Non acceptance of Compounding Under Legal Metrology act by company XYZ

[ACS suresh chaudhary]

 Company XYZ received a notice for publishing "hrs" instead of symbol " h" in advertisement.

Legal Metrology issued notice for compounding offence commited under section 52 of Legal metrology act by writting a letter and court fee stamp of Rs. 3/-

Application for compounding sent by company.

Legal Metrology dept compounded and impose a penalty Rs. 25000/- (5000 on each of four director and the company)

section 52 (3) of the act prescibe maximum penalty of Rs. 5000/- not a single rupee has been reduced in compounding.

Has the matter comes to the court there are chances of getting penalty below the Rs. 25000/- on conviction.

What could the  XYZ  Company can do now?

[R V Seckar]

Hi,

This is answer given by Mr Manoj S Bishit in one of the Whats Group

If nomination would have been done under LM case could have been different. Since no director nominated, hence the issue.

As regard compounding, its a mutually agreed fee.

  If.you do not agree with it, dont compound and face action and prove innocence

What advt is that which used hrs instead of h? can u eloborate it 

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[R V Seckar]

This is another reply given by Mr Jitender 

Before compounding the company would be required to file the appeal with controller of metrology and explain would have explain the relevance of using word HRS instead of H

Secondly as per LM the abbreviation should be of SI units 

If the product selling that company is  measure in time only then SI unit of time needs to be provided.

Interestingly when the rule 12 and 13 are drafted then no one has thought that some goods may be measure in times also. These rules talks only number, weight or length or its combination 

Further as per query raised, it is not cleared which type of advt has been given by that company and what type of products are that which attracts these rules

[ACS suresh chaudhary]

Dear sir

Thanks for replying.

The led based lighting products Manufacturing company has advertised that its led lifetime more than 50000 + hrs 

The legal metrology department said the Company breached Fourth schedule of the national standards rules 2011 which prescribed symbol h and not hrs.

Application for compounding sent is as below for consideration:

Dear Sir

 

SUBJECT: APPLICATION FOR COMPOUNDING OF OFFENCE COMMITED UNDER SECTION 52 OF THE LEGAL METROLOGY ACT, 2009

 

We have received your notice no. xxx dated 16/09/2016 in which your good office has intimated us about the violation of the IVth schedule of the   national standard rules 2011.

 

We submit:-

 

1.       That there was use of “ hrs” instead of “h”  in the 50000 + hrs in the  advertisement  published in the newspaper  ;

2.       That the violation of the schedule IV was not deliberate act on the part of the Company or any of its officers ;

3.       That this act of violation will not be repeated in the future by the company;

 

Please compound our offence and give us a relief from any action from your department. Our entity is a law abiding organization and we will not repeat the same mistake again.

 

We will publish any advertisement in the future keep in mind the fourth schedule of the national standards rules 2011 and the legal Metrology act and any other related rules and  law in force.

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

They imposed maximum penalty under compounding.The Company was not told about the compounding amount in advance. it was communicated after the company sent the  compounding application .

Also The officer concerned said we halved the penalty from Rs. 50000/- too Rs. 25,000/- but When I saw the section 52 (3) I found maximum penalty was Rs. 25000/- (5 x 5000= Rs. 25,000/-).

what next step shall be taken as appeal cant be done as the company has sent compounding application . Compounding amount not acceptable to the company and it has to be paid within 7 days otherwise matter will be taken further by legal metrology.