The ARUNACHAL PRADESH WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1979

1. (1) This Act may be called the Arunachal Pradesh Weights and Measures (Enforcement) Act, 1979.

1. (2) It extends to the whole of the Union Territory of Arunachal Pradesh.
2. (3) It shall come into force on such date as the Government of Arunachal Pradesh may, by notification in the Official Gazette, appoint, and different dates may be appointed for different, (a) provisions of this Act,
   • (b) areas,
   • (c) classes of undertakings,
   • (d) classes of goods,
   • (e) classes of weights and measures, or
   • (f) classes of users of weights and measures, 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 that provision in such areas, or in respect of such classes of undertakings, goods, weights and measures or users of weights and measures in relation to which this Act has been brought into force.

2.

Definitions

3. (1) In this Act, unless the context otherwise requires, (a) "Additional Controller" includes a Joint Controller, Deputy Controller and Assistant Controller, appointed under section 5 ;

1. (b) "authorised seal or stamp" means a seal or stamp made under, and in accordance with, the provisions of this Act ;
2. (c) "Central Act" means the Standards of Weights and Measures Act, 1976 ;
3. (d) "Controller" means the Controller of Legal Metrology appointed by the Government of Arunachal Pradesh under section 5 ;
4. (e) "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 1., It is not essential that the resemblance of the counterfeit seal or stamp to the authorised seal or stamp should be exact. Explanation 2., 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.
5. (f) "heap" means any unit of 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 ;
6. (g) "Inspector" means a person who is appointed as such under section 5 ;
7. (h) "mint" means a mint of the Central Government ;
   • (i) "notification" means a notification published in the Official Gazette ;
8. (j) "prescribed" means prescribed by rules made under this Act ;
9. (k) "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, commodity, vegetation or thing, whether individually or collectively ;
10. (l) "reference standard" means the set of standard weight or measure which is made or manufactured by or on behalf of the Central Government for the verification of any secondary standard ;
11. (m) "secondary standard" means the set of standard weight or measure which is made or manufactured by or on behalf of the Central Government or the Government of Arunachal Pradesh for the verification of any working standard ;
12. (n) "standard weight or measure" means a weight, measure or number which conforms to the standards established in relation thereto by or under the Central Act ;
13. (o) "working standard" means the set of standard weight or measure which is made or manufactured by or on behalf of Central Government or the Government of Arunachal Pradesh for the verification of any standard weight or measure, other than a national prototype or national reference or secondary standard.

1. (2) words and expressions used in this Act and not defined but defined in the Central Act shall have the meanings respectively assigned to them in that Act.

4. The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act and the Central Act or in any instrument having effect by virtue of any enactment other than this Act or the Central Act.

5. (1) The Government of Arunachal Pradesh may, by notification, appoint a Controller of Legal Metrology for the Union territory of Arunachal Pradesh 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.

1. (2) Every Additional Controller, appointed under sub-section (1), shall exercise such powers, and discharge such functions, of the Controller, as the Government of Arunachal Pradesh may, by notification, authorise in this behalf.
2. (3) The Controller may, by general or special order, define the local limits within which each Additional Controller or each Inspector shall exercise the powers and discharge the duties conferred or imposed on him by or under this Act.
3. (4) Subject to the provisions of this Act, every Additional Controller and every Inspector shall perform his functions and discharge the duties of his office under the general superintendence, directions 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.
4. (5) The Controller and every Additional Controller 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. Where the Controller is of opinion that it is necessary so to do, he may, by an order in writing, authorise an Inspector, or other 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. The Controller and every Additional Controller and every Inspector and every other person authorised to perform any duty by or under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

8. No suit, prosecution or other legal proceeding shall lie against the Controller, any Additional Controller, or any Inspector or any other person authorised to perform any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made thereunder.

9. (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 within the Union territory of Arunachal Pradesh in such circumstances as to indicate that such weight or measure is intended, or is likely, to be used for any weighment or measurement.

