section 31
Provisions of the Central Act relating to packaged commodities to apply to packaged commodities sold or distributed within the State
The Himachal Pradesh Weights and Measures Act, 1979Corporate197951 sections
Statutory text
- (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) 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) 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) 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.
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