Penalty for keeping non-standard weights or measures for use and for other contraventions

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.