THE STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985
ACT NO. 54 OF 1985
[4th September, 1985.]
An Act to provide for the enforcement of the standards of weights and
measures established by or under the Standards of Weights and Measures
Act, 1976, and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Thirty-sixth Year of the
Republic of India as follows:--
CHAP
PRELIMINARY
CHAPTER I
PRELIMINARY
1.
Short title, extent and commencement.
1. Short title, extent and commencement. (1) This Act may be
called the Standards of Weights and Measures (Enforcement) Act, 1985.
(2) It extends to the whole of India.
(3) It shall come into force in a State on such date as the State
Government may, by notification, appoint, and different dates may be
appointed for different provisions thereof, in or in relation to,
different--
(a) areas in the State; or
(b) classes of undertakings in the State; or
(c) classes of goods produced, sold, distributed, marketed
or transferred in the State; or
(d) classes of services rendered in the State; or
(e) classes of weights and measures manufactured, sold,
distributed, marketed, transferred, repaired or used in the
State; or
(f) classes of users of weights and measures in the State,
and any reference in any such provision to the commencement of
this Act shall be construed as a reference to the coming into
force of this Act, or, as the case may be, of that provision, in
such areas or in respect of such classes of undertakings, goods,
services, classes of weights and measures or classes of users of
weights and measures, in relation to which, or whom, this Act has
been brought into force.
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2.
Act not to apply to inter-State trade or commerce.
2. Act not to apply to inter-State trade or commerce. Nothing in
this Act shall apply to any inter-State trade or commerce in--
(a) any weight or measure, or
(b) any other goods which are sold, delivered or distributed
by weight, measure or number.
3.
Definitions.
3. Definitions. In this Act, unless the context otherwise
requires,--
(a) "Additional Controller" includes a Joint Controller,
Deputy Controller and an Assistant Controller appointed under
section 5;
(b) "authorised seal or stamp" means a seal or stamp made
under, and in accordance with, the provisions of this Act;
(c) "Controller" means the Controller of Legal Metrology
appointed under section 5;
(d) "counterfeit", in relation to a seal or stamp, means a
seal or stamp which is so made as to resemble an authorised seal
or stamp, as the case may be, intending by that resemblance to
practise deception, or knowing it to be likely that deception
will thereby be practised.
Explanation I.--It is not essential that the resemblance of
the counterfeit seal or stamp to the authorised seal or stamp
should be exact.
Explanation II.--When a person causes a counterfeit seal or
stamp to resemble an authorised seal or stamp and the resemblance
is such that if a person relies on such seal or stamp, he might
be deceived thereby, it shall be presumed, until the contrary is
proved, that the person so causing the seal or stamp to resemble
the authorised seal or stamp intended by means of that
resemblance to practise deception or knew it to be likely that
deception would thereby be practised;
(e) "heap" means any unit of a commodity for sale where such
sale is intended to be made without any weighment or measurement
or, where the sale is made by number, without counting the
number;
(f) "Inspector" means a person who is appointed as such
under section 5, by whatever name called;
(g) "mint" means a mint of the Central Government;
(h) "notification" means a notification published in the
Official Gazette;
(i) "prescribed" means prescribed by rules made under this
Act;
(j) "protection" means the utilisation of any weight or
measure, or any reading obtained with the help of any weight or
measure, for the purpose of determining whether or not any step
is required to be taken to safeguard the well-being of any human
being or animal, or to protect any commodity, vegetation or
thing, whether individually or collectively;
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(k) "Standards Act" means the Standards of Weights and
Measures Act, 1976 (60 of 1976);
(l) "standard weight or measure" means a weight, measure or
number which conforms to the standards established in relation
thereto by or under the Standards Act;
(m) "State Act" means the Act enacted by the Legislature of
a State for the enforcement of the standards established by or
under the Standards of Weights and Measures Act, 1956 (89 of
1956);
(n) "State Government", in relation to a Union territory,
means the Administrator thereof;
(o) words and expressions used in this Act and not defined
but defined in the Standards Act shall have the meanings
respectively assigned to them in that Act.
4.
Provisions of this Act to override the provisions of any other lawexcept
the Standards Act.
4. Provisions of this Act to override the provisions of any other
law except the Standards Act. The provisions of this Act shall have
effect notwithstanding anything inconsistent therewith contained in
any enactment other than this Act and the Standards Act or in any
instrument having effect by virtue of any enactment other than this
Act or the Standards Act.
CHAP
APPOINTMENT OF CONTROLLERS, INSPECTORS AND OTHER OFFICERS
CHAPTER II
APPOINTMENT OF CONTROLLERS, INSPECTORS AND OTHER OFFICERS
5.
Appointment of Controllers, Inspectors and other officers and staff.
5. Appointment of Controllers, Inspectors and other officers and
staff. (1) The State Government may, by notification, appoint a
Controller of Legal Metrology for the State and as many Additional,
Joint, Deputy or Assistant Controllers, Inspectors, and other officers
and staff as may be necessary for exercising the powers, and
efficiently discharging the duties, conferred or imposed on them by or
under this Act or the Standards Act.
(2) Every Additional Controller, Inspector or other officer,
appointed under sub-section (1), shall exercise such powers and
discharge such functions of the Controller as the State Government
may, by notification, authorise in this behalf.
(3) The Controller may, by general or special order, define the
local limits within which each Additional Controller, Inspector or
other officer, appointed under sub-section (1), shall exercise his
powers and discharge the duties conferred or imposed on him by or
under this Act.
(4) Subject to the provisions of this Act, every Additional
Controller, Inspector and other officer appointed under sub-section
(1), shall exercise his powers and discharge the duties of his office
under the general superintendence, direction and control of the
Controller and shall exercise those powers and discharge those duties
in the same manner and with the same effect as if they had been
conferred or imposed on him directly by or under this Act and not by
way of authorisation.
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(5) The Controller and every Additional Controller and other
officer authorised by or under this Act may also--
(a) perform all or any of the functions of, and
(b) exercise all or any of the powers conferred by this Act
or any rule or order made thereunder, on, an Inspector.
6.
Power to authorise Inspector to adjust weights or measures.
6. Power to authorise Inspector to adjust weights or measures.
Where the Controller is of opinion that it is necessary so to do, he
may, by an order in writing, authorise any officer not below the rank
of an Inspector, to adjust any weight or measure in any area within
the local limits of his jurisdiction.
7.
Controller and officers appointed under this Act to be publicservants.
7. Controller and officers appointed under this Act to be public
servants. (a) The Controller and every Additional Controller, and
every Inspector, and
(b) every other officer authorised by or under this Act to
perform any duty, shall be deemed to be a public servant within
the meaning of section 21 of the Indian Penal Code (45 of 1860).
8.
Protection of action taken in good faith.
8. Protection of action taken in good faith. No suit, prosecution
or other legal proceeding shall lie against the Controller, any
Additional Controller, Inspector or any other person authorised by or
under this Act to exercise any power or to perform any duty in respect
of anything which is in good faith done or intended to be done under
this Act or the Standards Act or any rule or order made under either
of the Acts aforesaid.
CHAP
GENERAL PROVISIONS IN RELATION TO STANDARD WEIGHTS AND MEASURES
CHAPTER III
GENERAL PROVISIONS IN RELATION TO STANDARD WEIGHTS AND MEASURES
9.
Prohibition of use of weights and measures other than standard weightsand
measures.
9. Prohibition of use of weights and measures other than standard
weights and measures. (1) Notwithstanding any custom, usage or method
of whatever nature, no weight or measure, other than the standard
weight or measure, shall be used or kept in any premises in such
circumstances as to indicate that such weight or measure is intended,
or is likely to be used, for any weighment or measurement.
(2) On and from the commencement of this Act, no weight, measure
or number, other than the standard weight or measure shall be used in,
or form the basis of, any contract or other agreement in relation to
any trade, commerce, production or protection.
(3) Any contract or other agreement, which contravenes the
provisions of sub-section (2), shall be void.
10.
Use of weights only or measures only in certain cases.
10. Use of weights only or measures only in certain cases. (1)
The State Government may, by rules made in this behalf, direct that in
respect of the classes of goods, services or undertakings or users
specified therein--
(a) no transaction, dealing or contract shall be made or
had, or
(b) no industrial production shall be undertaken, or
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(c) no use for protection shall be made, except by such
weight, measure or number as may be specified therein.
