Chapter III VERIFICATION AND STAMPING OF WEIGHTS AND MEASURES

Stamping of denomination on commercial weights and measures- Every weight or measure manufactured for use as a commercial weight or measure shall bear the description of the weight or measure which it purports to be stamped legibly on it in such manner as may be prescribed.

Prohibition of sale of unstamped commercial weights and measures - No commercial weight or measure or weighing or measuring instrument shall be sold or delivered unless it has been verified or re-verified and stamped in the prescribed manner.

Prohibition of use of unstamped commercial weights or measures - No weight or measure or weighing or measuring instrument shall be used in transactions in trade or commerce unless it has been verified or re-verified and stamped in the prescribed manner.

Power of Government to exempt - Where the size of commercial weight or measure renders it impracticable to have any denomination stamped on it under the provisions of section 9, section 10, or section 11, the Government may, by notification in the Andhra Pradesh Gazette, exempt such weight or measure from being so stamped.

Prohibition of manufacture etc., weights and measures without licence - No person shall, in course of trade, manufacture, repair or sell any commercial weight or measure or any weighing or measuring instrument, unless he has obtained in the prescribed manner a licence in this behalf from the Government or any officer, authorised by them.

Stamping of weights or measures on sealed containers - No person shall sell, offer for sale, expose for sale, or have in his possession for sale, any article contained in a sealed package or container unless such package or container bears thereon, or on a label securely attached thereto, a description of the net weight or measure of the article contained therein: Provided that the provisions of this section shall not apply to an article sold, offered for sale, exposed for sale or in possession for sale which is not ordinarily sold in transactions for trade or commerce by weight or measure.

Appointment of Controller, Assistant Controller and Inspectors -

1. (1) The Government may appoint a Controller of Weights and Measures for the State and as many Assistant Controllers and Inspectors of Weights and Measures as may be necessary for exercising the powers and discharging the duties conferred or imposed on them by or under this Act.
2. (2) The Government may, by general or special order, define the local limits within which each Inspector shall exercise the powers and discharge the duties conferred or imposed on Inspectors by or under this Act.
3. (3) Subject to the provisions of this Act all Assistant Controllers of Weights and Measures and Inspectors shall perform their functions under the general superintendence and control of the Controller; and the Controller and the Assistant Controllers of Weights and Measures may, in addition to the powers and duties conferred or imposed on them by or under this Act, exercise any power, or discharge any duty so conferred or imposed on Inspectors.
4. (4) The Government may also take from each Inspector such security and in such form as may be prescribed for the due discharge of his functions and duties under this Act.

1. (1) Every Inspector shall, for the purpose of verification of weights and measures and weighing and measuring instruments, attend at such place and time within his jurisdiction as may be appointed in this behalf by the Controller.
2. (2) The Inspector shall verify every weight or measure or weighing or measuring instrument which is brought to him for the purpose of verification and if finds such weight or measure or weighing or measuring instrument correct and in conformity with the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956), and the rules made thereunder, he shall stamp the same in the prescribed manner.

1. (1) An Inspector may, within the area under his jurisdiction, inspect and search at all reasonable times, the weights, measures and weighing and measuring instruments which are used in transactions for trade or commerce or are in the possession of any person or are on any premises for such use and may verify every such weight or measure or weighing or measuring instrument with a working standard or weighing or measuring instrument prescribed for the purpose. (2)
   • (a) Where a premises used for trade is partly used by the trader for trade and partly for dwelling purposes, the whole of such premises shall, for the purposes of this Act, be deemed to be premises used for trade.
   • (b) Where a premises used for trade is used by a trader partly for trade and partly for storing articles for trade, or where any other premises is used for storing of articles for trade, the premises in either case, shall for the purposes of this Act, be deemed to be the premises used for trade.
2. (3) For the purpose of verifying the correctness of any weight or measure used in any transaction, an Inspector may also verify the weight or measure of any article sold or delivered in the course of the transaction.
3. (4) An Inspector may, at all reasonable times, require any trader or any employee or agent of a trader to produce before him for inspection all weights, measures, weighing and measuring instruments which are used by him or are in his possession or are kept on any premises used for trade and all documents and records relating thereto, and such trader, employee or agent shall comply with such requirements.
4. (5) An Inspector may seize and detain any weight or measure or weighing or measuring instrument regarding which an offence under this Act appears to have been committed or which appears to have been, or might be, used in the commission of such an offence, and may also seize and detain any article sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any document or record relating thereto.
5. (6) Where an Inspector has reason to believe that a sealed package or container does not actually contain the net weight or measure of the article which it purports to contain, the Inspector may break open the sealed package or container and verify its contents; and if, on such verification, the net weight or measure of the article is found to be correct, the Inspector shall re-seal the package or container where it is possible so to do without injury to the contents thereof and attach a certificate thereto stating the correct weight or measure of the article, but if, on the other hand, the net weight or measure of the article is found to be incorrect, the Inspector may seize and detain the package or container and the article contained therein.
6. (7) For the purpose of such inspection, an Inspector may, at all reasonable times, enter into any place where weights, measures or weighing or measuring instruments are used or kept for use in transactions for trade or commerce and inspect such weights and measures and weighing and measuring instruments.

Power of Inspector to adjust weights or measures - Where it appears to the Government desirable that an Inspector should be allowed in any area to adjust the weights or measures or weighing or measuring instruments, they may, if they think fit, authorise such Inspector to adjust and repair the weights and measures or such instruments accordingly.

Manufacturers, etc., to maintain records and documents -

1. (1) Every manufacturer, repairer or dealer in weights and measures or weighing or measuring instruments, and every person using them in transactions for trade or commerce shall maintain such records and accounts as may be prescribed and if required so to do by an Inspector, shall produce such records and accounts before him.
2. (2) Notwithstanding anything contained in sub-section (1), if the Government are of opinion that having regard to the nature of business carried on by any such manufacturer, repairer or dealer, or any person or class of persons using them, it is necessary so to do, they may by order, exempt such person or class of persons from the operation of that sub-section.

Appeals -

1. (1) Subject to the provisions of sub-section (2), an appeal shall lie-
   • (a) from every decision of an Inspector under this Act, to the Controller; and
   • (b) from every decision of the Controller under this Act, not being a decision made in appeal under clause (a), to the Government or any officer specially authorised in this behalf by the Government.
2. (2) Every such appeal shall be preferred within sixty days from the date of the decision.
3. (3) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such enquiry as it deems proper, decide the appeal and the decision of the appellate authority shall be final.

Levy and collection of fees -

1. (1) The Government may charge such fees as may be prescribed-
   • (a) for the grant of a licence under section 13, for manufacture, repair or sale of commercial weights and measures or weighing and measuring instruments, and
   • (b) for the verification, stamping and adjustment of commercial weights and measures or weighing and measuring instruments.
2. (2) All amounts payable to Government under this Act or the rules made thereunder shall be recoverable as arrears of land revenue.

Validity of weights and measures duly stamped - A weight or measure or weighing or measuring instrument, duly stamped by an Inspector under this Act, shall be a legal weight or measure or weighing or measuring instrument in all places to which this Act applies unless it is found to be false or defective and shall not be liable to be restamped by reason merely of the fact that it is used in any place other than that in which it was originally stamped.