Chapter V - Offences and Penalties
Section 37
Section 37: Penalty for contravention by Government approved Test Centre
Subsection (1) addresses a Government approved Test Centre that breaches the Act, rules or licence conditions; the 2026 change makes that consequence a penalty. Subsection (2) separately addresses an owner or employee who wilfully verifies or stamps contrary to law.
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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) Where any Government approved Test Centre contravenes any of the provisions of this Act or the rules made thereunder, or the conditions of the licence, it shall be liable to penalty which may extend to one lakh rupees.
(2) Where any owner or employee of a Government Approved Test Centre performing duties in accordance with the provisions of this Act or the rules made thereunder, wilfully verifies or stamps any weight or measure in contravention of the provisions of this Act or the rules made thereunder, he shall, for every such contravention, be punishable with imprisonment for a term which may extend to one year or with fine which may extend to ten thousand rupees or with both.
Introduction
The 2026 Act changes subsection (1), not subsection (2). Do not describe the latter's possible imprisonment as removed. 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
Subsection (1) addresses a Government approved Test Centre that breaches the Act, rules or licence conditions; the 2026 change makes that consequence a penalty. Subsection (2) separately addresses an owner or employee who wilfully verifies or stamps contrary to law.
Operational check
Maintain the centre's notified scope, approval conditions, trained staff, verification procedures and audit trail.
Important limit
The 2026 Act changes subsection (1), not subsection (2). Do not describe the latter's possible imprisonment as removed. 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
Subsection (1) addresses a Government approved Test Centre that breaches the Act, rules or licence conditions; the 2026 change makes that consequence a penalty. Subsection (2) separately addresses an owner or employee who wilfully verifies or stamps contrary to law.
Practical steps and records
Separate the centre's breach of Act, rules or certificate conditions from an individual's wilful unlawful verification or stamp.
- Maintain the centre's notified scope, approval conditions, trained staff, verification procedures and audit trail.
- If a discrepancy is found, distinguish the centre's breach from proof that a particular person wilfully verified or stamped unlawfully.
- Preserve instrument data, test results, stamps, staff authorisation and corrective-action records.
Offence tiers and response
Subsection (1) now states a penalty up to one lakh rupees for the centre. Subsection (2) retains imprisonment up to one year, fine up to ten thousand rupees, or both for a wilful contrary verification or stamp by an owner or employee.
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 test centre verifies an instrument outside its approval conditions. The centre's subsection (1) exposure is assessed separately from whether any worker wilfully made a contrary stamp under subsection (2).
How to read it with related law
The 2026 Act changes subsection (1), not subsection (2). Do not describe the latter's possible imprisonment as removed. 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
- Maintain the centre's notified scope, approval conditions, trained staff, verification procedures and audit trail.
- If a discrepancy is found, distinguish the centre's breach from proof that a particular person wilfully verified or stamped unlawfully.
- Preserve instrument data, test results, stamps, staff authorisation and corrective-action records.
Avoid
- Do not infer an employee's wilfulness solely from a centre-level breach.
- Do not apply the amended subsection (1) penalty wording to subsection (2), which retains its separate offence.
Illustrative example
Hypothetical application of section 37
A test centre verifies an instrument outside its approval conditions. The centre's subsection (1) exposure is assessed separately from whether any worker wilfully made a contrary stamp under subsection (2).
Identify the duty
Subsection (1) addresses a Government approved Test Centre that breaches the Act, rules or licence conditions; the 2026 change makes that consequence a penalty. Subsection (2) separately addresses an owner or employee who wilfully verifies or stamps contrary to law.
Check the evidence
If a discrepancy is found, distinguish the centre's breach from proof that a particular person wilfully verified or stamped unlawfully.
Resolve the issue
Preserve instrument data, test results, stamps, staff authorisation and corrective-action records.
Outcome
- The 2026 Act changes subsection (1), not subsection (2). Do not describe the latter's possible imprisonment as removed. 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
- Government approved Test Centre
- A centre notified through the section 24 framework to verify prescribed kinds of weights and measures.
- Prescribed
- Specified in rules made under the Legal Metrology Act, 2009.
Frequently asked questions
Is every centre breach a wilful employee offence?
No. Subsection (2) has its own wilfulness and actor requirements.
Who may commit the subsection (2) offence?
An owner or employee of the Government approved Test Centre who wilfully verifies or stamps contrary to the Act or rules.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026