Chapter IV Chapter IV

Penalties

Penalty for sale or delivery by weight or measure other than standard weight or measure.-Whoever, after the expiry of three months from the commencement of this section, sells or causes to be sold or delivers or causes to be delivered in the course of any transaction for trade, business or commerce any article by any denomination of weight or measure other than that of the standard weight or measure [or whoever after the commencement of the Weights and Measures Enforcement (amendment) Act, 1963, keeps any unit of mass or measure other than the standard weigh+ or measures in any premises where such transactions are usually conducted] shall be punishable, for a first offence with fine which may extend to five hundred rupees, and for a second or subsequent offence, with imprisonment for a term which may extend to three months, or with fine, or with both.

Penalty for sale of unstamped commercial weights and measures.-Whoever sells or delivers any commercial weight or measure or any weighing or measuring instrument which has not been verified or re-verified or stamped in accordance with the provisions of this Act and the rules made thereunder shall be punishable with fine which may extend to five hundred rupees.

Penalty for use of unstamped commercial weights and measures.-Whoever uses in any transaction for trade, business or commerce, or has in his possession for such use any commercial weight or measure or any weighing or measuring instrument which has not been verified or re-verified or stamped in accordance with the provisions of this Act and the rules made thereunder shall be punishable for a first offence, with fine which may extend to five hundred rupees, and, for a second or subsequent offence, with imprisonment for a term which may extend to three months or with fine or with both. Explanation 1.-If any such weight or measure or weighing or measuring instrument is found in the possession of any trader or any employee or agent of such trader, such trader, employee or agent shall be presumed, until the contrary is proved, to have had it in his possession for use in transactions for trade, business or commerce. Explanation 2.-Where any offence under this section is committed by any employee or agent of a trader on behalf of such a trader, such trader shall, unless he proves that the offence was committed by his employee or agent without his knowledge or consent, be deemed to be guilty of the offence.

Penalty for manufacture of weights, etc., without licence.-If any person manufactures, repairs, or sells any commercial weight or measure or weighing or measuring instrument, without obtaining a licence as required by section 13, he shall be punishable with imprisonment for a term which may extend to three months, or with fine or with both.

Penalty for use of weight or measure in contravention of section 8.—Whoever contravenes any of the provisions of a notification issued under section 8 shall be punishable with fine which may extend to five hundred rupees.

Penalty for failure to mark weight or measure on sealed containers.—Whoever contravenes the provisions of section 14 shall be punishable with fine which may extend to five hundred rupees.

Penalty for fraudulent use of weights, measures, etc.- Whoever fraudulently uses any standard weight or measure or weighing or measuring instrument which he knows to be false shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.

Penalty for being in possession of false weight or measure, etc.- Whoever is in possession of any commercial weight or measure or weighing or measuring instrument which he knows to be false, intending that the same may be fraudulently used, shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both.

Penalty for making or selling false weight or measure, etc.-Whoever makes, sells or disposes of or causes to be made, sold or disposed of any standard weight or measure or weighing or measuring instrument which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punishable with imprisonment for a term which may extend to one year, or with fine or with both.

Penalty for delivering or receiving any quantity of article less than or in excess of the quantity fixed by the weight or measure in the contract.-Whoever-

1. (i) in selling any article by weight or measure delivers or causes to be delivered to the purchaser any quantity of that article less than, or
2. (ii) in buying any article by weight or measure demands or receives or causes to be demanded or received from the vendor any quantity of that article in excess of, the quantity fixed by the weight or measure by which the contract or dealing in respect of that article has been made, shall be punishable with fine which may extend to five hundred rupees.

Penalty for forging, etc., of weights, measures, etc.-

1. (1) Whoever forges or counterfeits any stamp used under this Act for the stamping of any standard weight or measure or weighing or measuring instrument or possesses any such forged or counterfeited stamp, or removes a stamp from any standard weight or measure or weighing or measuring instrument and inserts the same into another weight or measure or weighing or measuring instrument or wilfully increases or diminishes a weight or measure so stamped, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
2. (2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight or measure or weighing or measuring instrument with such forged or counterfeit stamp thereon, or a weight or a measure so increased or diminished shall be punishable with imprisonment for a term which may extend to six months or with fine, or with both.

Penalty for neglect or refusal to produce weight or measure, etc., for inspection.-Whoever-

1. (a) refuses or neglects to produce for inspection under section 17, any weight or measure or weighing or measuring instrument or any document or record relating thereto in his possession or on his premises, or
2. (b) refuses to permit an Inspector to inspect and verify any such weight, measure, instrument, document or record, or
3. (c) obstructs the entry of an Inspector under section 17, or
4. (d) otherwise obstructs or hinders an Inspector in the performance of his duties under this Act, shall be punishable with fine which may extend to five hundred rupees.

Penalty for breach of duty by Inspector.--If an inspector knowingly stamps a weight or measure or weighing or measuring instrument in contravention of the provisions of this Act or of the rules made thereunder, he shall be punishable with imprisonment for a term which may extend to one year or with fine or with both.