section 18
Power to inspect etc
The Himachal Pradesh Weights and Measures (Enforcement) Act, 1968Corporate196846 sections5 chapters
Chapter III VERIFICATION AND STAMPING OF WEIGHTS AND MEASURES
Statutory text
Power to inspect etc.-
- (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) 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) 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) 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) 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) 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.
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