Section 50 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 50 is the appeal provision of the Act. It sets up a ladder: decisions of Central officers go to the Director and then to the Central Government; decisions of State officers go to the Controller and then to the State Government. An appeal must be filed within sixty days, with a further sixty for sufficient cause. The Jan Vishwas Act, 2026 adds a rank requirement for the officer the Central Government may authorise in clause (c); that change is not in force until notified.
An appeal lies against decisions and orders under sections 15 to 20, 22, 25, 27 to 39, 41 and rules under section 52(3) (Central side), and sections 15 to 18, 23 to 25, 27 to 37, 45 to 47 and rules under section 53(3) (State side). File within sixty days of the order; the appellate authority may allow another sixty for sufficient cause. A fee is payable as prescribed. The government may also call for records on its own motion. The 2023 Act does not amend section 50; the 2026 Act, only once notified, amends clause (c).
The ladder of appeals
Section 50(1) has five clauses.
| Clause | Decision or order of | Sections covered | Appeal lies to |
|---|---|---|---|
| (a) | A legal metrology officer appointed under section 13 (Central) | Sections 15 to 20, 22, 25, 27 to 39, 41, or rules under section 52(3) | The Director |
| (b) | The Director of Legal Metrology | The same list | The Central Government or an officer specially authorised by it |
| (c) | The Controller under delegated powers of the Director | (no list; "every decision given") | The Central Government |
| (d) | A legal metrology officer appointed under section 14 (State) | Sections 15 to 18, 23 to 25, 27 to 37, 45 to 47, or rules under section 53(3) | The Controller |
| (e) | The Controller, not being an order made in appeal under clause (d) | Sections 15 to 18, 23 to 25, 27 to 37, 45 to 47, or rules under section 53(3) | The State Government or an officer specially authorised by it |
All appeals are "subject to the provisions of sub-section (2)", that is, the time limit.
Reading the lists
- Section 50 appeals sit on "decisions or orders" such as seizure, forfeiture, registration or approval matters, penalty and compounding-related orders. The section does not define "order" and does not list which steps qualify; each step should be checked against the section under which it was made.
- Not listed at all: section 26 (alteration), section 40 (obstruction), sections 42 to 44 and section 49. These are prosecution matters, not decisions you can appeal under section 50 on its terms.
- Section 41 is on the Central list (clauses (a) and (b)) but not on the State list (clauses (d) and (e)).
- Sections 38 and 39 (imports) are on the Central list only; the State list stops at section 37.
- Sections 45 to 47 (licence offences) are on the State list only.
- Sections 19 and 20 (importer registration and non-standard imports) and section 22 (approval of model) are on the Central list.
- Sections 23 and 24 (licence; verification) are on the State list.
If you are unsure which clause applies to your order, legal dispute resolution advice at the outset helps avoid filing before the wrong authority.
Time limit: section 50(2)
"Every such appeal shall be preferred within sixty days from the date on which the impugned order was made." The proviso lets the appellate authority, if satisfied that the appellant was prevented by sufficient cause, permit an appeal within a further sixty days. So the outer limit on the text is 120 days, and only with sufficient cause for the extra period. The clock runs from the date the order was made, not the date it was received; keep that in mind and record when the order reached you.
Procedure and powers: section 50(3) to (5)
| Sub-section | What it provides |
|---|---|
| (3) | On receipt, the appellate authority gives the parties a reasonable opportunity of being heard, makes such inquiry as it deems proper, and may confirm, modify or reverse the order, or send the case back with directions for a fresh decision after taking additional evidence if necessary |
| (4) | Every appeal is preferred on payment of such fees as may be prescribed |
| (5) | The Central or State Government, as the case may be, may on its own motion or otherwise call for and examine the record of any proceeding (including an appeal) to satisfy itself of the correctness, legality or propriety of the decision or order, and pass such orders as it thinks fit |
| Proviso to (5) | No order shall be varied so as to prejudicially affect any person unless he has been given a reasonable opportunity of showing cause |
The fee and the form and manner of appeal are "as may be prescribed". In our sources the General Rules (rules 1 to 30) and the Act do not state an appeal fee or form, so check the rules of the Government concerned. Do not assume a figure.
