Sections 9 and 10 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 9 sets up the three-tier chain of standards (reference, secondary, working) that every verified weight and measure ultimately traces back to, and says a standard that is not verified and stamped is not a valid standard. Section 10 lets the rules prescribe the weight, measure or number in which transactions in particular goods must be made.
Reference, secondary and working standards are such as may be prescribed (section 9(1)). Each must be verified and stamped in the prescribed manner on payment of the prescribed fee (section 9(2)), and one that is not is not deemed to be a valid standard (section 9(3)). Section 10 says any transaction, dealing or contract in goods, a class of goods or undertakings shall be made by the weight, measure or number prescribed; breach is punishable under section 28.
Section 9: the three tiers of standards
| Sub-section | Effect |
|---|---|
| 9(1) | The reference standards, secondary standards and working standards of weights and measures shall be such as may be prescribed |
| 9(2) | Every such standard must be verified and stamped in the prescribed manner and after payment of the prescribed fee |
| 9(3) | A standard not verified and stamped under sub-section (2) "shall not be deemed to be a valid standard" |
The Act does not define the tiers in words. It leaves them to the rules, and section 52(2)(d) and (e) are the rule-making powers for the standards themselves and for their verification and stamping. In the General Rules, 2011:
- rule 3 covers reference standards, rule 4 secondary standards and rule 5 working standards, each by pointing to schedules that lay down denomination, material, design and maximum permissible error;
- rule 6 allows the Central Government to specify any other reference, secondary or working standard by notification.
Each of rules 3 to 5 deals with standard weights, standard metre bars and standard capacity measures, and says that the maximum permissible error is to be as specified in the relevant part of the Schedule "on verification or re-verification" (for weights and capacity measures, "after adjustment"). Read the text of the rule for the particular standard. Our article on rules 3, 4, 5 and 6 of the General Rules goes through them.
What "valid standard" means in practice
Section 9(3) is blunt: an unverified, unstamped standard is not a valid standard. So it cannot be the benchmark against which a working instrument is checked. This works alongside section 24, under which everyone who has a weight or measure for use in a transaction or for protection must have it verified before use (see section 24). The chain matters because the legal force of a stamp on a shop's scale depends on the standards used to verify it.
The General Rules also deal with the balances used to check standards: a reference standard balance must be verified at least once in six months (rule 7(3)), a secondary standard balance at least once in one year (rule 8(3)) and a working standard balance at least once in a year (rule 9(3)). These are equipment rules made under the Act's general rule-making power, not part of section 9 itself.
If you run a laboratory, a test centre or a manufacturing unit with its own standards, a legal consultation can help you confirm which verification and record obligations apply to you.
Section 10: weight, measure or number for particular transactions
Section 10 reads: "Any transaction, dealing or contract in respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as may be prescribed."
Three points:
- It works through rules. The Act itself does not say which goods are sold by weight, which by volume and which by number. Section 52(2)(f) is the rule-making power for "the weight or measure or number in which any transaction, dealing, or contract in respect of any goods, class of goods or undertakings shall be made under section 10".
- It covers more than retail. The section speaks of "transaction, dealing or contract", and "transaction" is defined in section 2(u) to include any contract (sale, purchase, exchange or any other purpose), the assessment of royalty, toll, duty or other dues, and the assessment of work done, wages due or services rendered.
- Packaged goods have a parallel rule. For pre-packaged commodities, rule 12(2) of the Packaged Commodities Rules says that, except for commodities in the Fourth Schedule, the declaration of quantity must be in terms of mass for solid, semi-solid or viscous goods, length for goods sold by linear measure, area for goods sold by area, volume for liquids or goods sold by cubic measure, and number for goods sold by number. That rule is made for declarations on packages under section 18, but it shows the same idea at work. The rules are quoted as amended up to March 2022; check later amendments. See rules 11 and 12 of the Packaged Commodities Rules.
Penalty under section 28
Whoever makes a transaction, deal or contract in contravention of the standards specified under section 10 is punishable under section 28. As enacted, the fine could extend to Rs 10,000 and a second or subsequent offence carried imprisonment up to one year, or fine, or both. The Jan Vishwas (Amendment of Provisions) Act, 2023 (in force) replaced that with a fine of up to Rs 50,000, up to Rs 1 lakh for a second offence and up to Rs 2 lakh for a third and subsequent offence. The Jan Vishwas (Amendment of Provisions) Act, 2026 would change the structure again, using an improvement notice for the first offence; it is in force only from the date the Central Government notifies, so check the notification. Our article on sections 28 and 29 sets out the three layers.
Examples
Example 1: a stamped standard. A test facility uses a working standard weight whose stamp is overdue for re-verification. Under section 9(3) it is not a valid standard, so weights checked against it cannot safely be treated as properly verified.
Example 2: prescribed unit. Rules prescribe that a class of goods is to be dealt in by weight. A seller contracts to supply that class by a measure that is not the prescribed one. The contract is in contravention of section 10, and section 28 applies.
Common mistakes
- Assuming section 9 lists the standards. It only says they are "such as may be prescribed"; the detail is in the General Rules and their schedules.
- Thinking only shops are covered by section 10. It speaks of any transaction, dealing or contract, and "transaction" is broadly defined in section 2(u).
- Quoting the old section 28 penalty. The 2023 Act replaced it, and the 2026 Act's further change is not in force unless notified.
Need help with verification and standards?
If you maintain standards, run a verification facility or supply goods under prescribed units and want your records checked, we can go through the position with you. Start with a legal consultation and bring your latest verification certificates.
Key takeaways
- Reference, secondary and working standards are prescribed by rules (section 9(1)).
- Each standard must be verified and stamped in the prescribed manner and after payment of the prescribed fee; otherwise it is not a valid standard (section 9(2), (3)).
- Section 10 requires transactions in goods to be made by the prescribed weight, measure or number.
- Contravention of section 10 is punishable under section 28, which the 2023 Jan Vishwas Act revised and the 2026 Act would revise again once notified.
- Sections 9 and 10 themselves are not amended by the Jan Vishwas Acts.
Read next
- Verification and Stamping of Weights and Measures
- Sections 7 and 8 of the Legal Metrology Act, 2009: Standard units and standard weights and measures
- Sections 11 and 12 of the Legal Metrology Act, 2009: Quoting in standard units and void customs
- Section 24 of the Legal Metrology Act, 2009: Verification, stamping and test centres
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), the Legal Metrology (General) Rules, 2011 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.