(1) Every manufacturer, repairer or dealer in weights and measures or weighing or measuring instruments, and every person using them in transactions for trade or commerce shall maintain such records and accounts as may be prescribed and, if required so to do by an Inspector, shall produce such records and accounts before him.
(2) Notwithstanding anything contained in sub-section (2), if the Administrator is of opinion that having regard to the nature of business carried on by any such manufacturer, repairer or dealer, it ia necessary so to do, he may, by order, exempt such person or class of persons from the operation of that sub-section.
Appeals. 20. (1) If an Inspector—
(a) refuses to stamp any weight or measure or weighing or measuring instrument or obliterates the stamp thereon under sub-section (3) of section 16, or
(b) seizes and detains any weight or measure or weighing or measuring instrument under sub-section (4) of section 17, or
(c) seizes and detains any package or container or the article contained therein under sub-section (5) of section 17, or
(d) refuses to make any adjustment under section 18, any person aggrieved by such refusal or seizure and detention may, within sixty days from the date of such refusal or seizure and detention, prefer an appeal to the Controller.
SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 77
(2) An appeal shall lie from every decision or order made by the Controller in pursuance of any power conferred on him by or under this Regulation [other than a decision made in appeal under subsection (1)], within sixty days from the date of such decision or order, to the Administrator or any officer specially authorised by the Administrator in this behalf.
(3) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such inquiry as it deems proper, decide the appeal and the decision of the appellate authority shall be final.
21. The Administrator may charge such fees—
(a) for the grant of licences under section 13 for manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments, and
(b) for the verification, marking, stamping and adjustment of commercial weights and measures and weighing and measuring instruments, Levy of fees.
as may be prescribed.
22. A weight or measure or weighing or measuring instrument, duly stamped by an Inspector under this Regulation, shall be a legal weight or measure or weighing or measuring instrument in all places in which this Regulation has come into force unless it is found to be defective and shall not be liable to be re-stamped by reason merely of the fact that it is used in any place other than that in which it was originally stamped.
CHAPTER IV PENALTIES Validity of weights and measures duly stamped.
23. 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 or commerce any article by any denomination of weight or measure other than one of the standard weights or measures shall be punishable, for a first offence, with fine which may extend to two thousand rupees, and for a second or subsequent offence, with imprisonment for a period which may extend to three months, or with fine, or with both.
Penalty for sale or delivery by weight or measure other than standard weight or measure.
24. Whoever sells or delivers any commercial weight or measure or any weighing or measuring instrument which has not been verified or stamped in accordance with the provisions of this Regulation and the rules made thereunder shall be punishable with fine which may extend to two thousand rupees.
Penalty for sale of unstamped commercial weights and measures.
25. Whoever uses in any transaction for trade 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 stamped in accordance with the provisions of this Regulation and the rules made thereunder shall be punishable for a first offence, with fine which may extend to two thousand rupees, and for a second or subsequent offence, with imprisonment for a period which may extend to three months, or with fine, or with both.
Explanation 1.—When 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 Penalty for use of unstamped commercial weights and measures.
78 THE GAZETTE OF INDIA EXTRAORDINARY [FART II shall be presumed, until the contrary is proved, to have had it in his possession for use in transactions for trade or commerce.
Explanation 2.—Where any weight or measure or weighing or measuring instrument is used or possessed in contravention of this section by any employee or agent of a trader on behalf of such trader, such trader shall, unless he proves that the offence under this section was committed by his employee or agent without his knowledge or consent, be also deemed to be guilty of the offence.
Penalty for manufacture of weights, etc., without licence.
26. 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 period which may extend to three months, or with fine, or with both.
Penalty for use of weight or measure in contravention of section 8.
27. Whoever contravenes any of the provisions of a notification issued under section 8 shall be punishable with fine which may extend to two thousand rupees.
Penalty for failure to mark weight or measure on sealed containers.
28. Whoever contravenes the provisions of section 14 shall be punishable with fine which may extend to two thousand rupees.
Penalty for fraudulent use of weights or measures, etc.
29. Whoever fraudulcntlv uses any standard weight or measure or weighing or measuring instrument which he knows to be false shall be punishable with imprisonment for a period which may extend to one year, or with fine, or with both.
Penalty for being in possession of false weight or measure, etc.
30. Whoever is in posne"p,ion 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 period which may extend to one year, or with fine, or with both.
Pfl»alty for making or selling false weight or measure, etc.
31. 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 usPd as true, shall be punishable with imprisonment for a period which may extend to one year, or with fine, or with both.
Penalty for giving short weight or measure.
32. Whoever in selling any article by weight or measure, delivers or causes to be delivered to the purchaser less than what is purported to be sold shall, if the deficiency exceeds the prescribed limit of error, be punishable with fine which may extend to three hundred rupees. • Penalty for forging, etc., of weights, measures, etc.