In order to amend sure enactments for decriminalizing and
rationalizing minor offences and to additional improve trust-based
governance for ease of dwelling and doing enterprise, the Jan Vishwas
(Amendment of Provisions) Bill, 2023 was taken up and accredited by
each homes of Parliament throughout its latest monsoon session in July
– August 2023. Later, on August 11, 2023, the Jan Vishwas
(Amendment of Provisions) Act, 2023 (“Act”) acquired
assent from the President of India. The Bill proposes to amend and
decriminalize 183 provisions in 42 Acts that are administered by
19 Ministries/ Departments.

The Ministry of Consumer Affairs, Food and Public Distribution
(Department of Consumer Affairs) vide its Notification No. S.O.
4128 (E), dated nineteenth September 2023, appointed 1st October 2023 as
the date on which the amended provisions associated to the Legal
Metrology Act, 2009 at serial no. 40 of the Act shall come into
drive.

The Act on the one hand decriminalizes sure minor offences
and alternatively, to be able to create a deterrent impact,
will increase the financial penalties relying upon the gravity of the
offence. The sole intention is to make the steadiness of curiosity and to
encourage the benefit of dwelling and doing enterprise amongst the general public
at giant. Thus, there’s a likelihood of a rise within the
financial penalties by 10% of the minimal quantity each three
years.

In the moment article, we’ll solely spotlight the amendments
made to a couple sections of the Legal Metrology Act, of 2009.

The time period “metrology” is outlined as “the
scientific examine of the measurement”. In different phrases, a system
of weight and measure. The uniform customary of weights and measures
primarily based on the metric system was established in India within the yr
1956. In order to offer impact to the worldwide system of models,
the stated uniform customary was revised and The Standard Weights and
Measures Act, 1976 got here into drive. Subsequently, the Standards of
Weight and Measures (Enforcement) Act, 1985 got here into drive for the
enforcement of the requirements of weights and measures.

However, the development of expertise has made it essential to
make the above-said enactment easy, eradicate out of date
laws, guarantee accountability and produce transparency. Hence,
the Legal Metrology Act, of 2009 got here into drive on 01.04.2011. The
intention of the Legal Metrology Act, of 2009 was to set up
and implement the requirements of weights and measures and
regulate commerce and commerce in weights, measures and different items
that are offered or distributed by weight, measure or quantity.

The Legal Metrology Act, 2009 (hereinafter known as
“LM Act”) is a kind of 42 Acts
whereby sure minor offences have been decriminalized by revoking the
imprisonment of offences The stated amendments have additionally declared
Sections 25, Sections 27 to 39, and Section 41 below part 48 as
“compoundable”.

The amendments made to the provisions of the LM Act are
talked about hereinbelow in seriatim: –

Section 25 of the LM Act offers with the
“Penalty to be used of non-standard weight or
measure”. The financial punishment was elevated from
Rs.25,000/- to Rs.1,00,000/-, and for the second or subsequent
offence, the punishment of imprisonment for a time period which can prolong
to 6 months together with a fantastic was amended and a financial
punishment of Rs.2,00,000/- is imposed. And for the third and
subsequent offence, the fantastic can be Rs.5,00,000/-.

Section 27 of the LM Act offers with the
“Penalty for manufacture or sale of non-standard weight or
measure”. The financial punishment was elevated from
Rs.20,000/- to Rs.1,00,000/-, and for the second or subsequent
offence, the punishment of imprisonment for a time period which can prolong
to a few years or with fantastic or with each was amended and a financial
punishment of Rs.2,00,000/- is imposed. And for the third and
subsequent offence, the fantastic can be Rs.4,00,000/-.

Section 28 of the LM Act offers with the
“Penalty for making any transaction, deal or contract in
contravention of the prescribed requirements”. The financial
punishment was elevated from Rs.10,000/- to Rs.50,000/-, and for
the second or subsequent offence, the punishment of imprisonment
for a time period which can prolong to 1 yr or with fantastic or with each
was amended and a financial punishment of Rs.1,00,000/- is imposed.
And for the third and subsequent offence, the fantastic can be
Rs.2,00,000/-.

Section 29 of the LM Act offers with the
“Penalty for quoting or publishing, and so on., of non-standard
models”. The financial punishment was elevated from
Rs.10,000/- to Rs.50,000/-, and for the second or subsequent
offence, the punishment of imprisonment for a time period which can prolong
to 1 yr or with fantastic or with each was amended and a financial
punishment of Rs.1,00,000/- is imposed. And for the third and
subsequent offence, the fantastic can be Rs.2,00,000/-.

Section 31 of the LM Act offers with the
“Penalty for non-production of documents, etc.”.
The financial punishment was elevated from Rs.5,000/- to
Rs.25,000/-, and for the second or subsequent offence, the
punishment of imprisonment for a time period which can prolong to 1 yr
together with a fantastic was amended and a financial punishment of
Rs.50,000/- is imposed. And for the third and subsequent offence,
the fantastic can be Rs.1,00,000/-.

Section 34 of the LM Act offers with the
“Penalty on the market or supply of commodities, and so on., by
non-standard weight or measure”. The financial punishment
was elevated from Rs.2,000/- however the identical could prolong to
Rs.5,000/-. The stated quantity was amended and an quantity of
Rs.25,000/- can be payable for the primary offence. In the second
or subsequent offence, the punishment of imprisonment for a time period
which shall not be lower than three months, however which can prolong to
one yr or with a fantastic or with each was amended and a financial
punishment of Rs.50,000/- is imposed. And for the third and
subsequent offence, the fantastic can be Rs.1,00,000/-.

Section 35 of the LM Act offers with the
“Penalty for rendering providers by non-standard weight,
measure or quantity”. The financial punishment was not much less
than Rs.2,000/- however the identical could prolong to Rs.5,000/-. The stated
quantity was amended and an quantity of Rs.25,000/- can be payable
for the primary offence. In the second or subsequent offence, the
punishment of imprisonment for a time period which shall not be lower than
three months, however which can prolong to 1 yr together with a fantastic
was amended and a financial punishment of Rs.50,000/- is imposed.
And for the third and subsequent offence, the fantastic can be
Rs.1,00,000/-.

Section 48 of the LM Act offers with the
“Compounding of offences”. Clauses no. 1, 2
& 3 of Section 48 of the Act have been amended and “Section
41” of the Act is added in clauses no. 1, 2 & 3 of Section
48 of the Act making the offence of Section 41 a Compoundable
Offences.

Analysis and Conclusion:

The current Jan Vishwas (Amendment of Provisions) Act, 2023 has
on the one hand introduced with it decriminalization of sure minor
provisions of the Legal Metrology Act, 2009 by ensuing some ease of
dwelling and doing enterprise within the Indian Market and additional
selling and attracting overseas buyers in India however on the
different hand with the rise financial penalties, it would have an effect on
the small producers/small-scale industries. However, it might probably
even be reckoned that with this “decriminalization of minor
offences”, the burden on Indian Courts will likely be lessened and
it will positively not put an addition to the pending instances in
India. We imagine that with the final word intention of enhancing
trust-based governance, these new amended provisions profit the
ease of dwelling and doing enterprise in India.

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