(2) Any rule made under sub-section (1) shall take effect in such
area, from such future date and subject to such conditions, if any, as
may be specified therein.
11.
Prohibition of quotations, etc., otherwise than in terms of standardweight or
measure.
11. Prohibition of quotations, etc., otherwise than in terms of
standard weight or measure. Except where he is permitted under the
Standards Act so to do, no person shall, in relation to any goods or
things which are sold, transferred, distributed or delivered, or any
service rendered--
(a) quote, or make announcement of, whether by word of mouth
or otherwise, any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or
other document, or
(c) mention any weight or measure in any advertisement,
poster or other document, or
(d) indicate the weight, measure or number of the net
contents of any package on the package itself or on any label,
carton or other thing, or
(e) express, in relation to any transaction, industrial
production or protection, any quantity or dimension, otherwise
than in accordance with the standard weight or measure.
CHAP
CUSTODY AND VERIFICATION OF STANDARD EQUIPMENTS
CHAPTER IV
CUSTODY AND VERIFICATION OF STANDARD EQUIPMENTS
12.
Custody and verification of reference standards.
12. Custody and verification of reference standards. Every
reference standard shall be kept at such place and in such custody as
may be prescribed, and no such reference standard shall be deemed to
be a reference standard and shall be used as such unless it has been
verified, authenticated and maintained in accordance with the rules
made under the Standards Act.
13.
Preparation of secondary and working standards.
13. Preparation of secondary and working standards. The State
Government may cause to be prepared at the metrological wing of the
mint at Bombay, as many sets of secondary standards or working
standards as it may think necessary:
Provided that where the mint intimates the State Government in
writing that it is unable to prepare any secondary standard or working
standard, that Government may cause such secondary standard or working
standard to be prepared by such organisation as the Central Government
may, on a reference made to it by the State Government, by
notification, specify in this behalf.
14.
Verification, stamping and custody of secondary or working standards.
14. Verification, stamping and custody of secondary or working
standards. (1) Every secondary standard or working standard referred
to in section 13, shall conform to the standards established by or
under the Standards Act and shall be verified--
(a) in the case of a secondary standard, at any one of the
places where reference standards are maintained, against the
appropriate reference standard;
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(b) in the case of a working standard, at any one of the
places where secondary standards are maintained, against the
appropriate secondary standard, in such manner and at such
periodical intervals as may be specified by or under the
Standards Act and shall, if found on such verification to conform
to the standards established by or under that Act, be stamped.
(2) Where any secondary standard or working standard is stamped
under sub-section (1), a certificate shall be separately issued
showing the date on which such weight or measure was stamped.
(3) Every verification and stamping referred to in sub-section
(1) shall be made by such person or authority as may be specified by
or under the Standards Act.
(4) A secondary standard or working standard which is not
verified and stamped in accordance with the provisions of sub-section
(1) and sub-section (3) shall not be deemed to be a secondary standard
or working standard, as the case may be, and shall not be used for the
verification of any working standard or, as the case may be, for the
verification of any weight or measure.
(5) Every verified secondary standard and every verified working
standard shall be kept at such place and in such custody as may be
prescribed.
15.
Secondary or working standard which may not be stamped.
15. Secondary or working standard which may not be stamped. (1)
Where the State Government is of opinion that by reason of the size or
nature of any secondary standard or working standard, it is not
desirable or practicable to put a stamp thereon, it may direct that
instead of putting a stamp on such secondary standard or working
standard, a certificate may be issued to the effect that such
secondary standard or working standard conforms to the standards
established by or under the Standards Act and every secondary standard
or working standard so certified shall be deemed to have been duly
stamped under this Act on the date on which such certificate was
issued.
(2) Every certificate referred to in sub-section (1) shall be in
such form as may be prescribed and shall contain such details as to
enable a clear identification of the weight or measure to which it
relates.
CHAP
REGISTRATION OF USERS OF WEIGHTS AND MEASURES
CHAPTER V
REGISTRATION OF USERS OF WEIGHTS AND MEASURES
16.
Persons using weights or measures for transactions or
industrialproduction or for protection to get themselves registered.
16. Persons using weights or measures for transactions or
industrial production or for protection to get themselves registered.
No person, not being an itinerant vendor, shall use any weight or
measure in any transaction or for industrial production or for
protection unless he is registered in accordance with the provisions
of this Chapter.
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17.
Procedure of registration.
17. Procedure of registration. (1) Every person, who intends to
commence, or carry on, the use of any weight or measure in any
transaction or for industrial production or for protection, shall
make, within such time and containing such particulars as may be
prescribed, an application for the inclusion of his name in a register
to be maintained for the purpose (hereinafter in this section referred
to as the "Register of Users").
(2) The Register of Users shall be maintained in such form and in
such manner as may be prescribed.
(3) The application referred to in sub-section (1) shall be made
to the Controller or to such other person as the Controller may, by
general or special order in writing, authorise in this behalf and
every such application shall be made in such form, in such manner and
on payment of such fee as may be prescribed.
(4) On receipt of the application referred to in sub-section (1),
the Controller or the person authorised by him shall include the name
of such person in the Register of Users and issue to the applicant a
certificate to the effect that his name has been so included.
(5) A certificate issued under sub-section (4) shall be valid for
the period specified therein and may be renewed from time to time for
such further period and on payment of such fee as may be prescribed.
18.
Punishment for non-registration.
18. Punishment for non-registration. Whoever uses, after the
expiry of the period prescribed under sub-section (1) of section 17,
any weight or measure in any transaction or for industrial production
or for protection shall, unless he is registered in accordance with
the provisions of this Chapter, be punishable with fine which may
extend to five hundred rupees, and for the second or subsequent
offence, with imprisonment for a term which may extend to six months,
or with fine, or with both.
CHAP
MANUFACTURE, REPAIR OR SALE OF WEIGHTS OR MEASURES
CHAPTER VI
MANUFACTURE, REPAIR OR SALE OF WEIGHTS OR MEASURES
19.
Prohibition on the manufacture, repair or sale of weights or measureswithout
licence.
19. Prohibition on the manufacture, repair or sale of weights or
measures without licence. (1) No person shall make, manufacture,
repair or sale, or offer, expose or possess for repair or sale, any
weight or measure unless he holds a valid licence issued in this
behalf by the Controller authorising such person to do so:
Provided that a person who bona fide repairs any weight or
measure owned and possessed by him shall not be required to take out a
licence referred to in this sub-section.
(2) Every licence issued under this section--
(a) Shall be
(i) in such form,
(ii) issued on payment of such fees, and
(iii) valid for such period, as may be prescribed,
(b) may be renewed from time to time, and
(c) may contain such conditions and restrictions as may be
prescribed.
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(3) Every licence issued under the State Act shall, if in force
immediately before the commencement of this Act, continue to be in
force until the expiry of the period of its validity, or until the
cancellation thereof, whichever is earlier, and may be renewed under
this Act after the expiry of the period of its validity, if an
application for such renewal is made in the prescribed form at least
one month before the expiry of the period of validity of the licence.
(4) Every person who intends to commence business, after the
commencement of this Act, as a maker, manufacturer, repairer or seller
of any weight or measure, shall make an application in such form and
on payment of such fees as may be prescribed, for the issue of a
licence to him, and every licence so issued may be renewed if an
application for its renewal, accompanied by such fee as may be
prescribed, is made by such person in the prescribed form at least one
month before the expiry of the period of its validity.
(5) The Controller may, if he is satisfied that the maker,
manufacturer, repairer or seller, as the case may be, of any weight or
measure was prevented by sufficient cause from making an application
for the renewal of his licence before the expiry of the period of the
validity thereof, permit him to make the application within a further
period of one month from the date of expiry of the period of such
validity, on payment by him of such further fee, not exceeding the fee
which is payable for the issue of the licence.
