Chapter III - Appointment and Powers of Director, Controller and Legal Metrology Officers
Section 23
Section 23: Prohibition on manufacture, repair or sale of weight or measure without registration certificate
The 2026 amendment changes this section's licence terminology to registration certificate. Manufacturing, repair and sale, including specified offers and possession for repair or sale, require the Controller-issued registration certificate under the prescribed State framework.
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Need advice on Section 23?
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) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a registration certificate issued by the Controller under sub-section (2):
Provided that no registration certificate 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 registration certificate 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.
Introduction
The first proviso is limited to a manufacturer repairing its own weight or measure in another State. It is not a blanket exemption for independent repairers.
Key takeaways
Core rule
The 2026 amendment changes this section's licence terminology to registration certificate. Manufacturing, repair and sale, including specified offers and possession for repair or sale, require the Controller-issued registration certificate under the prescribed State framework.
Operational check
Identify whether the operation is manufacture, repair or sale of a weight or measure, including an offer or stock held for that purpose.
Important limit
The first proviso is limited to a manufacturer repairing its own weight or measure in another State. It is not a blanket exemption for independent repairers.
When this section applies
The 2026 amendment changes this section's licence terminology to registration certificate. Manufacturing, repair and sale, including specified offers and possession for repair or sale, require the Controller-issued registration certificate under the prescribed State framework.
Practical steps and records
The Controller certificate must cover the actual manufacture, repair or sale activity and prescribed area, period and conditions.
- Identify whether the operation is manufacture, repair or sale of a weight or measure, including an offer or stock held for that purpose.
- Check the Controller's current registration procedure, conditions, duration, area and fee under the relevant State enforcement rules.
- Keep the certificate and scope available at each affected operation; assess the statutory cross-State own-product repair proviso separately.
Hypothetical example
Hypothetical: A repair firm opens a workshop in a second State. It checks the Controller registration there. A manufacturer repairing only its own instrument in a State other than the State of manufacture examines the specific proviso instead of assuming all repair work is exempt.
How to read it with related law
The first proviso is limited to a manufacturer repairing its own weight or measure in another State. It is not a blanket exemption for independent repairers.
Primary sources
Read the original central Act with the enacted and commenced amendments listed here. Rules made under the Act and State enforcement rules supply details where the provision says 'prescribed'.
Practical checklist
Do
- Identify whether the operation is manufacture, repair or sale of a weight or measure, including an offer or stock held for that purpose.
- Check the Controller's current registration procedure, conditions, duration, area and fee under the relevant State enforcement rules.
- Keep the certificate and scope available at each affected operation; assess the statutory cross-State own-product repair proviso separately.
Avoid
- Do not continue to describe the amended authorisation as a licence in current-law guidance.
- Do not extend the cross-State own-product repair proviso to an independent repair business.
Illustrative example
Hypothetical application of section 23
A repair firm opens a workshop in a second State. It checks the Controller registration there. A manufacturer repairing only its own instrument in a State other than the State of manufacture examines the specific proviso instead of assuming all repair work is exempt.
Identify the duty
The 2026 amendment changes this section's licence terminology to registration certificate. Manufacturing, repair and sale, including specified offers and possession for repair or sale, require the Controller-issued registration certificate under the prescribed State framework.
Check the evidence
Check the Controller's current registration procedure, conditions, duration, area and fee under the relevant State enforcement rules.
Resolve the issue
Keep the certificate and scope available at each affected operation; assess the statutory cross-State own-product repair proviso separately.
Outcome
- The first proviso is limited to a manufacturer repairing its own weight or measure in another State. It is not a blanket exemption for independent repairers.
Glossary
- Registration certificate
- The Controller-issued authorisation specified by section 23 after the 2026 substitution.
- Prescribed
- Specified in rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Does the 2026 amendment still call this a licence?
No. Schedule item 66 substitutes registration-certificate terminology in section 23.
Does possession for repair or sale matter before work or sale occurs?
Yes. Section 23(1) also covers offering, exposing or possessing a weight or measure for repair or sale without the required certificate.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026