Chapter V - Offences and Penalties
Section 28
Section 28: Penalty for transaction, deal or contract contrary to prescribed standards
Section 28 penalises a transaction, deal or contract contrary to standards specified under section 10. It is tied to a prescribed standard for the relevant goods, class of goods or undertaking, not every commercial disagreement about quantity.
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Need advice on Section 28?
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
Whoever makes any transaction, deal or contract in contravention of the standards of weights and measures specified under section 10 shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to fifty thousand rupees and for the subsequent offences the fine shall be not less than one lakh rupees but may extend to two lakh rupees.
Introduction
Do not infer a section 10 standard solely from a general preference for metric units; identify the applicable prescription. The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
Key takeaways
Core rule
Section 28 penalises a transaction, deal or contract contrary to standards specified under section 10. It is tied to a prescribed standard for the relevant goods, class of goods or undertaking, not every commercial disagreement about quantity.
Operational check
Identify the actual transaction or contract and the section 10 rule prescribing its weight, measure or number.
Important limit
Do not infer a section 10 standard solely from a general preference for metric units; identify the applicable prescription. The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
When this section applies
Section 28 penalises a transaction, deal or contract contrary to standards specified under section 10. It is tied to a prescribed standard for the relevant goods, class of goods or undertaking, not every commercial disagreement about quantity.
Practical steps and records
Locate the section 10 prescription for this goods class or undertaking before analysing the transaction or contract.
- Identify the actual transaction or contract and the section 10 rule prescribing its weight, measure or number.
- Compare contract wording, invoice unit and operational measurement method with that rule.
- Correct templates and training materials after a notice, retaining the rule version and contract record.
Offence tiers and response
Enacted sequence: first offence—improvement notice; second—penalty up to fifty thousand rupees; subsequent—fine from one lakh to two lakh rupees.
The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
Hypothetical example
Hypothetical: A supply contract uses a unit that conflicts with the prescribed section 10 method for that goods class. The team changes its template before further transactions.
How to read it with related law
Do not infer a section 10 standard solely from a general preference for metric units; identify the applicable prescription. The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
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 the actual transaction or contract and the section 10 rule prescribing its weight, measure or number.
- Compare contract wording, invoice unit and operational measurement method with that rule.
- Correct templates and training materials after a notice, retaining the rule version and contract record.
Avoid
- Do not infer a section 28 offence solely from a disagreement about the quantity delivered.
- Do not quote a universal sale unit without identifying the specific rule prescribed under section 10.
Illustrative example
Hypothetical application of section 28
A supply contract uses a unit that conflicts with the prescribed section 10 method for that goods class. The team changes its template before further transactions.
Identify the duty
Section 28 penalises a transaction, deal or contract contrary to standards specified under section 10. It is tied to a prescribed standard for the relevant goods, class of goods or undertaking, not every commercial disagreement about quantity.
Check the evidence
Compare contract wording, invoice unit and operational measurement method with that rule.
Resolve the issue
Correct templates and training materials after a notice, retaining the rule version and contract record.
Outcome
- Do not infer a section 10 standard solely from a general preference for metric units; identify the applicable prescription. The enacted figure in the bare law should be read with the revision clauses in the Jan Vishwas Acts and any applicable notification before calculating a current payable amount.
Glossary
- Prescribed standard
- A weight, measure or number specified through rules under section 10 for relevant transactions.
- Prescribed
- Specified in rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Does this cover every short delivery?
No. Section 30 separately addresses specified under-delivery and excess-receipt conduct.
What must be linked to the section 28 allegation?
The transaction, deal or contract must contravene standards of weights and measures specified under section 10.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026