The Jammu and Kashmir Weights and Measures Enforcement Act, 1978
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24. Power to inspect
Power to inspect.--An Inspector may, within the local limits of his jurisdiction, inspect any weight or measure or any package--
- (a) which is being, or is intended to be, sold, distributed, delivered or held in, or is in, any premises;
- (b) which is in the possession, custody or control of any person for use, or is kept in or on any premises, for such purposes other than those specified in section 25, as may be prescribed.
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25. Power of Inspector to require production of weight or measure etc. for inspection
Power of Inspector to require production of weight or measure etc. for inspection.--(1) An Inspector may, by order, require--
- (i) any person who carries on, in relation to any weight or measure, any business, or
- (ii) any other person, or
- (iii) is in the possession, custody or control of such person for use, or
- (iv) is kept in or on any premises, to produce for inspection every weight or measure, which is in his possession, custody or control, or is kept in or on any premises, whether for use or sale or otherwise.
- (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
- (1) and the person first mentioned in that sub-section shall comply with such requisition.
- (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 seven days as he may specify and shall--
- (i) if the user fails to remove the defect or error within the said time, 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 on the 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 seven days as he may specify and shall--
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26. Power of Inspector to inspect, etc
Power of Inspector to inspect, etc.--(1) An Inspector may, at all reasonable times, enter any premises--
- (a) where he has reason to believe that any weight or measure is used, or is kept or used, in any transaction or for industrial production or for protection;
- (b) where such weight or measure is used, or kept for use, in any transaction or for industrial production or for protection; and may inspect or verify any weight or measure or the weight, measure or number, of any package, and may also examine any document or other record relating thereto.
- (2) An Inspector may at all reasonable times require any person for such purposes other than those specified in section 25, as may be prescribed.
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27. Power to search
Power to search.--(1) If an Inspector has reason to believe that any weight or measure is used or is kept or used in contravention of the provisions of this Act or of the Central Act, he may enter and search any premises and may seize any weight or measure or any document or other record which in his opinion is useful for or relevant to any proceeding under this Act or the Code of Criminal Procedure, Samvat 1989, shall apply to every such search.
- (2) Every search made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, Samvat 1989.
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28. Power of Inspector to seize any weight or measure
Power of Inspector to seize any weight or measure.--(1) An Inspector may seize and detain any weight or measure-- which 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.
- (2) Where any weight or measure is seized under sub-section (1), the Inspector may seize and detain any document or other record relating to such weight, measure or package.
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29. Forfeiture
Forfeiture
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30. Penalty for use of false or unverified weight or measure
Penalty for use of false or unverified weight or measure
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