LexThe Legal Metrology Act, 2009
Madhya Pradesh · state statute
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THE LEGAL METROLOGY ACT, 2009
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ARRANGEMENT OF SECTIONS
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CHAPTER I
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
3. Provisions of this Act to override provisions of any other law.
CHAPTER II
STANDARD WEIGHTS AND MEASURES
4. Units of weights and measures to be based on metric system.
5. Base unit of weights and measures.
6. Base unit of numeration.
7. Standard units of weights and measures.
8. Standard weight, measures or numeral.
9. Reference, secondary and working standard.
10. Use of weight or measure for particular purposes.
11. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure or
numeration.
12. Any custom, usage, etc., contrary to standard weight, measure or numeration to be void.
CHAPTER III
APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS
13. Appointment of Director, legal metrology officers and other employees.
14. Appointment of Controller, legal metrology officers and other employees.
15. Power of inspection, seizure, etc.
16. Forfeiture.
17. Manufacturers, etc., to maintain records and registers.
18. Declarations on prepackaged commodities.
19. Registration for importer of weight or measure.
20. Non-standard weights and measures not to be imported.
21. Training in Legal Metrology.
22. Approval of model.
23. Prohibition on manufacture, repair or sale of weight or measure without licence.
CHAPTER IV
VERIFICATION AND STAMPING OF WEIGHT OR MEASURE
24. Verification and stamping of weight or measure.
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CHAPTER V
OFFENCES AND PENALTIES
SECTIONS
25. Penalty for use of non-standard weight or measure.
26. Penalty for alteration of weight and measure.
27. Penalty for manufacture or sale of non-standard weight or measure.
28. Penalty for making any transaction, deal or contract in contravention of the prescribed standards.
29. Penalty for quoting or publishing, etc., of non-standard units.
30. Penalty for transactions in contravention of standard weight or measure.
31. Penalty for non-production of documents, etc.
32. Penalty for failure to get model approved.
33. Penalty for use of unverified weight or measure.
34. Penalty for sale or delivery of commodities. etc., by non-standard weight or measure.
35. Penalty for rendering services by non-standard weight, measure or number.
36. Penalty for selling, etc., of non-standard packages.
37. Penalty for contravention by Government approved Test Centre.
38. Penalty for non-registration by importer of weight or measure.
39. Penalty for import of non-standard weight or measure.
40. Penalty for obstructing Director, Controller or legal metrology officer.
41. Penalty for giving false information or false return.
42. Vexatious search.
43. Penalty for verification in contravention of Act and rules.
44. Penalty for counterfeiting of seals, etc.
45. Penalty for manufacture of weight and measure without licence.
46. Penalty for repair, sale, etc., of weight and measure without licence.
47. Penalty for tampering with licence.
48. Compounding of offences.
49. Offences by companies and power of court to publish name, place of business, etc., for
companies convicted.
50. Appeals.
51. Provisions of Indian Penal Code and Code of Criminal Procedure not to apply.
52. Power of the Central Government to make rules.
53. Power of State Government to make rules.
54. Delegation of Powers.
55. Act not to apply in certain cases.
56. Existing Director, Cont roller and legal metrology officer not to be affected by the new
qualification to be prescribed.
57. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and
Measures (Enforcement) Act, 1985.
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THE LEGAL METROLOGY ACT, 2009
ACT NO. 1 OF 2010
[13th January, 2010.]
An Act to establish and enforce standards of weights and measures, regulate trade and commerce
in weights, measures and other goods which are sold or distributed by weight, measure or
number and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Sixtieth Year of the Republic of India as follows:—
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement. —(1) This Act may be called the Legal Metrology Act,
2009.
(2) It extends to the whole of India.
