(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 or paid for, or
(ii) in rendering any service by weight, measure or number, renders that service less than the service contracted for or paid for, or (Hi) in buying any article or thing by weight, measure or number, receives or causes to be received, from the vendor any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for, or SEC, 1] THE GAZETTE OF INDIA EXTRAORDINARY 4 9 (k>) in obtaining any service by weight, measure or number, obtains that service in excess of 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 five years and also with fine.
(3) Whoever enters, after the commencement of this Regulation, 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, measure or number established 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.
38. Whoever, in relation to any specified class 'of goods, 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 lor a term which may extend to one year and also with fine.
Penalty for contravention of section
10.
39. Except where he is permitted under the Central 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) prepares or publishes any advertisement, poster or other document, or
(d) indicates the weight, measure or number of the net contents of any package or 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 units of weight, measure or numeration, 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.
40. Whoever, being required to obtain a licence under this Regulation, makes, manufactures, repairs or sells any weight or measure, without being in possession of a valid licence, 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 maj extend to three years and also with fine.
Penalty for co'ntravention of section
16.
3d THE GAZETTE OF INDIA EXTRAORDINARY LPAUT II— Penalty for contravention of section
17.
41, A licensee, who after suspension or cancellation of the licence issued, renewed or continued under this Regulation, omits or fails to:
stop functioning as a licensee under this Regulation, shall be punished with imprisonment for a term which may -extend to one year.
Penalty for contravention Jf section SL
42. Except Where he is permitted under the Cen'tral 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 conform to the Said standards, or
(b) bears thereon any indication of weight or measure which is not in conformity with the standards of weights or measures established by or under that Adt, whether such indication is or Is not in addition to 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 or1 subsequent offence, with imprisonment for a term which may extend to three years and also with fine.
Penalty for contravention of section
19.
43. Whoever sells, uses or keeps for use any weight or measure which being required to be verified and stamped under this Regulation 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.
Penalty for contravention of section
20.
44. Whoever, being required by section 20 to maintain any record or register, omits or fails to do so, or being required by an Inspector to produce 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.
Penalty for contravention of section
21.
45. Whoever, being required by section 21 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.
Penalty for contravention of section
25.
46. Whoever, being required by an Inspector, or any person authorised by or under this Regulation 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.
Penalty for contravention of sections
26.
47. Whoever obstructs the entry of an Inspector, or any perscxn authorised by or under this Regulation to exercise the powers of an Inspector, into any premises for the inspection or verification of any weight or measure or any document or other record relating thereto or SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 5i 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 or subsequent offence, with imprisonment for a term which may extend to five years.
48. Whoever prevents the Controller or any officer authorised by the Controller in this behalf, from searching any premises or from making any seizure of any weight, measure, packaged 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.
Penalty for contravention of sections 27 and 28.
4J>. (1) Whoever manufactures, packs, distributes, 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 section 31, 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 label thereon, or it does not conform to the provisions of the Central Act or any rule or order made thereunder, shall be punished with imprisonment frr 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.
Penalty for contravention of section 31,
50. Whoever is deemed under section 32 to have used, or abetted the use of, any false 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
32.
51. Whoever sells any commodity by heaps without complying with the previsions of section 33, shall be punished with fine which mav 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, Penalty for contravention of section
33.
52. Whoever alters or otherwise tampers with any licence issued or renewed under th's Regulation or any rule made thereunder, otherwise than in accordance with qny 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 tampering with licence.
52 THE GAZETTE OF INDIA EXTRAORDINARY [PART II- Penalty for selling or delivering rejected weights and measures.
53. Wnoever 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 Regulation or the Central Act, or any rule made under this Regulation or the Central Acf, 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, of any rejected weighJl or measure which has been defaced in the prescribed manner.
Penalty for personation of officials.
54. Whoever personates, in any way, the Controller or the Inspector or any ether officer authorised by the Controller shall be punished with Imprisonment for a term which may extend to three years.
Penalty for giving false fnformation o r maintaining false records nr registers.