1. (2) Any custom usage, practice or method of whatever nature which permits a person to demand, receive, or cause to be demanded or received, within the Union territory of Arunachal Pradesh, any quantity of article, thing or service in excess of, or less than, the quantity specified by weight or measure in the contract or agreement in relation to the said article, thing or service shall be void.
2. (3) On and from the commencement of this Act, no weight, measure or number, other than the standard weight, measure or number, shall be used in, or form the basis of, any contract or agreement in relation to any trade or commerce within the Union territory of Arunachal Pradesh.
3. (4) Any contract or agreement, which contravenes the provisions of sub-section (3), shall be void.

10. (1) The Government of Arunachal Pradesh may, by rules made in this behalf, direct that in respect of the class of goods or undertakings or users specified therein, (a) no transactions dealing or contract shall be made or had, or

1. (b) no industrial production shall be undertake, within the Union territory of Arunachal Pradesh, except by such weight, measure or number as may be specified in the said rules.

1. (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. Except where he is permitted under the Central 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, within the Union territory of Arunachal Pradesh,-

1. (a) quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or
2. (b) issue or exhibit any price list, invoice, cash memo or other document, or
3. (c) prepare or publish any advertisement, poster or other document, or
4. (d) indicate the contents of any package, either on itself or on any label, carton or other thing, or
5. (e) indicate the contents on any container, or
6. (f) express, 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 numerations.

12. Every reference standard, supplied by Central Government to the Government of Arunachal Pradesh, 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 and authenticated in accordance with the rules made under the Central Act.

13. The Government of Arunachal Pradesh may cause to be prepared at a Mint as many sets of secondary standard or working standard, verified and authenticated by the Mint in such manner as may be specified under the Central Act, as it may think necessary : Provided that where the Mint intimates the Government of Arunachal Pradesh in writing that it is unable to prepare any secondary standard or working standard weight or measure, that Government may cause such secondary standard or working standard weight or measure to be prepared by such person as it may think fit and such secondary standard or working standard weight or measure shall be verified and authenticated by such authority as may be specified by rules made under this Act and every such verification and authentication shall be made in the manner specified under the Central Act.

14. (1) Every secondary standard or working standard shall conform to the standards established by or under Central Act and shall be verified with the reference standard or secondary standard, as the case may be in such manner an at such periodical intervals as may be specified by or under that Act and shall, if found on such verification to conform to the standards established by or under that Act, be stamped

1. (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.
2. (3) Every verification and stamping, referred to in sub-section (1), shall be made by such person or authority as may be prescribed.
3. (4) A secondary standard or working standard which is not verified and stamped in accordance with the provisions of sub-section (1) 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, of any weight or measure, not being a national prototype or a reference standard or secondary standard.
4. (5) Every secondary standard shall be kept at such place and in such custody as may be prescribed.

15. Where the Government of Arunachal Pradesh 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 Central 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.

16. (1) No person shall make manufacture, repair or sell 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 bonafide person who repairs in his premises any weight or measure owned by him shall not be required to take out a licence referred to in this sub-section if he, in the opinion of the Controller, (a) has the technical competence and the necessary equipment to repair such weight or measure, or

1. (b) having the necessary equipment for the repair of such weight or measure in his possession, has persons in his employment who have the technical competence to repair such weight or measure.

1. (2) A person who intends to commence, after the commencement of this Act, business as a maker, manufacturer, repairer or seller of any weight or measure, shall make an application in such form as may be prescribed, for the issue of a licence and every licence so issued may be renewed if an application for its renewal is made in the prescribed form at least one month before the expiry of the period of its validity.
2. (3) 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 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 said period on payment by him of such further fee, not exceeding the fee which is payable for the issue of the licence.
3. (4) The Controller may require every repairer licensed under this Act to furnish to the Government of Arunachal Pradesh a security for such sum, not exceeding two thousand rupees, as may be prescribed, to enable the Government to compensate any owner of weight or measure for any loss or damage occasioned by such repairer. (5)

17. (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 or renewal of the licence which is incorrect or false in any material particular or has contravened any provision of the Central Act or any rule made thereunder or of this Act or any rule 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.