Sub-section (5) is a revision power and can be used even without an appeal ("on its own motion or otherwise"). The proviso means an adverse variation needs a show-cause opportunity.
The three layers
| Layer | Section 50 |
|---|---|
| 1. As enacted in 2010 | The text above |
| 2. Jan Vishwas Act, 2023 (in force; item 40) | Not amended. The item lists sections 25, 27, 28, 29, 31, 34, 35 and 48. Note that section 41 was already in section 50(1)(a) and (b) as enacted; the 2023 Act added it only to section 48 |
| 3. Jan Vishwas Act, 2026 (Act 8 of 2026; in force only from the date the Central Government notifies; item 66(X)) | In clause (c), after "the Central Government", the words "or any officer not below the rank of Joint Secretary specially authorised in this behalf by that Government" are inserted |
So once notified, a Controller's decision under delegated powers of the Director could be appealed to the Central Government or to a specially authorised officer not below Joint Secretary rank. Clauses (a), (b), (d) and (e) are not touched. The 2026 Act also substitutes section 48 (compounding) and adds a written-complaint rule for cognizance; see section 48.
How the appeal connects to other sections
- Seizure and forfeiture (sections 15 and 16) are on both lists; see section 15 and section 16.
- Penalty sections 27 to 39 are appealable; for the penalty picture see section 36.
- Compounding and appeal are separate routes. Compounding settles the offence; an appeal challenges a decision or order. Take advice on the order in which to use them.
- For complaints and prosecution in court, see who can file a complaint.
A practical checklist
| Step | Why |
|---|---|
| Note the date the order was made and the date you received it | The 60 days run from the date of the order |
| Identify the section under which the order was made | Decides the clause and the authority |
| Check the State or Central rules for the form and fee | Not stated in the Act |
| File before the right appellate authority, with documents | Wrong forum wastes time |
| Ask for a hearing and give a full reply | Section 50(3) requires a reasonable opportunity |
| If late, state the sufficient cause | Only a further 60 days are allowed |
Example 1. A State Legal Metrology officer under section 14 passes an order under section 33 against a retailer. On the text, clause (d) sends the appeal to the Controller within 60 days; if the Controller's order is not itself an order in appeal under clause (d), clause (e) sends a further appeal to the State Government or an authorised officer.
Example 2. An importer is aggrieved by an order under section 38 by a Central officer under section 13. Clause (a) sends the appeal to the Director; his order can go to the Central Government or an authorised officer under clause (b).
Need help with an appeal?
The time limit is short and the forum depends on which officer passed the order and under which section. Our legal dispute resolution team can review the order, identify the clause and prepare the appeal. Bring the order, the notice that led to it and proof of the date you received it.
Key takeaways
- Section 50 creates a two-tier ladder: Central officers to the Director to the Central Government; State officers to the Controller to the State Government.
- Appeal within 60 days of the order; a further 60 days for sufficient cause.
- A prescribed fee applies; the Government can also revise records on its own motion, with a show-cause opportunity before any adverse variation.
- Sections 26, 40, 42 to 44 and 49 are not on the appeal lists.
- The 2026 Act, only when notified, adds an officer of Joint Secretary rank or above as an alternative appellate authority in clause (c).
Read next
- Section 48 of the Legal Metrology Act, 2009: Compounding of offences
- Section 49 of the Legal Metrology Act, 2009: Offences by companies and nominated director
- Section 51 of the Legal Metrology Act, 2009: Exclusion of IPC and CrPC
- Reply to Show Cause Notice -- Legal Metrology Draft
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 50) and the Jan Vishwas (Amendment of Provisions) Act, 2026 (in force only from the date the Central Government notifies), and 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.