Sections 52 and 53 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.
Most of the detail of legal metrology sits in rules, not in the Act. Section 52 empowers the Central Government to make rules (for example the Packaged Commodities Rules and General Rules, 2011); section 53 empowers each State Government to make its own rules, for matters such as licence fees, registers and verification fees. Each section lets the rules make a breach punishable by a fine up to Rs 5,000. The Jan Vishwas Act, 2026 changes both fines into a penalty with suspension or revocation; it is not in force until notified.
Section 52: the Central Government may make rules by notification for carrying out the Act, on the matters in section 52(2)(a) to (s), and may provide that breach of a rule is punishable with a fine up to Rs 5,000 (section 52(3)); rules are laid before Parliament for thirty days. Section 53: the State Government may, after consultation with the Central Government and after previous publication, make rules on (a) to (f) and may provide a fine up to Rs 5,000 (section 53(3)). The 2023 Act does not amend them. The 2026 Act, once notified, replaces the Rs 5,000 fines with a penalty up to Rs 5 lakh (Central) and Rs 1 lakh (State), plus suspension or revocation, and replaces "licence" with "registration certificate" in section 53(2)(c).
The three layers of law
Keep the layers apart:
| Layer | Source | Examples |
|---|---|---|
| Parent Act | Legal Metrology Act, 2009 | Duties and penalties |
| Central delegated legislation | Rules under section 52 | Packaged Commodities Rules, 2011 (made under section 52(1) read with clauses (j) and (q) of (2), per the rules' preamble); General Rules, 2011 |
| State delegated legislation | Rules under section 53 | State licence rules, fees, registers |
State rules are not in our sources. Where a licence, fee, form or register is State-specific, this article says so and does not describe it. If you need to know which layer a particular requirement comes from, a legal consultation can trace it to the section and rule.
Section 52: Central rules
Section 52(1): the Central Government may, by notification, make rules "for carrying out the provisions of this Act". Section 52(2) lists particular matters "without prejudice to the generality" of that power. Grouped:
| Topic | Clauses of section 52(2) |
|---|---|
| Units, standards and their verification | (a) base units and base unit of mass (s.5(2)); (b) preparation of objects and equipment (s.7(3)); (c) physical characteristics, tolerances, period of re-verification and test methods (s.7(4)); (d), (e) reference, secondary and working standards, and their verification and fee (s.9) |
| Transactions and quantities | (f) weight, measure or number for transactions (s.10); (j) standard quantities and the manner of declarations on packages (s.18(1)); (q) error in net quantity (s.36(2)) |
| Officers and training | (g) qualifications of the Director and officers (s.13(2)); (h) qualifications of the Controller and officers (s.14(2)); (l) the Institute: management, staff, courses, admission (s.21(2)) |
| Seizure | (i) manner of disposal of goods (s.15(3)) |
| Importers, approval, test centres | (k) registration of importers and fee (s.19); (m) approval of models: manner, fee, authority (s.22); (n) kinds of weights or measures verified through Test Centres (s.24(2)); (o), (p) notification of Test Centres and their staff, fees and terms (s.24(3), (4)) |
| Compounding and company nomination | (r) fee for compounding (s.48(1)); (s) form and manner of notice to the Director or Controller for nominating a director (s.49(2)) |
Clause (j) and clause (q) are the source of the Packaged Commodities Rules. The General Rules cover matters such as periodic re-verification and the nomination format in rule 29; see section 49.
Section 52(3): breach of a rule
"In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to five thousand rupees."
The power is permissive ("may provide"). In the Packaged Commodities Rules, rule 32 (as substituted with effect from 1 January 2018) uses it: "Whoever contravenes any provisions of these rules, for which no punishment is provided, shall be punished with fine of five thousand rupees." Earlier versions of rule 32, shown in the text, had lower amounts (Rs 2,000 and Rs 4,000). Rules under section 52(3) are also on the compounding lists of section 48; see section 48.
Section 52(4): laying before Parliament
Every Central rule is laid, as soon as may be after it is made, before each House of Parliament while in session for thirty days, in one session or two or more successive sessions. If before the expiry of the session immediately following, both Houses agree to modify the rule, or agree that it should not be made, it has effect only in modified form or not at all, without prejudice to anything previously done under it.
