Whoever,-
(a) makes or manufactures, or causes to be made or manufactured (except where he is permitted under the Standards Act so to do), any weight or measure in accordance with any standards other than the standards established by or under the Standards Act, or
(b) (i) sells or otherwise transfers, or causes to be sold or otherwise transferred, or
(ii) lets, or causes to be let, on hire,
any weight or measure which has been manufactured in accordance with any standards other than the standards established by or under the Standards Act,1[shall be punished with imprisonment for a term which shall not be less than three months but which may extend to one year, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than six months, but which may extend to three years, and also with fine.]
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1. Substituted by Act 72 of 1986, sec. 2, for certain words (w.e.f. 1-7-1987).
Section 37 - Penalty for counter-feiting of seals, etc.
(1) Whoever,-
(i) counterfeits any seal specified by or under this Act or the Standards Act, or
(ii) sells or otherwise disposes of any counterfeit seal, or
(iii) possesses any counterfeit seal, or
(iv) counterfeits any stamp, specified by or under this Act or the Standards Act or any rule made under either of those Acts, or
(v) removes any stamp made, whether under this Act or the Standards Act or any rule made under either of those Act, or tampers with any stamp so made, or
(vi) removes any stamp made, whether under this Act or the Standards Act or any rule made under either of those Acts, and affixes the stamp so removed on, or inserts the same into, any other weight or measure, or
(vii) increases or diminishes or alters in any way any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby,
1 [shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine.]
(2) Whoever obtains, by unlawful means, possession of any seal specified by or under this Act or the Standards Act and uses, or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seal is authorised by or under this Act or the Standards Act,1 [shall be punished with imprisonment for a term which shall not be less than six months but which may extend to who years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine.]
(3) Whoever, being in lawful possession of a seal specified by or under this Act or the Standards Act uses, or causes to be used, such seal without any lawful authority for such use, l [shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine.]
(4) Whoever sells, or offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe, bears thereon a counterfeit stamp, 1[shall be punished with imprisonment for a term which shall not be less than six months but which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than one year but which may extend to five years and also with fine.]
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1. Substituted by Act 72 of 1986, sec. 3, for certain words (w.e.f. 1-7-1987).
Section 38 - Penalty for sale or delivery of commodities, etc., by non-standard weight or measure
(1) Except where he is permitted under the Standards Act so to do, whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any weight, measure or number other than the standard weight or measure1[shall be punished with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year and also with fine.]
(2) Whoever renders, or causes to be rendered, any service in terms of any weight, measure or number other than the standard weight or measure1[shall be punished with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year and also with fine.]
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1. Substituted by Act 72 of 1986, sec. 4, for certain words (w.e.f. 1-7-1987).
Section 39 - Penalty for keeping non-standard weights or measures for use and for other contravention
(1) Whoever keeps any weight or measure other than the standard weight or measure in any premises in such circumstances as to indicate that such weight or measure is being, or is likely to be, used for any
(a) weighment or measurement, or
(b) transaction or for 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.
(2) Whoever,
(i) in selling any article or thing by weight, measure or number, delivers or causes to be delivered to the purchaser any quantity or number of that article or thing less than the quantity or number contracted for and paid for, or
(ii) in rendering any service by weight, measure or number, renders that service less than the service contracted for and paid for, or
(iii) in buying any article or thing by weight, measure or number, fraudulently receives, or causes to be received any quantity or number of that article or thing in excess of the quantity or number contracted for and paid for, or
(iv) in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for and 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 five years and also with fine.
(3) Whoever enters, after the commencement of this Act, into any contract or other agreement (not being a contract or other agreement for export) in which any weight, measure or number is expressed in terms of any standard 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.
Section 40 - Penalty for contravention of section 10
Whoever, in relation to any specified class of goods, services, undertakings or users of weights or measures, uses in any transaction or for industrial production or for protection, any weight, measure or number, other than the weight, measure or number 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.
Section 41 - Penalty for contravention of section 11
Except where he is permitted under the Standards Act so to do, whoever, in relation to any goods or things which are sold, transferred, distributed or delivered, or any service rendered,
(a) quotes any price or charge, or makes any announcement with regard to the price or charge, or
(b) issues or exhibits any price list, invoice, cash memo, or other document, or
(c) mentions any weight or measure in any advertisement, poster or other document, or
(d) indicates the weight, measure or number of the net contents of any package or on any label, carton or other thing, or
(e) expresses, in relation to any transaction, industrial production or protection, any quantity or dimension,
otherwise than in accordance with 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.
