(1) Whoever forges or counterfeits any stamp used under this Act, for the stamping of any standard weight or measure or weighing or measuring instrument or possesses any such counterfeit stamp, or removes a stamp from any standard weight or measure or weighing or measuring instrument and inserts the same into another weight or measure or weighing or measuring instrument or wilfully increases or diminishes a weight or measure so stamped, shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
(2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight or measure or weighing or measuring instrument with such forged or counterfeit stamp thereon, or a weight or a measure so increased or diminished shall be punishable with imprisonment for a term which may extend to six months or with fine, or with both.
33. 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 Penalty for being in possession of false weight, measure etc.
Penalty for forging, etc., of stamps, weights, measures, etc.
Penalty for giving short weight or measure.
Penalty for making or selling false weight or measure etc.
[Act No. I of 1959] 15 the prescribed limit of error, be punishable with fine which may extend to three hundred rupees.
34. Whoever-
(a) refuses or neglects to produce for inspection under section 17 any weight, or measure or weighing or measuring instrument or any document or record relating thereto in his possession or on his premises, or
(b) refuses to permit an Inspector to inspect, search and verify any such weight, measure, instrument, document or record; or
(c) obstructs the entry of an Inspector under section 17; or
(d) otherwise obstructs or hinders an Inspector in the performance of his duties under this Act;
shall be punishable with fine which may extend to five hundred rupees.
35. If an Inspector knowingly stamps a weight or measure or weighing or measuring instrument in contravention of the provisions of this Act or of the rules made thereunder, he shall be punishable with imprisonment for a term which may extend to one year, or with fine, or with both.
36. The Government may authorise any officer to accept from any person who is reasonably believed to have committed an offence under this Act or the rules made threunder, a reasonable sum of money not exceeding rupees two hundred in each case by way of composition for such offence. Any proceedings taken against such person in respect of such offence shall, on payment of such money Penalty for neglect or refusal to produce weight or measure, etc., for inspection.
Penalty for breach of duty by Inspector.
Power to compound offences.
16 [Act No. I of 1959] be withdrawn and no further proceedings shall be taken in respect of such offence.
CHAPTER - V.
MISCELLANEOUS.
37. No suit, prosecution or other legal proceeding shall lie against the Controller, or any Assistant Controller of Weights and Measures or any Inspector or any other person appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder.
38. The Controller, every Assistant Controller and Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.