Chapter V - Offences and Penalties
Section 45
Section 45: penalty for manufacture of weight and measure without registration.
A manufacturer required to hold registration must not manufacture a weight or measure without valid registration. The 2026 Act replaces licence terminology and changes the consequence sequence.
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Need advice on Section 45?
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, being required to obtain a registration under this Act or the rules made thereunder, manufactures, without being in possession of a valid registration, any 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 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 maker must be required to have registration under the Act or rules and must manufacture a weight or measure without valid registration. The 2026 amendment replaces licence wording.
Section 23 creates the underlying registration framework; section 45 addresses manufacture without it. Model approval under section 22 and verification under section 24 may present additional, distinct checks.
Key takeaways
Trigger
The maker must be required to have registration under the Act or rules and must manufacture a weight or measure without valid registration. The 2026 amendment replaces licence wording.
Consequence or process
The current consequence is an improvement notice for the first offence, a second-offence penalty up to twenty thousand rupees, and a later-offence fine from two lakh to five lakh rupees, subject to applicable revision.
Important limit
Section 23 creates the underlying registration framework; section 45 addresses manufacture without it. Model approval under section 22 and verification under section 24 may present additional, distinct checks.
Who and what the section covers
The maker must be required to have registration under the Act or rules and must manufacture a weight or measure without valid registration. The 2026 amendment replaces licence wording.
Consequence and statutory process
The current consequence is an improvement notice for the first offence, a second-offence penalty up to twenty thousand rupees, and a later-offence fine from two lakh to five lakh rupees, subject to applicable revision.
Practical steps
Confirm that the registration covers the manufacturing entity and activity.
Track validity and relevant State requirements.
Keep production records and respond to any improvement notice.
Hypothetical example
A new factory checks the registration certificate before its first production run. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
Section 23 creates the underlying registration framework; section 45 addresses manufacture without it. Model approval under section 22 and verification under section 24 may present additional, distinct checks.
Official sources
Practical checklist
Do
- Confirm that the registration covers the manufacturing entity and activity.
- Track validity and relevant State requirements.
- Keep production records and respond to any improvement notice.
Avoid
- Do not begin manufacture on an expired or inapplicable registration.
- Do not treat manufacturer registration as model approval under section 22.
- Do not assume the section 23 repair proviso exempts manufacture.
Glossary
- Registration
- The current statutory authorisation terminology for a required manufacturer under section 23.
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 45?
The maker must be required to have registration under the Act or rules and must manufacture a weight or measure without valid registration. The 2026 amendment replaces licence wording.
What is the statutory consequence or process?
The current consequence is an improvement notice for the first offence, a second-offence penalty up to twenty thousand rupees, and a later-offence fine from two lakh to five lakh rupees, subject to applicable revision.
What is the key limit to check?
Section 23 creates the underlying registration framework; section 45 addresses manufacture without it. Model approval under section 22 and verification under section 24 may present additional, distinct checks.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026