Sections 28 and 29 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.
Sections 28 and 29 are the penalty sections behind sections 10 and 11. Section 28 punishes a deal, transaction or contract made in contravention of the weights, measures or numbers prescribed under section 10. Section 29 punishes violation of section 11, which bars quoting, invoicing, advertising or declaring net quantity in anything other than standard units. Both sections were rewritten by the Jan Vishwas (Amendment of Provisions) Act, 2023; the Jan Vishwas (Amendment of Provisions) Act, 2026 would add an improvement notice for a first offence, once notified.
Section 28 punishes whoever makes a transaction, deal or contract contrary to the standards specified under section 10. Section 29 punishes whoever violates section 11 (quoting prices or quantities, price lists, invoices, advertisements, net quantity, in other than standard units). Since 2023, both carry a fine up to Rs 50,000 for the first offence, up to Rs 1 lakh for the second and up to Rs 2 lakh for the third and later. The 2026 Act would make the first offence an improvement notice; it applies only from the notified date.
The duties behind the penalties
Section 10: the prescribed weight, measure or number
Section 10 says: "Any transaction, dealing or contract in respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as may be prescribed." The Central Government prescribes this under section 52(2)(f). Section 28 punishes a transaction that breaks it. For the broader context see our article on sections 9 and 10.
Section 11: quoting only in standard units
Section 11(1) says no person shall, in relation to any goods, things or service:
| Clause | Conduct |
|---|---|
| (a) | quote, or make announcement of, whether by word of mouth or otherwise, any price or charge |
| (b) | issue or exhibit any price list, invoice, cash memo or other document |
| (c) | prepare or publish any advertisement, poster or other document |
| (d) | indicate the net quantity of a pre-packaged commodity |
| (e) | express in relation to any transaction or protection, any quantity or dimension |
"otherwise than in accordance with the standard unit of weight, measure or numeration." Section 11(2) says sub-section (1) does not apply to export of any goods, things or service. Our article on sections 11 and 12 explains the duty.
Please note that section 29 punishes only violation of section 11. A breach of the packaged-commodity declaration rules is punished under section 36, not section 29.
If you issue price lists, invoices, estimates or advertisements and want them checked for unit usage, a short call with our legal dispute resolution team is a low-effort way to do it before an inspection.
The penalty, layer by layer
Section 28
| Layer | Penalty |
|---|---|
| 1. As enacted in 2010 | Fine up to Rs 10,000; for the second or subsequent offence, imprisonment up to one year, or fine, or both |
| 2. After the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force) | Fine up to Rs 50,000; second offence, fine up to Rs 1 lakh; third and subsequent offence, fine up to Rs 2 lakh |
| 3. 2026 Act (Act 8 of 2026; in force only from the date the Central Government notifies; check the notification) | "Warned with an improvement notice"; second offence "liable to penalty which may extend to fifty thousand rupees"; subsequent offences the fine "not less than one lakh rupees but may extend to two lakh rupees" |
Section 29
| Layer | Penalty |
|---|---|
| 1. As enacted in 2010 | Fine up to Rs 10,000; for the second or subsequent offence, imprisonment up to one year, or fine, or both |
| 2. After the 2023 Act (in force) | Fine up to Rs 50,000; second offence, fine up to Rs 1 lakh; third and subsequent offence, fine up to Rs 2 lakh |
| 3. 2026 Act (in force only from the notified date) | "Warned with an improvement notice"; second offence "liable to penalty which may extend to fifty thousand rupees"; subsequent offences the fine "not less than one lakh rupees but may extend to two lakh rupees" |
The 2023 Act substituted, in both sections, the words from the amount onward. The prison term has therefore gone from sections 28 and 29 on the amended text. The 2026 Act swaps those words again so that the first offence is met by an improvement notice; the amount steps then run from Rs 50,000 (second offence) to Rs 1 lakh–Rs 2 lakh (later offences).