1. (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 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.
2. (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 vacated.
3. (4) Every licence whose licence has been suspended or cancelled shall, immediately after such suspension or cancellation, as the case may be, surrender such licence to the authority by which such licence was issued.
4. (5) Every licence 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.

18. Save as otherwise provided in the Central 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 Central Act ;

1. (b) make or manufacture any weight or measure with indications thereon of any weight or measure other than the units specified by or under the Central Act.

19.

Manufacture, etc., to maintain recordrds and registers 20. (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.

1. (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 that sub-section.

21. (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 to be, used by him in any transaction or for industrial production or for protection, shall, before putting such weight or measure into use, have such weight or measure verified at such place, and during such hour as the Controller may, by general or special order, specify in this behalf (hereinafter referred to as the specified place or specified time).

1. (2) Every weight or measure referred to in sub-section (1) shall be reverified at such periodical intervals as may be prescribed.
2. (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 Central 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 as may be prescribed.
3. (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.
4. (5) Where the Controller is of opinion that by reason of the size or nature of any weight or measure, it is not desirable 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 Central Act and every weight or measure so certified shall be deemed to have been duly verified and stamped under this Act.

22. 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 to be used in any transaction or for industrial production or for protection.

23. (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 Central Act at every place within the Union territory of Arunachal Pradesh unless it is found on inspection or verification that such weight or measure does not conform to the standards established by or under that Act.

1. (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 Union territory of Arunachal Pradesh other than the place at which it was originally verified and stamped : Provide 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 reverified and stamped, notwithstanding that periodical reverification of such weight or measure has not become due.

24. (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 being, or is intended to be used, or

1. (ii) is in the possession, custody or control of any person, or
2. (iii) 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 industrial production or for protection, and may also verify whether such weight or measure or any article sold or delivered to any person is in conformity with the standards established by or under the Central Act.

1. (2) For the purpose of ascertaining the correctness of any weight or measure used in any transaction, any Inspector may also test the weight or measure of any article sold or delivered to any person in the course of such transaction.

25. (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 that any weight or measure does not conform to the standards established, by or under the Central Act, require, at all reasonable times 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

1. (ii) is in the possession, custody or control of such person for use, or
2. (iii) is kept in or on any premises for use in any transaction or for industrial production or for protection.

1. (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 or control of such weight or measure shall comply with such requisition.
2. (3) On inspection, whether under section 24 or under this section, the inspector may obliterate the stamp on any weight or measure, (a) which does not, or cannot be made to, conform to the standards established by or under the Central 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
   • (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 Central Act, verify such weight or measure and put his stamp thereon ;
   • (b) which does not admit of proper adjustment owing to its being broken, indented or other wise defective ;
   • (c) which, since the last verification and stamping, has been repaired or re-adjusted but does not, after such repair or re-adjustment, conform to the standards established by or under the Central Act ;
   • (d) which, being due for verification, has not been submitted for such verification.

26. (1) 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 used, or kept or believed to be kept for use, in any transaction or for industrial production or for protection,

1. (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, meas;ire or number, of any package, and may also examine any document or other record relating thereto.

1. (2) An Inspector may at all reasonable times enter into any premises for such purposes other than those specified in sub-section (1), as may be prescribed.

27. (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 such weight or measure, document or thing and the provisions of section 100 of the Code of Criminal Procedure, 1973, shall apply to every such search.

1. (2) Every authorisation made by the Controller under sub-section (1) shall be deemed to be a warrant referred to in section 100 of the Code of Criminal Procedure, 1973.

28. (1) An Inspector may seize and detain any weight or measure in relation to which an offence under this Act appears to have been committed or which is 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.

1. (2) Where any weight or 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.

