Active Discussion 

The document specifies who can attract a penalty.

  • Any person/body that grades or marks articles without being authorized to do so
  • Any person/body that is involved in counterfeit grade or market designation, or has in their possession any instrument for the purpose of counterfeiting a grade designation mark 
  • Any person/body involved in any activity to sell a scheduled article which is misgraded
  • Any person/body involved in selling a scheduled article which is not marked with the grade designation mark

It also clarifies how this would be adjudicated.

  • It introduces the role of the adjudicating officer in commencing inquiring proceedings.
  • They need to issue a notice to such a person/body giving them an opportunity to make a representation in the matter within 30 days.
  • The inquiry should give the opportunity to the person to produce documents or evidence that may be relevant to inquiry.
  • The Adjudicating Officer can summon and enforce the attendance of anyone acquainted with the facts and circumstances of the case to give evidence or produce relevant documents.

When adjudging the penalty, the adjudicating officer has to take into account 

  • The amount of gain/unfair advantage the person made as a result of the contravention 
  • The amount of loss caused to others because of the contravention
  • If the contravention has been repetitive 
  • Whether the contravention was without their knowledge 
  • Any other relevant factor

If they are found to be guilty of conducting the contravention beyond doubt, the Adjudicating Officer can enforce penalties on them.
Any monetary penalty will be remitted in a digital government portal.
Any appeal can be filed against the orders of the Adjudicating Officer upto 30 days of the receipt of the order.