(6) No application for the issue or renewal of a licence shall be
rejected unless--
(a) the applicant or, as the case may be, the holder of the
licence has been given a reasonable opportunity of showing cause
against the proposed action, and
(b) the Controller is satisfied that--
(i) the application has not been made within the time
specified in this section, or
(ii) the applicant has made any statement in, or in
relation to, the application for the issue or renewal of the
licence which is incorrect or false in material particulars,
or
(iii) the applicant has contravened any provision of
the Standards Act or of any State Act or of this Act or of
any rule or order made under the Standards Act, State Act or
this Act.
(7) The Controller may require every repairer licensed under this
Act to furnish to the State Government security for such sum, not
exceeding two hundred rupees, as may be prescribed.
(8) Nothing contained in this section shall apply to the sale by
a user (who is not a maker, manufacturer, dealer or repairer) of any
weight or measure:
Provided that no sale of any weight or measure of the prescribed
description shall be made except with the written permission of the
Controller.
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(9) Every licence issued or renewed under this Act shall be
displayed in a conspicuous place in the premises where the licensee
carries on his business.
20.
Suspension and cancellation of licence.
20. Suspension and cancellation of licence. (1) The Controller
may, if he has any reasonable cause to believe that the holder of any
licence issued, renewed or continued under this Act has made any
statement in, or in relation to, any application for the issue,
renewal or continuance of the licence, which is incorrect or false in
any material particular or has contravened any provision of the
Standards Act or any State Act or this Act or any rule or order made
thereunder, suspend such licence, pending the completion of any
inquiry or trial against the holder of such licence:
Provided that no such licence shall be suspended unless the
holder thereof has been given a reasonable opportunity of showing
cause against the proposed action:
Provided further that where the inquiry or trial referred to in
this sub-section is not completed within a period of three months from
the date of suspension of a licence, such suspension shall, on the
expiry of the period aforesaid, stand vacated.
(2) The Controller may, if he is satisfied, after making such
inquiry as he may think fit, that the holder of a licence has made a
false or incorrect statement of the nature referred to in sub-section
(1), or has contravened any law or order referred to in that sub-
section, cancel such licence:
Provided that no such licence shall be cancelled unless the
holder thereof has been given a reasonable opportunity of showing
cause against the proposed action.
(3) Every person whose licence has been suspended shall,
immediately after such suspension, stop functioning as such licensee
and shall not resume business as such licensee until the order of such
suspension has been, or stands, vacated.
(4) Every licensee whose licence has been suspended or cancelled
shall, after such suspension or cancellation, as the case may be,
surrender such licence to the authority by which such licence was
issued.
(5) Every licensee whose licence has been cancelled shall, within
a period of thirty days from the date of such cancellation, or within
such further period, not exceeding three months from such date, as the
Controller may, on sufficient cause being shown, allow, dispose of the
weights or measures which were in his possession, custody or control
on the date of such cancellation, and in the event of his failure to
do so, the Controller or any other officer authorised by him, in
writing, in this behalf, may seize and dispose of the same and
distribute the proceeds thereof in such manner as may be prescribed.
21.
Manufacture of weights or measures.
21. Manufacture of weights or measures. Save as otherwise
provided in the Standards Act, no person shall--
(a) make or manufacture any weight or measure unless such
weight or measure conforms to the standards established by or
under the Standards Act;
(b) make or manufacture any weight or measure with
indications thereon of any weights or measures in accordance with
any
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unit other than the units of weight or measure specified by or
under the Standards Act.
22.
Prohibition of sale or use of unstamped weights or measures.
22. Prohibition of sale or use of unstamped weights or measures.
No weight or measure shall be sold, or offered, exposed or possessed
for sale, or used or kept for use in any transaction or for industrial
production or for protection unless it has been verified and stamped:
Provided that nothing in this section shall apply to any weight
or measure which has been initially verified and stamped with a
special seal referred to in sub-section (3) of section 41 of the
Standards Act.
23.
Manufacturer, etc., to maintain records and registers.
23. Manufacturer, etc., to maintain records and registers. (1)
Every maker, manufacturer, repairer or dealer and every person using
any weight or measure in any transaction or for industrial production
or for protection shall maintain such records and registers as may be
prescribed, and, if required so to do by an Inspector, shall produce
such records and registers before the Inspector for inspection.
(2) Notwithstanding anything contained in sub-section (1), if the
Controller is of opinion that having regard to the nature or volume of
the business carried on by any maker, manufacturer, dealer, repairer
or user of any weight or measure, it is necessary so to do, he may, by
order, exempt such maker, manufacturer, dealer, repairer or user from
the operation of sub-section (1).
CHAP
VERIFICATION AND STAMPING OF WEIGHTS OR MEASURES
CHAPTER VII
VERIFICATION AND STAMPING OF WEIGHTS OR MEASURES
24.
Verification and stamping of weights or measures.
24. Verification and stamping of weights or measures. (1) Every
person having any weight or measure in his possession, custody or
control in circumstances indicating that such weight or measure is
being, or is intended or likely to be, used by him in any transaction
or for industrial production or for protection, shall, before putting
such weight or measure into such use, have such weight or measure
verified at such place and during such hours as the Controller may, by
general or special order, specify in this behalf (hereinafter referred
to as the specified place or specified time), on payment of such fees
as may be prescribed.
(2) Every weight or measure referred to in sub-section (1) shall
be re-verified at such periodical intervals as may be prescribed.
Explanation.--For the removal of doubts it is hereby declared
that no periodical re-verification shall be necessary in relation to
any weight or measure which is used exclusively for domestic purposes.
(3) Every Inspector shall, for the purpose of verification of any
weight or measure, attend the specified place (within the local limits
of his jurisdiction) at the specified time and verify every weight or
measure which is brought to him at such place and within such time and
shall, if he is satisfied that such weight or measure conforms to the
standards established by or under the Standards Act, put his stamp
thereon:
Provided that where any weight or measure is such that it cannot,
or should not, be moved from its location, the Inspector shall take
such steps for the verification of such weight or measure at the place
of its location as may be prescribed.
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(4) Where any verification has been made under sub-section (3),
the Inspector shall grant to the person referred to in sub-section (1)
a certificate in the prescribed form indicating therein the
particulars of the weight or measure verified and stamped by him.
(5) Where the Controller is of opinion that by reason of the size
of nature of any weight or measure, it is not desirable or practicable
to put a stamp thereon, he may, by an order in writing, direct that
instead of putting a stamp on such weight or measure, a certificate
may be issued to the effect that such weight or measure conforms to
the standards established by or under the Standards Act and every
weight or measure so certified shall be deemed to have been duly
verified and stamped under this Act on the date on which such
certificate was issued.
(6) Every certificate referred to in sub-section (5) shall be in
such form as may be prescribed and shall contain such details as to
enable a clear identification of the weight or measure to which it
relates.
25.
Display of certificate of verification.
25. Display of certificate of verification. Every certificate of
verification granted under this Act shall be displayed in a
conspicuous place in the premises where such weight or measure is
being, or is intended or likely to be, used in any transaction or for
industrial production or for protection.
26.
Validity of weights or measures duly stamped.
26. Validity of weights or measures duly stamped. (1) A weight or
measure which is, or is deemed to be, duly verified and stamped under
this Act shall be deemed to conform to the standards established by or
under the Standards Act at every place within the State in which it is
stamped unless it is found on inspection or verification that such
weight or measure has ceased to conform to the standards established
by or under the Standards Act.
(2) No weight or measure which is, or is deemed to be, duly
verified and stamped under this Act shall require to be re-stamped
merely by reason of the fact that it is being used at any place within
the State other than the place at which it was originally verified and
stamped:
Provided that where a verified weight or measure, installed at
one place, is dismantled and re-installed at a different place, such
weight or measure shall not be put into use unless it has been duly
re-verified and stamped, notwithstanding that periodical re-
verification of such weight or measure has not become due.
(3) Where a verified weight or measure has been repaired, whether
by a licensed repairer or by the person owning and possessing the
same, such weight or measure shall not be put into use unless it has
been duly re-verified and stamped, notwithstanding that periodical re-
verification of such weight or measure has not become due.
CHAP
INSPECTION, SEARCH, SEIZURE AND FORFEITURE
CHAPTER VIII
INSPECTION, SEARCH, SEIZURE AND FORFEITURE
27.
Power to inspect.