29. If, on verification of any commodity in packaged form, the net weight, measure or number of commodity contained in the package or container is found to tally with the net contents thereof, as stated on the label thereon, the Inspector shall, where the person from whom such commodity was obtained for verification is, (a) the manufacturer or packer of such commodity, get the commodity re-sealed or re-packed, as the case may be, or

1. (b) a person who buys or sells such commodity, in wholesale or retail, acquire such package or container on payment in cash to such wholesaler or retailer the market price of the commodity contained in such package or container.

30. Every false or unverified weight or measure seized under the provisions of this Act shall be liable to be forfeited to the Government.

PROVISIONS WITH REGARD TO COMMODITIES IN PACKAGED FORM SOLD OR DISTRIBUTED WITHIN THE UNION TERRITORY OF ARUNACHAL PRADESH

31. provisions of the Central Act relating to packaged commodities to apply to packaged commodities sold or distributed withinh the territory 31. (1) The provisions of the Central Act with regard to commodities in packaged form shall, as far as may be, apply to every commodity in packaged form which is distributed, packed, sold, kept, offered or exposed for sale in the Union territory of Arunachal Pradesh as if these provisions were applicable to trade or commerce within the territory, subject to the modification that any reference therein to the Central Government and the Central Act shall be construed as reference, respectively, to the Government of Arunachl Pradesh and this Act.

1. (2) An Inspector may, from time to time, inspect the weight or measure, or count the number, of the commodity contained in any package which is, (i) kept at any place where the commodity is packed, or
   • (ii) kept, offered or exposed for sale, or
   • (iii) sold, delivered, held in possession or is in the process of delivery, within the Union territory of Arunachal Pradesh with a view to determining whether the package contains the quantity or number of the commodity as specified on it or the label thereon.
2. (3) Where the Inspector finds, after weighing, measuring or counting, that any package does not contain the quantity or number of the commodity, as specified on it or on the label thereon, or does not conform to the provisions of the Central Act or any rule or order made thereunder, he may seize such package and may also, by order, prohibit the sale of each package which is similar to the seized package and may so mark or seal each such package as to indicate clearly that the sale or delivery of such package has been prohibited and no such package shall be sold or kept, offered or exposed for sale or delivery or otherwise disposed of, unless, (i) the contents of such package have been brought into conformity with the provisions of the Central Act or any rule or order made thereunder, by the manufacturer, packer or distributor thereof, or
   • (ii) the disposal thereof has been authorised by the Controller.
3. (4) No person, shall keep in any place, where any transaction is made, any commodity in packaged form which is not for sale, and if any commodity in packaged form is kept in such place in contravention of the provisions of this sub-section, such commodity shall be presumed to have been kept in such place for sale.

32. (1) Where, the sale of any commodity is made by number and the number of the commodity delivered to the pursuance in pursuance of such sale is lesser than the number paid for, the seller shall be deemed to have used a false measure.

1. (2) Where, in relations to any commodity sold by number, there is a custom or usage of delivering a fixed number of such commodities in addition to the number of commodities paid for, such custom or usage shall, on and from the commencement of this Act, cease, and if the seller delivers to the purchaser the additional number of commodities in accordance with such custom or usage, he shall be deemed to have used a false measure and the purchaser shall be deemed to have abetted the use of such false measure.

33. (1) Where any commodity is sold by heaps, the approximate weight, measure or the number of commodity contained in each heap shall be conspicuously announced by the seller or his agent, if any, either by word of mouth or by a written notice placed on each heap :

Provided that no such announcement shall be necessary in the case of a heap the market price of the contents of which does not exceed one rupee.

1. (2) Where, on weighment, measurement or counting of any commodity sold by heap it is found that weight, measure or number, determined by such weighment; measurement or counting is less than the approximate weight, measure or number, the seller shall be deemed to have used a false weight or measure.

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.

65. (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 shall not carry on the business of such license 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 anything 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 license, or is, by a notice in writing informed by the Controller that such licence cannot be granted to him.

1. (2) Where the business of any person licensed under this Act is transferred by sale, gift lease or otherwise, the transferee or lessee, as 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.

66.

