Sections 45 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 45, 46 and 47 are the penalties behind section 23, which prohibits manufacturing, repairing or selling a weight or measure without a licence issued by the Controller. Section 45 covers manufacture without a licence, section 46 covers repair, sale and related dealings without a licence, and section 47 covers tampering with a licence. They were not touched by the 2023 Jan Vishwas Act. The 2026 Jan Vishwas Act, once notified, rewrites all three and renames "licence" to "registration" in sections 45 and 46 and to "registration certificate" in section 47.
Section 45: manufacturing without a valid licence: fine up to Rs 20,000; second or subsequent offence: imprisonment up to one year, or fine, or both. Section 46: repairing, selling, offering, exposing or possessing for repair or sale without a valid licence: fine up to Rs 5,000; second or subsequent offence: the same imprisonment-or-fine. Section 47: altering or tampering with a licence other than as the Controller authorises: fine up to Rs 20,000, or imprisonment up to one year, or both. All three can be compounded by the Controller. The 2026 Act, only from the notified date, replaces them with an improvement notice and fines of not less than Rs 2 lakh up to Rs 5 lakh for repeat offences.
The obligation and who issues the licence
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". The proviso exempts a manufacturer from needing a licence to repair his own weight or measure in a State other than the State of manufacture. Section 23(2) leaves the form, conditions, period, area of jurisdiction and fee of the licence to be prescribed; for State licences these are in State rules under section 53(2)(c). The State rules and fees are not in the sources used here, so check your State's rules. See also our guides on the manufacturer licence, the dealer licence and the repairer licence. If you have been cited for operating without a licence, a legal consultation before replying helps set out options.
Section 45: manufacture without licence
"Whoever, being required to obtain a licence under this Act or the rules made thereunder, manufactures, without being in possession of a valid licence, any weight or measure".
- The person must be "required to obtain a licence"; the requirement comes from section 23 and the rules.
- The licence must be valid. An expired, cancelled or out-of-area licence raises the question whether the holder is "in possession of a valid licence"; the section says "valid" but does not spell out those cases, so take advice on the facts and on the State rules.
- Penalty: fine up to Rs 20,000; second or subsequent offence, imprisonment up to one year, or fine, or both.
Section 46: repair, sale, offer, exposure or possession without licence
The conduct is wider: "repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in possession of a valid licence". A shop that merely keeps scales for sale is within the section, without a completed sale.
- Penalty: fine up to Rs 5,000; second or subsequent offence, imprisonment up to one year, or fine, or both.
- The lower first-offence cap (Rs 5,000 against Rs 20,000) reflects the gap between a dealer or repairer and a manufacturer.
Section 47: tampering with licence
"Whoever alters or otherwise tampers, with any licence issued or renewed under this Act or rules made thereunder, otherwise than in accordance with any authorisation made by the Controller in this behalf".
- Covers altering a licence (for example extending a date or an area) without the Controller's authorisation.
- Penalty: fine up to Rs 20,000, or imprisonment up to one year, or both. Unlike sections 45 and 46, imprisonment is available on the first offence.
The three layers
| Layer | Section 45 | Section 46 | Section 47 |
|---|---|---|---|
| 1. As enacted in 2010 | Fine up to Rs 20,000; repeat: imprisonment up to 1 year, or fine, or both | Fine up to Rs 5,000; repeat: same | Fine up to Rs 20,000, or imprisonment up to 1 year, or both |
| 2. Jan Vishwas Act, 2023 (in force; item 40) | Not amended | Not amended | Not amended |
| 3. Jan Vishwas Act, 2026 (Act 8 of 2026; in force only from the date the Central Government notifies; item 66(T), (U), (V)) | "Licence" becomes "registration"; "warned with an improvement notice"; second offence: penalty up to Rs 20,000; subsequent: fine not less than Rs 2 lakh up to Rs 5 lakh | "Licence" becomes "registration"; improvement notice; second offence: penalty up to Rs 5,000; subsequent: fine not less than Rs 2 lakh up to Rs 5 lakh | "Licence" becomes "registration certificate"; improvement notice; second offence: penalty up to Rs 20,000; subsequent: fine not less than Rs 2 lakh up to Rs 5 lakh |
The 2026 Act also amends section 23 and section 53(2)(c) to replace "licence" with "registration certificate" (item 66(C) and (Z)(i)). Until notified, the word "licence" and the 2010 penalties stand. The 2026 text has no imprisonment for any of the three; note that even a first-time tamperer under section 47 would, on the printed text, be warned by improvement notice rather than prosecuted. The amending text does not explain how an improvement notice would work for a person who holds no licence or registration, since new section 15(7) speaks of suspending or revoking "registration or approval". Check the notification and rules before relying on it.
Compounding, appeals and State rules
- Compounding. Sections 45 to 47 are in section 48(1), and the Controller (or specially authorised officer) may compound them under section 48(3). The Director's list in section 48(2) (sections 25, 27 to 39) does not include them. The sum cannot exceed the maximum fine. The rule 32A table (Packaged Commodities Rules, as amended up to March 2022) does not list these sections, so the sum is what the rules in force prescribe. See section 48.
- Appeals. Section 50(1)(d) and (e) cover decisions under "sections 45 to 47" by State officers, to the Controller and then to the State Government or an authorised officer, within 60 days (extendable by up to 60). See section 50.
- State rules. Section 53(3) lets State rules make breach of the State rules punishable with a fine up to Rs 5,000. Those rules and forms are not in our sources.
- Companies. For a company, section 49 decides who is answerable.
Who is exposed
| Person | Section |
|---|---|
| Workshop making weights or measuring instruments without a licence | 45 |
| Retailer keeping scales for sale, or a repairer adjusting scales, without a licence | 46 |
| Dealer who photocopies and changes the validity date on a licence | 47 |
| Manufacturer repairing its own instruments in another State | Not within section 46: the proviso to section 23(1) removes the licence requirement for that repair |
Example 1. A fabricator starts making steel weights after his licence lapsed and was not renewed. If "valid licence" is not in place, section 45 applies. The first offence is a fine up to Rs 20,000.
Example 2. A dealer extends the period on his licence with a pen. Section 47 applies: the alteration was not authorised by the Controller. Imprisonment is available even on a first offence.
Need help with a licence problem?
If a licence has lapsed, was never obtained, or an officer has alleged a breach of sections 45 to 47, it helps to fix the licence position and consider compounding in parallel. Our legal consultation service can review the licence history and the allegation with you. Bring the licence, renewal receipts and the notice.
Key takeaways
- Section 45 punishes manufacture without a valid licence; section 46 punishes repair, sale, offering, exposing or possessing for repair or sale without one; section 47 punishes tampering with a licence.
- First-offence caps: Rs 20,000 (s.45), Rs 5,000 (s.46), Rs 20,000 or imprisonment up to one year or both (s.47).
- The 2023 Act does not amend them; the 2026 Act, once notified, replaces them with improvement notices and higher fines for repeats, and renames licences as registrations.
- The Controller can compound all three; the Director's list does not include them.
- Licence forms, fees and areas are in State rules, not in our sources.
Read next
- Section 23 of the Legal Metrology Act, 2009: Licence to manufacture, repair or sell
- Section 44 of the Legal Metrology Act, 2009: Counterfeiting of seals and stamps
- Section 48 of the Legal Metrology Act, 2009: Compounding of offences
- How to Renew Legal Metrology License
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 sections 45 to 47) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (in force 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.