(3) It shall come into force on such date 1 as the Central Government may, by notification in the
Official Gazette, appoint and different dates may be appointed for different provisions of this Act.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “Controller” means the Controller of Legal Metrology appointed under section 14;
(b) “dealer”, in relation to any weight or measure, means a person who, carries on, directly or
otherwise, the business of buying, selling, supplying or distributing any such weight or measure,
whether for cash or for deferred payment or for commission, remuneration or other valuable
consideration, and includes a commission agent, an importer, a manufacturer, who sells, supplies,
distributes or otherwise delivers any weight or measure manufactured by him to any person other than
a dealer;
(c) “Director” means the Director of Legal Metrology appointed under section 13;
(d) “export” with its grammatical variations and cognate expressions, means taking out of India to
a place outside India;
(e) “import” with its grammatical variations and cognate expressions, means bringing into In dia
from a place outside India;
(f) “label” means any written, marked, stamped, printed or graphic matter affixed to, or appearing
upon any pre-packaged commodity;
(g) “Legal Metrology ” means that part of metrology which treats units of weighment and
measurement, methods of weighment and measurement and weighing and measuring instruments, in
relation to the mandat ory technical and legal requirements which have the object of ensuring public
guarantee from the point of view of security and accuracy of the weighments and measurements;
(h) “legal metrology officer ” means Additional Director, Additional Controller, Join t Director,
Joint Controller, Deputy Director, Deputy Controller, Assistant Director, Assistant Controller and
Inspector appointed under sections 13 and 14;
(i) “manufacturer” in relation to any weight or measure, means a person who—
(i) manufactures weight or measure,
(ii) manufactures one or more parts, and acquires other parts, of such weight or measure and,
after assembling those parts, claims the end product to be a weight or measure manufactured by
himself or itself, as the case may be,
1. 1st March, 2011, vide notification No. S.O. 1(E), dated 31st December, 2010, see Gazette of India, Extraordinary,
Part II, Sec. 3(ii).
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(iii) doe s not manufacture any part of such weight or measure but assembles parts thereof
manufactured by others and claims the end product to be a weight or measure manufactured by
himself or itself, as the case may be,
(iv) puts, or causes to be put, his own mark on any complete weight or measure made or
manufactured by any other person and claims such product to be a weight or measure made or
manufactured by himself or itself, as the case may be;
(j) “notification” means a notification published in the Official Gazette;
(k) “protection” means the utilisation of reading obtained from any weight or measure, for the
purpose of determining any step which is required to be taken to safeguard the well -being of any
human being or animal, or to protect any commodity, vege tation or thing, whether individually or
collectively;
(l) “pre-packaged commodity” means a commodity which without the purchaser being present is
placed in a package of whatever nature, whether sealed or not, so that the product contained therein
has a pre-determined quantity;
(m) “person” includes,—
(i) a Hindu undivided family,
(ii) every department or office,
(iii) every organisation established or constituted by Government,
(iv) every local authority within the territory of India,
(v) a company, firm and association of individuals,
(vi) trust constituted under an Act,
(vii) every co-operative society, constituted under an Act,
(viii) every other society registered under the Societies Registration Act, 1860 (21 of 1860);
(n) “premises” includes—
(i) a place where any business, industry, production or transaction is carried on by a person,
whether by himself or through an agent, by whatever name called, including the person who
carries on the business in such premises,
(ii) a warehouse, godown or other place where any weight or measure or other goods are
stored or exhibited,
(iii) a place where any books of account or other documents pertaining to any trade or
transaction are kept,
(iv) a dwelling house, if any part thereof is used for th e purpose of carrying on any business,
industry, production or trade,
(v) a vehicle or vessel or any other mobile device, with the help of which any transaction or
business is carried on;
(o) “prescribed” means prescribed by rules made under this Act;
(p) “repairer'' means a person who repairs a weight or measure and includes a person who adjusts,
cleans, lubricates or paints any weight or measure or renders any other service to such weight or
measure to ensure that such weight or measure conforms to the st andards established by or under this
Act;
(q) “State Government”, in relation to a Union territory, means the Administrator thereof;
(r) “sale”, with its grammatical variations and cognate expressions, means transfer of property in
any weight, measure or other goods by one person to another for cash or for deferred payment or for
any other valuable consideration and includes a transfer of any weight, measure or other goods on the
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hire-purchase system or any other system of payment by instalments, but does not include a mortgage
or hypothecation of, or a charge or pledge on, such weight, measure or other goods;
(s) “seal” means a device or process by which a stamp is made, and includes any wire or other
accessory which is used for ensuring the integrity of any stamp;
(t) “stamp” means a mark, made by impressing, casting, engraving, etching, branding, affixing
pre-stressed paper seal or any other process in relation to, any weight or measure with a view to—
(i) certifying that such weight or measure conforms to the standard specified by or under this
Act, or
(ii) indicating that any mark which was previously made thereon certifying that such weight
or measure conforms to the standards specified by or under this Act, has been obliterated;
(u) “transaction” means,—
(i) any contract, whether for sale, purchase, exchange or any other purpose, or
(ii) any assessment of royalty, toll, duty or other dues, or
(iii) the assessment of any work done, wages due or services rendered;
(v) “verification”, with its grammatical variations and cognate expressions, includes, in relation to
any weight or measure, the process of comparing, checking, testing or adjusting suc h weight or
measure with a view to ensuring that such weight or measure conforms to the standards established
by or under this Act and also includes re-verification and calibration;
(w) “weight or measure” means a weight or measure specified by or under this Act and includes a
weighing or measuring instrument.
