Chapter V - Offences and Penalties
Section 50
Section 50: appeals.
Section 50 maps appeals by decision-maker and underlying provision. The 2026 change expands the recipient for a Controller’s decision under delegated Director powers.
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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) Subject to the provisions of sub-section (2), an appeal shall lie,— (a) from every decision or order under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52 by the legal metrology officer appointed under section 13, to the Director; (b) from every decision or order made by the Director of Legal Metrology under sections 15 to 20, section 22, section 25, sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52, to the Central Government or any officer specially authorised in this behalf by that Government; (c) from every decision given by the Controller of Legal Metrology under delegated powers of Director Legal Metrology to the Central Government or any officer not below the rank of Joint Secretary specially authorised in this behalf by that Government; (d) from every decision given or order made under sections 15 to 18, sections 23 to 25, sections 27 to 37, sections 45 to 47 or any rule made under sub-section (3) of section 53 by any legal metrology officer appointed under section 14, to the Controller; and (e) from every decision given or order made by the Controller under sections 15 to 18, sections 23 to 25, sections 27 to 37, sections 45 to 47 or any rule made under sub-section (3) of section 53 not being an order made in appeal under clause (d), to the State Government or any officer specially authorised in this behalf by that Government.
(2) Every such appeal shall be preferred within sixty days from the date on which the impugned order was made: Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days.
(3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal, a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the decision or order appealed against or may send back the case with such direction as it may think fit for a fresh decision or order after taking additional evidence, if necessary.
(4) Every appeal shall be preferred on payment of such fees, as may be prescribed.
(5) The Central Government or the State Government, as the case may be, may on its own motion or otherwise, call for and examine the record of any proceeding including a proceeding in appeal in which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such orders thereon as it may think fit: Provided that no decision or order shall be varied under this sub-section so as to prejudicially affect any person unless such person has been given a reasonable opportunity of showing cause against the proposed action.
Introduction
Identify the decision-maker and statutory provision. Clause (a) sends specified central-officer orders to the Director; (b) sends Director orders to the Central Government or authorised officer; (c) sends a Controller decision under delegated Director powers to the Central Government or, after the 2026 amendment, a specially authorised officer of at least Joint Secretary rank. Clauses (d) and (e) cover State-officer and Controller decisions.
There is no single appeal recipient for all legal-metrology orders. The statutory route depends on appointment under section 13 or 14, delegated powers and whether the Controller acted originally or on appeal.
Key takeaways
Trigger
Identify the decision-maker and statutory provision. Clause (a) sends specified central-officer orders to the Director; (b) sends Director orders to the Central Government or authorised officer; (c) sends a Controller decision under delegated Director powers to the Central Government or, after the 2026 amendment, a specially authorised officer of at least Joint Secretary rank. Clauses (d) and (e) cover State-officer and Controller decisions.
Consequence or process
An appeal is due within sixty days of the order; sufficient cause may permit a further sixty days. The appellate authority hears parties and may confirm, modify, reverse or remit for fresh decision. Prescribed fees apply. Central or State Government may examine the record under subsection (5), subject to hearing before prejudicial variation.
Important limit
There is no single appeal recipient for all legal-metrology orders. The statutory route depends on appointment under section 13 or 14, delegated powers and whether the Controller acted originally or on appeal.
Who and what the section covers
Identify the decision-maker and statutory provision. Clause (a) sends specified central-officer orders to the Director; (b) sends Director orders to the Central Government or authorised officer; (c) sends a Controller decision under delegated Director powers to the Central Government or, after the 2026 amendment, a specially authorised officer of at least Joint Secretary rank. Clauses (d) and (e) cover State-officer and Controller decisions.
Consequence and statutory process
An appeal is due within sixty days of the order; sufficient cause may permit a further sixty days. The appellate authority hears parties and may confirm, modify, reverse or remit for fresh decision. Prescribed fees apply. Central or State Government may examine the record under subsection (5), subject to hearing before prejudicial variation.
Practical steps
Classify the order under the correct clause of subsection (1).
Calendar the sixty-day period and any permitted further period.
Pay prescribed fee and assemble grounds and evidence.
Hypothetical example
After an order, counsel identifies whether the maker was a central officer, the Director, a State officer or a Controller before filing. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
There is no single appeal recipient for all legal-metrology orders. The statutory route depends on appointment under section 13 or 14, delegated powers and whether the Controller acted originally or on appeal.
Official sources
Practical checklist
Do
- Classify the order under the correct clause of subsection (1).
- Calendar the sixty-day period and any permitted further period.
- Pay prescribed fee and assemble grounds and evidence.
Avoid
- Do not file every appeal with the same authority; identify the decision-maker and clause (a)–(e).
- Do not assume the possible further sixty days is automatic without sufficient cause.
- Do not use clause (c)’s Joint Secretary route for an unrelated Controller decision.
Glossary
- Appellate authority
- The recipient specified by section 50 for the particular decision-maker and order.
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 50?
Identify the decision-maker and statutory provision. Clause (a) sends specified central-officer orders to the Director; (b) sends Director orders to the Central Government or authorised officer; (c) sends a Controller decision under delegated Director powers to the Central Government or, after the 2026 amendment, a specially authorised officer of at least Joint Secretary rank. Clauses (d) and (e) cover State-officer and Controller decisions.
What is the statutory consequence or process?
An appeal is due within sixty days of the order; sufficient cause may permit a further sixty days. The appellate authority hears parties and may confirm, modify, reverse or remit for fresh decision. Prescribed fees apply. Central or State Government may examine the record under subsection (5), subject to hearing before prejudicial variation.
What is the key limit to check?
There is no single appeal recipient for all legal-metrology orders. The statutory route depends on appointment under section 13 or 14, delegated powers and whether the Controller acted originally or on appeal.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026