Rules 22 and 23 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.
When an officer seizes goods, a trader wants to know two things: what happens to goods that will spoil, and whether an unverified weight can be saved from forfeiture. Rule 22 answers the first and rule 23 the second. Both fill gaps the Act leaves to the rules. If you are facing a seizure, a legal dispute resolution consultation can help you read the seizure papers against these rules.
Rule 22: goods subject to speedy or natural decay are weighed or measured on a verified instrument, the actual weight or measure is entered in a form the Director specifies, the trader's signature is taken (or that of at least two persons present if he refuses), and the goods are returned. Other goods may be retained for prosecution after notice of seizure. Rule 23: an unverified weight or measure shall not be forfeited if the person agrees to get it verified and stamped within ten days of seizure, or such extended period, and the officer must give a reasonable opportunity by returning it for that purpose only.
The Act behind the rules
Section 15 lets the Director, Controller or a legal metrology officer search and seize. Section 15(3) says goods seized that are subject to speedy or natural decay may be disposed of "in such manner as may be prescribed". Section 16 makes non-standard or unverified weights and measures, and packages made in breach of section 18, liable to forfeiture to the State Government. Its proviso says an unverified weight or measure is not forfeited if the person gets it verified and stamped "within such time as may be prescribed", and section 16(2) says other seized goods are disposed of by the authority and in the manner prescribed. Rules 22 and 23 supply those prescriptions. Section 15(3) and section 16 are not among the sections changed by the Jan Vishwas (Amendment of Provisions) Act, 2023; the Jan Vishwas (Amendment of Provisions) Act, 2026 adds sub-sections (5) to (7) to section 15, which is enacted but in force only from the date the Central Government notifies.
Rule 22: how seized goods are disposed of
Perishable goods: rule 22(1). Where goods seized under section 15(3) are subject to speedy or natural decay, "the Director or any person authorised by him or Controller and other Legal Metrology Officers in this behalf" must:
- have the goods weighed or measured on a verified weighing or measuring instrument available with him or near the place of seizure;
- enter the actual weight or measure in a form specified by the Director for the purpose;
- obtain the signature of the trader, his agent or the other person who committed the offence; and
- return the goods, after weighing or measuring, to the trader or the purchaser as the case may be.
Refusal to sign. The proviso says that if the trader, agent or other person refuses to sign, the officer "shall obtain the signature of not less than two persons present at the time of such refusal". The form is therefore a record of the actual quantity, made on the spot and witnessed.
Packages: rule 22(2). Where the seized goods are in a package that is false or does not conform to the Act or rules, and the goods are subject to speedy or natural decay, the officer may dispose of the goods in the package under the procedure in sub-rule (1).
Other goods: rule 22(3). Where the goods are not subject to speedy or natural decay, the officer "may retain the package for the purpose of prosecution under this Act after giving the trader or his agent or the other person ... a notice of such seizure."
| Goods | Rule | What happens |
|---|---|---|
| Perishable, loose | 22(1) | Weighed on a verified instrument, recorded in the Director's form, signed, returned |
| Perishable, in a false or non-conforming package | 22(2) | Same procedure applies |
| Not perishable | 22(3) | May be retained for prosecution after notice of seizure |
| Trader refuses to sign | 22 proviso | Signatures of at least two persons present |
The form itself is not described in our source: the rule says only that the Director specifies it. We do not describe its content.
What the rule does not say. It does not say how long goods may be retained under 22(3), what notice must contain, or how a seizure list is made. The Act's seizure procedure follows the Code of Criminal Procedure, 1973 on searches and seizures (section 15(4)); the Code has been replaced by the Bharatiya Nagarik Suraksha Sanhita, 2023 from 1 July 2024, but the Act's text still cites the Code as enacted.
Rule 23: ten days to verify an unverified weight
Rule 23 provides: "No unverified weight or measure, seized under sub-section (3) of Section 15, shall be forfeited if the person, from whom such weight or measure was seized, agrees to get the same verified and stamped within a period of ten days or such extended period from the date of such seizure; and for this purpose, the person making the seizure of such weight or measure shall afford a reasonable opportunity by returning such weight or measure exclusively for the verification and stamping."
Key elements:
- Which weights: unverified weights or measures. A non-standard weight is not saved by this rule.
- Who acts: the person from whom it was seized must agree to get it verified and stamped.
- Time: ten days from the date of seizure, or "such extended period". The rule does not say who can extend or on what ground.
- Officer's duty: to give a reasonable opportunity by returning the item exclusively for verification and stamping.
- Effect: if the condition is met, the weight or measure "shall not be forfeited".
A note on the wording: rule 23 cites seizures under section 15(3), whereas the Act's own section 15(3) deals with perishable goods and section 16(1) proviso is where the verification-and-forfeiture point arises. We follow the rule's words and flag the cross-reference so you can read the seizure order carefully and take advice if the point matters in your case.
Verification itself is under section 24; see also our guide on how to get verification of weights and measures.
Examples
Example 1: fresh produce. An officer seizes a consignment of vegetables sold by a short-weight scale. The goods will spoil. Under rule 22(1) he weighs them on a verified instrument, records the actual weight in the Director's form and asks the trader to sign. The trader refuses; the officer gets two bystanders to sign. The vegetables go back to the trader or the purchaser.
Example 2: an unverified counter scale. A shopkeeper's scale is seized because it carries no verification stamp. He tells the officer he will get it verified. Under rule 23 the scale is returned for that purpose alone, and if he gets it verified and stamped within ten days of the seizure, or the extended period, it is not forfeited.
Common mistakes
- Refusing to sign without knowing that two witnesses can substitute.
- Missing the ten-day window.
- Using the returned scale in trade before verification. It is returned exclusively for verification.
- Assuming rule 23 protects a non-standard weight.
Need help after a seizure?
If goods or weights have been seized and you need to understand the notice, the form you were asked to sign or the verification deadline, our legal dispute resolution team can go through the papers with you.
Key takeaways
- Perishable seized goods are weighed on a verified instrument, recorded in the Director's form and returned.
- If the trader refuses to sign, two persons present can sign instead.
- Non-perishable goods may be retained for prosecution after notice of seizure.
- An unverified weight or measure is not forfeited if verified and stamped within ten days of seizure or an extended period.
- The officer must return the item exclusively for verification and stamping.
Read next
- Section 15 of the Legal Metrology Act, 2009: Inspection, search and seizure
- Section 16 of the Legal Metrology Act, 2009: Forfeiture of seized weights and packages
- Reply to Show Cause Notice -- Legal Metrology Draft
- Rule 21 of the Legal Metrology (General) Rules, 2011: Non-standard weights for scientific research
Disclaimer: Based on the Legal Metrology (General) Rules, 2011 (G.S.R. 11(E), 7 February 2011) as notified, using a scanned copy with gaps, read with the Legal Metrology Act, 2009 (Act 1 of 2010), the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force) 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.