3. Provisions of this Act to override provisions of any other law.—The provisions of this Act shall
have effect notwithstanding anything inconsistent therewith contained in any enactment other than this
Act or in any instrument having effect by virtue of any enactment other than this Act.
CHAPTER II
STANDARD WEIGHTS AND MEASURES
4. Units of weights and measures to be based on metric system .—Every unit of weight or measure
shall be in accordance with the metric system based on the international system of units.
5. Base unit of weights and measures.—(1) The base unit of—
(i) length shall be the metre;
(ii) mass shall be the kilogram;
(iii) time shall be the second;
(iv) electric current shall be the ampere;
(v) thermodynamic temperature shall be the kelvin;
(vi) luminous intensity shall be the candela; and
(vii) amount of substance shall be the mole.
(2) The specifications of the base units mentioned in sub -section ( 1), derived units and other units
shall be such as may be prescribed.
6. Base unit of numeration.—(1) The base unit of numeration shall be the unit of the international
form of Indian numerals.
(2) Every numeration shall be made in accordance with the decimal system.
(3) The decimal multiples and sub -multiples of the numerals shall be of such denominations and be
written in such manner as may be prescribed.
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7. Standard units of weights and measures. —(1) The base units of weights and measures specified
in section 5 shall be the standard units of weights and measures.
(2) The base unit of numeration specified in section 6 shall be the standard unit of numeration.
(3) For the purpose of deriving the value of base, derived and other units mentioned in section 5, the
Central Government shall prepare or cause to be prepared objects or equipments in such manner as may
be prescribed.
(4) The physical characteristics, configuration, constructional details, materials, equipments,
performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be
prescribed.
8. Standard weight, measure or numeral. —(1) Any weight or measure which conforms to the
standard unit of such weight or measure and also conforms to such of the provisions of section 7 as are
applicable to it shall be the standard weight or measure.
(2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral.
(3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used
as a standard weight, measure or numeral.
(4) No weight or measure, shall be manufactured or imported unless it conforms to the standards of
weight or measure specified under section 8:
Provided that provisions of this section shall not apply for manufacture done exclusively for export or
for the purpose of any scientific investigation or research.
9. Reference, secondary and working standard.—(1) The reference standards, secondary standards
and working standards of weights and measures shall be such as may be prescribed.
(2) Every reference standard, secondary standard and working standard shall be verified and stamped
in such manner and after payment of such fee as may be prescribed.
(3) Every reference standard, secondary standard and working standard which is not veri fied and
stamped in accordance with the provisions of sub-section (2) shall not be deemed to be a valid standard.
10. Use of weight or measure for particular purposes .—Any transaction, dealing or contract in
respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as
may be prescribed.
11. Prohibition of quotation, etc., otherwise than in terms of standard units of weight, measure
or numeration.—(1) No person shall, in relation to any goods, things or service,—
(a) quote, or make announcement of, whether by word of mouth or otherwise, any price or
charge, or
(b) issue or exhibit any price list, invoice, cash memo or other document, or
(c) prepare or publish any advertisement, poster or other document, or
(d) indicate the net quantity of a pre-packaged commodity, or
(e) express in relation to any transaction or protection, any quantity or dimension, otherwise than
in accordance with the standard unit of weight, measure or numeration.
(2) The provisions of sub-section (1) shall not be applicable for export of any goods, things or service.
12. Any custom, usage, etc., contrary to standard weight, measure or numeration to be void .—
Any custom, usage, practice or method of whatever nature which permits a person to de mand, receive or
cause to be demanded or received, any quantity of article, thing or service in excess of or less than, the
quantity specified by weight, measure or number in the contract or other agreement in relation to the said
article, thing or service, shall be void.
