Chapter X Chapter X

Offence and Penalties

Penalty for manufacturing etc. of non-standard weights or measures.--(1) Whoever--

1. (i) makes or manufactures, or causes to be made or manufactured, (except where he is permitted under the Act so to do), any weight or measure in accordance with any standard other than the standards established by or under the Central Act, or
2. (ii) sells or otherwise transfers, or causes to be sold or otherwise transferred, or
3. (iii) lets, or causes to be let, on hire, any weight or measure which does not conform to the standards established by or under the Central Act, 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.

Penalty for counterfeiting of seals, etc.--(1) Whoever--

1. (i) counterfeits any seal specified by or under this Act or the Central Act, or
2. (ii) sells or otherwise disposes of any counterfeit seal, or
3. (iii) possesses any counterfeit seal, or
4. (iv) uses any stamp whether made under this Act or the Central Act or any rule made under either of these Acts, or
5. (v) removes any stamp made under this Act or any rule made under either of these Acts, or
6. (vi) scales or tempers with any stamp made under this Act or any rule made under either of these Acts, or the seal or the weight or measure, or
7. (vii) sells or keeps or exposes for sale any weight or measure with a view to deceive, knowing or having reason to believe that it is a counterfeit seal or stamp, shall be punished with imprisonment for a term which may extend to two years.

1. (2) Whoever obtains, by unlawful means, any seal specified by or under this Act or the Central Act and uses such seal for making any stamp on any weight or measure shall be punished, for such offence, with imprisonment for a term which may extend to five years and also with fine.
2. (3) Whoever, being in possession of any seal specified by or under this Act or the Central Act, uses such seal in relation to any weight or measure, otherwise than in accordance with the provisions of this Act, shall be punished with imprisonment for a term which may extend to two years and also with fine.

Penalty for sale or delivery of non-standard weight, measure or number.--(1) Whoever sells or delivers, or causes to be sold or delivered, any non-standard weight, measure or number shall be punished with imprisonment for a term which may extend to six months, for the first offence, and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

1. (2) Whoever sells, or causes to be sold, or delivered, or causes to be delivered, any weight or measure other than the standard weight or measure, 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.

Penalty for keeping non-standard weights or measures for use and for other contraventions.--(1) Whoever keeps in any business premises any weight or measure or number which is not a standard weight or measure or number in such circumstances as to indicate that such weight or measure, being or is likely to be, used for any--

1. (a) weight or measurement, or
2. (b) transaction or 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.

1. (2) Whoever--
   • (a) in selling any article or thing by weight, measurement or number, delivers or causes to be delivered to the purchaser any quantity or number of that article or thing less than the net quantity or number contracted for or paid for; or
   • (b) in rendering any service by weight, measurement or number, renders that service less than 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 three years and also with fine.
2. (3) Whoever, after the commencement of this Act, uses any weight or measure other than those specified by or under the Central Act, 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.

Penalty for contravention of section 10.--Whoever, in relation to any specified class of goods or undertakings, uses in any transaction or for industrial production or for protection, any weight, measure or number other than that 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.

Penalty for contravention of section 11.--Whoever, except where he is permitted under the Central Act so to do, in relation to any goods which are sold, transferred, distributed or delivered, or any service rendered within the State--

1. (a) quotes any price or charge, or makes any acknowledgment or gives any receipt,
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, any data of any quantity or dimension, otherwise than in accordance with the standard units of weight, measure or number, 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.

Penalty for contravention of section 16.--Whoever contravenes the provisions of section 16 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 one year and also with fine.

Penalty for contravention of section 17.--A licensee who alters or otherwise tampers with any licence issued or renewed under this Act, or continues to function as a licensee under this Act while the licence is under suspension, shall be punished with imprisonment for a term which may extend to one year.

Penalty for contravention of section 18.--Whoever, being a maker, manufacturer, repairer or dealer and every person having any weight or measure in his possession, custody or control, fails to produce for verification such weight or measure or any document or other record relating thereto, 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.

Penalty for contravention of section 19.--Whoever, being a maker, manufacturer, repairer or dealer of any weight or measure, fails to maintain any record or register as required by section 20, or fails to produce the same before the Inspector for inspection, 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.

Penalty for contravention of section 20.--Whoever, being required by section 20 to maintain any record or register, fails to do so, or fails to produce the same before the Inspector for inspection when required by him to do so, or omits or fails to do so, shall be punished with fine which may extend to two thousand rupees.

Penalty for contravention of section 21.--Whoever, being required by section 21 to present any weight or measure for verification or re-verification, fails to do so, without any reasonable cause, shall be punished with imprisonment for a term which may extend to one year and also with fine.

Penalty for contravention of section 25.--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 such Inspector any weight or measure, or any document or other record relating thereto, 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.

