The Jammu and Kashmir Weights and Measures Enforcement Act, 1978

Preliminary

Short title, extent and commencement.

1. (1) This Act may be called the Jammu and Kashmir Weights and Measures (Enforcement) Act, 1978.
2. (2) It extends to the whole of the State of Jammu and Kashmir.
3. (3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint and different dates may be appointed for different--
   • (a) provisions of this Act,
   • (b) areas,
   • (c) classes of undertakings,
   • (d) classes of goods,
   • (e) classes of weights and measures,
   • (f) classes of users of weights and measures; and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision in such areas, or in respect of such class of undertakings, goods, weights and measures, or users of weights and measures, as the case may be, in relation to which it has been brought into force.

Act not to apply to inter-State trade or commerce.--This Act shall not apply to any inter-State trade or commerce in any weight or measure or in any other goods which are sold, distributed or delivered by weight, measure or number.

Definitions.--In this Act, unless the context otherwise requires--

1. (a) "Additional Controller" includes a Joint Controller, Deputy Controller and an assistant controller appointed under section 5;
2. (b) "authorised seal or stamp" means a seal or stamp made in accordance with the provisions of this Act or the Central Act;
3. (c) "Central Act" means the Standards of Weights and Measures Act, 1976 (Act 60 of 1976);
4. (d) "Controller" means the Controller of Legal Metrology appointed by the Government under section 5;
5. (e) "counterfeit" in relation to any seal or stamp, means a seal or stamp which is so made as to resemble an authorised seal or stamp, as the case may be, with the intention of causing, or knowing it to be likely that it will cause, deception; Explanation 1.--It is not essential that the resemblance to the authorised seal or stamp should be exact. Explanation 2.--When a person causes a seal or stamp to resemble an authorised seal or stamp and the effect of such resemblance is such that a person relies on such seal or stamp, it shall be presumed, unless the contrary is proved, that the seal or stamp was made with the intention that deception would thereby be practised;
6. (f) "heap" means any unit of a commodity intended to be made without any container, and the sale is made by number, where the sale is made by number;
7. (g) "Inspector" means a person who is appointed as an Inspector under section 5, by whatever name called;
8. (h) "notification" means a notification published in the Government Gazette;
   • (i) "prescribed" means prescribed by rules made under the Central Act or under this Act;
9. (j) "protection" means the utilisation of reading or information obtained from a weight or measure for determining a charge or as a basis for payment;
10. (k) "standard weight or measure" means a weight, measure or number which conforms to the standards established by or under the Central Act;
11. (l) "State Government" means the Government of Jammu and Kashmir;
12. (m) words and expressions used in this Act and not defined but defined in the Central Act shall have the meanings respectively assigned to them in that Act.

Act to override other laws.--The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act or in any Central Act.

Appointment of Controllers, Inspectors and Other Officers

Appointment of Controllers, Inspectors and other officers and staff.--

1. (1) The Government may, by notification, appoint a Controller of Legal Metrology for the State and as many Additional, Joint, Deputy or Assistant Controllers, Inspectors and other officers and staff as may be necessary for exercising the powers and efficiently discharging the duties conferred or imposed on them by or under this Act.
2. (2) Every Additional Controller, Joint, Deputy or Assistant Controller, Inspector and other officer and staff appointed under sub-section (1), shall exercise such powers, and discharge such duties, of the Controller, as the Government may by notification, authorise in this behalf.
3. (3) The Controller may, by general or special order, define the local limits within which each Additional Controller or each Inspector shall exercise the powers and discharge the duties conferred or imposed on him by or under this Act.

Power to authorise Inspector to adjust weights or measures.--Where the Controller is of opinion that it is necessary so to do, he may by an order authorise an officer, not below the rank of an Inspector, to adjust any weight or measure in any area within the local limits of his jurisdiction.

Controller and officers appointed under this Act to be public servants.--The Controller and every Additional Controller, Joint, Deputy or Assistant Controller, Inspector and every other person authorised to perform any duty by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the State Ranbir Penal Code, Samvat 1989.