Section 42 - Penalty for contravention of section 19
Whoever, being required to obtain a licence under this Act makes, manufactures, repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in possession of a valid licence empowering him to do so, 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 three years and also with fine.
Section 43 - Penalty for contravention of section 20
A licensee who after the suspension of cancellation of the licence issued to him or renewed or continued under this Act, omits or fails to stop functioning as a licensee under this Act, shall be punished with imprisonment for a term which may extend to one year.
Section 44 - Penalty for contravention of section 21
Except where he is permitted under the Standards Act so to do, whoever makes or manufactures any weight or measure which,
(a) though ostensibly purports to conform to the standards established by or under that Act, does not actually to the said standards, or
(b) bears thereon any indication of weight or measure which is not in conformity with the standards of weight or measure established by or under that Act, whether such indication is or is not in addition to the indication of weight or measure in accordance with the said standards,
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 three years and also with fine.
Section 45 - Penalty for contravention of section 22
Whoever,
(a) sells, offers, exposes or possesses for sale, any weight or measure which has not been verified and stamped under this Act, or
(b) uses, or keeps for use, any weight or measure which, being required to be verified and stamped uner this Act, has not been so verified and stamped,
shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine:
Provided that nothing in clause (b) shall apply, in relation to any weight or measure which is used for domestic purposes.
Section 46 - Penalty for contravention of section 23
Whoever, being required by section 23 to maintain any record or register, omits or fails to do so, or being required by an Inspector to produced any records or registers for his inspection, omits or fails 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.
Section 47 - Penalty for contravention of section 24
Whoever, being required by section 24 to present any weight or measure for verification or re-verification, omits or fails, without any reasonable cause to do so, shall be punished with fine which may extend to five hundred rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.
Section 48 - Penalty for contravention of section 28
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 him for inspection any weight or measure or any document or other record relating thereto, omits or 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.
Section 49 - Penalty for contravention of section 29
Whoever obstructs the entry of an Inspector, or any person authorised by or under this Act to exercise the powers of an Inspector, into any premises for the inspection and verification of any weight or measure or any document or other record relating thereto or the net contents of any packaged commodity or for any other prescribed purpose, shall be punished with imprisonment for a term which may extend to two years, and for the second and subsequent offence, with imprisonment for a term which may extend to five years.
Section 50 - Penalty for contravention of sections 30 and 31
Whoever prevents the Controller or any officer authorised by the Controller in this behalf, from searching any premises or prevents an Inspector from making any seizure of any weight, measure, packaged commodity, goods, document, record or label, 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.
Section 51 - Penalty for contravention of section 33
(1) Whoever manufactures, distributes, packs, sells or keeps for sale or offers or exposes for sale, or has in his possession for sale, any commodity in packaged form, shall, unless each such package conforms to the provisions of the Standards Act and the rules made thereunder, read with section 33, 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 five years and also with fine.
(2) Whoever manufactures, packs, distributes or sells, or causes to be manufactured, packed, distributed or sold, any commodity in packaged form, knowing or having reason to believe that the commodity contained in such package is lesser in weight, measure or number than the weight, measure or number, as the case may be, stated on the package or label thereon, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to three 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.
Explanation.In determining, for the purpose of this sub-section, whether the quantity contained in a package is lesser than the quantity declared on the package or label thereon, the maximum permissible error specified under the Standards Act in relation to the commodity contained in such package, shall be taken into account.
Section 52 - Penalty for contravention of section 35
Whoever sells any commodity by heaps without complying with the provisions of section 35, 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 six months, or with fine which may extend to one thousand rupees, or with both.
Section 53 - Penalty for tampering with licence
Whoever alters or otherwise tampers with any licence issued or renewed under this Act or any rule 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.
Section 54 - Penalty for selling or delivering rejected weights and measures
Whoever sells, delivers or disposes of, or causes to be sold, delivered or disposed of, and weight or measure which has been rejected on verification under this Act or the Standards Act, or any rule made under either of the said 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:
Provided that nothing in this section shall apply to the sale, as scrap, or any rejected weight or measure which has been defaced in the prescribed manner.
