Chapter III - Appointment and Powers of Director, Controller and Legal Metrology Officers
Section 16
Section 16: Forfeiture
Section 16 makes specified seized non-standard or unverified weights or measures, and packages contravening section 18, liable to State forfeiture. Its proviso protects an unverified weight or measure if verified and stamped within the prescribed time.
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This article is for general information. Refer to the Legal Metrology Act, 2009 official text for the official provisions. If you need professional advice for your situation, contact Bizeneed.
Statutory text
Bare law
(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 the 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.
Introduction
Seizure under section 15 and forfeiture under section 16 are different steps. Specified non-standard or unverified weights or measures and section 18-contravening packages seized in trade are liable to State forfeiture.
Sections 15 and 18 are express conditions in the forfeiture text.
Key takeaways
Scope and trigger
Seizure under section 15 and forfeiture under section 16 are different steps. Specified non-standard or unverified weights or measures and section 18-contravening packages seized in trade are liable to State forfeiture.
Operational step
Check the seizure record and statutory category. For an unverified weight or measure, promptly find the prescribed time to verify and stamp it and submit the evidence; track disposal orders for goods not forfeited.
Limit
The proviso’s cure is for an unverified weight or measure, not a blanket cure for all non-standard items or misdeclared packages. Subsection (2) sends non-forfeited seized goods to prescribed disposal by the relevant authority.
Who and what it covers
Seizure under section 15 and forfeiture under section 16 are different steps. Specified non-standard or unverified weights or measures and section 18-contravening packages seized in trade are liable to State forfeiture.
Sections 15 and 18 are express conditions in the forfeiture text.
How to apply it
Check the seizure record and statutory category. For an unverified weight or measure, promptly find the prescribed time to verify and stamp it and submit the evidence; track disposal orders for goods not forfeited.
Distinguish seizure from final forfeiture, preserve the inventory, and check whether prompt verification and stamping can invoke the statutory proviso.
Boundary and exceptions
The proviso’s cure is for an unverified weight or measure, not a blanket cure for all non-standard items or misdeclared packages. Subsection (2) sends non-forfeited seized goods to prescribed disposal by the relevant authority.
Hypothetical example
Hypothetical: an unstamped retail scale is seized. The owner checks the prescribed window for verification and stamping and preserves proof of compliance for the forfeiture decision.
Practical preparation
Distinguish seizure from final forfeiture, preserve the inventory, and check whether prompt verification and stamping can invoke the statutory proviso.
Primary sources
The statutory text is drawn from the official Act copy.
Practical checklist
Do
- Distinguish a seizure under section 15 from a forfeiture decision under section 16.
- For an unverified weight or measure, check the prescribed cure period.
- Submit proof of verification and stamping and track the prescribed disposal process for non-forfeited goods.
Avoid
- Do not treat section 16 as dispensing with its stated conditions, exceptions or prescribed details.
Glossary
- Forfeiture
- Loss of property to the State under the conditions in section 16.
- Prescribed
- Set by rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Is every item seized under section 15 forfeited?
No. Subsection (2) provides for prescribed disposal of seized items not forfeited under subsection (1).
What statutory cure can prevent forfeiture of an unverified measure?
Verification and stamping within the prescribed time, as stated in the proviso to section 16(1).
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026