section 36
Penalty for selling etc., of non-standard packages.
The Legal Metrology Act, 2009Chapter V OFFENCES AND PENALTIES
2[(1) Whoever manufactures, packs, imports, sells, distributes, delivers or otherwise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale, including through digital modes of sale such as e-commerce platforms, online market places or any other digital or electronic means including electronic service providers facilitating such sales, any pre-packaged commodity which does not conform to the declarations on the package as provided in this Act, shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to five lakh rupees and for the subsequent offences the fine shall not be less than twenty-five lakh rupees but may extend to fifty lakh rupees.
Explanation.–– For the purposes of this sub-section, the expressions “e-commerce” and “electronic service provider” shall have the same meaning as assigned to them in clauses (16) and (17) of section 2 of the Consumer Protection Act, 2019 (35 of 2019).]
- (2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported, any pre-packaged commodity, with error in net quantity as may be prescribed 3[shall be punished with fine which shall not be less than ten thousand rupees but which may extend to one lakh rupees and for the second offence with fine which may extend to five lakh rupees and for the third or subsequent offence, with fine which may extend to fifty lakh rupees or with imprisonment for a term which may extend to one year or with both].
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