The Federation of Indian Chambers of Commerce and Industry organized a round table to discuss the challenges faced in the implementation and enforcement of the Legal Metrology (Packaged Commodities) Amendment Rules, 2017 (LM Rules), in respect of the e-commerce sector, in Lucknow recently.
Industry participants affirmed that regulation of e-commerce companies under the LM rules was a move in the right direction for protection of consumer interest.
Participants concluded that e-commerce marketplace has to be recognized as an Intermediary under the Information Technology Act, 2000 and be exempt from any liability arising out of third party information, data or link available on the website as long as it complies with the IT Rules and Guidelines and e- commerce marketplace can be made liable under the LM Rules only in the following circumstances
1. where e-commerce marketplace selects or modifies the information contained in the transmission; or
2. it aids or abets or induces an unlawful act; or
3. it fails to remove or disable access to unlawful content on the digital platform after being notified by the appropriate authorities or upon receiving actual knowledge of the same.
The conference was organized on in the presence of Shri B.N. Dixit, Director of Legal Metrology Ministry of Consumer Affairs, Food & Public Distribution, Govt. of India and Uttar Pradesh State Legal Metrology Department. Also present were other industry leaders and state department officials.
Speaking on the occasion, Shri B.N. Dixit, Director (Legal Metrology) Ministry of Consumer Affairs, Food and Public Distribution (MoCA) said ‘’I welcome industry’s efforts in organizing and participating in these sessions which will help in effective implementation of the law and removing ambiguities in the interest of consumers.’’
Earlier this year, the LM became applicable to packaged commodities sold on e-commerce websites. As per the LM Rules, the manufacturer / seller / dealer/ importer are solely responsible and accountable for incorrect / insufficient declarations used for e-commerce transactions.