Rule 20 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Rule 20 says what the officer must do once the rule 19 report shows a problem at the manufacturer's or packer's premises. The answer is short: seize the sample packages, keep them safe as court evidence, and initiate action under the Act and Rules.
After the rule 19(3) report, the officer must act if (a) the corrected average is below the declared quantity, (b) more packages than column 4 of the Fifth Schedule exceed the maximum permissible error, (c) any package has an error over twice the maximum permissible error, or (d) any package lacks the required declarations. The officer must seize the sample packages, take safe custody until they are produced in court, and initiate action for violations. Disposal follows the Code of Criminal Procedure, 1973.
What rule 20 does, and what it leaves to other provisions
Rule 20 is a short procedural rule. It sets the triggers and the first steps. It does not fix a penalty: the fine or other punishment for a pre-packaged commodity that does not match its declarations comes from section 36 of the Act, and the compounding sums come from rule 32A (see rules 32 and 32A). For the Act-level penalty, see section 36.
If you have received a seizure memo or a notice following an inspection, our legal dispute resolution team can review the report and your options with you.
Two versions of rule 20 in the consolidation
The consolidated text prints the 2011 rule and then a substituted rule marked with a footnote: G.S.R. 629(E) of 23 June 2017, in force from 1 January 2018. The table compares them.
| Point | Original 2011 text | As substituted (from 1 January 2018) |
|---|---|---|
| Quantity trigger | The statistical average of the net quantity in the sample is less than the declared quantity | The corrected average net quantity is less than the declared quantity |
| Error trigger | Any sample package shows an error in deficiency greater than the maximum permissible error | More than the number in column 4 of the Fifth Schedule Table show an error in deficiency above the maximum permissible error |
| Gross-error trigger | None | Any package has an error in deficiency above twice the maximum permissible error |
| Declarations trigger | Any package without the declarations required by the Rules | Same |
| Steps | Seize samples; safe custody; initiate action | Same |
| Fresh-test proviso | No action if fresh tests are carried out under rule 19(4); action only if the error or omission is still found after them | Not printed in the substituted text |
| Disposal | Sub-rule (3): per the Code of Criminal Procedure, 1973 | Sub-rule (2): same |
The substituted rule matches the approval test in rule 19(6), so a lot that fails rule 19(6) is a lot that triggers rule 20. See rule 19 for that test.
The two steps, in the words of the rule
- Seize the packages drawn as samples and "take adequate steps for the safe custody of the seized packages until they are produced in the appropriate court as evidence".
- "Based on the evidence initiate action for violations as per the provisions of the Act and these rules."
The officers named are the Director, Controller or the Legal Metrology Officer. Rule 20 does not say which court, what notice is issued, or how long the officer has to file. Those follow from the Act (for example section 48 on compounding and cognizance) and from State practice; State rules under section 53 are not in our sources.
Seizure of five samples under rule 19(8)
Rule 19(8) adds that for non-compliance "action may be taken after seizing five representative samples of the packages as evidence" and the rest of the lot may be released once compliance is ensured by the manufacturer or packer. Rule 20 speaks of "the packages drawn by him as samples", so in practice the seized evidence is the sample drawn under the Fifth Schedule. The two rules are read together, but rule 20 itself does not mention the number five.
Disposal of seized packages
Rule 20 says disposal "shall be done in accordance with the provisions of the Code of Criminal Procedure, 1973 (2 of 1974)". The Rules cite the Code as written. From 1 July 2024 the Code of Criminal Procedure was replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023; the Rules have not been re-worded in the consolidation we hold. Check the current position before relying on a section number.
Perishable goods are handled by rule 23(2) for deceptive packages: commodities subject to speedy or natural decay are disposed of "in accordance with the rules made under the Act". Rule 20 has no such clause. For the General Rules on disposal of seized goods, see rules 22 and 23 of the General Rules.
What the Act adds: section 36 in three layers
| Layer | Section 36(1) (non-conforming declarations) | Section 36(2) (error in net quantity) |
|---|---|---|
| As enacted in 2010 | Fine up to Rs 25,000; second offence up to Rs 50,000; later offences not less than Rs 50,000 and up to Rs 1 lakh, or imprisonment up to one year, or both | Fine not less than Rs 10,000 and up to Rs 50,000; second and later offences up to Rs 1 lakh or imprisonment up to one year, or both |
| After the 2023 Act | Not amended | Not amended |
| 2026 Act (in force only when notified) | Substituted: improvement notice for the first offence; second offence penalty up to Rs 5 lakh; later offences not less than Rs 25 lakh and up to Rs 50 lakh; text extends to digital sales including e-commerce | Fine not less than Rs 10,000 and up to Rs 1 lakh; second offence up to Rs 5 lakh; third or later up to Rs 50 lakh, or imprisonment up to one year, or both |
The 2026 Act is enacted (Act 8 of 2026, assent 7 April 2026) but comes into force on dates the Central Government notifies; check the notification. Section 36(2) depends on "error in net quantity as may be prescribed", which takes us back to the First Schedule and rule 22.
Practical examples
Example 1. The data sheet for a 500 g pack shows that more packages exceed the maximum permissible error than column 4 allows. Under rule 20(1)(b) the officer seizes the packages drawn as samples, stores them and begins action. The remaining lot can be released once the manufacturer has repacked or relabelled it to comply (rule 19).
Example 2. A sample package has no declaration of the manufacturer's address. Rule 20(1)(d) treats that as a trigger even if the weights are fine.
Need help after a seizure?
Once samples have been seized, the next steps depend on the report, the declarations and the penalty route. Our legal dispute resolution service can help you review the papers, consider compounding and prepare a reply.
Key takeaways
- Rule 20 follows the rule 19 report: seize the drawn samples, keep them safe, initiate action.
- The 2017 substituted triggers: corrected average, column 4 count, twice-the-error package, missing declarations.
- The rule fixes no penalty; section 36 of the Act and rule 32A apply.
- Disposal follows the Code of Criminal Procedure, 1973 as cited; its successor from 1 July 2024 is the BNSS.
- The 2026 Jan Vishwas Act rewrites section 36 but only once notified.
- Text is as amended up to March 2022; check later amendments.
Read next
- Rule 19 of the Packaged Commodities Rules, 2011: Inspection at manufacturer or packer premises
- Rule 21 of the Packaged Commodities Rules, 2011: Inspection at wholesale or retail premises
- Section 36 of the Legal Metrology Act, 2009: Penalty for non-standard packages
- Common Legal Metrology violations and how to avoid them
Disclaimer: Based on the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended up to March 2022; check later amendments) and the Legal Metrology Act, 2009 (Act 1 of 2010) as enacted, read with the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force; it does not amend section 36) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (in force only from the date the Central Government notifies), as on 30 September 2026. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.