27. Power to inspect. (1) An Inspector may, within the local
limits of his jurisdiction, inspect and test at all reasonable times,
any weight or measure which--
(i) is in the possession, custody or control of any person,
or
(ii) is in or on any premises, in such circumstances as to
indicate that such weight or measure is being, or is intended or
likely to be, used in any transaction or for
316
industrial production or for protection, and may also verify
whether such weight or measure is in conformity with the
standards established by or under the Standards Act.
(2) For the purpose of ascertaining the correctness of any weight
or measure used in any transaction, an Inspector may also test the
weight or measure of the article sold or delivered to any person in
the course of such transaction.
28.
Power of Inspector to require production of weight or measure orrecords
for inspection.
28. Power of Inspector to require production of weight or measure
or records for inspection. (1) An Inspector may, if he has any
reasonable cause to believe that an offence punishable under this Act
has been, or is likely to be, committed in respect of any weight or
measure or measure does not conform to the standards established by or
under the Standards Act, require, at all reasonable time, the person
having the custody or control of such weight or measure to produce
before him for inspection every such weight or measure which--
(i) is used by such person or is caused by such person to be
used by any other person, or
(ii) is in the possession, custody or control of such person
for use, or
(iii) is kept in or on any premises for use, in any
transaction or for industrial production or for protection.
(2) The Inspector may also require the production of every
document or other record relating to the weight or measure referred to
in sub-section (1) and the person having the custody of such weight or
measure shall comply with such requisition.
(3) On inspection, whether under section 27 or under this
section, the Inspector shall obliterate the stamp on--
(a) any weight or measure which, being due for verification,
has not been submitted for such verification;
(b) any weight or measure which, since the last verification
and stamping, has been repaired or re-adjusted, and does not,
after such repair or re-adjustment, conform to the standards
established by or under the Standards Act;
(c) any weight or measure which does not admit of proper
adjustment by reason of its being broken, indented or otherwise
defective;
(d) any weight or measure other than those specified in
clause (b) or clause (c) which does not, or cannot be made to,
conform to the standards established by or under the Standards
Act:
Provided that where the Inspector is of opinion that the defect
or error in such weight or measure is not such as to require immediate
obliteration of the stamp, he shall serve a notice on the user of such
weight or measure informing him of the defect or error found in the
weight or measure and calling upon him to remove the defect or error
within such time, not exceeding eight days, as he may specify, and
shall--
(i) if the user fails to remove the defect or error within
that period, obliterate the stamp, or
317
(ii) if the defect or error is so removed as to make the
weight or measure conform to the standards established by or
under the Standards Act, verify such weight or measure and put
his stamp thereon.
Explanation.--The obliteration of the stamp on any weight or
measure shall not take away or abridge the power of the Inspector to
seize such weight or measure in accordance with the provisions of this
Act.
29.
Power of Inspector to enter premises.
29. Power of Inspector to enter premises. An Inspector may, if he
has any reason to believe, whether from any information given to him
by any person and taken down by him in writing or from personal
knowledge or otherwise, that an offence punishable under this Act has
been, or is likely to be, committed in relation to any weight, measure
or other goods which are sold, delivered or distributed by weight,
measure or number, enter, at all reasonable times, into any premises--
(i) where such weight or measure is--
(a) made, manufactured, repaired, or sold, or
(b) used, or kept or believed to be kept for use, in
any transaction or for industrial production or for
protection;
(ii) where such goods are manufactured, packed, distributed
or sold or kept or offered for sale in packaged form, and inspect
or verify any weight or measure or the net contents, by weight,
measure or number, of any package, and may also examine any
document or other record relating thereto.
30.
Power to search.
30. Power to search. (1) Where the Controller has reason to
believe that any weight or measure, liable to be seized under this
Act, or any document or thing in relation to any weight or measure,
will be, in his opinion, useful for or relevant to, any proceeding
under this Act, is secreted in any place, he may search or authorise
any officer, not below the rank of an Inspector, to search for and
seize, such weight or measure, document or thing, and the provisions
of sections 100 and 102 of the Code of Criminal Procedure, 1973 (2 of
1974), shall apply to every such search.
(2) Every authorisation made by the Controller under sub-section
(1) shall be deemed to be a warrant referred to in section 93 of the
Code of Criminal Procedure, 1973 (2 of 1974).
31.
Power of Inspector to seize any weight or measure.
31. Power of Inspector to seize any weight or measure. (1) An
Inspector may seize and detain any weight or measure in relation to
which an offence under this Act is being, or appears to have been,
committed, or which is intended or likely to be used in the commission
of such offence, and may also seize and detain any goods sold or
delivered, or cause to be sold or delivered, by such weight or
measure:
Provided that where any goods seized under this sub-section are
subject to speedy or natural decay, the Inspector may dispose of such
goods in such manner as may be prescribed.
(2) Where any weight, measure or any article is seized and
detained under sub-section (1), the Inspector may also seize and
detain any document or other record relating to such weight, measure
or article.
(3) The provisions of section 102 of the Code of Criminal
Procedure 1973 (2 of 1974) shall apply to every seizure made under
this section.
318
32.
Forfeiture.
32. Forfeiture. Every false or unverified weight or measure
(other than those referred to in section 30 of the Standards Act)
seized under the provisions of this Act shall be liable to be
forfeited to Government:
Provided that such unverified weight or measure shall not be
forfeited to the Government if the person from whom such weight or
measure was seized gets the same verified and stamped within such time
as may be prescribed.
CHAP
PROVISIONS WITH REGARD TO THE SALE AND DISTRIBUTION OF COMMODITIES INPACKAGED
FORM WITHIN THE STATE
CHAPTER IX
PROVISIONS WITH REGARD TO THE SALE AND DISTRIBUTION OF COMMODITIES
IN PACKAGED FORM WITHIN THE STATE
33.
Provisions of the Standards Act and the rules made thereunder relatingto
commodities in packaged form to apply to commodities in packagedform sold or
distributed within the State.
33. Provisions of the Standards Act and the rules made thereunder
relating to commodities in packaged form to apply to commodities in
packaged form sold or distributed within the State. (1) The provisions
of the Standards Act and the rules made thereunder, as in force
immediately before the commencement of this Act, with regard to
commodities in packaged form shall, as far as may be, apply to every
commodity in packaged form which is distributed, sold, or kept,
offered or exposed for sale, in the State as if the provisions
aforesaid were enacted by, or made under, this Act subject to the
modification that any reference therein to the "Central Government",
"Standards Act" and the "Director" shall be construed as references
respectively, to the "State Government", "this Act" and the
"Controller".
(2) The State Government may make rules, not inconsistent with
the Standards Act or any rule made thereunder, to regulate the
packaging of any commodity intended to be sold or distributed, within
the State, in packaged form, or to regulate the sale or distribution,
within the State, of any commodity in packaged form.
Explanation.--For the purposes of this section, "commodity in
packaged form" shall have the meaning assigned to it in the Standards
Act, and shall include a pre-packed commodity.
CHAP
PROVISIONS WITH REGARD TO ANY CUSTOM OR USAGE RELATING TO THE SALE OFANY
COMMODITY, WHETHER BY QUANTITY OR NUMBER, AND SALE OF COMMODITIESBY HEAPS
CHAPTER X
PROVISIONS WITH REGARD TO ANY CUSTOM OR USAGE RELATING TO THE
SALE OF ANY COMMODITY, WHETHER BY QUANTITY OR NUMBER, AND SALE
OF COMMODITIES BY HEAPS
34.
Custom or usage requiring delivery of additional quantities to cease.
34. Custom or usage requiring delivery of additional quantities
to cease. (1) Any custom, usage, practice or method of whatever nature
which permits a person to demand, receive, or cause to be demanded or
received, any quantity of article, thing or service in excess of; or
less than, the quantity specified by weight, measure or number in any
contract or other agreement in relation to the said article, thing or
service, shall be void.
(2) Where in relation to any commodity sold by number, there is a
custom or usage of delivering a fixed number of such commodity in
addition to the number of commodities paid for, such custom or usage
shall, on and from the commencement of this Act, cease.
35.
Sale by heaps.
35. Sale by heaps. (1) Where any commodity is sold by heaps, the
approximate weight, measure or number of the commodity contained in
each heap shall be conspicuously announced by the seller or his agent,
if any, either by word of month or by a written notice placed on each
heap:
319
Provided that no such announcement shall be necessary in the case
of a heap where the total price of the commodity contained in such
heap does not exceed two rupees.