Appeals 67. (1) Subject to the provisions of sub-section (2), an appeal shall lie, (a) from every decision under Chapter V, VI, VII, VIII or IX of this Act, of, (i) an Inspector,

1. (ii) an Assistant Controller, to the Controller ; and

1. (b) from every decision of the Controller under Chapter V, VI, VII, VIII or IX of this Act, not being a decision made in appeal under clause (a), to the Government of Arunachal Pradesh or any officer specially authorised in this behalf by that Government.

1. (2) Every such appeal shall be preferred within sixty days from the date of the decision 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.
2. (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 appealed against, or may send back the case with such direction as it may think fit for a fresh decision after taking additional evidence, if necessary.
3. (4) Every appeal shall be preferred on payment of such fees, not exceeding twenty-five rupees, as may be prescribed.
4. (5) The Government of Arunachal Pradesh 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-

68 The Government of Arunachal Pradesh may, by rules made under section 69, levy such fees, not exceeding, (a) one hundred rupees, for the issue or renewal of a licence for making, manufacturing, repairing or selling any weight or measure,

1. (b) fifty rupees, for the alteration of any licence,
2. (c) five thousand rupees, for the verification of any weight or measure,
3. (d) ten rupees, for the adjustment of any weight or measure,
4. (e) ten rupees, for the issue of a duplicate of a licence or certificate of verification,
5. (f) one rupee, for every one hundred words less, for the grant of copies of any document, not being a document of a confidential nature,
6. (g) twenty-five rupees, for any appeal preferred under this Act.

69. (1) The Government of Arunachal Pradesh may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.

1. (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, undertakings or users in relation to which no transaction, dealing or contract shall be made except by such weight, measure or number,
   • (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 ;
   • (c) the persons by whom or authority by which and the place at which the following standards shall be verified, authenticated and stamped, namely :, (i) secondary standards ;
     • (ii) working standards ;
   • (d) the form in which and the manner 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,
   • (e) 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 ;
   • (f) the sum to be furnished by a repairer as security by a licensee ;
   • (g) the description of weight or measure which may be sold by a user ;
   • (h) the manner, disposal of weights or measures after cancellation of licence and the distribution of the proceeds thereof ;
     • (i) the records and the register relating to weights or measure to be maintained by makers, manufacturers, repairers or dealers ;
   • (j) the period within which weights or measures shall be verified or re-verified ;
   • (k) the steps to be taken for verifying any weight or measure which cannot be moved from its location ;
   • (l) the form in which a certificate of verification of any weight or measure shall be granted ;
   • (m) subject to the provisions of section 26, the purposes for which an Inspector may enter any premises ;
   • (n) the manner of disposal of seized articles which are subject to speedy or natural decay ;
   • (o) manner of defacement of rejected weights or measures ;
   • (p) the form in

70. (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 Union territory of Arunachal Pradesh are intended to be sold, distributed or delivered therein, the Government of Arunachal Pradesh may, by notifications, direct that the model of every such type of weights or measure shall be submitted for approval in accordance with the provisions of sections 36, 37 and 38 of the Central Act and thereupon, the provisions of the said sections 36, 37 and 38 shall become applicable to such model, and reference in those sections to the "Central GOVERNMENT" an to the "Central Act" shall be construed as references respectively to the "Government of Arunachal Pradesh" and "this Act".

1. (2) Where the Government of Arunachal Pradesh makes a direction under sub-section (1) in relation to any type of weight or measure, any contravention of the provisions of sections 36, 37 or 38 of the Central Act in relation to that type of weight or measure shall be an offence punishable under this Act and the punishment provided therefor in the Central Act shall be deemed to be the punishment provided therefor in this Act as if the said provisions relating to punishments were enacted by this Act.

-1 The provisions of this Act, in so far as they relate to the verification an stamping of weights or measures used for industrial production or for protection, shall not apply to any factory exclusively engaged in the manufacture of any arm, or ammunition, or both, for the use of the Armed Forces of the Union.