Legal metrology notice 2009 section 18(1)

arham organic (Querist) 22 April 2024 This query is : Resolved
respected experts
The company has received a notice from Senior Inspector, Legal Metrology (Weights & Measures) Muzaffarnagar, Uttar Pradesh, stating that the company has violated section 18(1)/36(1) of ‘the Legal Metrology Act, 2009’,Legal Metrology (Packaged Commodities) Rules, 2011’ for not mention Pincode and number of sachet in box . also mention that it can be compounded at office level if we agreed to pay fine . please advice

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A company has received a notice for violating Section 18(1) of the Legal Metrology Act, 2009, due to missing Pincode and sachet count on packaging. Experts advise that compounding the offence by paying a fine is a common way to resolve such issues and avoid business disruption. While the maximum fine is Rs. 25,000, negotiation with the inspector or filing an appeal are also potential options.

T. Kalaiselvan, Advocate (Expert) 22 April 2024
If you admit the allegations leveled in the notice issued by the department then it would be better that yo compromise the matter by compounding the same to avoid unnecessary hurdles in the peaceful conduct of your regular business.

kavksatyanarayana (Expert) 22 April 2024
Yes. As per rules the department issued notice you have to pay the compounding to avoid legal and other complications.

arham organic (Querist) 23 April 2024
sir no problem to pay compounding but for sstartup and first time business person 25000 Rs i too much if any other way if you expert can suggest

T. Kalaiselvan, Advocate (Expert) 23 April 2024
You can talk to the inspector concerned and negotiate the penalty amount, if it is within his discretion, he may try to reduce it otherwise you may look for any other option including challenging the orders legally.
We can only render opinions/advises, rest other things are to be taken care by yo based on the situation prevailing at your end

P. Venu (Expert) 26 April 2024
In terms of the provisions of Section 36(1) , Rs. 25,000/- is the maximum fine that is leviable. The actual fine imposed could be much lower, esp. in the instant case, considering the nature of the alleged violation.

Also, you have the option to file appeal as provided under Section 50. In the given facts, there are substantial grounds for filing an appeal. Discretion is yours.

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