(2) Where, on weighment, measurement or counting of any commodity
sold by heap, it is found that the weight, measure or number,
determined by such weighment, measurement or counting, is less than
the approximate weight, measure or number announced by the seller or
his agent and the deficiency is more than five per cent. of such
announced weight, measure or number, the seller shall be deemed to
have used a false weight or measure.
CHAP
OFFENCES AND PENALTIES
CHAPTER XI
OFFENCES AND PENALTIES
36.
Penalty for manufacturing, etc., of non-standard weights or measures.
36. Penalty for manufacturing, etc., of non-standard weights or
measures, Whoever--
(a) makes or manufactures, or causes to be made or
manufactured (except where he is permitted under the Standards
Act so to do), any weight or measure in accordance with any
standards other than the standards established by or under the
Standards Act, or
(b) (i) sells or otherwise transfers, or causes to be sold
or otherwise transferred, or
(ii) lets, or causes to be let, on hire, any weight or
measure which has been manufactured in accordance with any
standards other than the standards established by or under the
Standards Act, 1*[shall be punished with imprisonment for a term
which shall not be less than three months but which may extend to
one year, and, for the second or subsequent offence, with
imprisonment for a term which shall not be less than six months,
but which may extend to three years, and also with fine].
37.
Penalty for counterfeiting of seals, etc.
37. Penalty for counterfeiting of seals, etc. (1) Whoever--
(i) counterfeits any seal specified by or under this Act or
the Standards Act, or
(ii) sells or otherwise disposes of any counterfeit seal, or
(iii) possesses any counterfeit seal, or
(iv) counterfeits any stamp, specified by or under this Act
or the Standards Act or any rule made under either of those Acts,
or
(v) removes any stamp made, whether under this Act or the
Standards Act or any rule made under either of those Acts, or
tampers with any stamp so made, or
(vi) removes any stamp made, whether under this Act or the
Standards Act or any rule made under either of those Acts, and
affixes the stamp so removed on, or inserts the same into, any
other weight or measure, or
(vii) increases or diminishes or alters in any way any
weight or measure with a view to deceiving any person or knowing
or having reason to believe that any person is likely to be
deceived thereby, 2*[shall be punished with imprisonment for a
term which shall not be less than six months but which may extend
to two years, and, for the second or subsequent offence, with
imprisonment for a term which shall not be less than one year but
which may extend to five years and also with fine.]
---------------------------------------------------------------------
1. Subs. by Act 72 of 1986, S. 2 (w.e.f. 1.7.1987).
2. Subs. by S. 3, ibid. (w.e.f. 1.7.1987).
320
(2) Whoever obtains, by unlawful means, possession of any seal
specified by or under this Act or the Standards Act and uses, or
causes to be used, any such seal for making any stamp on any weight or
measure with a view to representing that the stamp made by such seal
is authorised by or under this Act or the Standards Act 1*["shall be
punished with imprisonment for a term which shall not be less than six
months but which may extend to two years, and for the second or
subsequent offence, with imprisonment for a term which shall not be
less than one year but which may extend to five years and also with
fine]
(3) Whoever, being in lawful possession of a seal specified by or
under this Act or the Standards Act uses, or causes to be used, such
seal without any lawful authority for such use, 1*["shall be punished
with imprisonment for a term which shall not be less than six months
but which may extend to two years, and, for the second or subsequent
offence, with imprisonment for a term which shall not be less than one
year but which may extend to five years and also with fine".]
(4) Whoever sells, or offers or exposes for sale or otherwise
disposes of any weight or measure which, he knows or has reason to
believe, bears thereon a counterfeit stamp, 1*["shall be punished with
imprisonment for a term which shall not be less than six months but
which may extend to two years, and, for the second or subsequent
offence, with imprisonment for a term which shall not be less than one
year but which may extend to five years and also with fine"].
38.
Penalty for sale or delivery of commodities, etc., by nonstandardweight or
measure.
38. Penalty for sale or delivery of commodities, etc., by
nonstandard weight or measure. (1) Except where he is permitted under
the Standards Act so to do, whoever sells, or causes to be sold,
delivers, or causes to be delivered, any commodity, article or thing
by any weight, measure or number other than the standard weight or
measure, 2*["shall be punished with fine which shall not be less than
hundred rupees but which may extend to two thousand rupees, and, for
the second or subsequent offence, with imprisonment for a term which
shall not be less than three months but which may extend to one year
and also with fine"].
(2) Whoever renders, or causes to be rendered, any service in
terms of any weight, measure or number other than the standard weight
or measure, 2*["shall be punished with fine which shall not be less
than five hundred rupees but which may extend to two thousand rupees,
and for the second or subsequent offence, with imprisonment for a term
which shall not be less than three months but which may extend to one
year and also with fine"].
39.
Penalty for keeping non-standard weights or measures for use and forother
contraventions.
39. Penalty for keeping non-standard weights or measures for use
and for other contraventions. (1) Whoever keeps any weight or measure
other than the standard weight or measure in any premises in such
circumstances as to indicate that such weight or measure is being, or
is likely to be, used for any--
(a) weighment or measurement, or
(b) transaction or for industrial production or for
protection, shall be punished with fine which may extend to two
thousand rupees, and, for the second or subsequent offence, with
imprisonment for a term which may extend to one year and also
with fine.
(2) Whoever,--
(i) in selling any article or thing by weight, measure or
number, delivers or causes to be delivered to the purchaser any
quantity or number of that article or thing less than the
quantity or number contracted for and paid for, or
(ii) in rendering any service by weight, measure or number,
renders that service less than the service contracted for and
paid for, or
---------------------------------------------------------------------
1. Subs. by Act 72 of 1986, S. 3 (w.e.f. 1.7.1987).
2. Subs. by S. 4, ibid. (w.e.f. 1.7.1987).
321
(iii) in buying any article or thing by weight, measure or
number, fraudulently receives, or causes to be received any
quantity or number of that article or thing in excess of the
quantity or number contracted for and paid for, or
(iv) in obtaining any service by weight, measure or number,
obtains that service in excess of the service contracted for and
paid for, shall be punished with fine which may extend to five
thousand rupees, and, for the second or subsequent offence, with
imprisonment for a term which may extend to five years and also
with fine.
(3) Whoever enters, after the commencement of this Act, into any
contract or other agreement (not being a contract or other agreement
for export) in which any weight, measure or number is expressed in
terms of any standard other than the standard weight or measure, shall
be punished with fine which may extend to two thousand rupees, and,
for the second or subsequent offence, with imprisonment for a term
which may extend to one year and also with fine.
40.
Penalty for contravention of section 10.
40. Penalty for contravention of section 10. Whoever, in relation
to any specified class of goods, services, undertakings or users of
weights or measures, uses in any transaction or for industrial
production or for protection, any weight, measure or number, other
than the weight, measure or number specified by rules made under
section 10, shall be punished with fine which may extend to two
thousand rupees, and, for the second or subsequent offence, with
imprisonment for a term which may extend to one year and also with
fine.
41.
Penalty for contravention of section 11.
41. Penalty for contravention of section 11. Except where he is
permitted under the Standards Act so to do, whoever, in relation to
any goods or things which are sold, transferred, distributed or
delivered, or any service rendered,--
(a) quotes any price or charge, or makes any announcement
with regard to the price or charge, or
(b) issues or exhibits any price list, invoice, cash memo,
or other document, or
(c) mentions any weight or measure in any advertisement,
poster or other document, or
(d) indicates the weight, measure or number of the net
contents of any package or on any label, carton or other thing,
or
(e) expresses, in relation to any transaction, industrial
production or protection, any quantity or dimension, otherwise
than in accordance with the standard weight or measure, shall be
punished with fine which may extend to two thousand rupees, and,
for the second or subsequent offence, with imprisonment for a
term which may extend to one year and also with fine.
42.
Penalty for contravention of section 19.
42. Penalty for contravention of section 19. Whoever, being
required to obtain a licence under this Act, makes, manufactures,
repairs or sells or offers, exposes or possesses for repair or sale,
any weight or measure, without being in possession of a valid licence
empowering him to do so, shall be punished with imprisonment for a
term which may extend to one year, or with fine which may extend to
two thousand rupees, or with both, and, for the second or
322
subsequent offence, with imprisonment for a term which may extend to
three years and also with fine.
