Chapter V - Offences and Penalties
Section 32
Section 32: Penalty for failure to get model approved
Section 32 addresses failure or omission to submit a weight-or-measure model for approval. Read it with the section 22 duty and exceptions; the 2026 amendment changes the first and repeat-offence consequences.
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Need advice on Section 32?
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 fails or omits to submit model of any weight or measure for approval, shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to five lakh rupees and for the subsequent offences the fine shall not be less than ten lakh rupees but may extend to twenty lakh rupees.
Introduction
A section 22 exception or valid approval must be evaluated before alleging a section 32 failure. 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 32 addresses failure or omission to submit a weight-or-measure model for approval. Read it with the section 22 duty and exceptions; the 2026 amendment changes the first and repeat-offence consequences.
Operational check
Determine whether section 22 requires approval for the exact model; document any claimed proviso exception.
Important limit
A section 22 exception or valid approval must be evaluated before alleging a section 32 failure. 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 32 addresses failure or omission to submit a weight-or-measure model for approval. Read it with the section 22 duty and exceptions; the 2026 amendment changes the first and repeat-offence consequences.
Practical steps and records
Tie any alleged omission to a model that section 22 actually requires to be submitted for approval.
- Determine whether section 22 requires approval for the exact model; document any claimed proviso exception.
- Keep application, model specification, authority decision and model-change records.
- Stop manufacture or import that depends on an approval until the legal route is resolved; respond to any improvement notice.
Offence tiers and response
Enacted sequence: first offence—improvement notice; second—penalty up to five lakh rupees; subsequent—fine from ten lakh to twenty 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: An importer assumes that a foreign certificate alone suffices for a model. It checks whether the Indian prescribed authority has approved the model under section 22 before placing an order.
How to read it with related law
A section 22 exception or valid approval must be evaluated before alleging a section 32 failure. 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
- Determine whether section 22 requires approval for the exact model; document any claimed proviso exception.
- Keep application, model specification, authority decision and model-change records.
- Stop manufacture or import that depends on an approval until the legal route is resolved; respond to any improvement notice.
Avoid
- Do not allege this offence for a model covered by an applicable section 22 exception.
- Do not assume a foreign test certificate is an Indian model-approval decision.
Illustrative example
Hypothetical application of section 32
An importer assumes that a foreign certificate alone suffices for a model. It checks whether the Indian prescribed authority has approved the model under section 22 before placing an order.
Identify the duty
Section 32 addresses failure or omission to submit a weight-or-measure model for approval. Read it with the section 22 duty and exceptions; the 2026 amendment changes the first and repeat-offence consequences.
Check the evidence
Keep application, model specification, authority decision and model-change records.
Resolve the issue
Stop manufacture or import that depends on an approval until the legal route is resolved; respond to any improvement notice.
Outcome
- A section 22 exception or valid approval must be evaluated before alleging a section 32 failure. 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 authority
- The authority designated by rules to handle model approval under section 22.
- Prescribed
- Specified in rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Does foreign testing alone settle approval?
No. Section 22's second proviso gives the prescribed Indian authority the decision.
Is the amended first consequence imprisonment?
No. The 2026 substitution makes it an improvement notice; later offences have distinct monetary tiers.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026