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CS Executive · Economic, Commercial and Intellectual Property Laws · Legal Metrology

Bharat Spices Ltd packs turmeric powder in pouches and is found to have manufactured them with an error in net quantity as prescribed. Under the Legal Metrology Act, 2009, what is the penalty for a first offence under section 36(2)?

For a first offence of manufacturing or packing a pre-packaged commodity with the prescribed error in net quantity, the fine must be at least ten thousand rupees and may extend to fifty thousand rupees. Higher fines or imprisonment up to one year apply for repeat offences.

  1. AFine of not less than ten thousand rupees but up to fifty thousand rupeesCorrect
  2. BFine of up to twenty-five thousand rupees only
  3. CImprisonment of up to five years only
  4. DFine of not less than fifty thousand rupees but up to one lakh rupees

Explanation

Section 36(2) punishes manufacturing, packing or importing pre-packaged commodities with the prescribed error in net quantity with a fine of at least Rs 10,000 and up to Rs 50,000. For the second and subsequent offence the fine may extend to Rs 1 lakh, or imprisonment up to one year, or both. The Rs 25,000 figure belongs to section 36(1), first offence.

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