43.
Penalty for contravention of section 20.
43. Penalty for contravention of section 20. A licensee who after
the suspension or cancellation of the licence issued to him or renewed
or continued under this Act, omits or fails to stop functioning as a
licensee under this Act, shall be punished with imprisonment for a
term which may extend to one year.
44.
Penalty for contravention of section 21.
44. Penalty for contravention of section 21. Except where he is
permitted under the Standards Act so to do, whoever makes or
manufactures any weight or measure which,--
(a) though ostensibly purports to conform to the standards
established by or under that Act, does not actually conform to
the said standards, or
(b) bears thereon any indication of weight or measure which
is not in conformity with the standards of weight or measure
established by or under that Act, whether such indication is or
is not in addition to the indication of weight or measure in
accordance with the said standards, shall be punished with
imprisonment for a term which may extend to one year, or with
fine which may extend to two thousand rupees, or with both, and,
for the second or subsequent offence, with imprisonment for a
term which may extend to three years and also with fine.
45.
Penalty for contravention of section 22.
45. Penalty for contravention of section 22. Whoever,--
(a) sells, offers, exposes or possesses for sale, any weight
or measure which has not been verified and stamped under this
Act, or
(b) uses, or keeps for use, any weight or measure which,
being required to be verified and stamped under this Act, has not
been so verified and stamped, shall be punished with imprisonment
for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both, and for the second
or subsequent offence, with imprisonment for a term which may
extend to one year and also with fine:
Provided that nothing in clause (b) shall apply, in relation to
any weight or measure which is used for domestic purposes.
46.
Penalty for contravention of section 23.
46. Penalty for contravention of section 23. Whoever, being
required by section 23 to maintain any record or register, omits or
fails to do so, or being required by an Inspector to produce any
records or registers for his inspection, omits or fails to do so,
shall be punished with fine which may extend to one thousand rupees,
and, for the second or subsequent offence, with imprisonment for a
term which may extend to one year and also with fine.
47.
Penalty for contravention of section 24.
47. Penalty for contravention of section 24. Whoever, being
required by section 24 to present any weight or measure for
verification or re-verification, omits or fails, without any
reasonable cause to do so, shall be punished with fine which may
extend to five hundred rupees, and, for the second or subsequent
offence, with imprisonment for a term which may extend to one year and
also with fine.
323
48.
Penalty for contravention of section 28.
48. Penalty for contravention of section 28. Whoever, being
required by an Inspector, or any person authorised by or under this
Act to exercise the powers of an Inspector, to produce before him for
inspection any weight or measure or any document or other record
relating thereto, omits or fails, without any reasonable cause, to do
so, shall be punished with fine which may extend to one thousand
rupees, and, for the second or subsequent offence, with imprisonment
for a term which may extend to one year and also with fine.
49.
Penalty for contravention of section 29.
49. Penalty for contravention of section 29. Whoever obstructs
the entry of an Inspector, or any person authorised by or under this
Act to exercise the powers of an Inspector, into any premises for the
inspection and verification of any weight or measure or any document
or other record relating thereto or the net contents of any packaged
commodity or for any other prescribed purpose, shall be punished with
imprisonment for a term which may extend to two years, and, for the
second or subsequent offence, with imprisonment for a term which may
extend to five years.
50.
Penalty for contravention of sections 30 and 31.
50. Penalty for contravention of sections 30 and 31. Whoever
prevents the Controller or any officer authorised by the Controller in
this behalf, from searching any premises or prevents an Inspector from
making any seizure of any weight, measure, packaged commodity, goods,
document, record or label, shall be punished with imprisonment for a
term which may extend to two years, and, for the second or subsequent
offence, with imprisonment for a term which may extend to five years
and also with fine.
51.
Penalty for contravention of section 33.
51. Penalty for contravention of section 33. (1) Whoever
manufactures, distributes, packs, sells or keeps for sale or offers or
exposes for sale, or has in his possession for sale, any commodity in
packaged form, shall, unless each such package conforms to the
provisions of the Standards Act and the rules made thereunder, read
with section 33, be punished with fine which may extend to five
thousand rupees, and, for the second or subsequent offence, with
imprisonment for a term which may extend to five years and also with
fine.
(2) Whoever manufactures, packs, distributes or sells, or causes
to be manufactured, packed, distributed or sold, any commodity in
packaged form, knowing or having reason to believe that the commodity
contained in such package is lesser in weight, measure or number than
the weight, measure or number, as the case may be, stated on the
package or label thereon, shall be punished with imprisonment for a
term which may extend to two years, or with fine which may extend to
three thousand rupees, or with both, and, for the second or subsequent
offence, with imprisonment for a term which may extend to five years
and also with fine.
Explanation.--In determining, for the purpose of this sub-
section, whether the quantity contained in a package is lesser than
the quantity declared on the package or label thereon, the maximum
permissible error specified under the Standards Act in relation to the
commodity contained in such package, shall be taken into account.
52.
Penalty for contravention of section 35.
52. Penalty for contravention of section 35. Whoever sells any
commodity by heaps without complying with the provisions of section
35, shall be punished with fine which may extend to one thousand
rupees, and, for the second or subsequent offence, with imprisonment
for a term which may extend to six months, or with fine which may
extend to one thousand rupees, or with both.
324
53.
Penalty for tampering with licence.
53. Penalty for tampering with licence. Whoever alters or
otherwise tampers with any licence issued or renewed under this Act or
any rule made thereunder, otherwise than in accordance with any
authorisation made by the Controller in this behalf, shall be punished
with fine which may extend to two thousand rupees, or with
imprisonment for a term which may extend to one year, or with both.
54.
Penalty for selling or delivering rejected weights and measures.
54. Penalty for selling or delivering rejected weights and
measures. Whoever sells, delivers or disposes of, or causes to be
sold, delivered or disposed of, any weight or measure which has been
rejected on verification under this Act or the Standards Act, or any
rule made under either of the said Acts, shall be punished with
imprisonment for a term which may extend to one year, or with fine
which may extend to two thousand rupees, or with both:
Provided that nothing in this section shall apply to the sale, as
scrap, of any rejected weight or measure which has been defaced in the
prescribed manner.
55.
Penalty for personation of officials.
55. Penalty for personation of officials. Whoever personates in
any way the Controller, Additional Controller or an Inspector or any
other officer authorised by the Controller, shall be punished with
imprisonment for a term which may extend to three years.
56.
Penalty for giving false information or maintaining false records orregisters.
56. Penalty for giving false information or maintaining false
records or registers. (1) Whoever gives information to a Controller,
Additional Controller or an Inspector or any other officer authorised
by the Controller, which he may require or ask for in the course of
his duty and which such person either knows or has reason to believe
to be false or does not believe to be true, shall be punished with
imprisonment for a term which may extend to six months, or with fine
which may extend to one thousand rupees, or with both.
(2) Whoever, being required by or under this Act so to do,
submits a return or maintains any record or register which is false in
any material particular, shall be punished with fine which may extend
to two thousand rupees, and, for the second or subsequent offence,
with imprisonment for a term which may extend to one year and also
with fine.
57.
Wilful verfication or disclosure in contravention of Law.
57. Wilful verfication or disclosure in contravention of Law. (1)
If any Inspector or any other officer exercising powers under this Act
or any rule made thereunder wilfully verifies or stamps any weight or
measure in contravention of the provisions of this Act or of any rule
made thereunder, he shall, for every such offence, be punished with
imprisonment for a term which may extend to one year, or with fine
which may extend to two thousand rupees, or with both.
(2) If any Inspector or other officer who enters into any
premises in the course of his duty wilfully discloses, except in the
performance of such duty, to any person any information obtained by
him from such premises with regard to any trade secret or any secret
in relation to any manufacturing process, he shall be punished with
imprisonment for a term which may extend to one year, or with fine
which may extend to two thousand rupees, or with both.
58.
Vexatious search.