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CHAPTER III
APPOINTMENT AND POWERS OF DIRECTOR, CONTROLLER AND LEGAL METROLOGY OFFICERS
13. Appointment of Director, legal metrology officers and other employees. —(1) The Central
Government may, by notification, appoint a Director of leg al metrology, Additional Director, Joint
Director, Deputy Director, Assistant Director and other employees for exercising the powers and
discharging the duties conferred or imposed on them by or under this Act in relation to inter -State trade
and commerce.
(2) The qualifications of the Director and legal metrology officers appointed under sub -section (1)
shall be such as may be prescribed.
(3) The Director and every legal metrology officer, appointed under sub -section ( 1), shall exercise
such powers and discharge such functions in respect of such local limits as the Central Government may,
by notification, specify.
(4) Every legal metrology officer appointed under sub-section (1) shall exercise powers and discharge
duties under the general superintendence, direction and control of the Director.
(5) The Director, the Controller and every legal metrology officer authorised to perform any duty by
or under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian
Penal Code (45 of 1860).
(6) No suit, prosecution or other legal proceeding shall lie against the Director, the Controller and
legal metrology officer authorised to perform any duty by or under this Act in respect of anything which
is in good faith done or intended to be done under this Act or any rule or order made thereunder.
(7) The Central Government may, with the consent of the State Government and subject to such
conditions, limitations and restrictions as it may specify in this behalf, delegate such of the pow ers of the
Director under this Act as it may think fit to the Controller of legal metrology in the State, and such
Controller may, if he is of opinion that it is necessary or expedient in the public interest so to do, delegate
such of the powers delegated to him as he may think fit to any legal metrology officer and where any such
delegation of powers is made by such Controller, the person to whom such powers are delegated shall
exercise those powers in the same manner and with the same effect as if they ha d been conferred on him
directly by this Act and not by way of delegation.
(8) Where any delegation of powers is made under sub -section (7), the powers so delegated shall be
exercised under the general superintendence, direction and guidance of the Director.
14. Appointment of Controller, legal metrology officers and other employees. —(1) The State
Government may, by notification, appoint a Controller of legal metrology, Additional Controller, Joint
Controller, Deputy Controller, Assistant Controller, Inspec tor and other employees for the State for
exercising the powers and discharging the duties conferred or imposed on them by or under this Act in
relation to intra State trade and commerce.
(2) The qualifications of the Controller and legal metrology officer s appointed under sub -section (1)
shall be such as may be prescribed.
(3) The Controller and every legal metrology officer, appointed under sub -section (1), shall exercise
such powers and discharge such functions in respect of such local limits as the State Government may, by
notification, specify.
(4) Every legal metrology officer appointed under sub -section ( 1) shall exercise and discharge the
duties under the general superintendence, direction and control of the Controller.
15. Power of inspection, seizu re, etc.—(1) The Director, Controller or any legal metrology officer
may, if he has any reason to believe, whether from any information given to him by any person and taken
down in writing or from personal knowledge or otherwise, that any weight or measure or other g oods in
relation to which any trade and commerce has taken place or is intended to take place and in respect of
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which an offence punishable under this Act appears to have been, or is likely to be, committed are either
kept or concealed in any premises or are in the course of transportation,—
(a) enter at any reasonable time into any such premises and search for and inspe ct any weight,
measure or other goods in relation to which trade and commerce has taken place, or is intended to
take place and any record, register or other document relating thereto;
(b) seize any weight, measure or other goods and any record, register or other document or article
which he has reason to believe may furnish evidence indicating that an offence punishable under this
Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce.
(2) The Director, Cont roller or any legal metrology officer may also require the production of every
document or other record relating to the weight or measure referred to in sub -section (1) and the person
having the custody of such weight or measure shall comply with such requisition.
(3) Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director,
Controller or legal metrology officer may dispose of such goods in such manner as may be prescribed.
(4) Every search or seizure made under this section shall be carried out in accordance with the
provisions of the Code of Criminal Procedure, 1973 (2 of 1974), relating to searches and seizures.
16. Forfeiture.—(1) Every non-standard or unverified weight or measure, and every package made in
contravention of section 18, used in the course of, or in relation to, any trade and commerce and seized
under section 15, shall be liable to be forfeited to the State Government:
Provided that such unverified weight or measure shall not be forfeited to t he State Government if the
person from whom such weight or measure was seized gets the same verified and stamped within such
time as may be prescribed.
