According to section 18 of the Act, the manufacture, packaging, sale or importation of prepackaged items is illegal unless they are in standard quantities and contain all necessary disclosures. Any advertisement mentioning the retail price of a packaged product must also include the net quantity or number of goods contained in the packaging. The objective of the workshop was to maintain the balance between consumers and industries, and the decriminalization of the Legal Measure Act, 2009 was the central element to be taken into account for the proper functioning of business operations by eliminating unnecessary disruption. (4) A complaint shall be privileged in the payment of such fees as prescribed. The appointment of the person responsible and other statutory enforcement officers from Chapter V of the Act, which deals with “offences and penalties”, imposes a term of imprisonment (and a fine) for a second or subsequent offence (i.e., in cases where the same or a similar offence is committed within three years of the first composite offence). From July 2020, the Ministry of Consumer Affairs conducted a stakeholder consultation as part of a proposal to determine whether such a second or subsequent offence should be maintained as a criminal offence or converted into a civil sanction (proposal). The proposal replaces the prison sentence with a fine and proposes another measure to revoke the licence (if no compound interest is paid after the appeal period). Proposal proposals must be sent to the ministry by August 12, 2020. 2. Each of these remedies shall be preferable within sixty days of the date on which the contested decision was taken, provided that the Appellate Body may authorise the applicant to give priority to the appeal within the said sixty-day period if it is satisfied that the applicant has been prevented, for valid reasons, to lodge the appeal within the said sixty-day period. According to international practice, legal metrology has applications in three main sectors: LawSikho has created a telegram group for the exchange of legal knowledge, recommendations and various possibilities. You can click on this link and go to: 1.
Subject to the provisions of paragraph (2), an objection must be raised, – “All sales on the Amazon platform are controlled by them, because no details of the sellers are mentioned and all sales first go directly to Amazon and they decide to whom the order should be forwarded. Due to this fact, about 80% of sales are made by very few preferred sellers, and so Amazon`s argument that sellers list their data, etc., is not on a legal basis,” BC Bhartia, national president, and Praveen Khandelwal, general secretary of the Confederation of All Traders in India, said in a statement. The Directorate of Legal Metrology of each state is responsible for the enforcement of the Law on Standards and Weights and Measures, which is essentially a three-tier organization consisting of legal metrology inspectors at the field level, legal metrology inspectors at the district level, and the legal metrology controller with four delegates at the state level. The four Regional Reference Standards Laboratories (RRSLs) in Ahmedabad, Bhubaneswar, Bangalore and Faridabad calibrate the legal weights and measures of states and Union territories. These laboratories also provide calibration services to companies in their respective regions. They have recognized laboratories to carry out model approval tests on weights and measuring instruments. e. any decision or order of the controller under Articles 15 to 18, 23 to 25, 27 to 37, 45 to 47 or any rule under Article 52, paragraph (3), which is not a contested decision under paragraph (d) to the State Government or to an official specially authorised by that Government to that effect. 5. The central government or the land government may, of its own motion or otherwise, request and examine the registration of any proceeding, including an appeal procedure, in which a decision or order has been made, in order to ascertain the accuracy, legality or correctness of such decision or order, and may adopt such decisions as it deems appropriate: As of July 2020, the national judicial data grid shows an ongoing case of more than 3.33 crores, of which 72% are criminal cases and 27% are civil cases. The proposed decriminalization phase will certainly help ease court congestion, which has been on the agenda for decades.
The dark clouds of the backlog and unnecessary delays have also affected the country`s economic activity. Improving the backlog of cases will have a positive impact on the legal landscape and, as a result, improve India`s ranking in the Ease of Doing Business Index. In accordance with article 50 of the Act, an appeal may be lodged with the next higher authority within 60 days of the date of the order or decision of an official of the legal services. The science of measurement is known as metrology. It includes theoretical and practical questions, the realization of units of measurement and their physical representation as well as measurement tools and their fields of application. Legal metrology refers to any applied metrology regulated by official laws or ordinances. The scope of legal metrology varies from country to country. In most countries, legal metrology includes measures for individual financial, health and environmental protection.
According to the law, if a violation is observed by a legal metrology officer (agent), the officer sends a notification to the alleged perpetrator, and if that person accepts the notification, he or she can pay the required compound interest fee and close the case. If the alleged perpetrator does not agree with the charges, he or she can contact the person responsible and then the state government. In cases where no appeal is lodged; or the offence cannot be collected; or the crime is aggravating, but the defendant has not responded to the notice or has not paid the required fee, then the officer will file the case with the court and initiate legal proceedings. Follow us on Instagram and subscribe to our YouTube channel for more amazing legal content. Director of Legal Metrology BN Dixit canceled Amazon`s calls against communications from the Legal Metrology Department because it was unable to display the full address of sellers on its marketplace – Amazon Seller Services. On the order of 2. In February 2021, the Director noted that “it is evident that the complainant company violated the provisions of the Legal Metrology Act, 2009 and the Legal Metrology (Packaged Products) Rules 2011 by failing to display the manufacturer`s full address on the digital/electronic network used for e-commerce transactions.” Dixit asked the ministry to take “legal action” against Amazon. a.
any decision or order pursuant to §§ 15 to 20, § 22, § 25, §§ 27 to 39, § 41 or a rule pursuant to Article 52, paragraph 3, by the Statutory Metrology Commissioner appointed in accordance with § 13 to the Director; 3. Upon receipt of such an appeal, the appeal authority, after giving the parties to the complaint a reasonable opportunity to be heard and after conducting such investigation as it considers appropriate, shall issue the order, confirm, vary or rescind the contested decision or order in its sole discretion, or may dismiss the matter by ordering it; considers appropriate for a new decision or order after receipt of additional evidence; if need be. In recent months, the government has pre-screened more than 19 statutes and proposed the decriminalization of petty crime in those statutes, including the Companies Act, the Negotiable Instruments Act and various others. The list grows as the recent decriminalization proposal refers to the Legal Metrology Act of 2009 (“Law”) – a law that enforces technical and legal standards regarding measurements and weights and regulates trade in these weights and measures. The Weights and Measures Unit of the Ministry of Consumer Affairs is the main authority responsible for dealing with the problem and all matters within the competence of the central government. In addition, it must direct, coordinate and monitor the actions of the state law enforcement apparatus. Provided that no decision or order under this paragraph is altered in such a way as to harm a person, unless that person has had a reasonable opportunity to give reasons for the proposed action. Amazon had stated in its response that within 36 hours of receiving the notification, it had removed from the website offers containing incomplete details and that it was the seller`s duty to provide all mandatory statements regarding the product on the portal and to ensure its accuracy.
`A simple review of sub-rule 10 of Rule 6 provides that an electronic commerce enterprise must ensure that the mandatory declaration is made in accordance with sub-rule (1).