58. Vexatious search. An Inspector or any other officer
exercising powers under this Act or any rule or order made thereunder
who knows that there are no reasonable grounds for so doing, and yet--
325
(a) searches, or causes to be searched, any house,
conveyance or place, or
(b) searches any person, or
(c) seizes any weight, measure or other movable property,
shall, for every such offence, be punished with imprisonment for
a term which may extend to one year or with fine which may extend
to two thousand rupees, or with both.
59.
Penalty for contraventions not separately provided for.
59. Penalty for contraventions not separately provided for.
Whoever contravenes any provision of this Act for the contravention of
which no punishment has been separately provided for in this Act,
shall be punished with fine which may extend to two thousand rupees.
60.
Presumption to be made in certain cases.
60. Presumption to be made in certain cases. (1) If any person--
(a) makes or manufactures, or causes to be made or
manufactured, any false weight or measure, or
(b) uses, or causes to be used, any false or unverified
weight or measure in any transaction or for industrial production
or for protection, or
(c) sells, distributes, delivers or otherwise transfers, or
causes to be sold, distributed, delivered or otherwise
transferred, any false or unverified weight or measure, it shall
be presumed, until the contrary is proved, that he had done so
with the knowledge that the weight or measure was a false or
unverified weight or measure, as the case may be.
(2) If any person has in his possession, custody or control any
false or unverified weight or measure in such circumstances as to
indicate that such weight or measure is likely to be used in any
transaction or for industrial production or for protection, it shall
be presumed, until the contrary is proved, that such false or
unverified weight or measure was possessed, held or controlled by such
person with the intention of using the same in any transaction or for
industrial production or for protection.
61.
When employer to be deemed to have abetted an offence.
61. When employer to be deemed to have abetted an offence. (1)
Any employer, who knows or has reason to believe that any person
employed by him has, in the course of such employment, contravened any
provision of this Act or any rule made thereunder, shall be deemed to
have abetted an offence against this Act:
Provided that no such abetment shall be deemed to have taken
place if such employer has, before the expiry of seven days from the
date on which--
(a) he comes to know of the contravention, or
(b) he has reason to believe that such contravention has
been made, intimated, in writing, to the Controller the name of
the person by whom such contravention was made and the date and
other particulars of such contravention.
326
(2) Whoever is deemed under sub-section (1) to have abetted an
offence against this Act shall be punished with imprisonment for a
term which may extend to one year, or with fine which may extend to
two thousand rupees, or with both, and, for the second or subsequent
offence, with imprisonment for a term which may extend to five years
and also with fine.
Explanation.--Dismissal or termination of service of an employee
after the expiry of the period specified in the proviso to sub-section
(1) shall not absolve any employer of his liability under this sub-
section.
62.
Offences by companies.
62. Offences by companies. (1) If the person committing an
offence under this Act is a company, every person who, at the time the
offence was committed, was in charge of, and was responsible to, the
company for the conduct of the business of the company, as well as the
company, shall be deemed to be guilty of the offence and shall be
liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render
any person liable to punishment if he proves that the offence was
committed without his knowledge, or that he had exercised all due
diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where
any offence under this Act has been committed by a company and it is
proved that the offence has been committed with the consent or
connivance of, or is attributable to, any neglect on the part of, any
director, manager, secretary or other officer of the company, such
director, manager, secretary or other officer shall also be deemed to
be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation.--For the purposes of this section,--
(a) "company" means any body corporate and includes a firm
or other association of individuals; and
(b) "director", in relation to a firm, means a partner in
the firm.
63.
Cognizance of offences.
63. Cognizance of offences. Notwithstanding anything contained in
the Code of Criminal Procedure, 1973 (2 of 1974),
1*[(a) no court shall take cognizance of an offence
punishable under this Act except upon a complaint, in writing,
made by--
(i) the Controller;
(ii) any other officer authorised in this behalf by the
Controller by general or special order;
(iii) any person aggrieved; or
(iv) a recognised consumer association whether the
person aggrieved is a member of such association or not.
Explanation.--For the purposes of this clause "recognised
consumer association" means a voluntary consumer association
registered under the Companies Act, 1956 (1 of 1956) or any
other law for the time being in force;]
(b) no court inferior to that of a Metropolitan Magistrate
or Judicial Magistrate of the first class shall try any offence
punishable under this Act.
64.
Summary trial of certain offences.
64. Summary trial of certain offences. Notwithstanding anything
contained in the Code of Criminal Procedure, 1973 (2 of 1974), an
offence punishable under section 36, section 38, section 39, section
40, section 41, section 42, section 45, section 51, section 52 or sub-
section (3) of section 72 may be tried summarily.
---------------------------------------------------------------------
1. Subs. by Act 72 of 1986, S. 5 (w.e.f. 1.7.1987).
327
65.
Compounding of offences.
65. Compounding of offences. (1) Any offence punishable under
section 39, section 40, section 41, section 42, section 44, section
45, section 46, section 47, section 48, section 51, section 52,
section 54 or section 59 or any rule made under sub-section (3) of
section 72, may either before or after the institution of the
prosecution, be compounded, by the Controller or such other officer as
may be authorised in this behalf by the Controller, on payment, for
credit to the State Government, of such sum as the Controller or such
other offier may specify:
Provided that such sum shall not, in any case, exceed the maximum
amount of the fine which may be imposed under this Act for the offence
so compounded.
(2) Nothing contained in sub-section (1) shall apply to a person
who commits the same or similar offence within a period of three years
from the date on which the first offence, committed by him, was
compounded.
Explanation.--For the purpose of this sub-section, any second or
subsequent offence committed after the expiry of a period of three
years from the date on which the offence was previously compounded,
shall be deemed to be a first offence.
(3) Where an offence has been compounded under sub-section (1),
no proceeding or further proceeding, as the case may be, shall be
taken against the offender, in respect of the offence so compounded,
and the offender, if in custody, shall be discharged forthwith.
(4) No offence punishable under this Act shall be compounded
except as provided by this section.
66.
Provisions of Indian Penal Code not to apply to any offence under thisAct.
66. Provisions of Indian Penal Code (45 of 1860) not to apply
to any offence under this Act. The provisions of the Indian Penal
Code, in so far as such provisions relate to offences with regard to
weights or measures, shall not apply to any offence which is
punishable under this Act
CHAP
MISCELLANEOUS
CHAPTER XII
MISCELLANEOUS
67.
Transfer or transmission of business.
67. Transfer or transmission of business. (1) Where the business
of a person licensed under this Act is transmitted by succession,
intestate or testamentary, the heir or legatee, as the case may be, of
such person shall not carry on the business of such licensee either in
his own name or in any other name, unless the heir or legatee has,
before the expiry of sixty days after the date of such transmission,
made to the Controller an application for the issue of a licence in
accordance with the provisions of this Act:
Provided that nothing in this section shall be deemed to prohibit
the heir or legatee from carrying on business as such licensee for the
aforesaid period of sixty days, and, if he has applied for such
licence, until he is granted the licence or is, by a notice in writing
informed by the Controller that such licence cannot be granted to him.
(2) Where the business of any person licensed under this Act is
transferred by sale, gift, lease or otherwise, the transferee or
leasee, as
328
the case may be, shall not carry on such business either in his own
name or in any other name, unless he has obtained a licence to carry
on such business.
68.
Licences neither saleable nor transferable.
68. Licences neither saleable nor transferable. A licence issued
or renewed under this Act shall not be saleable or otherwise
transferable.
69.
Appeals.
69. Appeals. (1) Subject to the provisions of sub-section (2), an
appeal shall lie--
(a) from every decision given or order made under Chapter V,
Chapter VI, Chapter VII, Chapter VIII, Chapter IX or Chapter X of
this Act, by--
(i) an Inspector, or
(ii) an Additional Controller, to the Controller; and
(b) from every decision given or order made by the
Controller under Chapter V, Chapter VI, Chapter VII, Chapter
VIII, Chapter IX or Chapter X of this Act, not being a decision
made in appeal under clause (a), to the State Government or any
officer specially authorised in this behalf by that Government.
(2) Every such appeal shall be preferred within sixty days from
the date of the decision or order appealed against:
Provided that the appellate authority may, if it is satisfied
that the appellant was prevented by sufficient cause from preferring
the appeal within the said period of sixty days, permit the appellant
to prefer the appeal within a further period of sixty days.