Prohibition of use of weights and measures, other than standard weights and measures.--

1. (1) Notwithstanding any other law or any custom, usage or practice, no weight or measure, other than the standard weight or measure, shall be used or kept in any premises where such weight or measure is used for any trade, commerce, production, protection, negotiation or other dealing.
2. (2) No weight, measure or number, other than the standard weight or measure or number, shall be used in, or form the basis of, any contract or other agreement in relation to any trade or commerce within the State.
3. (3) Any contract or other agreement, which contravenes the provisions of sub-section
4. (2) shall be void.

Power to prescribe obligations of manufacturers, etc. in certain cases.--

1. (1) The State Government may, by rules made in this behalf, direct that in respect of any class of goods or undertakings or users specified therein--
   • (a) no transaction, dealing or contract shall be made or had, or
   • (b) no industrial production shall be undertaken, or
   • (c) no use for any purpose shall be made, of such weight, measure or number as may be specified in the rules.
2. (2) Any rule made under sub-section
3. (1) shall take effect in such area, from such future date and subject to such condition, if any, as may be specified therein.

Prohibition of quotations, etc. otherwise than in terms of standard units of weight, measure or numeration.--Notwithstanding anything contained in the Central Act, no person shall, in relation to any goods which are sold, transferred, distributed or delivered, or any service rendered, within the State--

1. (a) quote, or make any announcement of, whether by word of mouth or otherwise, any price or charge, or
2. (b) issue or exhibit any price list, invoice, cash memo or other document, or
3. (c) prepare or publish any advertisement, or
4. (d) indicate the contents of any package either on itself or on any label, carton or other thing, or
5. (e) state the contents on any signboard, or
6. (f) carry on any transaction, or
7. (g) perform any contract, otherwise than in accordance with the standard units of weight, measure or numeration.

Custody and Verification of Standards

Custody and verification of reference standards.--Every reference standard supplied by the Central Government to the State Government shall be kept at such place and in such custody as may be prescribed and such reference standard shall be deemed to be accurate and shall not be used as such unless it has been verified and authenticated in accordance with the rules made under the Central Act.

Preparation of secondary and working standards.--The State Government may cause to be prepared at a Mint as many sets of secondary standard or working standard, verified and authenticated in such manner as may be specified under the Central Act: Provided that where the State Government is unable to prepare secondary standard or working standard weight or measure, the Government may cause such secondary standard or working standard weight or measure to be made and verified and authenticated by such authority as may be prescribed under this Act and every such weight or measure shall be made in the manner specified under the Central Act.

Verification, stamping and custody of standards.--(1) Every secondary standard or working standard shall, after verification in relation to the standard established by or under the Central Act and after verification in relation to the standards established by or under that Act, be stamped.

1. (2) A certificate of verification shall be issued in respect of every secondary standard or working standard, and such certificate shall be deemed to be a secondary or working standard, as the case may be, and such standard shall not be used for the verification of any working standard or weight or measure unless it has been verified and authenticated in the manner specified in the Central Act.
2. (3) Every secondary standard shall be kept at such place and in such custody as may be prescribed.

Working or working standard which may be stamped.--Where the State Government is of opinion that by reason of the size or mode of construction of any secondary standard or working standard, it is not possible to put a stamp thereon, it may direct that such secondary standard or working standard shall be certified in such manner as may be prescribed and such secondary standard or working standard so certified shall be deemed to be stamped for the purposes of this Act on date of such certification.

Manufacture, Repair or Sale of Weights or Measures

Prohibition on the manufacture, repair or sale of weights or measures without licence.--(1) No person shall make, manufacture, repair or sell any weight or measure unless he holds a valid licence issued in this behalf by the Controller authorising such person to do so: Provided that a person who is engaged in the work of adjustment of any weight or measure can perform such function without obtaining a licence referred to in this sub-section if--

1. (a) he has the technical competence and the necessary equipment to repair such weight or measure, or
2. (b) having the necessary equipment for the repair of such weight or measure in his possession, has the technical competence to repair such weight or measure.

