Chapter V - Offences and Penalties
Section 39
Section 39: penalty for import of non-standard weight or measure.
Importing a non-standard weight or measure attracts this section. Standard conformity and importer registration are separate checks.
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Need advice on Section 39?
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 non-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 fifty 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 non-standard weight or measure, regardless of whether the importer has registered. Identify the imported article and the particular standard it fails.
Section 38 concerns importer registration; section 39 concerns the standard of the imported instrument. Model approval and verification are separate requirements where applicable.
Key takeaways
Trigger
The trigger is import of a non-standard weight or measure, regardless of whether the importer has registered. Identify the imported article and the particular standard it fails.
Consequence or process
The current text uses an improvement notice first, a penalty up to fifty thousand rupees on the second offence, and a fine from two lakh to five lakh rupees on later offences, subject to applicable revision.
Important limit
Section 38 concerns importer registration; section 39 concerns the standard of the imported instrument. Model approval and verification are separate requirements where applicable.
Who and what the section covers
The trigger is import of a non-standard weight or measure, regardless of whether the importer has registered. Identify the imported article and the particular standard it fails.
Consequence and statutory process
The current text uses an improvement notice first, a penalty up to fifty thousand rupees on the second offence, and a fine from two lakh to five lakh rupees on later offences, subject to applicable revision.
Practical steps
Identify the model, intended use and applicable standard.
Keep conformity and model-approval records with import records.
Investigate any improvement notice against the exact imported unit.
Hypothetical example
An importer tests a proposed scale model against applicable standards before placing a purchase order. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
Section 38 concerns importer registration; section 39 concerns the standard of the imported instrument. Model approval and verification are separate requirements where applicable.
Official sources
Practical checklist
Do
- Identify the model, intended use and applicable standard.
- Keep conformity and model-approval records with import records.
- Investigate any improvement notice against the exact imported unit.
Avoid
- Do not assume importer registration cures a non-standard instrument.
- Do not classify a model as non-standard without identifying the applicable standard and defect.
- Do not treat the first-notice tier as an exemption from the import ban in section 20.
Glossary
- Non-standard weight or measure
- An imported weight or measure that fails an applicable standard under the Act.
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 39?
The trigger is import of a non-standard weight or measure, regardless of whether the importer has registered. Identify the imported article and the particular standard it fails.
What is the statutory consequence or process?
The current text uses an improvement notice first, a penalty up to fifty thousand rupees on the second offence, and a fine from two lakh to five lakh rupees on later offences, subject to applicable revision.
What is the key limit to check?
Section 38 concerns importer registration; section 39 concerns the standard of the imported instrument. Model approval and verification are separate requirements where applicable.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026