The Himachal Pradesh Weights and Measures Act, 1979

1. (1) This Act may be called the Himachal Pradesh Weights and Measures Act, 1979.
2. (2) It extends to the whole of Himachal Pradesh.
3. (3) It shall come into force on such date as the Government may, by notification, 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.

Nothing in this Act shall apply to any inter-State trade or commerce in any weight or measure or in any other goods which are sold, delivered or distributed by weight, measure or number.

In this Act, unless the context otherwise requires,-

1. (a) "Additional Controller" includes a Joint Controller, Deputy Controller and an Assistant Controller appointed under section 5;
2. (b) "authorised seal or stamp" means a seal or stamp made under, and in accordance with, the provisions of this Act;
3. (c) "Central Act" means the Standards of Weights and Measures Act, 1976 (60 of 1976);
4. (d) "Controller" means the Controller appointed by the Government under section 5;
5. (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, 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;
6. (f) "Government" or "State Government" means the Government of Himachal Pradesh;
7. (g) "heap" means any unit of a commodity for sale where such sale is intended to be made without any weightment or measurement or, where the sale is made by number, without counting the number;
8. (h) "Inspector" means a person who is appointed as such under section 5, by whatever name called;
   • (i) "mint" means a mint of the Central Government;
9. (j) "notification" means a notification published in the Rajpatra, Himachal Pradesh;
10. (k) "Official Gazette" means Rajpatra, Himachal Pradesh;
11. (l) "prescribed" means prescribed by rules made under this Act;
12. (m) "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;
13. (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; and
14. (o) 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.

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.

1. (1) The Government may, by notification, appoint a Controller, for the State 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.
2. (2) Every Additional Controller, appointed under sub-section (1), shall exercise such powers, and discharge such functions of the Controller, 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 direct 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.

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.

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 (45 of 1860).

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.

1. (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 State of Himachal 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.
2. (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 State of Himachal 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 other agreement in relation to the said article, thing or service shall be void.
3. (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 other agreement in relation to any trade or commerce within the State of Himachal Pradesh.
4. (4) Any contract or other agreement, which contravenes the provisions of sub-section
5. (3) shall be void.

1. (1) The Government may, by rules made in this behalf, direct that in respect of class of goods or undertakings or users specified therein—
   • (a) no transaction, dealing or contract shall be made or had, or
   • (b) no use for protection shall be made, within the State of Himachal Pradesh, except by such weight, measure or number as may be specified in the said rules.
2. (2) Any rule made under sub-section
3. (1) shall take effect in such area, from such future date and subject to such conditions, if any, as may be specified therein.

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 State of Himachal 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 of dimension, otherwise than in accordance with the standard units of weight, measure or numeration.

Every reference standard, supplied by the Central Government to the State Government, 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.

The State Government 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 State Government in writing that it is unable to prepare secondary standard or working standard weight or measure, the State 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.

1. (1) Every secondary standard or working standard shall conform to the standards established by or under the Central Act and shall be verified with the reference standard or secondary standard, as the case may be, in such manner and 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.
2. (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.
3. (3) Every verification and stamping referred to in sub-section
4. (1) shall be made by such person or authority as may be prescribed.
5. (4) A secondary standard or working standard which is not certified and stamped in accordance with the provisions of sub-section
6. (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 reference standard or secondary standard.
7. (5) Every secondary standard shall be kept at such place and in such custody as may be prescribed.

Where the State Government 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 so certified shall be deemed to have been duly stamped under this Act on the date on which such certificate was issued.