1. (2) Every licence issued under this section--
   • (a) shall be in such form as may be prescribed,
   • (b) shall be issued on payment of such fees as may be prescribed,
   • (c) shall be valid for such period as may be specified in the licence,
   • (d) may be renewed from time to time,
   • (e) may contain such conditions as may be prescribed.
2. (3) Every licence issued under the Jammu and Kashmir Weights and Measures (Enforcement) Act, 1978 shall be valid until the expiry of the period of its validity or until its renewal is made, whichever is earlier, and may be renewed from time to time in the prescribed manner and such renewal shall be made in the prescribed manner before the expiry of the period of its validity.
3. (4) A person who intends to commence, or continue, business as a maker, manufacturer, repairer or dealer of any weight or measure, shall make an application in such form and on payment of such fees as may be prescribed for the issue of a licence and every licence shall be valid, unless an application for its renewal is made in the prescribed manner before the expiry of the period of its validity.
4. (5) The Controller may, if he is satisfied that the applicant was prevented by sufficient cause from making an application for the renewal of the licence before the expiry of the said period on payment by him of such additional fee, not exceeding the fee which is payable for the issue of a licence, as may be prescribed.
5. (6) On receipt of an application for the renewal of a licence under this section, the Controller may, if he is satisfied, after such inquiry as he may think fit, that the applicant does not hold the necessary qualification, refuse to renew such licence: Provided that no application for the renewal of a licence shall be rejected unless the licensee has been given a reasonable opportunity of showing cause against the rejection.
6. (7) No application for the renewal of a licence shall be rejected unless-- [sic: text provided implies proviso logic].
7. (8) The Controller may require every repairer to furnish security for the performance of his work, not exceeding two thousand rupees, as may be prescribed to ensure that the repairer is able to compensate the owner of any weight or measure.
8. (9) Nothing in this section shall apply to a repairer, manufacturer, dealer or user of any weight or measure of such description as may be prescribed.
9. (10) Every licence issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the licensee carries on his business.

Suspension and cancellation of licence.--(1) The Controller may, if he has reason to believe that the holder of any licence issued under this Act has made any statement in, or in relation to, any application for the issue or renewal of the licence which is incorrect or false in any material particular or has contravened any provision of the Central Act or any rule made thereunder or of this Act or any rule made thereunder, suspend such licence, pending the completion of any enquiry or trial against the holder of such licence: Provided that no such licence shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.

1. (2) The Controller may, if he is satisfied after making such inquiry as he may think fit that the holder of a licence has made a false or incorrect statement referred to in sub-section
2. (1) or has contravened any law referred to in that sub-section, cancel such licence: Provided that no such licence shall be cancelled unless its holder thereof has been given a reasonable opportunity of showing cause against the proposed action.
3. (3) Every person whose licence has been suspended shall, immediately after such suspension, stop functioning as such licensee and shall not resume business as such licensee until the order of such suspension has been vacated.
4. (4) Every licensee whose licence has been cancelled shall, immediately after such cancellation, surrender such licence to the authority by whom it was issued.

Manufacture of weights or measures.--No person shall, in the course of trade, manufacture, repair or sell any weight or measure unless he uses such material and dimensions as are specified by or under the Central Act.

Prohibition of sale or use of unstamped weights or measures.--No weight or measure shall be sold or delivered, or used, or kept for use, in any transaction or for industrial production or for public protection unless it has been verified and stamped in accordance with the provisions of this Act and the rules made thereunder.

Makers, etc. to maintain records and registers.--Every maker, manufacturer, repairer or dealer and every person using any weight or measure in any transaction or for industrial production or for public protection shall maintain such records and registers as may be prescribed and if required by an Inspector shall produce such records and registers before the Inspector for inspection.

Verification and stamping of weights or measures.--Every person using any weight or measure in any transaction or for industrial production or for public protection shall present such weight or measure for verification or re-verification at such place and within such time as the Inspector may specify in this behalf:

Display of certificate of verification Display of certificate of verification.--Every certificate of verification granted under this Act shall be displayed in a conspicuous place in the premises where the business is carried on or the weight or measure is used.

