Section 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.
Section 23 is the licensing gate for the trade in weights and measures. Nobody may manufacture, repair or sell them, or offer, expose or possess them for repair or sale, without a licence from the Controller. The Jan Vishwas (Amendment of Provisions) Act, 2026 would rename the licence a "registration certificate"; that change is enacted but applies only from the date the Central Government notifies it. The 2023 Act does not touch section 23.
No person may manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure without a licence issued by the Controller. A manufacturer needs no separate repair licence to repair his own weight or measure in a State other than the State of manufacture. The form, manner, conditions, period, area and fee are prescribed, and the State rules carry most of it. The 2026 Act substitutes "registration certificate" for "licence" in section 23, from the notified date.
Sub-section (1): the prohibition
Section 23(1) says: "No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a licence issued by the Controller under sub-section (2)".
| Activity | Covered | Related definition |
|---|---|---|
| Manufacture | Yes | Section 2(i): includes assembling and putting one's own mark on another's product |
| Repair | Yes | Section 2(p): includes adjusting, cleaning, lubricating or painting |
| Sale | Yes | Section 2(r): transfer of property for cash, deferred payment or other consideration, including hire-purchase |
| Offer, expose or possess for repair or sale | Yes | The possession limb reaches stock held for sale |
Whether a particular activity of yours falls in this list is worth confirming early, and a legal consultation is a quick way to do it. Notice what is not in the list:
- Import is handled by section 19, which requires registration with the Director. However, an importer who also sells is a "dealer" under section 2(b), and sale is within section 23.
- Mere use of a weight or measure in trade does not need a licence. A user's duty is verification and stamping under section 24.
The proviso: own-repair in another State
"Provided that no licence to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the State of manufacture of the same."
The proviso is narrow:
- it covers a manufacturer, not a dealer or an independent repairer;
- it covers his own weight or measure, not a competitor's; and
- it covers repair only in a State other than the State of manufacture.
It exists because the licence is State-linked (see the "area of jurisdiction" below). A manufacturer repairing its own scales in a State where it is not licensed does not need a fresh repair licence there. The proviso does not say it dispenses with the manufacturer's licence for manufacture or for sale in that State.
Sub-section (2): the Controller issues the licence
"For the purpose of sub-section (1), the Controller shall issue a licence in such form and manner, on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be prescribed."
The Controller is the State officer appointed under section 14. Section 23(2) leaves six things to be prescribed:
| Item | Where the power sits |
|---|---|
| Form | Section 53(2)(c) (State rules) |
| Manner | Section 53(2)(c) |
| Conditions | Section 53(2)(c) |
| Period | Section 53(2)(c) |
| Area of jurisdiction | Section 53(2)(c) |
| Fee | Section 53(2)(c) |
Section 53(2)(c) gives the State Government power to make rules on "the form, manner, conditions, period, area of jurisdiction and fees for issuance of licence under sub-section (2) of section 23". State rules are not in the sources reviewed for this article, so we do not describe State forms, fees, validity or renewal. Our existing guides manufacturer licence, dealer licence and repairer licence give a general picture and our note on the General Rules licence procedure covers that topic; always confirm against your own State's rules.
Section 17 follows the licence: manufacturers, repairers and dealers must maintain the prescribed records and registers. See our article on section 17.
The 2026 Act: "licence" becomes "registration certificate"
Layer 1, as enacted in 2010: the heading and text say licence.
Layer 2, after the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force): no change to section 23. The 2023 Act's item on the Legal Metrology Act amends sections 25, 27, 28, 29, 31, 34, 35 and 48 only.
Layer 3, the Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026; in force only from the date the Central Government notifies; check the notification): in section 23, the marginal heading, sub-section (1) (both places) and sub-section (2) replace the word "licence" with "registration certificate". The same Act makes the matching word change in section 53(2)(c), and in sections 45 and 46 ("licence" becomes "registration") and section 47 ("licence" becomes "registration certificate").
What this means:
- The 2026 change, on its text, is one of terminology. The amending text does not change the list of activities, the Controller as the issuing authority, or the matters to be prescribed.
- Until the notification, the word in force is "licence". Your certificate may be called a licence under your State's rules.
- The same Act attaches an improvement notice and suspension or revocation mechanism in the new section 15(6) and (7), which refer to "registration or approval". Once notified, non-compliance with an improvement notice exposes the registration to suspension or revocation after a hearing. See our article on section 15.
Consequences of acting without a licence
Sections 45 and 46 punish acting without a valid licence:
| Section | Act | Penalty as enacted |
|---|---|---|
| 45 | Manufacturing a weight or measure without a valid licence, being required to obtain one | Fine up to Rs 20,000; second or subsequent offence, imprisonment up to one year, or fine, or both |
| 46 | Repairing, selling or offering, exposing or possessing for repair or sale, without a valid licence | Fine up to Rs 5,000; second or subsequent offence, imprisonment up to one year, or fine, or both |
| 47 | Altering or tampering with a licence issued or renewed, other than as authorised by the Controller | Fine up to Rs 20,000, or imprisonment up to one year, or both |
The 2026 Act amends all three (improvement notice first, then penalties), and the 2023 Act does not. Our series articles on sections 45, 46 and 47 give the layers. All three are compoundable under section 48(1) and may be compounded by the Controller under section 48(3).
Example 1. A workshop repairs weighing machines for shops without a licence. Section 23(1) bars repair without a licence, and section 46 is the penalty section.
Example 2. A Gujarat manufacturer sends an engineer to repair its own scales sold in Rajasthan. The proviso to section 23(1) means it needs no repair licence for that repair in a State other than the State of manufacture. A separate trader in Rajasthan repairing those scales for a fee is not within the proviso.
Need help with your licence?
If you manufacture, repair or sell weights and measures, the first steps are to confirm which activities need a licence in your State and what your current certificate covers. A legal consultation can help you check that against section 23 and your State's rules before a renewal or an inspection.
Key takeaways
- A licence from the Controller is needed to manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure (section 23(1)).
- A manufacturer needs no licence to repair his own weight or measure in a State other than the State of manufacture.
- Form, manner, conditions, period, area and fee are prescribed by State rules under section 53(2)(c); they are not in our sources.
- The 2026 Act would rename the licence a "registration certificate"; this applies only from the date the Central Government notifies it.
- Acting without a licence is punishable under sections 45 and 46.
Read next
- Section 22 of the Legal Metrology Act, 2009: Approval of model
- Section 24 of the Legal Metrology Act, 2009: Verification, stamping and test centres
- Section 17 of the Legal Metrology Act, 2009: Records and registers
- Manufacturer Licence Under Legal Metrology
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; it does not amend section 23) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026; its change of "licence" to "registration certificate" applies 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.