The improvement notice in brief
Under the 2026 Act's new section 15(6), a Director, Controller or legal metrology officer with reasonable ground to believe that a person has failed to comply may serve an improvement notice stating the grounds, the matters that constitute the failure, the measures the person must take and a reasonable period to take them. The new section 15(7) would suspend or revoke registration or approval on non-compliance, after a hearing. See our article on section 15. The whole mechanism is not in force until the Central Government notifies it.
Compounding
Sections 28 and 29 are compoundable under section 48 before or after prosecution. The Director (section 48(2)) and the Controller (section 48(3), which covers sections 27 to 31) may compound, with the sum capped at the maximum fine for the offence. For section 29, rule 32A of the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended up to March 2022; check later amendments) fixes the compounding sum: Rs 2,000 if the application is by a retailer or wholesale dealer and Rs 10,000 if by a manufacturer or importer. The table in rule 32A lists section 29, section 36(1) and section 36(2); it does not list section 28. For section 28 the sum is whatever is prescribed by the rules in force; our sources do not give it. See compounding of offences and the series article on section 48.
A person cannot rely on compounding again for the same or similar offence within three years of the earlier compounding (section 48(4)).
Practical differences
| Point | Section 28 | Section 29 |
|---|---|---|
| Contravenes | Section 10 (prescribed weight, measure or number in transactions) | Section 11 (quotations and documents in standard units) |
| Typical facts | Selling goods by a unit or count not prescribed for that class of goods | Price list in "seer", invoice in "tola", advertisement with quantity in a non-standard unit |
| Exports | Section 11(2) exempts export from section 11; section 10 has no express export carve-out | Section 11(2) exempts export |
| Compounding rule 32A table | Not listed | Listed |
Section 25 is different again: it punishes the use of a non-standard weight or measure or numeration (see section 25).
Example 1. A sweet shop's display board and cash memos state prices per "seer". Section 11(1)(a) to (c) are breached and section 29 is the penalty. After the 2023 Act, a first offence is a fine of up to Rs 50,000.
Example 2. A trade prescribed to sell a class of goods by weight instead sells them by a unit or count not prescribed for that class. If the prescribed weight, measure or number under section 10 is breached, section 28 applies. The class and the prescribed unit must be checked in the rules; the Act does not list them.
Need help reviewing your price lists and invoices?
Units on invoices, hoardings, catalogues and labels are easy to get wrong and easy for an inspector to spot. If you have received a notice under section 28 or 29, or want to check your documents before one arrives, our legal dispute resolution team can go through the papers and the layer of the penalty that applies. Bring the notice and the documents cited.
Key takeaways
- Section 28 punishes transactions contrary to the standards prescribed under section 10; section 29 punishes violation of section 11.
- As amended by the Jan Vishwas (Amendment of Provisions) Act, 2023: fines of up to Rs 50,000, Rs 1 lakh and Rs 2 lakh for the first, second and later offences; no imprisonment.
- The 2026 Act would begin with an improvement notice, then penalty and fine; it applies only from the notified date.
- Section 11 does not apply to export (section 11(2)).
- Rule 32A of the Packaged Commodities Rules fixes compounding sums for section 29: Rs 2,000 (retailers and wholesalers) or Rs 10,000 (manufacturers and importers), as amended up to March 2022.
Read next
- Section 27 of the Legal Metrology Act, 2009: Penalty for manufacture or sale of non-standard weights
- Section 30 of the Legal Metrology Act, 2009: Penalty for short delivery and excess receipt
- Sections 11 and 12 of the Legal Metrology Act, 2009: Quoting in standard units and void customs
- Prohibition of Non-Standard 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; Schedule item 40) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026; its changes to sections 28 and 29 apply only from the date the Central Government notifies), and the Legal Metrology (Packaged Commodities) Rules, 2011 (as amended up to March 2022), as on 30 September 2026. State Legal Metrology rules, later amendments and notifications change; verify the current position before acting.