Section 16 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.
Section 16 decides what happens after an officer has seized goods under section 15. It makes three kinds of things liable to forfeiture to the State Government, gives unverified weights and measures a way out through verification, and leaves the disposal of everything else to the rules. Section 16 is not amended by the Jan Vishwas (Amendment of Provisions) Act, 2023 or by the Jan Vishwas (Amendment of Provisions) Act, 2026.
A seized non-standard weight or measure, a seized unverified weight or measure, and a seized package made in contravention of section 18 are all liable to be forfeited to the State Government. The word is "liable": forfeiture is not automatic. An unverified weight or measure is not forfeited if the person it was seized from gets it verified and stamped within the prescribed time. Seized goods that are not forfeited are disposed of by the prescribed authority in the prescribed manner.
What section 16(1) covers
Section 16(1) applies to three classes of seized items, each used "in the course of, or in relation to, any trade and commerce" and seized under section 15:
| Item | Why it is caught |
|---|---|
| Non-standard weight or measure | It does not conform to the standards specified by or under the Act |
| Unverified weight or measure | It was used in trade without verification and stamping as section 24 requires |
| Package made in contravention of section 18 | A pre-packaged commodity that lacks the prescribed standard quantity or the prescribed declarations |
Three points follow from the text.
- Seizure comes first. If you are already at this stage, legal dispute resolution advice on the seizure itself is worth taking early. Forfeiture operates only on goods "seized under section 15". Section 15 gives the officer the power to enter, search and seize when he has reason to believe an offence has been or is likely to be committed. Our article on section 15 sets out that trigger.
- "Liable to be forfeited" is permissive. The section makes the goods liable to forfeiture; it does not say forfeiture follows on seizure without any further step. The section itself does not name the authority that orders forfeiture or describe a hearing. It is silent on that, so do not assume a procedure that the text does not give.
- The beneficiary is the State Government. The goods go to the State, not to the Central Government and not to the officer.
The definition of "weight or measure" in section 2(w) includes weighing and measuring instruments, so a seized counter machine or a petrol-pump type measuring instrument is a "weight or measure" for this section. "Pre-packaged commodity" is defined in section 2(l).
The proviso: verification saves an unverified weight or measure
The proviso to section 16(1) is the practical heart of the section. An unverified weight or measure "shall not be forfeited to the State Government if the person from whom such weight or measure was seized gets the same verified and stamped within such time as may be prescribed."
Three things to note:
- The relief is limited to unverified items. A weight or measure that is non-standard (for example, marked in a unit the Act does not recognise), or a non-conforming package, does not get this proviso.
- The person must get it verified and stamped, not merely apply. Verification is the process defined in section 2(v), and stamping is the mark defined in section 2(t).
- The time is prescribed, not stated in the Act. Section 53(2)(a) lists "the time within which the weight or measure may be got verified under proviso to sub-section (1) of section 16" as a matter for State rules. The Legal Metrology (General) Rules, 2011 also carry a rule on the point: rule 23 says an unverified weight or measure seized is not forfeited if the person agrees to get it verified and stamped within a period of ten days or such extended period from the date of such seizure, and the person making the seizure must give a reasonable opportunity by returning it exclusively for verification and stamping. (The printed rule speaks of seizure under section 15(3); it should be read with the section 16 proviso.) Read the General Rules and your own State's rules together; our article on rules 22 and 23 of the General Rules covers the rule text.
Section 24 is the duty being enforced here: anyone holding a weight or measure for use in a transaction or for protection must have it verified before use. Our guide to verification and stamping and the piece on section 24 explain it.
Section 16(2): goods seized but not forfeited
Section 16(2) covers "every weight, measure or other goods seized under section 15 but not forfeited under sub-section (1)". These "shall be disposed of by such authority and in such manner as may be prescribed."
This is wide. It catches:
- an unverified weight or measure that was verified within time and so escaped forfeiture;
- goods that are not weights, measures or non-conforming packages, such as packages that conform but were seized as evidence;
- records and documents seized as evidence, since section 15(1)(b) allows seizure of records too (the text of section 16(2) says "weight, measure or other goods").
Who prescribes? The rule-making entries in sections 52 and 53 of the Act do not list section 16(2) separately. The sources we reviewed carry General Rules 22 and 23 (perishable goods and the ten-day verification window), and Packaged Commodities Rules 23 (deceptive packages), but we did not find a rule that names the "authority" and "manner" for section 16(2) in general. If your goods were seized and not forfeited, ask the seizing office in writing what order governs their release, and check your State's rules.
Forfeiture and prosecution are separate tracks
Forfeiture is a consequence for the goods. The offences are in Chapter V. A seized non-standard weight maps to section 27, an unverified weight to section 33, and a non-conforming package to section 36. Section 16 says nothing that stops a prosecution or a compounding application after forfeiture, and section 48 (compounding) sits in its own right. Compounding and its limits are covered in our article on section 48.
Examples
Example 1: a retailer's balance. An officer seizes a retailer's beam scale that carries no verification stamp. The retailer takes the scale to the verification office and has it verified and stamped within the time allowed. Under the proviso to section 16(1) it is not forfeited, and section 16(2) governs its release.
Example 2: a mislabelled carton. A packer's consignment of biscuits lacks the declarations that the Packaged Commodities Rules require. The packages were made in contravention of section 18 and were seized. They are liable to forfeiture; the verification proviso does not help, because it is confined to unverified weights and measures.
Need help after a seizure?
If goods, instruments or records have been seized, the first job is to find out the section, the date of seizure and the time left to act. Our team can go through the seizure list and the notice with you and set out the options under legal dispute resolution. Please bring every paper you were given at the time.
Key takeaways
- Non-standard or unverified weights and measures, and packages made in breach of section 18, are liable to forfeiture to the State Government once seized under section 15.
- An unverified weight or measure escapes forfeiture if it is verified and stamped within the prescribed time; General Rules, rule 23 speaks of ten days or an extended period.
- The proviso does not cover non-standard items or non-conforming packages.
- Goods not forfeited are disposed of by the prescribed authority in the prescribed manner under section 16(2).
- Section 16 is not amended by either Jan Vishwas Act.
Read next
- Section 15 of the Legal Metrology Act, 2009: Inspection, search and seizure
- Section 17 of the Legal Metrology Act, 2009: Records and registers
- Section 33 of the Legal Metrology Act, 2009: Penalty for use of unverified weight or measure
- Verification and Stamping of Weights and Measures
Disclaimer: Based on the Legal Metrology Act, 2009 (Act 1 of 2010) as enacted, read with 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); section 16 is not amended by either Act. Also based on the Legal Metrology (General) Rules, 2011, as on 30 September 2026. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.