compliances as per the act and rules made thereunder. In case of any non-compliance, you can end up receiving notice from legal metrology regulatory authorities.
In the last few years, multiple companies received legal metrology notices for violation of the provisions of the Legal Metrology Act, 2009 and Legal Metrology (Packaged Commodities) Rules, 2011. For instance, the legal metrology act requires the e-commerce companies to mention the name and address of the manufacturer, importer or packer; maximum retail price (MRP) of the product; net quantity; month and year of manufacturing; date, month and year of expiry or best use date; customer care number etc.
Many of the e-commerce companies failed to adhere to the above declaration requirements. As per the press release by the Ministry of Consumer Affairs, Food and Public Distribution, many of the companies received notices under legal metrology law. 38 notices were issued during the period of 16th October 2020 to 31st December 2020, 232 notices during the calendar year 2021 and 178 notices during the period 1st January 2022 to 11th July 2022 for violation of the provisions and rules under legal metrology.
Once the notice under legal metrology for any violation is issued, it becomes important to address the same and reply to legal metrology notice at the earliest. Taking professional assistance becomes important in this regard. After receipt of the notice, you need to determine the non-compliance highlighted. In case you hold a different viewpoint or believe that there is a mistake on the part of regulatory authorities, then you can furnish a response along with documentary evidence to prove that there was no non-compliance.
In case the violation is proved, then you can opt for compounding of the offence if permitted by the legal metrology law. Compounding under legal metrology can save you from imprisonment by paying a certain amount of fine. In case the offence is non-compoundable, then you need to pay the requisite fines and penalties. Further, you can also appeal to the higher authorities in case the order is passed against you and you believe that there is no violation of the law.
ASC Group is a professional and consultancy firm having experts from different domains including CAs, CSs, advocates etc. to provide expert financial and legal services. With vast experience in solving disputes between regulatory authorities and applicants under the legal metrology act, ASC Group can help you navigate in the right direction in case you have received legal metrology notices. Our legal metrology services include the following:
Reach out to ASC Group for more information.