(2) Every weight, measure or other goods seized under section 15 but not forfeited under
sub-section (1), shall be disposed of by such authority and in such manner as may be prescribed.
17. Manufacturers, etc., to maintain records and registers .—(1) Every manufacturer, repairer or
dealer of weight or measure shall maintain such records and registers as may be prescribed.
(2) The records and registers maintained under sub -section ( 1) shall be produced at the time of
inspection to the persons authorised for the said purpose under sub-section (1) of section 15.
18. Declarations on pre -packaged comm odities.—(1) No person shall manufacture, pack, sell,
import, distribute, deliver, offer, expose or possess for sale any pre -packaged commodity unless such
package is in such standard quantities or number and bears thereon such declarations and particulars in
such manner as may be prescribed.
(2) Any advertisement mentioning the retail sale price of a pre -packaged commodity shall contain a
declaration as to the net quantity or number of the commodity contained in the package in such form and
manner as may be prescribed.
19. Registration for importer of weight or measure. —No person shall import any weight or
measure unless he is registered with the Director in such manner and on payment of such fees, as may be
prescribed.
20. Non -standard weights and measures not to be imported .—No weight or measure, whether
singly or as a part or component of any machine shall be imported unless it conforms to the standards of
weight or measure established by or under this Act.
21. Training in Legal Metrology. —(1) For imparting training in Legal Metrology and other allied
branches of knowledge the “Indian Institute of Legal Metrology ” (hereinafter referred to as the
“Institute”) established under the provisions of the Standards of Weights and Measures Act, 1976
(60 of 1976), shall be deemed to have been established under the corresponding provisions of this Act.
(2) The management and control of the Institute, the teaching staff and other employees, the courses
and curricula for training thereat, the qualifications, which a person shall possess in order to be eligible
for admission thereto shall be such as may be prescribed.
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22. Approval of model. —Every person, before manufacturing or importing any weight or measure
shall seek the approval of mode l of such weight or measure in such manner, on payment of such fee and
from such authority as may be prescribed:
Provided that such approval of model may not be required in respect of any cast iron, brass, bullion,
or carat weight or any beam scale, length measures (not being measuring tapes) which are ordinarily used
in retail trade for measuring textiles or timber, capacity measures, not exceeding twenty litre in capacity,
which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors:
Provided further that the prescribed authority may, if he is satisfied that the model of any weight or
measure which has been approved in a country outside India conforms to the standards established by or
under this Act, approve such model without any test or after such test as he may deem fit.
23. Prohibition on manufacture, repair or sale of weight or measure without licence. —(1) No
person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or
measure unless he holds a licence issued by the Controller under sub-section (2):
Provided that no licence to repair shall be required by a manufacturer for repair of his own weight or
measure in a State other than the State of manufacture of the same.
(2) For the purpose of sub-section (1), the Controller shall issue a licence in such form and manner,
on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be
prescribed.
CHAPTER IV
VERIFICATION AND STAMPING OF WEIGHT OR MEASURE
24. Verification and stamping of weight or measure .—(1) Every person having any weight or
measure in his possession, custody or control in circumstances indicating that such weight or measure is
being, or is intended or is likely to be, used by him in any transaction or for protection, shall, before
putting such weight or measure into such use, have such weight or measure verified at such place and
during such hours as the Controller may, by general or special order, specify in this behalf, on payment of
such fees as may be prescribed.
(2) The Central Government may prescribe the kinds of weights and measures for which the
verification is to be done through the Government approved Test Centre.
(3) The Government approved Test Centre shall be notified by the Central Government or the State
Government, as the case may be, in such manner, on such terms and conditions and on payment of such
fee as may be prescribed.
(4) The Government approved Test Centre shall appoint or engage persons having such qualifications
and experience and collect such fee on such terms and conditions for the verification of weights and
measures specified under sub-section (2) as may be prescribed.
CHAPTER V
OFFENCES AND PENALTIES
25. Penalty for use of non -standard weight or measure.—Whoever uses or keeps for use any
weight or measure or makes use of any numeration otherwise than in accordance with the standards of
weight or measure or the standard of numeration, as the case may be, specified by or under this Act, shall
be punished with fine which may extend to twenty-five thousand rupees and for the second or subsequent
offence, with imprisonment for a term which may extend to six months and also with fine.
