Chapter V - Offences and Penalties
Section 46
Section 46: penalty for repair, sale, etc., of weight and measure without registration.
A person required to be registered must not repair, sell or hold instruments for those activities without registration. State rules supply procedure and conditions.
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Need advice on Section 46?
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 repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in possession of a valid registration, shall be warned with an improvement notice and for the second offence shall be liable to penalty which may extend to 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 actor must be required to have registration and repair, sell, offer, expose or possess a weight or measure for repair or sale without it.
Check section 23 and the relevant State enforcement rules for the certificate, activity and territorial coverage. A manufacturer repairing its own instrument may fall within the proviso to section 23(1); examine its exact conditions.
Key takeaways
Trigger
The actor must be required to have registration and repair, sell, offer, expose or possess a weight or measure for repair or sale without it.
Consequence or process
The current consequence is an improvement notice first, a second-offence penalty up to five thousand rupees, and a later-offence fine from two lakh to five lakh rupees, subject to applicable revision.
Important limit
Check section 23 and the relevant State enforcement rules for the certificate, activity and territorial coverage. A manufacturer repairing its own instrument may fall within the proviso to section 23(1); examine its exact conditions.
Who and what the section covers
The actor must be required to have registration and repair, sell, offer, expose or possess a weight or measure for repair or sale without it.
Consequence and statutory process
The current consequence is an improvement notice first, a second-offence penalty up to five thousand rupees, and a later-offence fine from two lakh to five lakh rupees, subject to applicable revision.
Practical steps
Map each branch’s repair and sales activities.
Check the applicable State enforcement rules and registration certificate.
Retain job records, invoices and current registration evidence.
Hypothetical example
A service branch verifies its registration before accepting instruments for repair. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
Check section 23 and the relevant State enforcement rules for the certificate, activity and territorial coverage. A manufacturer repairing its own instrument may fall within the proviso to section 23(1); examine its exact conditions.
Official sources
Practical checklist
Do
- Map each branch’s repair and sales activities.
- Check the applicable State enforcement rules and registration certificate.
- Retain job records, invoices and current registration evidence.
Avoid
- Do not rely on a manufacturer’s own-repair proviso for an independent repair business.
- Do not assume one State’s registration covers another area without checking its terms.
- Do not hold instruments for repair or sale where registration is required but absent.
Glossary
- Repairer
- A person repairing a weight or measure, including relevant adjustment and servicing under the Act definition.
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 46?
The actor must be required to have registration and repair, sell, offer, expose or possess a weight or measure for repair or sale without it.
What is the statutory consequence or process?
The current consequence is an improvement notice first, a second-offence penalty up to five 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?
Check section 23 and the relevant State enforcement rules for the certificate, activity and territorial coverage. A manufacturer repairing its own instrument may fall within the proviso to section 23(1); examine its exact conditions.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026