Chapter V - Offences and Penalties
Section 38
Section 38: penalty for non-registration by importer of weight or measure.
An importer bringing weights or measures into India must check the registration duty before import. The 2026 amendment changes the consequence sequence to improvement notice, second-offence penalty and later-offence fine.
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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
Whoever imports any weight or measure without being registered under this Act 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 two lakh rupees but may extend to five lakh rupees.
Introduction
The trigger is import of a weight or measure by a person not registered under the Act. It is distinct from the question whether the instrument itself conforms to Indian standards under section 39.
Check the importer registration under section 19 and the applicable Central registration rules. A trading invoice or customs clearance alone is not proof of registration.
Key takeaways
Trigger
The trigger is import of a weight or measure by a person not registered under the Act. It is distinct from the question whether the instrument itself conforms to Indian standards under section 39.
Consequence or process
The current text prescribes an improvement notice for the first offence, a penalty up to twenty-five thousand rupees for the second, and a fine from two lakh to five lakh rupees for later offences. Read those statutory base figures subject to any applicable Jan Vishwas revision.
Important limit
Check the importer registration under section 19 and the applicable Central registration rules. A trading invoice or customs clearance alone is not proof of registration.
Who and what the section covers
The trigger is import of a weight or measure by a person not registered under the Act. It is distinct from the question whether the instrument itself conforms to Indian standards under section 39.
Consequence and statutory process
The current text prescribes an improvement notice for the first offence, a penalty up to twenty-five thousand rupees for the second, and a fine from two lakh to five lakh rupees for later offences. Read those statutory base figures subject to any applicable Jan Vishwas revision.
Practical steps
Confirm whether the article is a weight or measure and whether the importer is registered.
Retain import documents and registration evidence tied to the legal entity.
If a notice arrives, identify the alleged import and respond within its specified period.
Hypothetical example
Importer plans to bring a measuring instrument through a port; it checks its registration record before dispatch and keeps the certificate with the shipment. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
Check the importer registration under section 19 and the applicable Central registration rules. A trading invoice or customs clearance alone is not proof of registration.
Official sources
Practical checklist
Do
- Confirm whether the article is a weight or measure and whether the importer is registered.
- Retain import documents and registration evidence tied to the legal entity.
- If a notice arrives, identify the alleged import and respond within its specified period.
Avoid
- Do not treat customs clearance as importer registration under section 19.
- Do not confuse registration under section 38 with instrument conformity under section 39.
- Do not treat a first improvement notice as permission for a later unregistered import.
Glossary
- Importer registration
- Registration of the importer of weights or measures under section 19, distinct from standards conformity of the article.
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 38?
The trigger is import of a weight or measure by a person not registered under the Act. It is distinct from the question whether the instrument itself conforms to Indian standards under section 39.
What is the statutory consequence or process?
The current text prescribes an improvement notice for the first offence, a penalty up to twenty-five thousand rupees for the second, and a fine from two lakh to five lakh rupees for later offences. Read those statutory base figures subject to any applicable Jan Vishwas revision.
What is the key limit to check?
Check the importer registration under section 19 and the applicable Central registration rules. A trading invoice or customs clearance alone is not proof of registration.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026