(1) Every manufacturer, repairer or dealer hlnnuf* twfi otc.. in weights and measures or weighing or measuring bd* instruments, and every person using 'them in traasae wd tions for trade or commercc shall maintain such r e docummrtc cords and accounts as may be prescribed and if required so to do by an Inspector, sw produce such records and accounts before him. , :.
(2) Notwithstanding anythidg contained in subsection ( I ) , if the State Government are of opinion that having regard to the nature of business on. by any such m u f c t u t e r , repairer, or dealer, it is necessary so to do, they may, by order, exempt such person or class of persons from the operation of that sub-section.
22: (1) h y person aggrieved by any decision of an Inspector made under this Act may, within skty days from the date of the decision, prefer an appeal to the Coflcctor or to any oacer appohM under this Act who is specially authorised m that behalf by the State Government :
1. substitu~'by thc 0 r - k Wtishw and Mwures Wfommnt) ( A ~ ~ ~ md) &t, 1969 (m. Ad 7 of 1%91& 4.
36 THE ORKSSA WEIGHTS AND MEASURES [Or. A d (Secs. 23-25)
Provided that when such decision is made by any offlcer, other than an Inspector,in exercise of any p w e r or duty conferred or imposed on an Inspector, the appeal shall lie to such authority as may be prescribed .3
(2) On receipt of an .appeal under sub-section ( I ) the appellate oficer shall, after giving the persons concerned a reasonable opportunity of being heard, decide the appeal and the decision of the appdate authority shall be final.
Lcvy of
23. The State Government may charge such fees-- fw. (a) for 'the ,grant of licences under section 13, f6r manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments;
and
(b) for the verxcation, marking, stamping and adjustment of commercial weights and measures and weighing and measuring instruments, as may be prescribed VaIidity of 24. A weight or measure or weighing or measuring weightsand m c u u r e a instrument, duly stamped by an Inspector under this duly ,(amp Act, shall be a l~ga l weight or measure or weighing or ed. measuring instrument in aI1 -places in which this Act has come into force unless it is found to be false or defective and shall not be litible 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 IiV PeDaItg For
25. Whoever, after the expity of three months , a 1, , from the commencement of this section, sells or causes dcI;ivor~ by to be sold or deIivers or causes to be delivered in the we~gh t o r ,, ,, ,,, course of any transaction for trade or commerce any other than article by any denomination of weight or measure standard ,,&, o r other than one of the standard weights or measures measure. shalI be punishable, for a fist offence, with fine which may extend to two hundred rupees, and for a second or subsequent offence, with imprisonment for a period which may extend to pne month, or with h e which may extend to five hundered rupees, or with both.
20 OX 19 58 1 { ENFORCEMENT ) ACT, 1958 3 7 ( Secs. 26-29 )
26. Whoever sells or delivers any commercial PcnaIiy f i r weight or measure or any v~eighing or measuring $&yi instrument which has not been verified or re-verified commsrciat or stamped in accordance with the provisions of this & f i d Act and .the ruIes made thereunder shall be punishable with fine which may extend to five hundred rupees.
27. Whoever uses in any transaction for trade ~ c n r i t y toe usa Of uo- or commerce, or bas in his possession for such use, at a m p any commercial weight or measure or any weighing omrnercia or measuring instrument which has not been' verified w2:zd or re-verified or stamped in accordance with the provisions of t h i s .Act and the rules made thereunder shall .be punishable for a first offence, with fine which may extend to two hundred rupees, and for a second or subsequent offence, with imprisonment for a period which may extend to one month, or with fine wbich may extend to five hundred rupees, or with both.
Expla~lafion I-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 shall be presumed, unti1 the contrary is proved, to have had it in his 'possession for use in transactions for trade or commerce.
Explanaiion II-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 a trader, such trader shal!, unless he proves. that the offence under this section' was - committed by his employee or agent without his knowIedge or consent, be also deemed to be guilty of the offence.
28. If any person manufactures, repairs, or seUs Penaltg for any commercial weight or measure or weighing or ?;$$:
measuring instrument, without obtaining a hen& as etc., witbmt required by seation 13, shall be punishable with 'ma* imprisonment for a period which may extend to one mona, or with fine which may extend to five hundred rupees, or with both.
29. Whoever contravenes any of the provisions of ,,,, ., a noacatign issued under section 8 shall be punish- F m able with line which may extend tq five hundred E$Joz rupees. eomava a. t i o a of (24 ~ a w 4 ) -ion 8.
38 - TRE ORISSA WEIGHTS A m MBASURPS. [ Or. Act . (Secs. 30-35) ~ t o a l t i for 30. Whoever contravenes the provisions of section 14 shaU be punishable with fine which may, exterid mark weight - , ormesure to thee hundred rupees.
onseale d oontaincis.
~snnl ty for 31. Whoever fraudulent1 y uses any standard wiight fraudulent or measure or weighing or measuring instrument "" which he knows to be false shall be punishable wdghts or moa s u r es, with imprisonment for a period which may extend ~ t c to one month or with h e which may extend to five .
hundred rupees or with both.
,,,, h, 32. Whoever 1s in possession of any commercial b e i n 4 in weight or measure or weighmg or measuring instnzpossess i o n ., ment which he knows to be'false, intending that the woisht or same may be fraudulently used, shall be punishable ma8U re , etc. with imprisonment for a pericd which may extend to Hteen days or with h e , which may extend to two hundred rupees or with both.
pp,,lt, for 33. Whoever makes, sells or disposes of or causes mking 02- to be bade, sold or disposed of any standatd weight ulllng false , or measure or weighing or measuring instrument mea s u r k which -he knows to be false, in order that the same etc. ' may be used as true, or knowing that the same is likely to be used as true, shall be punishabIe with imprisontnent for a period which may extend to one month, or with h e which may extend, to five hundred rupees or with both. ,
34. Whoever in seUing any article by weight OF &Fs rhortmeasure, delivers ox causes to be delivered to the vrlsht o r mtasure. purchaser less thaa what is purported to be sold shall, if the deficiency exceeds the prescribed limit of error, be punishable with h e whch. may extend to three hundred rupees.
P d Q for i&, etc.
of waishts or m a m a .