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Sections 56 and 57 of the Legal Metrology Act, 2009: Saving of existing officers and repeal of earlier laws

Section 56(1): a Director, Controller or legal metrology officer appointed before the commencement of the rules is deemed appointed under section 13(1) or 14(1), even if the rules...

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Legal Metrology
Published
September 30, 2026
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Oct 7, 2026
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Last updated: October 2026Verified against: Government sources

Sections 56 and 57 are the transitional provisions. Section 56 protects officers appointed before the new rules and keeps State rules made under the 1985 Act alive until the State makes new ones. Section 57 repeals the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985, while continuing notifications, rules, orders, registrations, licences and approvals made under them. The Jan Vishwas Acts of 2023 and 2026 do not amend either section.

Commencement: when these sections bite

As the footnote to section 1(3) records, the Act came into force on 1 March 2011 by S.O. 1(E) dated 31 December 2010. If you hold a pre-2011 document and are unsure of its status, a legal consultation can trace it. See sections 1 to 3. The transitional sections speak "immediately before the commencement of the rules" (section 56(1)) and "at the commencement of this Act" (section 57), so they look to those two dates.

Section 56(1): existing officers

"Every Director, Controller and legal metrology officer appointed immediately before the commencement of the rules made under this Act, shall be deemed to have been appointed under sub-section (1) of sections 13 and 14, notwithstanding any rule prescribing different qualifications."

  • Who: the Director, the Controller and legal metrology officers then in office.
  • Effect: they are deemed appointed under section 13(1) (Central) or section 14(1) (State), so their powers under the Act flow from those sections. See section 13 and section 14.
  • Qualifications: the rules may prescribe qualifications (section 52(2)(g) and (h)); those new qualifications do not displace officers already appointed. General Rules, rule 28 deals with qualifications; its detail is not needed here, but note that it refers to the basic training course at the Indian Institute of Legal Metrology, Ranchi, for newly appointed officers.
  • For traders: an officer who was in service before the rules came in cannot be challenged on the ground that he lacks the newly prescribed qualification. A challenge to authority would have to rest on other grounds.

Section 56(2): State rules under the 1985 Act

"The rules made by a State Government under the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985) which are in force immediately before the commencement of this Act shall remain in force until the State Government, makes rules in that behalf."

So older State rules continued to apply until the State made rules under section 53 of the new Act. They are not reproduced in our sources; whether a particular old State rule still operates depends on whether your State has since made rules on that subject.

Section 57: repeal and continuity

Sub-sectionEffect
(1)The Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985) are repealed
(2)Without prejudice to the General Clauses Act, 1897 on repeals, any notification, rule or order made under those Acts, if in force at commencement, continues and has effect as if made under the corresponding provision of the new Act
(3)Notwithstanding the repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under the old laws, if in force at commencement, continues and has effect as if made, issued or given under the corresponding provisions of the new Act

What this means for old licences and approvals

A licence, registration or approval issued under the 1976 or 1985 Act and still in force on 1 March 2011 was carried forward as if issued under the matching provision of the 2009 Act. The section does not say how long such a document lasts; its own validity period continues to be governed by its terms and the new rules. For present-day licences, see our articles on section 23 and the manufacturer licence.

What it does not say

  • It does not state that every old rule survives forever. Section 57(2) continues a rule "if in force" at commencement and treats it as made under the "corresponding provision"; a later rule on the same subject would prevail over an inconsistent old one. See our article on sections 1 to 3 for how the Act relates to other laws.
  • It does not list which rules or notifications it means. Each has to be checked against its own terms.
  • The repeal is of two Acts only. The Central rules under the old Acts were dealt with by the rules themselves: General Rules, rule 30, repealed the Standards of Weights and Measures (General) Rules, 1987 with savings, and Packaged Commodities Rules, rule 34, repealed the Standards of Weights and Measures (Packaged Commodities) Rules, 1977 with savings. See rules 1 and 3 of the Packaged Commodities Rules.
  • There is no savings rule for conduct under the old Acts in section 57 beyond what is stated; it speaks of things "made, issued or given". The General Rules and the Packaged Commodities Rules have their own savings for penalties, forfeitures and proceedings under the repealed rules. Check them for past conduct.

The three layers

LayerSections 56 and 57
1. As enacted in 2010The 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
3. Jan Vishwas Act, 2026 (Act 8 of 2026; in force only from the date the Central Government notifies; item 66)Not amended. The item lists sections 2(ea), 15, 23, 25 to 32, 34 to 41, 45 to 48, 50, 52 and 53

Why these old sections still matter

SituationRelevance
A trader holds a document whose origin pre-dates 2011Section 57(3) may have carried it forward; check its terms and renewals. A legal consultation can trace how it was carried forward
A State rule on registers or fees dates from the 1985 Act eraSection 56(2) kept it alive until the State made new rules; check whether your State has done so
An officer's authority is questioned on qualification groundsSection 56(1) deems existing officers validly appointed
A student asks what happened to the 1976 ActRepealed by section 57(1)

Example 1. A weighing-machine dealer says his old State licence from before 2011 was never replaced. Section 57(3) says a licence in force at commencement continued as if issued under the new Act. Whether it has since lapsed or needed renewal depends on its terms and on the State rules; the section itself does not keep it alive indefinitely.

Example 2. A State still applies a rule made under the 1985 Act about registers. Section 56(2) kept it in force only until the State made rules; the trader should check whether the State has made fresh rules under section 53(2)(b).

Need help tracing an older document or rule?

Transitional provisions are easy to overlook. Our legal consultation team can help work out whether an older licence, approval or State rule still applies, and what to do about renewal. Bring the old document, any renewal receipts and your State's current rules.

Key takeaways

  • Section 56(1) deems existing Directors, Controllers and legal metrology officers validly appointed despite new prescribed qualifications.
  • Section 56(2) keeps State rules under the 1985 Act alive until the State makes rules under the new Act.
  • Section 57 repeals the 1976 and 1985 Acts and continues notifications, rules, orders, registrations, licences, approvals and similar instruments in force at commencement.
  • The Act commenced on 1 March 2011.
  • Neither section is amended by the 2023 or 2026 Jan Vishwas Act.

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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); sections 56 and 57 are not amended by either Act. Also based on 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.

Quick recapKey facts & short answers

Key Facts About Sections 56 and 57

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Which Acts were repealed?

The Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985.

Did old licences survive the repeal?

Those in force at commencement continued as if issued under the corresponding provision of the new Act (section 57(3)).

A penalty is the visible cost of a delay; the lost time and credibility are the larger part.

— TaxClue Compliance Desk

Sections 56 and 57: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

The Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985.

Those in force at commencement continued as if issued under the corresponding provision of the new Act (section 57(3)).

Under section 56(2), State rules under the 1985 Act remained in force until the State made new rules. Check your State.

Not if he was appointed before the rules commenced; section 56(1) deems him validly appointed.

On 1 March 2011, by S.O. 1(E) dated 31 December 2010, as the footnote to section 1(3) records.

No.