Section 53: State rules
Section 53(1): the State Government "may, by notification, and after consultation with the Central Government, make rules to carry out the provisions of this Act". Section 53(2) lists:
| Clause | Matter | Linked section |
|---|---|---|
| (a) | Time within which a weight or measure may be got verified under the proviso to section 16(1) | s.16 |
| (b) | Registers and records to be maintained by persons in section 17(1) | s.17 |
| (c) | Form, manner, conditions, period, area of jurisdiction and fees for the licence under section 23(2) | s.23 |
| (d) | Fee for verification and stamping under section 24(1) | s.24 |
| (e) | Manner of notifying Government approved Test Centres, terms and fees | s.24(3) |
| (f) | Fee for compounding of offences under section 48(1) | s.48 |
Sub-section (3) mirrors section 52(3): State rules may make breach punishable with a fine up to Rs 5,000. Sub-section (4): the power is subject to rules being made after previous publication in the Official Gazette. Sub-section (5): every State rule is laid before each House of the State Legislature (or the one House).
Why this matters to a business: the State rules decide the details of licences, fees, registers and the verification window after seizure. For example, section 53(2)(a) lets a State prescribe the time for getting a seized instrument verified under the proviso to section 16(1); rule 23 of the General Rules (a Central rule) gives ten days, so check whether your State has prescribed a period of its own. The sources do not include State rules, licence fees or State forms, so this article does not describe them. See our articles on section 16, section 17 and section 23.
The three layers of amendment
| Layer | Section 52(3) and section 53 |
|---|---|
| 1. As enacted in 2010 | Breach of a rule punishable with fine up to Rs 5,000 (Central and State) |
| 2. Jan Vishwas Act, 2023 (in force; item 40) | Not amended. The item lists sections 25, 27, 28, 29, 31, 34, 35 and 48 |
| 3. Jan Vishwas Act, 2026 (Act 8 of 2026; in force only from the date the Central Government notifies; item 66(Y) and (Z)) | 52(3): "punishable with fine which may extend to five thousand rupees" replaced by "shall liable to penalty which may extend to five lakh rupees and suspension, or as the case may be, revocation". 53(2)(c): "licence" becomes "registration certificate". 53(3): replaced by "shall liable to penalty which may extend to one lakh rupees and suspension, or as the case may be, revocation" |
The amending text reads "shall liable to penalty", which appears to omit "be" before "liable"; we report it as printed. What is to be suspended or revoked (for example a registration certificate) is not spelled out; check the notification. The 2026 Act also brings breaches of State rules under section 53(3) into the compounding section (substituted section 48(1)). Until notification, the Rs 5,000 fines stand.
Checking whether a rule binds you
| Question | Where to look |
|---|---|
| Is the requirement in the Act? | The Act text; then whether it says "as may be prescribed" |
| Is it in a Central rule? | Packaged Commodities Rules or General Rules (and any later amendment) |
| Is it State-specific (licence, fee, register)? | Your State's rules under section 53 |
| What is the penalty for breach? | The rule itself, under section 52(3) or 53(3), or a section of the Act |
Example 1. A packer breaches a rule of the Packaged Commodities Rules that has no separate penalty. The rule-breach fine under rule 32 of those rules applies, which is what section 52(3) permits.
Example 2. A dealer wants to know the licence fee. Section 23(2) and section 53(2)(c) leave that to State rules; the Act does not fix it, and our sources do not reproduce State fees.
Need help tracing a rule?
When a requirement could sit in the Act, a Central rule or a State rule, the wrong layer leads to the wrong fix. Our legal consultation service can trace the source and check for later amendments. Bring the notice or the requirement you are trying to satisfy.
Key takeaways
- Section 52 empowers Central rules (for example the Packaged Commodities Rules and General Rules); section 53 empowers State rules for licences, fees, registers and verification timing.
- Each allows the rules to make breach punishable with a fine up to Rs 5,000.
- Central rules are laid before Parliament for thirty days; State rules need previous publication and are laid before the State Legislature.
- The 2023 Act does not amend these sections; the 2026 Act, once notified, substitutes a penalty with suspension or revocation and changes "licence" to "registration certificate" in section 53(2)(c).
- State rules, fees and forms are not in our sources.
Read next
- Section 51 of the Legal Metrology Act, 2009: Exclusion of IPC and CrPC
- Sections 54 and 55 of the Legal Metrology Act, 2009: Delegation and exempted weights and measures
- Rule 1 and 3 of the Legal Metrology (Packaged Commodities) Rules, 2011: Commencement and applicability
- Legal Metrology (Packaged Commodities) Rules 2011 -- Overview
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 52 and 53) 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) and 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.