See the notice is not about the weight which machine shows it is about weight of machine written outside on box on Principal display pannel that has to be in kg.
Legal Metrology 2009 using of other units like Pounds other than standard weight KG
HI, I own a business where we import and sales personal body weighing scale under our brand through ecommerce channel. Today i was served with a notice from legal metrology department under Legal metrology Act 2009 read with sec 8 (3) stating that our weighing scale should use only standard weight (i.e kg) no other units like pounds or lb is allowed. I wanted to understand if i have done any offense or not. As our machine preset setting is in kg we have given feature/option where customer can convert kg to other units like lb or st. Please help asap.
Asked 6 years ago in Business Law
20 Answers
Primarily this is a punishable offence under section 25 of the said act and a fine of upto Rs. 25000/- can be imposed upon you. However, you may tender a reply to the said notice and say that measurement in other units is optional. Refer to the act at the following link:
http://chdconsumercourt.gov.in/bare_acts/LM-Notification09.pdf
Let me know if I can be of some help to you
Regards
@Shubham : The notice is about the weight which machine shows " It says the model has been accorded for conversion of standard units (kg) to other non standard units like pound or stone" @Anilesh : I am unsure if any offense is even done or not. As our machines has standard weight (kg) it just have feature where customer can see his weight in lb and st also. But machine preset setting is in kg. And they have referred punishment as per section 27 and compoundable U/s 48 of the LM act 2009
Asked 6 years ago
Dear Client,
This is just a reminder notice that weight or measure shall be in accordance with the metric system based on the international system of units for eg. length shall be the metre; mass shall be the kilogram; time shall be the second etc.
No offense committed.Just reply them back that machine preset setting is in kg and other units lie lb/st are added feature but not substituted of standard weighing.
Share the copy of the notice and get in touch with an advocate to tender a reply to the said notice.
As for as I see the act nowhere says that whether other units apart from the standard units can be kept option or not .
Regards
Section 27 of LM act confess that TNEB tenders does not conform to the standard upbeat on measurement is specified by under this act or which was there on any inscription of weight measure a number which does not confirm the standard offbeat measurement enumeration specified by or under this act except where is permitted to do so under this act shall be punishable with a fine which makes 10 to 20000 rupees and for the second and subsequent offences imprisonment for a term which may extend to 3 years or fined or with both.
however Import of any non standard weights and measure is punishable with fine which may extend to 50000 rupees.
Is this is your first offence so you will be only liable to pay fine as imposed by the department but in case of subsequent offences this will be compounded under section 27 39 and 48
There was a slight confusion I took the query as per the packaged commodities act , see you can reply the notice stating the standard weight in machine is Kg it only provide additional facility of other weights which is not in contravention of the provision therefore no penalty in such circumstances can be levied.
In this case there is no offense unless you charge someone unfairly on misleading weight measures. Only unit difference can't attract any offence.
This must be a show cause notice under the provisions quoted by you of the Legal Metrology Act.
In terms of the provisions contained in the 2009 Act, quantity/measure of any article cannot be stated (any)unit other than standard units of weights, measure and numeration. Appears that you have not committed any offence since the units like pound and lb are only optional in your device. Better you consult a local lawyer to get a reply drafted to this legal notice.
Thanks everyone for your suggestion. I have one more questions : Can Company proprietor directly reply to this notice ? or someone from company can reply ? or only lawyer need to reply this notice ?
Asked 6 years ago
Anyone authorised by the company in this regard, can reply. Also, the company has the option of replying to this notice through it's lawyer.
See if it is a firm the proprietor can reply the notice on letter head of Firm or can engage an Advocate to reply same. It is better if you engage an Advocate so that all contents of notice are properly verified and then reply of same is given.
If you feel that you can tender a reply then Lawyer is not required. The reply shall be tendered through company proprietor.
regards
Any authorised person from the company can reply. But it's better to consult a good lawyer to draft reply
Properietor can directly reply to notice
2) not necessary that reply should be from a lawyer
In your defence take plea that machine shows standard weight in lgs
2) in addition an additional feature is provided wherein weight in pounds is also displayed
3) that you have not committed any offence as alleged
Section 8(3) in The Legal Metrology Act, 2009
(3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral.
You have used standard weight in kgs
no offence has been committed by you by giving giving an additional feature
Dear Sir,
The reply notice is a foundation for your future legal bacteria. You have a strong case so that Department can withdraw its notice but so many issues it may not be possible for it to withdraw the notice. It is necessary for you to take legal guidance and get issue a reply through legal expert and if necessary get file a writ petition seeking quashing of such notice.
Any can send.
Since you have received notice from the authorities concerned it becomes your duty to give a suitable reply.
If you are alleged to have violated the rules in this regard you may better introspect that what went wrong and where, you cannot form your own rules and justify your stand which would be in contradiction to the prevailing law of the land, hence better consult a local lawyer and give a reply as advised by the lawyer.
You have been served with a legal notice in accordance with the provisions of the law referred therein.
If you state that you have not done any offence in this regard, you may better give a reply accordingly so that you are not held liable for violating the law in this regard or better understand the prevailing law in this regard and may act accordingly.
The reply given by the authorised representative or the lawyer shall be on behalf of the proprietor only, hence it wont make any difference as to who gives a reply, but dont delay in giving a suitable reply.