(3) On receipt of any such appeal, the appellate authority shall,
after giving the parties to the appeal, a reasonable opportunity of
being heard and after making such inquiry as it deems proper, make
such order, as it may think fit, confirming, modifying or reversing
the decision or order appealed against, or may send back the case with
such direction as it may think fit for a fresh decision or order after
taking additional evidence, if necessary.
(4) Every appeal shall be preferred on payment of such fees as
may be prescribed.
(5) The State Government may, on its own motion or otherwise,
call for and examine the record of any proceeding (including a
proceeding in appeal) in which any decision or order has been made,
for the purpose of satisfying itself as to the correctness, legality
or propriety of such decision or order and may pass such orders
thereon as it may think fit:
Provided that no decision or order shall be varied under this
sub-section so as to prejudicially affect any person unless such
person has been given a reasonable opportunity of showing cause
against the proposed action.
329
70.
Levy of fees.
70. Levy of fees. The State Government may, by rules made under
section 72, levy such fees, not exceeding--
(a) five hundred rupees, for the application for the issue
or renewal of a licence for making or manufacturing of any weight
or measure,
(b) one hundred rupees, for the issue of a licence for
repairing or selling of any weight or measure,
(c) fifty rupees, for the alteration of any licence,
(d) five thousand rupees, on a graded scale, for the
verification of any weight or measure, having regard to the time
and labour which may be involved in making such verification,
(e) ten rupees, for the adjustment of any weight or measure,
(f) ten rupees, for the issue of a duplicate licence or
certificate of verification,
(g) one rupee, for every one hundred words or less, for the
grant of copies of any document, not being a document of a
confidential nature.
(h) twenty-five rupees, for any appeal preferred under this
Act,
(i) five rupees, for application for registration or renewal
of registration under section 17.
71.
Delegation of powers.
71. Delegation of powers. (1) The State Government may, by
notification, direct that any power exercisable by it under this Act
or any rule made thereunder, not being a power conferred by section 69
(relating to appeal) or section 70 (power to lay down scale of fee) or
section 72 (power to make rules), in relation to such matters and
subject to such conditions as may be specified, may be exercised also
by such officer subordinate to it as may be specified in the
notification.
(2) Subject to any general or special direction or condition
imposed by the State Government, any person authorised by the State
Government to exercise any powers may exercise those powers in the
same manner and to the same extent as if they had been conferred on
that person directly by this Act and not by way of delegation.
72.
Power to make rules.
72. Power to make rules. (1) The State Government may, by
notification and after consultation with the Central Government, make
rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the
foregoing power, such rules may provide for all or any of the
following matters, namely:--
(a) the class of goods, services, undertakings or users in
relation to which no transaction, dealing or contract, or
industrial production or use for protection shall be made or had
or undertaken except by such weight, measure or number as
required by section 10;
(b) the places at which, and the custody in which, the
following standards shall be kept, namely:--
(i) reference standards,
(ii) secondary standards,
(iii) working standards, is required by section 12 and
sub-section (5) of section 14;
330
(c) the form and details of particulars for identification
of weight or measure referred to in sub-section (2) of section
15;
(d) the time within which an application referred to in sub-
section (1) of section 17 shall be made, the particulars which
such application shall contain and the form and manner in which
such application shall be made;
(e) the form and manner in which the register referred to in
sub-section (2) of section 17 shall be maintained;
(f) the form and manner in which an application shall be
made under sub-section (3) of section 17;
(g) the form in which an application shall be made for the
issue or renewal of a licence to carry on business as a maker,
manufacturer, repairer or dealer of any weight or measure, as
required by sub-section (4) of section 19;
(h) the form in which and the conditions, limitations and
restrictions subject to which any licence may be issued and the
period of validity of such licence, as required by sub-section
(2) of section 19;
(i) the sum to be furnished by a repairer as security as
required by sub-section (7) of section 19;
(j) the description of weight or measure which may not be
sold by a user except with the written permission of the
Controller as required by sub-section (8) of section 19;
(k) the manner of disposal of weights or measures after
cancellation of licence and the distribution of proceeds thereof
as required by sub-section (5) of section 20;
(l) the records and registers relating to weights or
measures to be maintained in pursuance of the provisions of sub-
section (1) of section 23;
(m) the period within which weights or measures shall be
verified or re-verified as required by sub-section (2) of section
24;
(n) the steps to be taken for verifying and weight or
measure which cannot, or should not, be moved from its location,
as required by the proviso to sub-section (3) of section 24;
(o) the form in which a certificate of verification of any
weight or measure shall be granted as required by sub-section (4)
of section 24 and the form in which the certificate referred to
in sub-section (5) of section 24 shall be issued and the details
which such certificate shall contain, as required by sub-section
(6) of section 24;
(p) the manner of disposal of seized articles which are
subject to speedy or natural decay, as required by the proviso to
sub-section (1) of section 31;
(q) the time within which an unverified weight or measure
seized under this Act may be permitted under the proviso to
section 32 to be verified and stamped;
331
(r) the manner in which, and the conditions, restrictions
and limitations subject to which,--
(i) any commodity intended to be sold or distributed,
within the State, shall be packaged, or
(ii) the sale or distribution of any commodity in
packaged form shall be made within the State, as required by
sub-section (2) of section 33;
(s) the manner of obliteration of stamps on rejected weights
or measures, as required by the proviso to section 54;
(t) the form in which appeals may be preferred under section
69 and the procedure for the hearing of appeals;
(u) the amount of fees which may be levied and collected for
each of the matters specified in section 70;
(v) any other matter which is required to be, or may be,
prescribed.
(3) In making any rule under this section, the State Government
may provide that a breach thereof shall be punishable with fine which
may extend to one thousand rupees.
(4) The power to make rules under this section shall be subject
to the condition of the rule being made after previous publication in
the Official Gazette.
(5) Every rule made under this section shall, as soon as may be
after it is made, be laid before each House of the State Legislature
where there are two Houses, and where there is one House of the State
Legislature, before that House.
73.
Power of State Government to make provisions of the Standards Actrelating
to approval of models applicable to models of weights ormeasures intended
to be used exclusively within the State.
73. Power of State Government to make provisions of the Standards
Act relating to approval of models applicable to models of weights or
measures intended to be used exclusively within the State. (1) Where
any type of weight or measure manufactured by a licensed manufacturer
is such that all the weights or measures of that type manufactured by
him within the State is intended to be sold, distributed or delivered
therein, the State Government may, by notification, direct that the
model of every such type of weight or measure shall be submitted for
approval in accordance with provisions of sections 36, 37 and 38 of
the Standards Act, and thereupon, the provisions of the said sections
36, 37 and 38 shall become applicable to such model, and references in
those sections to the Central Government and to the Standards Act
shall be construed as references, respectively, to the State
Government and this Act.
(2) Where the State Government makes a direction under sub-
section (1) in relation to any type of weight or measure, any
contravention of the provisions of section 39, section 40 or section
41 of the Standards Act in relation to that type of weight or measure
shall be an offence punishable under this Act and the punishment
provided therfor in the Standards Act shall be deemed to be the
punishment provided therfore in this Act as if the said provisions
relating to punishments were enacted by this Act.
332
74.
Act not to apply in certain cases.
74. Act not to apply in certain cases. The provisions of this
Act, in so far as they relate to the verification and stamping of
weights and measures, shall not apply to any weight or measure,--
(a) used in any factory exclusively engaged in the
manufacture of any arms, or ammunition, or both, for the use of
the Armed Forces of the Union;
(b) used for scientific investigation or for research;
(c) manufactured exclusively for export.
75.
Repeal and savings.
75. Repeal and savings. (1) On the commencement of any provision
of this Act in a State, the corresponding provision of any law in
force for the time being in that State shall stand repealed, and on
such repeal, the provisions of section 6 of the General Clauses Act,
1897 (10 of 1897), shall apply as if the provisions so repealed were
the provisions of a Central Act.
(2) Notwithstanding such repeal, any appointment, notification,
rule, order, registration, licence, certificate, notice, decision,
approval, authorisation or consent made, issued or given under such
law shall, if in force at the commencement of this Act, continue to be
in force and have effect as if it were made, issued or given under the
corresponding provisions of this Act.
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