Section 32 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 32 is the penalty behind section 22. It punishes whoever fails or omits to submit the model of a weight or measure for approval. It is not amended by the Jan Vishwas (Amendment of Provisions) Act, 2023, but the Jan Vishwas (Amendment of Provisions) Act, 2026 would change it sharply: a warning by improvement notice first, then a penalty of up to Rs 5 lakh, then a fine of Rs 10 lakh to Rs 20 lakh. That amendment is enacted but applies only from the date the Central Government notifies.
Whoever fails or omits to submit the model of any weight or measure for approval commits an offence under section 32. As enacted (and unchanged by the 2023 Act): a fine up to Rs 20,000, and for the second or subsequent offence imprisonment up to one year and also fine. The 2026 Act would replace this with an improvement notice for the first offence, a penalty up to Rs 5 lakh for the second and a fine of not less than Rs 10 lakh and up to Rs 20 lakh for later offences, from the notified date.
What section 32 punishes
The text is one sentence: "Whoever fails or omits to submit model of any weight or measure for approval, shall be punished...". Its content comes from section 22, which requires every person, before manufacturing or importing any weight or measure, to seek approval of the model.
Reading the two together:
| Point | Explanation |
|---|---|
| Who | Any person who had to seek approval: a manufacturer or importer of a weight or measure |
| The default | Not submitting the model for approval ("fails or omits to submit") |
| Not the same as rejection | Section 32 is triggered by failure to submit, not by approval being refused |
| Exempt items | Section 22's first proviso says approval "may not be required" for listed items such as cast iron, brass, bullion or carat weights and beam scales; a person who falls within it is not failing to submit something required |
| Foreign-approved models | Under section 22's second proviso, the prescribed authority may approve a model approved abroad without test or after a test; the importer still has to put the model before the authority |
If your product might fall in a doubtful category, it is worth settling it before the first batch or shipment rather than after a notice. A legal consultation can help you map the product against section 22 and the prescribed rules.
Note what section 32 does not do. It does not punish a person for using an unapproved instrument; that depends on other sections, such as section 33 for unverified instruments and section 27 for non-conforming ones. It does not say whether manufacture and sale of an unapproved model can be prosecuted as separate offences; those are questions for the facts and the rules.
The penalty, layer by layer
| Layer | Penalty |
|---|---|
| 1. As enacted in 2010 | Fine up to Rs 20,000; for the second or subsequent offence, imprisonment up to one year and also fine |
| 2. After the Jan Vishwas (Amendment of Provisions) Act, 2023 (in force) | No change. The 2023 Act's item for the Legal Metrology Act amends sections 25, 27, 28, 29, 31, 34, 35 and 48, not 32 |
| 3. Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026; in force only from the date the Central Government notifies; check the notification) | "Shall be warned with an improvement notice"; for the second offence "liable to penalty which may extend to five lakh rupees"; for subsequent offences "the fine shall not be less than ten lakh rupees but may extend to twenty lakh rupees" |
The 2026 step is the largest jump in this group of sections: from a maximum of Rs 20,000 (plus the imprisonment possibility) to a penalty of up to Rs 5 lakh and a fine of Rs 10 lakh to Rs 20 lakh. The 2026 text does not retain the imprisonment limb for section 32. All of this stays on paper until notification.
The improvement notice
The 2026 Act's new section 15(6) lets a Director, Controller or legal metrology officer, who has reasonable ground to believe that a person has failed to comply, serve an improvement notice stating the grounds and the non-compliance, the measures to be taken and a reasonable period for them. The new section 15(7) provides for suspension or revocation of registration or approval if the person does not comply, with an opportunity of being heard before the authorised officer acts. For a model-approval default, the practical first step would therefore be to submit the model within the period the notice gives. See our article on section 15.
Compounding: Director only
Section 48(1) covers offences under sections 27 to 39, which includes section 32. However, who may compound differs:
- The Director, or an officer specially authorised by him, may compound offences under sections 25 and 27 to 39 (section 48(2)), which includes section 32.
- The Controller, or an officer specially authorised, may compound only sections 25, 27 to 31, 33 to 37 and 45 to 47 (section 48(3)). Section 32 is not in the Controller's list.
The compounding sum is prescribed and cannot exceed the maximum fine for the offence (section 48(3), proviso). The rule 32A table in the Packaged Commodities Rules does not list section 32; our sources give no compounding sum for it. See our article on section 48 and compounding of offences.
After a compounding, the same or a similar offence within three years cannot be compounded again (section 48(4)).
How to avoid the offence
- Find out before manufacture or import whether the product is a weight or measure (section 2(w) includes weighing and measuring instruments).
- Check whether the first proviso exemption really fits the product: it is narrow, and measuring tapes are excluded from the length-measure item.
- Submit the model to the prescribed authority in the prescribed manner, and keep the application and approval on file. Our existing guide on how to apply for model approval covers the practical steps; the procedure, fee and authority are prescribed and are not in our sources, so check the rules.
- For imports, pair the model approval with importer registration under section 19.
Example 1. A firm begins manufacturing platform scales without ever submitting the model. The default is failing to submit the model, which is section 32.
Example 2. A firm submits the model, and approval is pending while it plans a trial batch. Section 32 punishes failure to submit; the pending application is not itself the default, but section 22 requires approval before manufacturing, so a trial batch before approval needs care.
Need help with approval or a notice?
If you are planning a new instrument, or have received a notice for not submitting a model, the order of steps matters. Our legal consultation team can check the product against section 22, set out which layer of section 32 applies, and explain whether compounding is open. Bring the product details, any import papers and the notice.
Key takeaways
- Section 32 punishes failing or omitting to submit a model of a weight or measure for approval (the duty in section 22).
- As enacted: fine up to Rs 20,000; repeat offence, imprisonment up to one year and also fine. The 2023 Act does not amend it.
- The 2026 Act would replace this with an improvement notice, then penalty up to Rs 5 lakh, then fine of Rs 10 lakh to Rs 20 lakh; applicable only from the notified date.
- Only the Director (not the Controller) can compound a section 32 offence.
- Submit before manufacture or import; the procedure and fee are prescribed rules not in our sources.
Read next
- Section 22 of the Legal Metrology Act, 2009: Approval of model
- Section 31 of the Legal Metrology Act, 2009: Penalty for non-production of documents
- Section 33 of the Legal Metrology Act, 2009: Penalty for use of unverified weight or measure
- Model Approval for 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; it does not amend section 32) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026; its change to section 32 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.