26. Penalty for alteration of weight and measure .—Whoever tampers with , or alters in any way,
any reference standard, secondary standard or working standard or increases or decreases or alters any
weight or measure with a view to deceiving any person or knowing or having reason to believe that any
person is likely to be dece ived thereby, except where such alteration is made for the correction of any
error noticed therein on verification, shall be punished with fine which may extend to fifty thousand
rupees and for the second and subsequent offence with imprisonment for a term which shall not be less
than six months but which may extend to one year or with fine or with both.
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27. Penalty for manufacture or sale of non -standard weight or measure .—Every person who
manufactures or causes to be manufactured or sells or offers, expos es or possesses for sale, any weight or
measure which,—
(a) does not conform to the standards of weight or measure specified by or under this Act; or
(b) which bears thereon any inscription of weight, measure or number which does not conform to
the standards of weight, measure or numeration specified by or under this Act, except where he is
permitted to do so under this Act, shall be punished with a fine which may extend to twenty thousand
rupees and for the second or subsequent offence with imprison ment for a term which may extend to
three years or with fine or with both.
28. Penalty for making any transaction, deal or contract in contravention of the prescribed
standards.—Whoever makes any transaction, deal or contract in contravention of the standa rds of
weights and measures specified under section 10 shall be punished with fine which may extend to ten
thousand rupees and for the second or subsequent offence, with imprisonment for a term which may
extend to one year, or with fine, or with both.
29. Penalty for quoting or publishing, etc., of non -standard units.—Whoever violates section 11
shall be punished with fine which may extend to ten thousand rupees and, for the second or subsequent
offence, with imprisonment for a term which may extend to one year, or with fine, or with both.
30. Penalty for transactions in contravention of standard weight or measure.—Whoever—
(a) in selling any article or thing by weight, measure or number, delivers or causes to be delivered
to the purchaser any quantity or nu mber of that article or thing less than the quantity or number
contracted for or paid for; or
(b) in rendering any service by weight, measure or number, renders that service less than the
service contracted for or paid for; or
(c) in buying any article or thing by weight, measure or number, fraudulently receives, or causes
to be received any quantity or number of that article or thing in excess of the quantity or number
contracted for or paid for; or
(d) in obtaining any service by weight, measure or number , obtains that service in excess of the
service contracted for or paid for,
shall be punished with fine which may extend to ten thousand rupees, and, for the second or subsequent
offence, with imprisonment for a term which may extend to one year, or with fine, or with both.
31. Penalty for non-production of documents, etc.—Whoever, being required by or under this Act
or the rules made thereunder to submit returns, maintain any record or register, or being required by the
Director or the Controller or any legal metrology officer to produce before him for inspection any weight
or measu re or any document, register or other record relating thereto, omits or fails without any
reasonable excuse, so to do, shall be punished with fine which may extend to five thousand rupees and for
the second or subsequent offence, with imprisonment for a te rm which may extend to one year and also
with fine.
32. Penalty for failure to get model approved .—Whoever fails or omits to submit model of any
weight or measure for approval, shall be punished with fine which may extend to twenty thousand rupees
and for the second or subsequent offence, with imprisonment for a term which may extend to one year
and also with fine.
33. Penalty for use of unverified weight or measure .—Whoever, sells, distributes, delivers or
otherwise transfers or uses any unverified weight or measure shall be punished with fine which shall not
be less than two thousand rupees but which may extend to ten thousand rupees and, for the second or
subsequent offence, with imprisonment for a term which may extend to one year and also with fine.
34. Penalty for sale or delivery of commodities, etc., by non -standard weight or measure .—
Whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by
any means other than the standard weight or measure or numbe r, shall be punished with fine which shall
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not be less than two thousand rupees but which may extend to five thousand rupees and, for the second or
subsequent offence, with imprisonment for a term which shall not be less than three months but which
may extend to one year, or with fine, or with both.
35. Penalty for rendering services by non -standard weight, measure or number .—Whoever
renders or causes to be rendered, any service through means other than the weight or measure or
numeration or in terms of any weight, measure or number other than the standard weight or measure, shall
be punished with fine which shall not be less than two thousand rupees but which may extend to five
thousand rupees and for the second or subsequent offence, with imprisonment for a term which shall not
be less than three months but which may extend to one year, or with fine, or with both.
36. Penalty for selling, etc., of non -standard packages .—(1) Whoever manufactures, packs,
imports, sells, distributes, delivers or otherwise tran sfers, offers, exposes or possesses for sale, or causes
to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any pre -packaged
commodity which does not conform to the declarations on the package as provided in this Act, sha ll be
punished with fine which may extend to twenty -five thousand rupees, for the second offence, with fine
which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not be
less than fifty thousand rupees but which may extend to one lakh rupees or with imprisonment for a term
which may extend to one year or with both.
(2) Whoever manufactures or packs or imports or causes to be manufactured or packed or imported,
any pre-packaged commodity, with error in net quantity as may be prescribed shall be punished with fine
which shall not be less than ten thousand rupees but which may extend to fifty thousand rupees and for
the second and subsequent offence, with fine which may extend to one lakh rupees or with imprisonment
for a term which may extend to one year or with both.
37. Penalty for contravention by Government approved Test Centre .—(1) Where any
Government approved Test Centre contravenes any of the provisions of this Act or the rules made
thereunder, or the conditions of the licence, it shall be punished with fine which may extend to one lakh
rupees.
(2) Where any owner or employee of a Gove rnment Approved Test Centre performing duties in
accordance with the provisions of this Act or the rules made thereunder, wilfully verifies or stamps any
weight or measure in contravention of the provisions of this Act or the rules made thereunder, he shall, for
every such contravention, be punishable with imprisonment for a term which may extend to one year or
with fine which may extend to ten thousand rupees or with both.
38. Penalty for non -registration by importer of weight or measure .—Whoever imports a ny
weight or measure without being registered under this Act shall be punished with fine which may extend
to twenty-five thousand rupees and for the second or subsequent offence, with imprisonment for a term
which may extend to six months, or with fine, or with both.
39. Penalty for import of non -standard weight or measure .—Whoever imports any non -standard
weight or measure shall be punished with fine, which may extend to fifty thousand rupees and for the
second or subsequent offence, with imprisonment for a term which may extend to one year and also with
fine.
40. Penalty for obstructing Director, Controller or legal metrology officer .—Whoever obstructs
the Director, the Controller or any legal metrology officer with intent to prevent or deter the Director or
the Controller or any legal metrology officer from exercising his powers or discharging his functions, or
in consequence of anything done or attempted to be done by the Director or the Controller or any legal
metrology officer in the lawful exercise of his powers or discharge of his functions as such, or whoever
obstructs the entry of the Director or the Controller or any legal metrology officer into any premises for
inspection and verification of any weight or measure or any document or record relating thereto or the net
contents of any packaged commodity or for any other purpose shall be punished with imprisonment for a
term which may extend to two years and for the second or subsequent offence, with imprisonment for a
term which may extend to five years.
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41. Penalty for giving false information or false return .—(1) Whoever gives any information to
the Director, the Controller or any legal metrology officer, which he may require or ask for in the course
of his duty, and which such person either knows or has reason to believe to be false, shall be punished
with fine which may extend to five thousand rupees and for the second or subsequent offence with
imprisonment for a term which may extend to six months and also with fine.
(2) Whoever, being required by or under this Act so to do, submits a return or maintains any record or
register which is false in material particulars, shall be punished with fine which may extend to five
thousand rupees and for the second or subsequent offence, with imprisonment for a term which may
extend to one year and also with fine.
42. Vexatious search .—The Director, the Controller or any legal metrology officer, exercising
powers under this Act or any rule made thereunder, who knows that there are no reasonable grounds for
so doing, and yet—
(a) searches, or causes to be searched, any house, conveyance or place; or
(b) searches any person; or
(c) seizes any weight, measure or other movable property;
shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or
with fine which may extend to ten thousand rupees or with both.
43. Penalty for verification in contravention of Act and rules .—Where the Controller or any legal
metrology officer exercising powers under this Act or any rule made thereunder, wilfully verifies or
stamps any weight or measure, in contravention of the provisions of this Act or of any rule made
thereunder, he shall, for every such offence, be punished with imprisonment for a term which may extend
to one year, or with fine which may extend to ten thousand rupees or with both.