Penalty for contravention of section 26.--Whoever, prevents the entry of an Inspector or any person authorised to exercise the powers of an Inspector into any premises, or obstructs the entry of an Inspector or any person authorised to exercise the powers of an Inspector into any premises for the verification of any weight or measure or any document or other record relating thereto or the net contents of any package or 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 and also with fine.

Penalty for contravention of section 32.--Whoever is deemed under section 32 to have used, or abetted the use of, any false weight or measure 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 five years and also with fine.

Penalty for contravention of section 33.--Whoever sells any commodity by heaps without complying with the provisions of section 33, shall be punished with fine which may extend to one hundred rupees, and for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine which may extend to five hundred rupees or with both.

Penalty for tampering with licence.--Whoever alters or otherwise tampers with any licence issued or renewed under this Act or any rules made thereunder, otherwise than in accordance with any authorisation made by the Controller in this behalf, shall be punished with fine which may extend to two thousand rupees, or with imprisonment for a term which may extend to one year, or with both.

Penalty for selling or delivering rejected weights and measures.--Whoever sells, delivers or disposes of, or causes to be sold, delivered or disposed of any weight or measure which has been rejected on verification under this Act or the Central Act, or any rule made under either of the said Acts, 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 :

Penalty for personation of Inspector Penalty for personation of Inspector.--Whoever personates in any way the Inspector, shall be punished with imprisonment for a term which may extend to five years.

Penalty for giving false information or maintaining false records or registers.--(1) Whoever gives any information to an Inspector or any officer authorised by or under this Act to ask for information in the course of his duty which he knows or has reason to believe to be false or false in any material particular, shall be punished with fine which may extend to one thousand rupees, or with both.

1. (2) Whoever, being required by or under this Act to maintain any record or register, which is false in any material particular, 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.

Penalty for contravention not separately provided for.--Whoever contravenes any provision of this Act for the contravention of which no punishment has been separately provided for in this Act, shall be punished with fine which may extend to two thousand rupees.

Presumption to be made in certain cases.--(1) When it is proved that any person--

1. (a) makes or manufactures, or causes to be made or manufactured, any false weight or measure, or
2. (b) uses, or causes to be used, any false or unverified weight or measure in any transaction or for industrial production or for protection,
3. (c) sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred, any false or unverified weight or measure, it shall be presumed, until the contrary is proved, that such person had the knowledge that such weight or measure was a false or unverified weight or measure, as the case may be.

1. (2) If any person has in his possession, custody or control any false or unverified weight or measure, it shall be presumed that such false or unverified weight or measure is likely to be used for any transaction, industrial production or for protection by such person with the knowledge that it is false or unverified.

When employer to be deemed to have abetted an offence.--(1) Any employer who knows or has reason to believe that any person employed by him in the course of such employment has contravened any provision of this Act, or any rule made thereunder, shall be deemed to have abetted an offence against this Act : Provided that no such employer shall be deemed to have abetted an offence against this Act if he has within seven days of the knowledge of such contravention, intimated in writing to Controller the name of the person by whom such contravention was made and the date and other particulars of such contravention.

1. (2) Whoever is deemed under sub-section
2. (1) to have abetted an offence against this Act, 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. Explanation.--Dismissal or termination of service of an employee after the expiry of the period specified in the proviso to subsection
3. (1) shall not absolve any employer of his liability under this sub-section.

Offences by companies.--(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, 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 section shall render any person liable to punishment if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence.

1. (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;
   • (b) "director", in relation to a firm, means a partner in the firm.

Cognizance of offences.--Notwithstanding anything contained in the Code of Criminal Procedure, Samvat 1989 :--

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 an offence under this Act;
3. (c) an offence punishable under sections 34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, 54, 55 or 58 of this Act may be tried summarily under this section.

Compounding of offences.--(1) Any offence punishable under sections 34, 35, 36, 37, 38, 39, 40, 42, 43, 44, 45, 46, 49, 50, 51, 52, 53, 54, 55 or 58 of this Act may whether 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 for credit to the 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.

1. (2) Nothing in sub-section
2. (1) shall apply to a person who commits the same or similar offence within a period of three years from the date 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.
3. (3) Where an offence has been compounded under sub-section (1), the offender, if in custody, shall be discharged forthwith.
4. (4) No offence under this Act shall be compounded except as provided by this section.

Licensing of person whose licence is suspended or cancelled.--Where the business of any person licensed under this Act is transferred by succession, inheritance, sale or lease or otherwise, the successor, heir, legatee or lessee (as the case may be, shall not carry on such business either in his own name or in any other name, unless he has obtained a licence to carry on such business : Provided that pending the grant of a licence to such successor, heir, legatee or lessee, he may carry on the business for a period of sixty days, if he has applied for the licence within thirty days of the acquisition, until he is informed that the licence cannot be given to him.

Licence when suitable for renewal.--A licence, if not renewed within the time specified by or under this Act, shall not be suitable for renewal.

