Section 33 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 33 is the penalty for not having your weighing or measuring instrument verified. It covers anyone who sells, distributes, delivers or otherwise transfers, or uses, an unverified weight or measure. Unlike most neighbouring penalty sections, section 33 is not amended by either Jan Vishwas Act, so the 2010 text is the text today: a fine of not less than Rs 2,000 and up to Rs 10,000, and imprisonment up to one year plus fine for repeat offences.
Whoever sells, distributes, delivers or otherwise transfers or uses any unverified weight or measure is punishable with a fine of not less than Rs 2,000 and up to Rs 10,000. For the second or subsequent offence the punishment is imprisonment up to one year and also fine. Neither Jan Vishwas Act amends section 33 (checked against the amending text for 2023 and 2026), so the original text stands. The Controller and the Director can compound it.
What the section says
"Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified weight or measure shall be punished with fine which shall not be less than two thousand rupees but which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine."
Two groups of conduct
| Group | Verbs | Typical person |
|---|---|---|
| Supply | sells, distributes, delivers or otherwise transfers | Manufacturer, dealer, repairer, anyone passing on an instrument |
| Use | uses | Shopkeeper, vendor, petrol pump, any trader weighing or measuring |
So both ends are caught: the person who puts an unverified instrument into circulation, and the person who uses it. If an officer has already raised the point with you, legal dispute resolution support is worth seeking before you reply.
"Unverified"
Verification is defined in section 2(v): comparing, checking, testing or adjusting a weight or measure to ensure conformity to the standards, including re-verification and calibration. "Stamp" in section 2(t) is the mark that certifies conformity. The duty to verify before use is in section 24.
An instrument can be "unverified" in more than one way:
- Never verified. It was bought or made and put to use without verification.
- Verification lapsed. Rule 27 of the General Rules requires re-verification at periodic intervals (24 months for weights, capacity measures, length measures, tape, beam scale and counter machine; 60 months for storage tanks; 12 months for other weights or measures including tank lorries). Whether a lapsed instrument is "unverified" for section 33 is a question on the facts and the rules; the section does not say so in terms, so do not assume either way, and read rule 27 with your State's rules.
- Re-installed or repaired before the due date without re-verification, which rule 27(3) and (4) require.
The minimum fine
Section 33 is one of the few sections in Chapter V with a floor: the fine "shall not be less than two thousand rupees". Sections 34 and 35 once had the same floor (Rs 2,000) until the 2023 Act removed it for those sections by substituting "fine which may extend to twenty-five thousand rupees". Section 33 was not touched, so its floor remains.
Practical meaning: a court or compounding authority cannot impose a fine below Rs 2,000 on conviction, though the compounding sum is a different thing (see below).
Layers of the penalty
| Layer | Status for section 33 |
|---|---|
| 1. As enacted in 2010 | Fine Rs 2,000 to Rs 10,000; second or subsequent offence, imprisonment up to one year and also fine |
| 2. Jan Vishwas (Amendment of Provisions) Act, 2023 (in force; Schedule item 40) | Not amended. The item lists sections 25, 27, 28, 29, 31, 34, 35 and 48 |
| 3. Jan Vishwas (Amendment of Provisions) Act, 2026 (Act 8 of 2026; in force only from the notified date) | Not amended. The item's list runs through sections 25 to 32, 34 to 41, 45 to 48, and it skips section 33 |
Because the repeat-offence imprisonment still stands in section 33 while it has been removed from sections 27, 28, 29, 31, 34 and 35 (and would be from others under the 2026 Act), section 33 is now one of the sections where a second offence can still bring a prison term. The 2026 Act's improvement notice does not attach to section 33 on the amending text. That said, the new section 15(6) applies to "any provision of the Act", so an officer could in principle serve an improvement notice for non-compliance with section 24; check the notification once the 2026 Act is in force.
Seizure, forfeiture and the ten-day window
An unverified weight or measure is liable to seizure under section 15 and to forfeiture to the State Government under section 16(1). The proviso to section 16(1) protects it from forfeiture if the person gets it verified and stamped within the prescribed time, and rule 23 of the General Rules gives ten days or such extended period from the date of seizure. See our article on section 16. Saving the instrument from forfeiture does not, on the text, by itself end the prosecution; compounding is a separate route.
Compounding
Section 33 falls in the range 27 to 39 that the Director may compound (section 48(2)) and in "33 to 37" that the Controller may compound (section 48(3)). The compounding sum cannot exceed the maximum fine, which for section 33 is Rs 10,000. The rule 32A table (as amended up to March 2022) does not list section 33, so the sum is whatever the rules in force prescribe; our sources do not give it. See compounding of offences and our article on section 48.
Who is exposed in practice
| Person | Exposure |
|---|---|
| Retailer with an unstamped counter scale | "uses" |
| Manufacturer delivering instruments without verification | "delivers" or "transfers" |
| Dealer selling second-hand scales without verification | "sells" |
| Fuel station using a dispenser whose verification is overdue | "uses", depending on whether it is treated as unverified |
Example 1. A vegetable seller uses a new digital scale for a year and never takes it for verification. An officer finds it unstamped. Section 33 applies, and the scale can be seized.
Example 2. A second-offence case: the same seller is caught again with an unverified scale. The fine is a minimum of Rs 2,000 and up to Rs 10,000, and the court may impose imprisonment up to one year and also fine.
Need help with an unverified-instrument case?
If an officer has seized your scale or served a notice citing section 33, act quickly on the verification route and on the defence. Our legal dispute resolution team can go through the seizure list, the dates and the compounding option with you. Bring the notice, purchase bills for the instrument and any earlier verification certificates.
Key takeaways
- Section 33 punishes selling, distributing, delivering, transferring or using an unverified weight or measure.
- The fine is not less than Rs 2,000 and up to Rs 10,000; repeat offences can attract imprisonment up to one year and also fine.
- Neither the 2023 nor the 2026 Jan Vishwas Act amends section 33.
- Get the instrument verified and stamped within the prescribed time to avoid forfeiture (rule 23 of the General Rules: ten days or an extended period).
- The offence is compoundable by the Director and the Controller under section 48.
Read next
- Section 32 of the Legal Metrology Act, 2009: Penalty for failure to get model approved
- Sections 34 and 35 of the Legal Metrology Act, 2009: Penalty for sale or service by non-standard measure
- Section 24 of the Legal Metrology Act, 2009: Verification, stamping and test centres
- How to Get Verification 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 33 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.