Legal Metrology Rules Will
Forgive First Offences
Ø Major Reform to Promote Ease of Doing Business and Trust-Based Governance
Ø First-time procedural and regulatory mistakes can now be corrected before
penalty action
Ø Reform reduces compliance burden while keeping consumer protection strong
·
The Department of Consumer Affairs
has introduced an Improvement
Notice mechanism under the Legal Metrology Act, 2009 through the Jan Vishwas (Amendment of Provisions)
Act, 2026.
·
The
mechanism allows businesses committing specified
first-time procedural or regulatory non-compliances to rectify
deficiencies before penal proceedings are initiated.
·
The
reform aims to promote Ease
of Doing Business (EoDB) by
encouraging voluntary compliance, reducing unnecessary litigation and fostering
a trust-based regulatory framework.
·
It
applies to manufacturers,
importers, packers, dealers, repairers, traders, MSMEs and other regulated
entities covered under the Legal Metrology Act.
·
Serious
violations such as fraud,
repeated offences, tampering and acts adversely affecting consumer interests
will continue to attract strict enforcement.
·
A Legal Metrology Officer
may issue an Improvement Notice identifying a first-time procedural or
regulatory deficiency and provide reasonable time for rectification.
·
If the
business complies within the prescribed period, penal action and litigation can be avoided.
·
Failure
to comply with the notice or repeated violations will invite action under the
Legal Metrology Act.
·
Encourage
voluntary compliance
and timely self-correction.
·
Provide
businesses an opportunity to rectify genuine
first-time procedural lapses.
·
Reduce
unnecessary litigation arising from inadvertent compliance errors.
·
Lower
compliance costs and improve regulatory certainty.
·
Enable
enforcement authorities to focus on deliberate,
repeated and consumer-harming violations.
The mechanism applies
to specified first-time procedural or regulatory non-compliances relating to:
·
Registration
requirements.
·
Documentation
and record maintenance.
·
Model
approval.
·
Manufacture,
sale and repair of weights and measures.
·
Import
of weights and measures.
·
Transactions
and packaged commodities.
·
Submission
of statutory information and returns.
The
Improvement Notice mechanism covers specified first-time non-compliances under:
·
Section
25 – Use
of non-standard weights or measures.
·
Section
27 –
Manufacture or sale of non-standard weights or measures.
·
Section
28 –
Transactions violating prescribed standards.
·
Section
29 –
Quoting or publishing non-standard units.
·
Section
31 –
Non-production of documents.
·
Section
32 –
Failure to obtain model approval.
·
Section
34 –
Sale or delivery using non-standard weights or measures.
·
Section
35 –
Rendering services using non-standard weight, measure or number.
·
Section
36(1) –
Sale of non-standard packaged commodities.
·
Section
38 –
Import of weights and measures without registration.
·
Section
39 –
Import of non-standard weights and measures.
·
Sections
41(1) & 41(2) –
Furnishing false information or returns.
·
Section
45 –
Manufacture of weights and measures without registration.
·
Section
46 –
Repair, sale or dealing in weights and measures without registration.
·
Section
47 –
Tampering with a Registration Certificate.
·
The
Department clarified that the mechanism does
not weaken consumer protection or dilute enforcement under the
Legal Metrology Act.
·
It
applies only to specified
first-time procedural and regulatory non-compliances, while
serious and repeated violations will continue to face legal action.
·
The
reform supports the Government's vision of "Minimum Government, Maximum Governance"
by promoting trust-based regulation.
·
It
seeks to create a transparent,
predictable and business-friendly regulatory ecosystem while
safeguarding consumer interests and maintaining the integrity of the legal
metrology system.
The Department
of Consumer Affairs has introduced the Improvement Notice mechanism under
the Legal Metrology Act, 2009 through the Jan Vishwas (Amendment
of Provisions) Act, 2026. Under the new mechanism, businesses committing
specified first-time procedural or regulatory non-compliances will be given an opportunity
to rectify the deficiency before penal proceedings are initiated. The reform
promotes Ease of Doing Business (EoDB) by encouraging
voluntary compliance, reducing unnecessary litigation and supporting a more trust-based
regulatory framework, while maintaining strong consumer protection.