Appeals.--(1) Subject to the provisions of sub-section (2), an appeal shall lie--

1. (a) from every decision under Chapter V, VI, VII, VIII or IX of this Act,
   • (i) if made by an Inspector, to the Controller;
   • (ii) if made by an Additional Controller, to the Controller;
2. (b) from every decision of the Controller made under Chapter V, VI, VII, VIII or IX of this Act, not being a decision made in appeal under clause (a), to the State Government or any officer specially authorised in this behalf by the Government.

1. (2) Every such appeal shall be preferred within sixty days from the date of the decision appealed against : Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, admit the appeal within a further period of sixty days.
2. (3) On receipt of any such appeal, the appellate authority may, after giving the appellant a reasonable opportunity of being heard, if the appellant so desires, and after making such enquiry as it deems proper, make such order as it may think fit and cause such order to be communicated to the parties, and the appellate authority may, if it is necessary, take evidence, if necessary.
3. (4) Every appeal shall be accompanied by such fee, not exceeding twenty-five rupees, as may be prescribed.
4. (5) The Government may, on its own motion or otherwise, call for and examine the record of any proceeding to satisfy itself as to the correctness, legality or propriety of any decision or order passed by any officer subordinate to it and may pass such orders thereon as it may think fit : Provided that no decision on order shall be varied under this sub-section so as to prejudicially affect any person unless such person has been given a reasonable opportunity of showing cause against the proposed variation.

Levy of fees.--The State Government may by notification, levy such fees, not exceeding--

1. (a) one hundred rupees, for the issue of a licence for manufacturing, repairing or selling any weight or measure;
2. (b) fifty rupees, for the alteration of any licence;
3. (c) five rupees, for the verification of any weight or measure;
4. (d) ten rupees, for the adjustment of any weight or measure;
5. (e) ten rupees, for the issue of a duplicate licence or certificate of verification;
6. (f) one rupee, for every 6 hundred words of any document not being a document mentioned in clause (e);
7. (g) twenty-five rupees, for any other matter.

Power to make rules.--(1) The State Government may, by notification in the official Government Gazette make rules to carry out the provisions of this Act.

1. (2) In particular, and without prejudice to the foregoing power, such rules may provide for all or any of the following matters, namely :--
   • (a) the class of goods, undertakings or transactions to which no provision of this Act or any rule made thereunder shall be applicable, or those to which they shall be applicable only with reference to weight, measure or number ;
   • (b) the places at which, and the custody in which, the following standards shall be kept, namely :--
     • (i) reference standards ;
     • (ii) secondary standards ;
     • (iii) working standards ;
   • (c) the authority by whom or the agency by which and the place at which the following standards shall be verified, authenticated and stamped, namely :--
     • (i) secondary standards ;
     • (ii) working standards ;
   • (d) the form in which and the manner in which an application shall be made for the issue of a licence to a manufacturer, repairer or dealer of any weight or measure ;
   • (e) the form in which and the terms and conditions, if any, subject to which any licence may be issued and the period of validity of such licence ;
   • (f) the sum to be furnished by a repairer as security by a licensee ;
   • (g) the scale of fees of, or including, the fees which may be charged for the issue of renewal of a licence ;
   • (h) the maintenance of records and registers and the manner of maintenance and the distribution of the proceeds thereof ;
     • (i) the records and the registers to be maintained by makers, manufacturers, repairers or dealers ;
   • (j) the period within which weights or measures shall be verified or re-verified ;
   • (k) the circumstances under which any weight or measure may be moved from its location ;
   • (l) the form in which a certificate of verification shall be granted ;
   • (m) subject to the provisions of section 26, the premises which the Inspector may enter ;
   • (n) the form of, and the manner of, disposal of rejected weights or measures ;
   • (o) the form in which appeals may be preferred and the procedure for the hearing of appeals ;
   • (p) the amount of fees which may be levied for matters specified in section 65 ;
   • (q) any other matter which is to be, or may be, prescribed.
2. (3) In making any rule under this section the State Government may provide that a breach thereof shall be punishable with fine as may be prescribed.
3. (4) The power to make rules shall be subject to the condition of previous publication in the Government Gazette.
4. (5) Every rule made under this section shall, as soon as may be after it is made, be laid before the State Legislature.

Power of Government to make rules relating to approval of models applicable to models of weights and measures to be used exclusively within the State.--(1) The Government may, if it is satisfied that any model of any weight or measure is intended to be used exclusively within the State, make rules for the approval of that model, and the provisions of this Act shall apply to such model as if it were a model approved by the Central Government and the references to the "Central Government" and to the "Controller" shall be construed as references respectively to the "State Government" and to the "Controller".

1. (2) Where the Government makes a rule under sub-section
2. (1) in relation to any type of weight or measure, the provisions of sections 36, 37 or 38 provided thereof in this Act provided thereof in this Act if the said provisions relating to packaged commodities were enacted by this Act.

Repeal and saving.--(1) The Jammu and Kashmir Weights and Measures (Enforcement) Act, 1961 is hereby repealed.