Section 18 1 36 1 of the Legal Metrology Act 2009

If the words “on the packaging” and “as provided for in this Act” are deleted, the question arises “what explanations”, the answer is the explanation “on the packaging”. The question will also arise as to whether these can be declarations on the packaging; The answer is in “as provided by this Act”. Therefore, it is quite clear that, according to the provisions of the Legal Metrology Act 2009, declarations must appear on the packaging and not on a declaration “which is not on the packaging” and not as “as provided for in this Act”. If the declaration on the packaging does not comply with the provisions of the Law on Legal Metrology 2009, this constitutes an offence within the meaning of Article 36(1) of the Law on Legal Metrology 2009. Therefore, it covers all cases of non-declaration in accordance with the provisions of the law as well as declarations that are not made in accordance with the Legal Metrology (Non-Declaration) Act 2009. Legal Metrology (Packaged Goods) Rules 2011 under the Legal Metrology Act, 2009. Rule 6(C)(3) provides: “Individual stickers may not be affixed to the packaging to make the amendment or declaration required by these Regulations.” Krishna Kumar holds a BA-LLB with a specialization in Constitutional Law from ICFAI University. A recent graduate, he has both legal research and content writing experience at various law firms. He has good writing skills for various legal documents in different areas of law. It is necessary to examine whether such a broad interpretation corresponds to the intention of the legislature or to the letter and spirit of the article.

The responsibility for the correct declaration of goods lies with manufacturers, packagers, importers, sellers and distributors and other companies that market these products before they are sold to the retailer. It is not disputed that the declarations on the packaging must comply with the provisions of the Law on Legal Metrology (§ 18). It appears prima facie that the goods must comply with both (1) the declaration in accordance with the provision of the law and (2) the declaration on the packaging before packaging. In addition, the “declaration” must appear on the packaging without exception, whether or not it is expressly mentioned “on the packaging”, and “declaration on the packaging” is also a unique expression defined and provided in section 18 of the Law on Legal Metrology 2009. From a legal point of view, the expression “on the packaging” should not affect the interpretation, since the declaration itself refers to the declarations on the packaging. In this context, the above interpretation (under serial numbers I and III) of deleting the words “on the packaging” and/or “as provided for in this Law” seems logical and legally valid. In contrast, subsection 36(1) deals not only with matters related to the quantity of goods, but also with other declarations required under the Legal Metrology (Packaged Goods) Rules 2011. Thus, ex facie, that marginal note cannot limit the scope of Article 36(1) to `non-standard packaging`, that is to say, to confirm not only incorrect quantity declarations. Legal metrology describes the regulations for the control of measurements and measuring instruments. It also contributes to environmental protection, public safety, customers and traders, and is important for fair trade. Metrology in India is regulated or administered by the Legal Metrology Act, 2009, which repeals the Standard Weights and Measures Act, 1976 and the Weights and Measures Standards (Enforcement) Act, 1985.

Nevertheless, there are various offences and penalties under the Legal Metrology Act of 2009, which we will discuss in this article. In Abhinash Bajaj v. State of Assam (CR 117/12, JMFC Court, Sonitpur, Tezpur, Assam), the JMFC Court also ruled that the criminal provision for violation of Rule 6(1)(e) (non-declaration of RSP) of the Legal Metrology (Packaged Products) Rules 2011 Sec. 36(1) of the Legal Metrology Act, 2009 (para. 12). All the above discussions explicitly conclude on the premise that Article 36 (1) of the Law on Legal Metrology provides for non-declarations on the package in accordance with the provisions of the Law on Legal Metrology 2009. The Legal Metrology Wing was created to ensure the protection of consumers against exploitation in the transactions of goods in terms of price, countervalue weights and measures. The inspection test.

It must be examined whether a declaration (including non-declaration) on packaging which does not comply with the declarations provided for in the Metrology Act 2009 constitutes a breach of the criminal provision of Article 36(1) of that Act or, in other words, Article 36(1) concerns only non-declaration and/or false declaration/declaration.