1. (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 person who bona fide 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
   • (b) having the necessary equipment for the repair of such weight to measure in his possession, has persons in his employment who have the technical competence to repair such weight or measure.
2. (2) Every licence issued under this section—
   • (a) shall be in such form as may be prescribed,
   • (b) shall be issued on payment of such fees as may be prescribed,
   • (c) shall be valid for such period as may be specified therein,
   • (d) may be renewed from time to time, and
   • (e) may contain such conditions and restrictions as may be prescribed.
3. (3) Every licence issued under the Himachal Pradesh Weights and Measures (Enforcement) Act, 1968 (23 of 1968) shall, if force immidately before the commencement of this Act, continue to be in force until the expiry of the period of its validity or until the cancellation thereof, whichever is earlier, and may be renewed under this Act 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.
4. (4) 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.
5. (5) 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 an application for the renewal of his licence within the period specified in sub-section (4), 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.
6. (6) On receipt of an application for the issue of a licence under this section, the Controller may, if he is satisfied, after making such inquiry as he may think fit, that the applicant fulfils the prescribed conditions, issue such licence: Provided that no application for the issue of a licence shall be rejected unless the applicant has been given a reasonable opportunity of making representation against the proposed action.
7. (7) No application for the renewal of a licence issued under this section shall be rejected unless—
   • (a) the holder thereof has been given a reasonable opportunity of showing cause against the proposed action, and
   • (b) the Controller is satisfied that—
     • (i) the application has not been made within the time specified in this section, or
     • (ii) the applicant has made any statement in, or in relation to, the application for the issue or renewal of the licence which is incorrect or false in any material particular, or
     • (iii) the applicant has contravened any provision of the Central Act or any rule made thereunder or of this Act or any rule made thereunder.
8. (8) The Controller may require every repairer licensed under this Act to furnish to the State Government security for such sum, not exceeding two thousand rupees, as may be prescribed, to enable that Government to compensate any owner of weight or measure for any loss or damage occasioned by such repairer.
9. (9) Nothing in this section shall apply to the sale by a user (who is not a maker, manufacturer, dealer or repairer) of any weight or measure of such description as may be prescribed.
10. (10) Every licence issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the licensee carries on his business.

1. (1) The Controller, 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.
2. (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.
3. (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 unti the order of such suspension has been vacated.
4. (4) Every licensee 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.
5. (5) Every licensee 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.

Save as otherwise provided in the Central Act, no person shall—

1. (a) make or manufacture any weight or measure unless such weight or measure conform to the standards established by or under the Central Act;
2. (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.

No weight or measure which is required by or under this Act to be verified and stamped shall be sold, used or kept for use unless it has been verified and stamped.

1. (1) Every maker, manufacturer, repairer or dealer and every person using any weight or measure in 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.
2. (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.

1. (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 hours as the Controller may, by general or special order, specify in this behalf (hereinafter referred to as the "specified place" or "specified time").
2. (2) Every weight or measure referred to in sub-section
3. (1) shall be re-verified at such periodical intervals as may be prescribed.
4. (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.
5. (4) Where any verification has been made under sub-section
6. (3) the Inspector shall grant to the person referred to in sub-section
7. (1) a certificate in the prescribed form indicating therein the particulars of the weight or measure verified and stamped by him.
8. (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.

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.

1. (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 State of Himachal 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.
2. (2) No weight or measure which is, or is deemed to be, duly verified and stamped under this Act shall be re-stamped merely by reason of the fact that it is being used at any place within the territory of the State of Himachal Pradesh other than the place at which it was originally verified and stamped: Provided 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 re-verified and stamped, notwithstanding that periodical re-verification of such weight or measure has not become due.

1. (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
   • (ii) is in the possession, custody or control of any person, or
   • (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 any industrial production or for protection, and may also verify whether such weight or measure is in conformity with the standards established by or under the Central Act.
2. (2) For the purpose of ascertaining the correctness of any weight or measure used in any transaction, the Inspector may also test the weight or measure of any article sold or delivered to any person in the course of such transaction.

1. (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 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
   • (ii) is in the possession, custody or control of any person for use, or
   • (iii) is kept in or on any premises, for use in any transaction or for industrial production or for protection.
2. (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
3. (1) and the person first mentioned in that sub-section shall comply with such requisition.
4. (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 otherwise 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.

1. (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 or 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,
   • (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, measure or number, of any package, and may also examine any document or other record relating thereto.
2. (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.

1. (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 (2 of 1974) shall apply to every such search.
2. (2) Every authorisation made by the Controller under sub-section
3. (1) shall be deemed to be a warrant referred to in section 100 of the Code of Criminal Procedure, 1973 (2 of 1974).

1. (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.
2. (2) Where any weight or measure or any article is seized or detained under sub-section (1), the Inspector may also seize and detain any document or other record relating to such weight, measure or article.

