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Chapter V - Offences and Penalties

Section 31

Section 31: Penalty for non-production of documents and records

The section covers failure without reasonable excuse to submit returns, maintain required records or registers, or produce requested instruments and related records for inspection. The 2026 substitution introduces a first-offence improvement notice.

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Need advice on Section 31?

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.

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Statutory text

Bare law

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 measure or any document, register or other record relating thereto, omits or fails without any reasonable excuse, so to do, shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to twenty-five thousand rupees and for the subsequent offences the fine shall not be fifty thousand rupees but may extend to one lakh rupees.

Introduction

The Gazette's 2026 replacement contains awkward wording for the later fine tier ('shall not be fifty thousand'); preserve the exact enacted text and do not infer a corrected minimum. 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

1

Core rule

The section covers failure without reasonable excuse to submit returns, maintain required records or registers, or produce requested instruments and related records for inspection. The 2026 substitution introduces a first-offence improvement notice.

2

Operational check

Map each return and register to the current rule that actually requires it, including any State enforcement rule.

3

Important limit

The Gazette's 2026 replacement contains awkward wording for the later fine tier ('shall not be fifty thousand'); preserve the exact enacted text and do not infer a corrected minimum. 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

The section covers failure without reasonable excuse to submit returns, maintain required records or registers, or produce requested instruments and related records for inspection. The 2026 substitution introduces a first-offence improvement notice.

Practical steps and records

Pinpoint the return, register or production request and any reasonable excuse before classifying a failure.

  • Map each return and register to the current rule that actually requires it, including any State enforcement rule.
  • Keep instruments and related certificates, registers and documents retrievable for a lawful inspection request.
  • Respond to a notice with the requested records or a documented reasonable excuse; preserve service and response dates.

Offence tiers and response

Enacted sequence: first offence—improvement notice; second—penalty up to twenty-five thousand rupees. The later-tier phrase in the 2026 Gazette reads 'fine shall not be fifty thousand rupees but may extend to one lakh rupees'; the draft does not supply a corrected lower bound.

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: An inspector asks a dealer for the register required by applicable rules. The dealer locates the register and provides it, rather than assuming section 31 requires every possible business record.

How to read it with related law

The Gazette's 2026 replacement contains awkward wording for the later fine tier ('shall not be fifty thousand'); preserve the exact enacted text and do not infer a corrected minimum. 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

  • Map each return and register to the current rule that actually requires it, including any State enforcement rule.
  • Keep instruments and related certificates, registers and documents retrievable for a lawful inspection request.
  • Respond to a notice with the requested records or a documented reasonable excuse; preserve service and response dates.

Avoid

  • Do not demand or expect every business document without connecting the request to this provision.
  • Do not silently correct the 2026 Gazette's unusual later-tier fine wording in the bare law.

Illustrative example

Hypothetical application of section 31

An inspector asks a dealer for the register required by applicable rules. The dealer locates the register and provides it, rather than assuming section 31 requires every possible business record.

  1. Identify the duty

    The section covers failure without reasonable excuse to submit returns, maintain required records or registers, or produce requested instruments and related records for inspection. The 2026 substitution introduces a first-offence improvement notice.

  2. Check the evidence

    Keep instruments and related certificates, registers and documents retrievable for a lawful inspection request.

  3. Resolve the issue

    Respond to a notice with the requested records or a documented reasonable excuse; preserve service and response dates.

Outcome

  • The Gazette's 2026 replacement contains awkward wording for the later fine tier ('shall not be fifty thousand'); preserve the exact enacted text and do not infer a corrected minimum. 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

Reasonable excuse
The statutory qualifier to the failure described in section 31; its application depends on facts.
Prescribed
Specified in rules made under the Legal Metrology Act, 2009.

Frequently asked questions

Can an officer demand unrelated documents under this section?

The text concerns specified returns and records and production of a weight or measure or document, register or other record relating thereto.

Does an omitted return count only when an officer asks for it?

No. The section also covers omission or failure to submit returns or maintain records or registers required by the Act or rules, without reasonable excuse.

Need help applying this provision to your situation?

Contact Bizeneed

Last updated 10 October 2026