(1) Where any commodity is sold by heaps, the approximate weight, measure or the number of commodity contained 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 each heap:
Provided that no such announcement shall be necessary in the case of a heap the market pri^e of the contents of which does not exceed one rupee.
(2) Where, on wejghment, 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.
SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 47
CHAPTER X OFFENCES AND PENALTIES
34. Whoever—
(a) makes or manufactures, or causes to be made or manufactured (except where he is permitted under the Central Act so to do), any weight or measure in accordance with any standards other than the standards established by or under the Central Act, or
(b) sells or otherwise transfers, or causes to be sold or otherwise transferred, or 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 Central Act, Penalty ior menu*- facturing, etc , of nonstandard weights or measures.
shall be punished with imprisonment for a term which may extend to one year, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine.