Background

Under the Seventh Schedule of the Constitution of India, Union List (Entry No. 50) prescribes “Establishment of standards of weights and measures” as one of the subjects on which the Union Government may legislate. Exercising this authority, the Union Government enacted the Legal Metrology Act, 2009 (“2009 Act”), which came into effect on April 1, 2011.

The 2009 Act consolidated and replaced earlier legislation in the field, namely, the Weights and Measures Act, 1956; Standards of Weights and Measures Act, 1976; and Standards of Weights and Measures (Enforcement) Act, 1985.

Metrology refers to the science of measurement. The 2009 Act defines Legal Metrology under Section 2 (g) as that part of metrology which deals with:

• units of weighment and measurement;
• methods of weighment and measurement; and
• weighing and measuring instruments,

in relation to the mandatory 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.

In other words, Legal Metrology is that branch of metrology which, with the object of ensuring public guarantee, establishes and enforces standards of weights and measures through prescribed technical and legal standards. Such standardization is essential to protect end consumers from shady, fraudulent, and deceptive practices, while ensuring transparency and uniformity.

For maintenance of legal standards, the 2009 Act prescribes specific penalties appropriated to the violators, for violations of its provisions and the rules made thereunder. This article provides an overview of the offences and prescribed penalties under Chapter V of the legislation when there is a failure to adhere to the mandatory technical and legal requirements.

Key Stakeholders

The regulation of trade and commerce in weights, measures, and other goods which are sold or distributed by weight, measure, or number forms the core of the 2009 Act. However, the primary compliance obligations fall upon the following entities, in relation to any weight or measure, to ensure adherence and avoid being entangled with potential violations:

• Dealer [Section 2(b)]: A person who carries on the business of buying, selling, supplying, or distributing weights or measures for valuable consideration, including a commission agent, an importer, and a manufacturer who sells, supplies, or distributes to any person other than a dealer.
• Manufacturer [Section 2(i)]:A person who manufactures a weight or measure, assembles parts to make one, or puts his own mark to weight or measure made by another, claiming the same to be manufactured by him.
• Repairer [Section 2(p)]:A person who repairs, adjusts, cleans, lubricates, paints, or renders any other service to such weight or measure, to ensure compliance with prescribed standards.
• Person [Section 2(m)]:Person includes, —

1. a Hindu undivided family,
2. every department or office,
3. every organisation established or constituted by Government,
4. every local authority within the territory of India,
5. a company, firm, and association of individuals,
6. trust constituted under an Act,
7. every co-operative society, constituted under an Act,
8. every other society registered under the Societies Registration Act, 1860.

(*Note: The aforementioned definitions have been abridged for the sake of brevity in this article. For full text, reference may be made to the 2009 Act itself.)

Penalties

Chapter V of the 2009 Act prescribes the penal consequences for offences relating to weights, measures, and numeration. These provisions serve as deterrents against non-compliance and compel adherence to standardization, ensuring fairness and transparency in trade and commerce. A know-how of these penalties is crucial for all ventures engaged in manufacturing, packaging, distribution, retail, or providing service. Adherence to the prescribed standard for weights, measures, or numeration is not only a legal requirement but also essential for maintaining consumer trust. The following table provides a comprehensive overview of the offences and punishments laid down under Chapter V of the 2009 Act.:

Section	Violation	Prescribed Punishment
		First Offence (– up to)	Second / Subsequent Offence (–up to)
25	Using or keeping weights or measures, or numeration that are not as per standards.	Fine – ₹1,00,000	Fine: Second – ₹2,00,000 Subsequent – ₹5,00,000
26	Tampering with any standard or altering any weight or measure with a view to deceive.	Fine – ₹50,000	Imprisonment: 6 months – 1 year OR fine OR both
27	Manufacturing or selling, or possessing for sale any weight or measure i. which does not conform to the standard specified by the Act; or ii. which bears non-standard inscription.	Fine – ₹1,00,000	Fine: Second – ₹2,00,000 Subsequent – ₹4,00,000
28	Making any transaction, deal, or contract in contravention of the standards prescribed under Section 10.	Fine – ₹50,000	Fine: Second – ₹1,00,000 Subsequent – ₹2,00,000
29	Quoting, publishing, etc., non-standard units (violation of Section 11).	Fine – ₹50,000	Fine: Second – ₹1,00,000 Subsequent – ₹2,00,000
30	Whoever – i. selling any article or thing by weight, measure, or numberand delivering less than the quantity or number paid for; ii. rendering any service by weight, measure, or numberand delivering less than paid for; iii. buying any article or thing by weight, measure, or number and fraudulently receiving more than paid for; iv. obtaining any service by weight, measure, or number and receiving more than paid for;	Fine – ₹10,000	Imprisonment – 1 year OR fine OR both
31	Failure to submit returns, maintain any record, or produce documents, registers, weights, or measures, as required by the Act.	Fine – ₹25,000	Fine: Second – ₹50,000 Subsequent – ₹1,00,000
32	Failure to submit model of any weight/measure for approval as required.	Fine – ₹20,000	Imprisonment – 1 year AND fine
33	Selling, distributing, delivering, or using any unverified weight or measure.	Fine: ₹2,000 – ₹10,000	Imprisonment – 1 year AND fine
34	Selling or delivering any commodity except by standard weight or measure, or number.	Fine – ₹25,000	Fine: Second – ₹50,000 Subsequent – ₹1,00,000
35	Rendering any service by non-standard weight, measure, or number.	Fine – ₹25,000	Fine: Second – ₹50,000 Subsequent – ₹1,00,000
36	(1) Manufacturing, packing, importing, selling, or distributing any pre-packaged commodity not conforming to declarations. (2) Manufacturing, packing, importing any pre-packaged commodity containing an error in net quantity.	(1) Fine – ₹25,000 (2) Fine: Min – ₹10,000 Max. – ₹50,000	(1) Fine – Second: ₹50,000 Subsequent: ₹50,000 –₹1,00,000 OR Jail – 1 yearOR both (2) Fine – ₹1,00,000 OR Imprisonment– 1 year OR both
37	(1) Contravention of the Act or the rules by a Government-approved Approved Test Centre. (2) Contravention of the Act of the rules by owner or employee of Government Approved Test Centre like unlawful verification/stamping.	(1) Fine – ₹1,00,000 (Centre) (2) Imprisonment – 1 year or fine – ₹10,000 or both (Owner/Employee)	–
38	Importing any weight or measure without registration under the Act.	Fine – ₹25,000	Imprisonment – 6 months OR fine OR both
39	Importing any non-standard weight or measure.	Fine – ₹50,000	Imprisonment – 1 year AND fine
40	Obstructing a Director, Controller, or legal metrology officer from discharging functions as specified	Jail – 2 years	Imprisonment – 5 years
41	(1) Gives false information or returns to the Director/Controller, knowing it to be false. (2) Submission of a record/register, whose material particulars are false.	(1) Fine – ₹5,000 (2) Fine – ₹5,000	(1) Imprisonment – 6 months AND fine (2) Imprisonment – 1 year AND fine
42	Vexatious search by the Director, Controller, or legal metrology officer without reasonable grounds.	Imprisonment – 1 year OR fine – ₹10,000 OR both	–
43	Unlawful verification/stamping by Controller or legal metrology officer.	Imprisonment – 1 year OR fine – ₹10,000 OR both	–
44	(1) Counterfeiting any seal or possessing or selling any counterfeit seal or tampering any stamp. (2) Obtaining unlawful seal and representing it as authorized. (3) Being in lawful possession of seal and using it without lawful authority. (4) Selling any weight or measure which bears counterfeit stamp.	Imprisonment: 6 months – 1 year [For – (1), (2), (3), (4)]	Imprisonment: 6 months – 5 years [For – (1), (2), (3), (4)]
45	Manufacturing any weight or measure without valid licence.	Fine – ₹20,000	Imprisonment – 1 year OR fine OR both
46	Repairing, selling, etc., weight or measure without valid licence.	Fine – ₹5,000	Imprisonment – 1 year OR fine OR both
47	Altering or tampering with any licence issued or renewed under this Act.	Fine – ₹20,000 OR Imprisonment – 1 year OR both	–

(*Compounding of Offences: The offences under Section 25, 27 to 39, 41, 45 to 47, and offences under any rule made in furtherance of sub-section (3) of Section 52 are compoundable in nature.)

Conclusion

The 2009 Act plays a pivotal role in safeguarding consumer interests and ensuring fairness in trade by prescribing uniform standards for weights and measures. By clearly defining the responsibilities of stakeholders and imposing stringent penalties for non-compliance, the 2009 Act strikes a balance between regulatory oversight and consumer protection. For businesses, compliance is not merely a statutory obligation but also a means of fostering credibility and consumer trust. A thorough understanding of the offences and their consequences under Chapter V of the 2009 Act is, therefore, essential for all enterprises engaged in manufacturing, packaging, distribution, retail, or service delivery. Ultimately, adherence to legal metrology standards strengthens market transparency, curbs unfair practices, and promotes a level playing field in commercial transactions.

Written by: Saksham Singh (Associate)