Chapter III VERIFICATION AND STAMPING OF WEIGHTS AND MEASURES

Marking of denominations on commercial weights and measures.- Every weight or measure manufactured for use as a commercial weight or measure shall bear the description of the weight or measure, which it purports to be marked legibly on it in such manner as may be prescribed.

Prohibition of sale of unstamped commercial weights and measures.- No commercial weight or measure or weighing or measuring instrument shall be sold or delivered unless it has been verified or reverified in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with a stamp of verification.

Prohibition of use of unstamped commercial weights or measures.- No weight or measure or weighing or measuring instrument shall be used in transactions for trade or commerce unless it has been verified or reverified in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with a stamp of verification.

Power of Government to exempt.- Where the size of a commercial weight or measure renders it impracticable to have any denomination marked on it under the provisions of section 9 or to be stamped under the provisions of section 10 or section 11, the Government may, by notification in the Official Gazette, exempt such weight or measure from being so stamped.

Marking of weight or measure on sealed containers.- No person shall sell, offer for sale, expose for sale, or have in his possession for sale, any article contained in a sealed package or container unless such package or container bears thereon, or on a label securely attached thereto, a description of the net weight or measure of the article contained therein : Provided that the provisions of this section shall not apply to any article contained in a sealed package or container, if such articles are ordinarily sold in transactions for trade or commerce by counting their number : Provided further that the Government may, if it is satisfied that the size of any class of such packages, or containers renders it impracticable to comply with the provisions of this section, by notification in the Official Gazette, exempt such class from the operation of this section.

Prohibition of manufacture etc., of weights and measures without licence.- No person shall, in course of trade, manufacture, repair or sell any weight or measure or any weighing or measuring instrument, unless he has obtained in the prescribed manner a licence in this behalf from the Government or any officer authorised by it.

Appointment of Controller and Inspectors.-

1. (1) The Government may appoint a Controller of Weights and Measures for Himachal Pradesh and as many Inspectors of Weights and Measures as may be necessary for exercising the powers and discharging the duties conferred or imposed on them by or under this Act.
2. (2) The Government may, by general or special order, define the local limits within which each Inspector shall exercise the powers and discharge the duties conferred or imposed on Inspectors by or under this Act.
3. (3) Subject to the provisions of this Act, all Inspectors shall perform their functions under the general superintendence and control of the Controller.

Verification and stamping by Inspectors Verification and stamping by Inspectors.-

1. (1) Every Inspector shall, for the purpose of verification of weights and measures and weighing and measuring instruments, attend at such place and time within his jurisdiction as may be appointed in this behalf by the Controller.
2. (2) The Inspector shall verify every weight or measure or weighing or measuring instrument which is brought to him for the purpose of verification and if he finds such weight or measure or weighing or measuring instrument correct and in conformity with the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956), and the rules made thereunder, he shall stamp the same with a stamp of verification in the prescribed manner.

Power to inspect etc.-

1. (1) An Inspector may, within the area under his jurisdiction, inspect at all seasonable times, the weights, measures and weighing and measuring instruments which are used in transactions for trade or commerce or are in the possession of any person or are on any premises for such use and may verify every such weight or measure or weighing or measuring instrument with a secondary or working standard or weighing or measuring instrument prescribed for the purpose.
2. (2) For the purpose of verifying the correctness of any weight or measure used in any transaction, an Inspector may also verify the weight or measure of any article sold or delivered in the course of the transaction.
3. (3) An Inspector may, at all reasonable times, require any trader or any employee or agent of a trader to produce before him for inspection or verification all weights, measures, and weighing and measuring instruments which are used by him or are in his possession or are kept on any premises used for trade and all documents and records relating thereto and such trader, employee or agent shall comply with such requirement.
4. (4) An Inspector may seize and detain any weight or measure or weighing or measuring instrument regarding which an offence under this Act appears to have been committed or which appears to have been or which might be used in the commission of such an offence, and may also seize and detain any articles sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any documents or records relating thereto.
5. (5) Where an Inspector has reason to believe that sealed package or container does not actually contain the net weight or measure of the article which it purports to contain, the Inspector may break open the sealed package or container and verify its contents ; and, if on such verification, the net weight or measure of the article is found to be correct, the Inspector shall reseal the package or container where it is possible so to do without injury to the contents thereof and attach a certificate thereto stating the correct weight or measure of the article, and where it is not possible to reseal such package or container, he shall tender the fair price thereof and may require a written acknowledgement therefor. But if, on the other hand, the net weight or measure of the article is found, on such verification, to be incorrect the Inspector may seize and detain the package or container and the article contained therein after tendering the fair price thereof where the seizure is made from any person other than the manufacturer and may file a complaint against the seller or manufacturer or both for contravention of the provisions of section 14.
6. (6) For the purpose of such inspection, an Inspector may, at all reasonable times, enter into any place where weights, measures or weighing or measuring instruments are used or kept for use in transaction for trade or commerce and inspect such weights and measures and weighing and measuring instruments. Explanation.-Where any premises is partly used for trade and partly for dwelling purposes, the whole of such premises shall for the purpose of this sub-section be treated as a place where weights or measures or weighing or measuring instruments are used or are kept for use in transactions for trade or commerce.

Power of Inspector to adjust weights or measures.- Where it appears to the Government desirable that an Inspector should be allowed in any area to adjust the weights or measures or weighing or measuring instruments, it may, if it thinks fit, authorise such Inspector to adjust weights or measures or such instruments accordingly.

Manufacturers etc., to maintain records and documents.-

1. (1) Every manufacturer, repairer or dealer in weights or measures or weighing or measuring instruments and every person using them in transaction for trade or commerce shall maintain such records and accounts as may be prescribed and if required so to do by an Inspector, shall produce such records and accounts before him.
2. (2) Notwithstanding anything contained in sub-section (1), if the Government is of opinion that, having regard to the nature of business carried on by any such manufacturer, repairer or dealer, it is necessary so to do, it may, by order, exempt such person or class of persons from the operation of that sub-section.

Appeals.-

1. (1) Subject to the provisions of sub-section (2), an appeal shall lie,-
   • (a) from every decision of an Inspector under this Act to the Controller ; and
   • (b) from every decision of the Controller under this Act, not being a decision made in appeal under clause (a), to the Government or any officer specially authorised in this behalf by the Government.
2. (2) Every such appeal shall be preferred within sixty days from the date of the decision.
3. (3) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such enquiry as it deems proper, decide the appeal and the decision of the appellate authority shall be final.

Levy of fees.- The Government may charge such fees,-

1. (a) for the grant of licenses under section 13 for manufacture, repair or sale of weights and measures and weighing and measuring instruments ; and
2. (b) for the verification, marking, stamping and adjustment of commercial weights and measures and weighing and measuring instruments, as may be prescribed.

Validity of weights and measures duly stamped.- A weight or measure, or weighing or measuring instrument, duly stamped by an Inspector under this Act, shall be a legal weight or measure, or weighing or measuring instrument in all places in which this Act has come into force unless it is found to be false or defective and shall not be liable to be restamped by reasons merely of the fact that it is used in any place other than that in which it was originally stamped.