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 agree 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—

1. (a) the manufacturer or packer of such commodity, get the commodity re-sealed or re-packed, as the case may be, or
2. (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.

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

1. (1) The provisions of the Central Act with regard to the 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 State of Himachal Pradesh as if those provisions were applicable to trade or commerce within that State subject to the modification that any reference therein to the Central Government and the Central Act shall be construed as, respectively, to the Government and this Act.
2. (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 State of Himachal Pradesh with a view to determining whether the package contains the quantity or number of the commodity as specified on it or on the label thereon.
3. (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.
4. (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.

1. (1) Where the sale of any commodity is made by number and the number of the commodity delivered to the purchaser in pursuance of such sale is lesser than the number paid for, the seller shall be deemed to have used a false measure.
2. (2) Where, in relation to any commodity sold by number, there is a custom or usage of delivering

1. (1) Except where he is permitted under the Central Act so to do, whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any weight, measure or number other than the standard weight, measure or number, shall be punished with a 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.
2. (2) Whoever renders, or causes to be rendered, any service in terms of any weight, measure or number other than the standard weight, measure or number, shall be punished with a 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. (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
   • (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.
2. (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, obtain that service in excess of the service contracted for or 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.
3. (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 a 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.

Whoever, in relation to any specified class of goods, undertakings or users of weights or measures, 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, 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.

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,—

1. (a) quotes any price or charge, or makes any announcement with regard to the price or charge, or
2. (b) issues or exhibits any price list, invoice, cash memo, or other document, or
3. (c) prepares or publishes any advertisement, poster or other document, or
4. (d) indicates the weight, measure or number of the net contents of any package on any label, carton or other thing, or
5. (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 established by or under the Central Act, shall be punished with a 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.

Whoever, being required to obtain a licence under this Act, makes, manufactures, repairs or sells any weight or measure, without being in possession of a valid licence, 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 and also with fine.

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.

Except where he is permitted under the Central Act so to do, whoever makes or manufactures any weight or measure which,—

1. (a) though ostensibly purports to conform to the standards established by or under that Act does not actually conform to the said standards, or
2. (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 in 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 and also with fine.

Whoever sells, uses or keeps for use any weight or measure which, being required to be verified and stamped under this Act, has not been so verified and stamped, 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, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

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.

Whoever, being required by 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 year and also with fine.

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 record relating thereto, 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.

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.

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 label, 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.

1. (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. (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 proceeded against and punished accordingly: Provided that nothing contained in this sub-section shall render any such person liable to such punishment if he proves that the offence was committed without his knowledge and that he had exercised all due diligence to prevent the commission of such offence.
2. (2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the 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. Explanation.—For the purposes of this section,—
   • (a) “company” means any body corporate and includes a firm or other association of individuals; and
   • (b) “director”, in relation to a firm, means a partner in the firm.

Notwithstanding any thing contained in the Code of Criminal Procedure, 1973 (2 of 1974),—

1. (a) no court shall take cognizance of an offence punishable under this 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;
2. (b) no court inferior to that of a Judicial Magistrate of the First Class shall try any offence under this Act;
3. (c) an offence punishable under sections 34, 36, 37, 38, 39, 40, 43, 49, 50, 51 or sub-section

1. (3) of section 69 may be tried summarily by a Magistrate and no sentence of imprisonment for a term exceeding three months shall be passed in the case of any conviction for an offence which is tried summarily under this section,

1. (1) Any offence punishable under section 37, 38, 39, 40, 42, 43, 44, 45, 46, 49, 51, 53, 58 or sub-section
2. (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 of, or credit to, the State Government of 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.
3. (2) Nothing in sub-section
4. (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.
5. (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 compounded, and the offender, in if custody, shall be discharged forthwith.
6. (4) No offence under this Act shall be compounded except as provided by this section.

The provisions of the Indian Penal Code (45 of 1860), in so far as such proviosions relate to offences with regard to weights or measures, shall not apply to any offence which is punishable under this Act.

1. (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 licensee 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 nothing 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 licence, or is, by a notice in writing, informed by the Controller that such licence cannot be granted to him.
2. (2) Where the business of any person licensed under this Act is transferred by sale, gift, lease