44. Penalty for counterfeiting of seals, etc.—(1) Whoever—
(i) counterfeits any seal specified by or under this Act or the rules made thereunder, or
(ii) sells or otherwise disposes of any counterfeit seal, or
(iii) possesses any counterfeit seal, or
(iv) counterfeits or removes or tampers with any stamp, specified by or under this A ct or rules
made thereunder, or
(v) affixes the stamp so removed on, or inserts the same into, any other weight or measure,
shall be punished with imprisonment for a term which shall not be less than six months but which may
extend to one year and for the second or subsequent offence, with imprison ment for a term which shall
not be less than six months but which may extend to five years.
Explanation.—In this sub-section, “counterfeit” shall have the meaning assigned to it in section 28 of
the Indian Penal Code (45 of 1860).
(2) Whoever obtains, by u nlawful means, any seal specified by or under this Act or the rules made
thereunder and uses, or causes to be used, any such seal for making any stamp on any weight or measure
with a view to representing that the stamp made by such seal is authorised by or under this Act or the
rules made thereunder shall be punished with imprisonment for a term which shall not be less than six
months but which may extend to one year and for the second or subsequent offence, with imprisonment
for a term which shall not be less than six months but which may extend to five years.
(3) Whoever, being in lawful possession of a seal specified by or under this Act or the rules made
thereunder, uses, or causes to be used, such seal without any lawful authority for such use, shall be
punished with imprisonment for a term which shall not be less than six months but which may extend to
one year and for the second or subsequent offence, with imprisonment for a term which shall not be less
than six months but which may extend to five years.
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(4) Whoever sells or offers or exposes for sale or otherwise disposes of any weight or measure which,
he knows or has reason to believe, bears thereon a counterfeit stamp, shall be punished with imprisonment
for a term which shall not be less than six months but which may extend to one year and for the second or
subsequent offence, with imprisonment for a term which shall not be less than six months but which may
extend to five years.
45. Penalty for manufacture of weight and measure without licence.—Whoever, being required to
obtain a licence under this Act or the rules made thereunder, manufactures, without being in possession of
a valid licence, any weight or measure, shall be punished with fine which may extend to twenty thousand
rupees and for the se cond or subsequent offence, with imprisonment for a term which may extend to one
year, or with fine, or with both.
46. Penalty for repair, sale, etc., of weight and measure without licence .—Whoever, being
required to obtain a licence under this Act or the rules made thereunder repairs or sells or offers, exposes
or possesses for repair or sale, any weight or measure, without being in possession of a valid licence, shall
be punished with fine which may extend to five thousand rupees and for the second or sub sequent
offence, with imprisonment for a term which may extend to one year, or with fine, or with both.
47. Penalty for tampering with licence .—Whoever alters or otherwise tampers, with any licence
issued or renewed under this Act or rules made thereunder, otherwise than in accordance with any
authorisation made by the Controller in this behalf, shall be punished with fine which may extend to
twenty thousand rupees, or with imprisonment for a term which may extend to one year or with both.
48. Compounding o f offences .—(1) Any offence punishable under section 25, sections 27 to 39,
sections 45 to 47, or any rule made under sub -section ( 3) of section 52 may, either before or after the
institution of the prosecution, be compounded, on payment for credit to the Government of such sum as
may be prescribed.
(2) The Director or legal metrology officer as may be specially authorised by him in this behalf, may
compound offences punishable under section 25, sections 27 to 39, or any rule made under sub-section (3)
of section 52.
(3) The Controller or legal metrology officer specially authorised by him, may compound offences
punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 to 47, and any rule made
under sub-section (3) of section 52:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine, which may be
imposed under this Act for the offence so compounded.
(4) Nothing in sub-section (1) shall apply to person who commits the same or similar offence, within
a period of three years from the date on which the first offence, committed by him, was compounded.
Explanation.—For the purposes of this sub -section, any second or subsequent offence committed
after the expiry of a period of three years from the date on which the offence was previously
compounded, shall be deemed to be a first offence.
(5) Where an offence has been com pounded under sub -section ( 1), no proceeding or further
proceeding, as the case may be, shall be taken against the offender in respect of the offence so
compounded.
(6) No offence under this Act shall be compounded except as provided by this section.
49. O ffences by companies and power of court to publish name, place of business , etc., for
companies convicted.—(1) Where an offence under this Act has been committed by a company,—
(a) (i) the person, Excerpt shown. Open the full act in Lexace.