Chapter IV PENALTIES

Penalty for sale or delivery by weight and measure other than standard weight or measure - Whoever, after the expiry of three months from the commencement of this section sells or causes to be sold or delivers or causes to be delivered in the course of any transaction for trade or commerce any article by any denomination of weight or measure other than one of the standard weights or measures shall be punishable for a first offence, with fine which may extend to two thousand rupees, and for a second or subsequent offence, with imprisonment for a term which may extend to three months, or with fine, or with both.

Penalty for sale of unstamped commercial weights and measures - Whoever sells or delivers any commercial weight or measure or any weighing or measuring instrument which has not been verified or reverified and stamped in accordance with the provisions of this Act and the rules made thereunder shall be punishable with fine which may extend to two thousand rupees.

Penalty for use of unstamped commercial weights and measures - Whoever uses in any transaction for trade or commerce, or has in his possession for such use, any commercial weight or measure or any weighing or measuring instrument which has not been verified or reverified and stamped in accordance with the provisions of this Act and the rules made thereunder shall be punishable for a first offence, with fine which may extend to two thousand rupees, and for a second or subsequent offence, with imprisonment for a term which may extend to three months, or with fine, or with both. Explanation I - When any such weight or measure or weighing or measuring instrument is found in the possession of any trader or any employee or agent of such trader, or any person on behalf of such trader, such trader, employee or agent shall be presumed, until the contrary is proved, to have had it in his possession for use in transactions for trade or commerce. Explanation II - Where any weight or measure or weighing or measuring instrument is used or possessed in contravention of this section by any employee or agent of a trader or any person on behalf of such trader, such trader shall, unless he proves that the offence under this section was committed by such employee, agent or person without his knowledge or consent be also deemed to be guilty of the offence.

Penalty for use of weight or measure in contravention of section 8 - Whoever contravenes any of the provisions of a notification issued under section 8 shall be punishable with fine which may extend to two thousand rupees.

Penalty for manufacture of weight, etc., without licence - Whoever manufactures, repairs, or sells any commercial weight or measure or weighing or measuring instrument, without obtaining a licence as required by section 13, shall be punishable with imprisonment for a term which may extend to three months, or with fine, or with both.

Penalty for failure to stamp weight or measure on sealed containers - Whoever contravenes the provisions of section 14 shall be punishable with fine which may extend to two thousand rupees.

Penalty for fraudulent use of weights, measures, etc. - Whoever fraudulently uses any standard weight or measure or weighing or measuring instrument which he knows to be false shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both.

Penalty for being in possession of false weight, measure etc. - Whoever is in possession of any commercial weight or measure or weighing or measuring instrument which he knows to be false, intending that the same may be fraudulently used, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Penalty for making or selling false weight or measure etc. - Whoever makes, sells or disposes of or causes to be made, sold or disposed of any standard weight or measure or weighing or measuring instrument which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Penalty for forging, etc., of stamps, weights, measures, etc. -

1. (1) Whoever forges or counterfeits any stamp used under this Act for the stamping of any standard weight or measure or weighing or measuring instrument or possesses any such counterfeit stamp, or removes a stamp from any standard weight or measure or weighing or measuring instrument and inserts the same into another weight or measure or weighing or measuring instrument or wilfully increases or diminishes a weight or measure so stamped, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
2. (2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight or measure or weighing or measuring instrument with such forged or counterfeit stamp thereon, or a weight or a measure so increased or diminished shall be punishable with imprisonment for a term which may extend to six months or with fine, or with both.

Penalty for giving short weight or measure - Whoever in selling any article by weight or measure, delivers or causes to be delivered to the purchaser less than what is purported to be sold shall, if the deficiency exceeds the prescribed limit of error, be punishable with fine which may extend to three hundred rupees.

Penalty for neglect or refusal to produce weight or measure, etc., for inspection - Whoever-

1. (a) refuses or neglects to produce for inspection under section 17 any weight, or measure or weighing or measuring instrument or any document or record relating thereto in his possession or on his premises, or
2. (b) refuses to permit an Inspector to inspect, search and verify any such weight, measure, instrument, document or record; or
3. (c) obstructs the entry of an Inspector under section 17; or
4. (d) otherwise obstructs or hinders as Inspector in the performance of his duties under this Act, shall be punishable with fine which may extend to five hundred rupees.

Penalty for breach of duty by Inspector - If an Inspector knowingly stamps a weight or measure or weighing or measuring instrument in contravention of the provisions of this Act or of the rules made thereunder, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Power to compound offences - The Government may authorise any officer to accept from any person who is reasonably believed to have committed an offence under this Act or the rules made thereunder, a reasonable sum of money not exceeding rupees two hundred in each case by way of composition for such offence. Any proceedings taken against such person in respect of such offence shall, on payment of such money be withdrawn and no further proceedings shall be taken in respect of such offence.