Chapter V - Offences and Penalties
Section 35
Section 35: Penalty for rendering services by non-standard measurement
Section 35 applies to rendering or causing a service to be rendered by a non-standard weight, measure or numeration. Its subject is measured services, and the 2026 amendment changes the first and later consequences.
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Need advice on Section 35?
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 renders or causes to be rendered, any service through means other than the weight or measure or numeration or in terms of any weight, measure or number other than the standard weight or measure, 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 less than fifty thousand rupees but may extend to one lakh rupees.
Introduction
A dispute over service quality without a non-standard measurement issue is not automatically within section 35. 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 35 applies to rendering or causing a service to be rendered by a non-standard weight, measure or numeration. Its subject is measured services, and the 2026 amendment changes the first and later consequences.
Operational check
Identify the service being priced or delivered by weight, measure or number.
Important limit
A dispute over service quality without a non-standard measurement issue is not automatically within section 35. 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 35 applies to rendering or causing a service to be rendered by a non-standard weight, measure or numeration. Its subject is measured services, and the 2026 amendment changes the first and later consequences.
Practical steps and records
Identify the measured service and the unit or numeration through which it was rendered or described.
- Identify the service being priced or delivered by weight, measure or number.
- Check the measuring instrument, billing unit and standard used to describe the service.
- Correct service schedules and staff instructions, and document compliance with any improvement notice.
Offence tiers and response
Enacted sequence: first offence—improvement notice; second—penalty up to twenty-five thousand rupees; subsequent—fine from fifty thousand to one 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 service provider charges customers by an impermissible measure of output. It changes its billing unit and verifies the associated instrument where section 24 applies.
How to read it with related law
A dispute over service quality without a non-standard measurement issue is not automatically within section 35. 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 service being priced or delivered by weight, measure or number.
- Check the measuring instrument, billing unit and standard used to describe the service.
- Correct service schedules and staff instructions, and document compliance with any improvement notice.
Avoid
- Do not apply this section to an unmeasured complaint about service quality alone.
- Do not treat a non-standard billing expression as compliant merely because the service was otherwise performed.
Illustrative example
Hypothetical application of section 35
A service provider charges customers by an impermissible measure of output. It changes its billing unit and verifies the associated instrument where section 24 applies.
Identify the duty
Section 35 applies to rendering or causing a service to be rendered by a non-standard weight, measure or numeration. Its subject is measured services, and the 2026 amendment changes the first and later consequences.
Check the evidence
Check the measuring instrument, billing unit and standard used to describe the service.
Resolve the issue
Correct service schedules and staff instructions, and document compliance with any improvement notice.
Outcome
- A dispute over service quality without a non-standard measurement issue is not automatically within section 35. 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
- Numeration
- The Act's standard system for counting or expressing number.
- Prescribed
- Specified in rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Does section 35 govern only physical goods?
No. Its text expressly concerns rendering services.
Can a person who causes a measured service to be rendered be covered?
Yes. The section names both rendering and causing a service to be rendered through non-standard measurement or numeration.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026