Verification and Stamping of Weights or Measures

Validity of weights or measures as stamped.--A weight or measure which, at the time of its being stamped, was, or was deemed to be, correct, shall be valid throughout the State unless it is found to be false or is defective and shall not be required to be restamped merely because it is removed from the place where it was stamped to any other place.

Power to inspect.--An Inspector may, within the local limits of his jurisdiction, inspect any weight or measure or any package--

1. (a) which is being, or is intended to be, sold, distributed, delivered or held in, or is in, any premises;
2. (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.

Power of Inspector to require production of weight or measure etc. for inspection.--(1) An Inspector may, by order, require--

1. (i) any person who carries on, in relation to any weight or measure, any business, or
2. (ii) any other person, or
3. (iii) is in the possession, custody or control of such person for use, or
4. (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.

1. (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
2. (1) and the person first mentioned in that sub-section shall comply with such requisition.
3. (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.

Power of Inspector to inspect, etc.--(1) An Inspector may, at all reasonable times, enter any premises--

1. (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;
2. (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.

1. (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.

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.

1. (2) Every search made under this section shall be carried out in accordance with the provisions of the Code of Criminal Procedure, Samvat 1989.

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.

1. (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.

Forfeiture

Penalty for use of false or unverified weight or measure

Provisions with Regard to the Sale of Commodities in Packaged Form

Provisions of the Central Act relating to packaged commodities to apply to packaged commodities sold or distributed within the State.--(1) The provisions of the Central Act, as in force for the time being, shall apply to packages intended to be sold, distributed, delivered, held in, or are in, any premises within the State-- subject to the modification that--

1. (i) any reference in the Central Act to the Central Government and the Central Act shall be construed as a reference to the State Government and this Act.

1. (2) An Inspector may, from time to time, inspect any package which is--
   • (i) being, or is intended to be, sold, distributed, delivered, held in, or is in, any premises;
   • (ii) kept, offered or exposed for sale; or
   • (iii) sold, delivered, held in or is in any premises for sale or delivery; within the State with a view to verify the weight, measure or number of the package or the contents thereof.
2. (3) Where the Inspector finds that any package does not contain the net quantity of the commodity as specified on it or on the label thereon, or does not conform to the provisions of the Central Act, the Inspector may seize such package and may also by order prohibit the sale or delivery of any package which is similar to the seized package as to indicate clearly that the sale or delivery thereof has been prohibited, and no such package shall be sold or delivered or exposed for sale or delivery--
   • (i) unless the contents of such package have been made to conform with the provisions of the Central Act, or as the case may be, the rules made thereunder, by the manufacturer, or
   • (ii) the distribution thereof has been sanctioned by a person authorised in this behalf.
3. (4) No person shall keep in any place any commodity in packaged form which is prohibited under sub-section (3), 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 deemed to be kept in such place for sale.

Provisions with Regard to the Sale of Commodities in any other Form

Sale of commodities by number.--(1) Where in relation to any commodity the sale is made by number and the number of commodities delivered to the purchaser in pursuance of such sale is less than the number contracted for, the seller shall be deemed to have used a false weight or measure.

1. (2) Where in relation to any commodity, there is in existence a custom or usage of delivering a fixed number of items in addition to the number of commodities purchased, and the seller fails to deliver to the purchaser the additional number of items, in accordance with such custom or usage, he shall be deemed to have used a false weight or measure.

Sale of commodities by heaps.--(1) Where any commodity is sold by heaps, the approximate weight, measure or number of contents in each heap shall be conspicuously announced by the seller or his agent, if any, either by word of mouth or by a written notice placed on such heap: Provided that no such announcement shall be made in respect of a heap, the price of the contents of which does not exceed one rupee.

1. (2) Where, on weighment, measurement or counting of any commodity sold by heap, it is found that the weight, measure or number determined by such weighment, measurement or counting is less than the approximate weight, measure or number announced by the seller or his agent, and the deficiency is more than five per cent of such announced weight, measure or number, the seller shall be deemed to have used a false weight or measure.

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.