Chapter X OFFENCES AND PENALTIES

34. Whoever, (a) makes or manufactures, or causes to be made or causes manufactured (except where he is permitted under the Central Act so to do), any weight or measure in accordance with any standards other than the standards established by or under Central Act, or

1. (b) (i) sells or otherwise transfers, or causes to be sold 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 Central Act, shall be punished with imprisonment for a term which may extend to one year, and for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine which may extend to five thousand rupees.

35. (1) Whoever, (i) counterfeits any seal specified by or under this Act or the Central Act, or

1. (ii) sells or otherwise disposes of any counterfeit seal, or
2. (iii) possesses any counterfeit seal, or
3. (iv) counterfeits any stamp whether made under this Act or the Central Act or any rule made under either of those Acts, or
4. (v) removes any stamp made, whether under this Act or the Central Act or any rule made under either of those Acts, or tampers with ant stamp so made, or
5. (vi) removes any stamp made, whether under this Act or the Central 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
6. (vii) wilfully 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, shall be punished with imprisonment for a term which may extend to two years, and, for the second or sub-sequent offence, with imprisonment for a term which may extend to five years also with fine which may extend to five thousand rupees.

1. (2) Whoever obtains, by unlawful means, possession of any seal specified by or under this Act or the Central 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 Central Act 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 which may extend to five thousand rupees.
2. (3) Whoever, being in lawful possession of a seal specified by or under this Act or the Central Act uses, or causes to be used, such seal without any lawful authority for such use 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 which may extend to five thousand rupees.
3. (4) Whoever sells, offers or exposes for sale or otherwise disposes of any weight or measure which he knows or his reason to believe bears thereon a counterfeit stamp, shall be punished with imprisonment for a term which may extend to two years, and, for the second or subsequent offence, for a term which may extend to five years and also with fine which may extend to five thousand rupees.

37. (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

1. (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.

1. (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 or paid for ; or
   • (ii) in rendering any service by weight, measure or number, renders that service less than the service contracted for or paid for ; or
   • (iii) in buying any article or thing by weight, measure or number, receives, or causes to be received, from the vendor any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for ; or
   • (iv) in obtaining any service by weight, measure, or number, obtains that service in excess of the service contracted for 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.
2. (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, measure or number established by or under the Central Act, 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.

38. Whoever 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 in relation to any class of goods, undertaking or users of weight and measures, specified therein, 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.

39. Except where he is permitted under the Central 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

1. (b) issues or exhibits any price list, invoice, cash-memo, or other document, or
2. (c) prepares or publishes any advertisement, poster or other document, or
3. (d) indicates the weight, measure or number of the net contents of any package on any label, carton or other thing, or
4. (e) expresses in relation to any transaction, industrial production, or protection, any quantity or dimension, otherwise than in accordance with the standard units of weight, measure or numeration, 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. A licensee who after the suspension or cancellation of the licence issued, 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.

42. Except where he is permitted under the Central 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

1. (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 addition to 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 an also with fine.

44. Whoever, being required by section 20 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.

45. Whoever, being required under section 21 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 and also with fine.

46. 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 records relating thereof 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.

47. 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 or 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.

48. Whoever prevents the Controller or any officer authorised by the Controller in this behalf, from searching any premises or from making any seizure of any weight, measure, packaged goods, document, record or lable, 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 an also with fine.

49. (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 section 31, 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.

1. (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, as the case may be, stated on the lable thereon or it does not conform to the provisions of the Central Act or any rule or order made thereunder, 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.

Whoever is deemed under section 32 to have used or abetted the use of, any false measure, 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.

51. Whoever sells any commodity by heaps without complying with the provision of section 33, 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..

52. 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.

53. 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 Central 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 :

Penalty for impersonation 54.

Penalty for giving false information or maintaining falserecords or registers 55. (1) Whoever gives information to an Inspector 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.

1. (2) Whoever, being required by or under this Act so to do, maintains any record or register, which is false in any material particulars 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.

56 (1) If any Inspector or any other officer exercising powers under this Act or any rule made thereunder wilfully 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.

1. (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.

57. 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, (a) searches, or causes to be searched, any house, conveyance or place, or

1. (b) searches any person, or
2. (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 two years or with fine which may extend to two thousand rupees, or with both.

58. Whoever contravenes any provision of this Act for the contravention of which no punishment has been specifically provided for in this Act, shall be punished with fine which may extend to two thousand rupees.

59. (1) If any person, (a) makes or manufactures, or causes to be made or manufactured, any false weight or measure, or

1. (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
2. (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 weight or measure was false or unverified, as the case may be.

1. (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.

60. (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, (a) on which he comes to know of the contravention, or

1. (b) has reason to believe that 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.

1. (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. 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.

61. (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 processed 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 exercise all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer, he shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Explantation., For the purposes of this section, (a) "company" means any body corporate and includes a firm or other association of individuals ; and

1. (b) "director", in relation to a firm, means a partner in the firm.

62. Notwithstanding anything contained in the Code of Criminal Procedure, 1973, (a) no court shall take cognizance of an offence punishable under Act except upon a complaint, in writing, made by the Controller or any other officer authorised in this behalf by the Controller by general or special order;

1. (b) no court inferior to that of a Presidency Magistrate or a Magistrate of the First Class shall try any offence under this Act;
2. (c) an offence punishable under sections 34, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 49, 50, 51 or sub-section (3) of section 69 may be tried summarily by a Magistrate and no sentence of imprisonment for a term exceeding one year shall be passed in the case of any conviction for an offence which is tried summarily under this section.

63. (1) Any offence punishable under sections 37, 38, 39, 40, 42, 43, 44, 45, 46, 49, 51, 53, 58 or sub-section (3) of section 69 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 Government of Arunachal Pradesh at such sum as the Controller or such other officer 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.

1. (2) Nothing 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.
2. (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.
3. (4) No offence under this Act shall be compounded except as provided by this section.

64. 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.