Penalty under legal metrology rules

SAPNA KANNAIDAS (Querist) 20 March 2012 This query is : Resolved
Dear Members,

Can anybody advise on the penal action under the Legal metrology rules? For defects in declaration on packs manufactured in 2009, which is before the enactment of new rules i.e., Legal Metrology (PC) Rules, 2011 which fee schedule becomes applicable? Will the company be penalised under the new rules of old rules?

Members valuable views solicited.

Thanks and regards,
Sapna Kannaidas

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Guest (Expert) 20 March 2012
Dear Sapna,

The question is not whether the declaration of defect on packs was made in 2009 or in 2011, the question arises, when the matter came before the court for proceedings/ decision/judgment.

If the legal proceeding was started before the commencement of the LM(PC) Rules 2011, i.e., date of effect, the legal procceding pending in the court under the said rules at the commencement of these rules were required to be continued in the court as if the said rules had not been framed.

However, if the legal proceedings took place only on or after the date of effect of the LM(PC) Rules, the new rules would apply, irrespective of the date of offence.

Raj Kumar Makkad (Expert) 20 March 2012
I do endorse the views of Dhingra ji.

SAPNA KANNAIDAS (Querist) 20 March 2012
I acknowledge the views Sir. However, it has become the practice of most of the officers to find minor or negligible defects on older packs and ask for exorbitant penalties as per the new fee structure. Is this fair on their part? The penalties which were earlier in few thousands now runs into lacs. Isnt there a solution to this?

Guest (Expert) 20 March 2012
Dear Sapna,

It is not unusual, as it is systemic fault. Any Government official when vested or delegated with any power, he usually tries to wield his authority against the people.

You have the right to file an appeal if you find any intentional delay on the part of the Government officials to file a case against the organisation, just with the intention to harass the industry people.

If you like, you can send me detailed history of the case through email [dcgroup1962@gmail.com] for further consultation, as it may probably not be in yours or your organisation's own interest to come openly.

Basavaraj (Expert) 20 March 2012
Penalty for contravention of Rules:-
(1) Whoever contravenes the provisions of rules 27 to 31 he shall be punished with fine of four thousand rupees.
(2) Whoever contravenes any other provision of these rules, for the contravention of which no punishment has been provided either in the Act or in the rules he shall be punished with fine of two thousand rupees.

Just refer attached file for your informaiton..in that you will come to know everthing what you needed.