Section 55 - Penalty for personation of officials
Whoever personates in any way the Controller, Additional Controller or an Inspector or any other officer authorised by the Controller, shall be punished with imprisonment for a term which may extend to three years.
Section 56 - Penalty for giving false information or maintaining false records or registers
(1) Whoever gives information to a Controller, Additional Controller or an Inspector or any other officer authorised by the Controller, which he may require or ask for in the course of his duty and which such person either knows or has reason to believe to be false or does not believe to be true, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both.
(2) Whoever, being required by or under this Act so to do, submits a return or maintains 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.
Section 57 - Wilful verification or disclosure in contravention of Law
(1) If any Inspector or any other officer exercising powers under this Act or any rule made thereunder wilfully verifies or stamps any weight or measure in contravention of the provisions of this Act or of any rule made thereunder, he shall, for every such offence, 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.
(2) If any Inspector or other officer who enters into any premises in the course of his duty wilfully discloses, except in the performance of such duty, to any person any information obtained by him from such premises with regard to any trade secret or any secret in relation to any manufacturing process, he 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.
Section 58 - Vexatious search
An Inspector or any other officer exercising powers under this Act or any rule or order made thereunder who knows that there are no reasonable grounds for so doing, and yet
(a) searches, or causes to be searched, any house, conveyance or place, or
(b) searches any person, or
(c) seizes any weight, measure or other movable property,
shall, for every such offence, 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.
Section 59 - 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.
Section 60 - Presumption to be made in certain cases
(1) If any person,
(a) makes or manufactures, or causes to be made or manufactured, any false weight or measure, or
(b) uses, or causes to be used, any false or unverified weight or measure in any transaction or for industrial production or for protection, or
(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 he had done so with the knowledge that the weight or measure was a false or unverified weight or measure, as the case may be.
(2) If any person has in his possession custody or control any false or unverified weight or measure in such circumstances as to indicate that such weight or measure is likely to be used in any transaction or for industrial production or for protection, it shall be presumed, until the contrary is proved, that such false or unverified weight or measure was possessed, held or controlled by such person with the intention of using the same in any transaction or for industrial production or for protection.
Section 61 - 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 has, in the course of such employment, 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 abetment shall be deemed to have taken place if such employer has, before the expiry of seven days from the date on which,
(a) he comes to know of the contravention, or
(b) he has reason to believe that such contravention has been made,
intimated, in writing, to the Controller the name of the person by whom such contravention was made and the date and other particulars of such contravention.
(2) Whoever is deemed under sub-section (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, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine.
Explanation.Dismissal or termination of service of an employee after the expiry of the period specified in the proviso to sub-section (1) shall not absolve any employer of his liability under this sub-section.
Section 62 - 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, as well as 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 sub-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.
(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 or the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or other officer 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; and
(b) "director", in relation to a firm, means partner in the firm.
Section 63 - Cognizance of offences
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),-
1[(a) no court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by-
(i) the Controller;
(ii) any other officer authorised in this behalf by the Controller by general or special order;
(iii) any person aggrieved; or
(iv) a recognised consumer association whether the person aggrieved is a member of such association or not.
Explanation.- For the purposes of this clause "recognised consumer association" means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956), or any other law for the time being in force.]
(b) no court inferior to that of a Metropolitan Magistrate or Judicial Magistrate of the first class shall try any offence punishable under this Act.
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1. Substituted by Act 72 of 1986, section 5, for clause (a) (w.e.f. 1-7-1987).
Section 64 - Summary trial of certain offences
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under section 36, section 38, section 39, section 40, section 41, section 42, section 45, section 52 or sub-section (3) of section 72 may be tried summarily.
Section 65 - Compounding of offences
(1) Any offence punishable under section 39, section 40, section 41, section 42, section 44, section 45, section 46, section 47, section 48, section 51, section 52, section 54 or section 59 or any rule made under sub-section (3) of section 72, may either 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 State 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.
(2) Nothing contained in sub-section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which 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) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender, in respect of the offence so compounded, and the offender, if in custody, shall be discharged forthwith.
(4) No offence punishable under this Act shall be compounded except as provided by this section.
Section 66 - Provisions of Indian Penal Code not to apply to any offence under this Act
The provisions of the Indian Penal Code (45 of 1860) in so far as such provisions relate to offences with regard to weights or measures, shall not apply to any offence which is punishable under this Act