Key Highlights
·
The Improvement Notice mechanism under the Legal Metrology
Act provides a facilitative opportunity for regulated entities to correct specified
first-time procedural or regulatory non-compliances before penal action is initiated.
·
The reform is intended to promote Ease of Doing Business,
encourage voluntary compliance and reduce unnecessary litigation.
·
It applies to manufacturers, importers, packers, dealers,
repairers, traders, MSMEs and other regulated entities.
·
Strict action will continue against fraud, repeated
violations, tampering and other acts adversely affecting consumer interests.
·
The overall objective is to strengthen trust-based governance
while safeguarding consumer interests
What is an Improvement
Notice?
Where a person
commits a specified first-time procedural or regulatory non-compliance covered under
the Legal Metrology Act, a Legal Metrology Officer may issue an Improvement Notice
identifying the deficiency and providing reasonable time to rectify it.
If the regulated
entity complies within the prescribed period, unnecessary penal proceedings and
litigation can be avoided. However, failure to comply with the Improvement Notice
or repeated non-compliance will continue to attract action in accordance with the
provisions of the Legal Metrology Act. The mechanism represents a shift towards
a more facilitative and trust-based regulatory framework by encouraging voluntary
compliance without compromising enforcement.
Why this Reform
Matters
The Improvement
Notice mechanism seeks to create a more predictable, transparent and business-friendly
regulatory environment by:
·
Encouraging voluntary compliance and timely self-correction.
·
Providing businesses an opportunity to rectify genuine
first-time procedural lapses before penal action.
·
Reducing unnecessary litigation arising from inadvertent
compliance-related errors.
·
Lowering compliance costs and improving regulatory certainty.
·
Allowing enforcement authorities to focus on deliberate
and repeated violations affecting consumer interests.
Provisions Covered
under the Improvement Notice Mechanism
The Improvement
Notice mechanism applies to specified first-time procedural and regulatory non-compliances
relating to:
·
Registration requirements
·
Documentation and record maintenance
·
Model approval
·
Manufacture, sale and repair of weights and measures
·
Import of weights and measures
·
Transactions and packaged commodities
·
Furnishing statutory information and returns
The mechanism covers
the following provisions of the Legal Metrology Act:
·
Section 25 – Use of non-standard weights or measures
·
Section 27 – Manufacture or sale of non-standard weights
or measures
·
Section 28 – Transactions in contravention of prescribed
standards
·
Section 29 – Quoting or publishing non-standard units
·
Section 31 – Non-production of documents
·
Section 32 – Failure to obtain model approval
·
Section 34 – Sale or delivery using non-standard weights
or measures
·
Section 35 – Rendering services by non-standard weight,
measure or number
·
Section 36(1) – Sale of non-standard packaged commodities
·
Section 38 – Import of weights and measures without
registration
·
Section 39 – Import of non-standard weights and measures
·
Section 41(1) & 41(2) – Furnishing false information
or false returns
·
Section 45 – Manufacture of weights and measures without
registration
·
Section 46 – Repair, sale or dealing in weights and
measures without registration
·
Section 47 – Tampering with Registration Certificate
The Department
has clarified that the Improvement Notice mechanism does not dilute consumer protection
or weaken enforcement under the Legal Metrology Act. The mechanism is applicable
only to specified first time procedural and regulatory non-compliances.
The introduction
of the Improvement Notice mechanism reflects the Government's vision of "Minimum
Government, Maximum Governance" by promoting trust based
regulation, reducing unnecessary compliance burden, encouraging voluntary compliance
and creating a transparent, predictable and business friendly regulatory ecosystem.
The reform strikes a balanced approach by supporting honest businesses in achieving
compliance while preserving the integrity of the legal metrology system and safeguarding
consumer interests.