Chapter V - Offences and Penalties
Section 53
Section 53: power of State Government to make rules.
State Governments may make enforcement rules after consultation with the Centre and previous publication. The 2026 Act changes registration-certificate wording and the breach consequence.
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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) The State Government may, by notification, and after consultation with the Central Government, make rules to carry out the provisions of this Act.
(2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:— (a) the time within which the weight or measure may be got verified under proviso to sub-section (1) of section 16; (b) registers and records to be maintained by persons referred to under sub-section (1) of section 17; (c) the form, manner, conditions, period, area of jurisdiction and fees for issuance of registration certificate under sub-section (2) of section 23; (d) fee for verification and stamping of any weight or measure under sub-section (1) of section 24; (e) manner of notifying Government approved Test Centre, terms and conditions and fee to be paid under sub-section (3) of section 24; (f) fee for compounding of offences under sub-section (1) of section 48.
(3) In making any rule under this section, the State Government may provide that a breach thereof shall liable to penalty which may extend to one lakh rupees and suspension, or as the case may be, revocation.
(4) The power to make rules under this section shall be subject to the condition of the rules being made after previous publication in Official Gazette.
(5) Every rule made under this section shall, as soon as may be after it is made, be laid before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House.
Introduction
The State Government may make rules after consulting the Centre, with previous publication. Listed topics include time for verification, registers, registration certificates under section 23, verification fees, test-centre procedure and compounding fees.
The Gazette substitution literally reads “shall liable”; preserve it as printed. State rules vary by State and can be replaced or amended; do not present a model draft or another State’s rule as binding locally.
Key takeaways
Trigger
The State Government may make rules after consulting the Centre, with previous publication. Listed topics include time for verification, registers, registration certificates under section 23, verification fees, test-centre procedure and compounding fees.
Consequence or process
The 2026 amendment changes the rule-breach consequence in subsection (3) to penalty up to one lakh rupees and suspension or revocation. Subsection (5) provides for laying before the State legislature.
Important limit
The Gazette substitution literally reads “shall liable”; preserve it as printed. State rules vary by State and can be replaced or amended; do not present a model draft or another State’s rule as binding locally.
Who and what the section covers
The State Government may make rules after consulting the Centre, with previous publication. Listed topics include time for verification, registers, registration certificates under section 23, verification fees, test-centre procedure and compounding fees.
Consequence and statutory process
The 2026 amendment changes the rule-breach consequence in subsection (3) to penalty up to one lakh rupees and suspension or revocation. Subsection (5) provides for laying before the State legislature.
Practical steps
Identify the State where the activity occurs.
Check its current notified rules and fees.
Track State-specific certificates and verification procedures.
Hypothetical example
A repair business entering another State checks that State’s enforcement rules and registration process. This is an illustration, not a statement of a decided case or an automatic exemption.
Cross references and limits
The Gazette substitution literally reads “shall liable”; preserve it as printed. State rules vary by State and can be replaced or amended; do not present a model draft or another State’s rule as binding locally.
Official sources
Practical checklist
Do
- Identify the State where the activity occurs.
- Check its current notified rules and fees.
- Track State-specific certificates and verification procedures.
Avoid
- Do not treat model draft enforcement rules or another State’s rules as binding in the relevant State.
- Do not use the former licence wording where the 2026 amendment specifies registration certificate in subsection (2)(c).
- Do not silently rewrite the State-rule penalty phrase “shall liable” or infer a suspension procedure absent the applicable rule.
Glossary
- Previous publication
- Publication before State rules are made, as required by subsection (4).
- Prescribed
- Set by applicable rules made under the Act.
Frequently asked questions
What triggers section 53?
The State Government may make rules after consulting the Centre, with previous publication. Listed topics include time for verification, registers, registration certificates under section 23, verification fees, test-centre procedure and compounding fees.
What is the statutory consequence or process?
The 2026 amendment changes the rule-breach consequence in subsection (3) to penalty up to one lakh rupees and suspension or revocation. Subsection (5) provides for laying before the State legislature.
What is the key limit to check?
The Gazette substitution literally reads “shall liable”; preserve it as printed. State rules vary by State and can be replaced or amended; do not present a model draft or another State’s rule as binding locally.
Need help applying this provision to your situation?
Contact BizeneedLast updated 10 October 2026