(1) If the Controller, a Deputy Controller, an Appeals.
Assistant Controller or an Inspector—
(a) refuses to stamp any weight or measure or weighing instrument or measuring " instrument and obliterates the denomination mark thereon under sub-section (3) of section 14, or
(6) seizes any weight or measure or weighing instrument or measuring instrument or article under sub-section (3) of section 15, any person aggrieved by such refusal or seizure may, within sixty days from the date of such refusal or seizure, prefer an appeal,—
(i) in the case of a refusal or seizure by the Controller or by a Deputy Controller, to the State Government; and
(ii) in any other case, to the Controller.
(2) 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.
Levy of fees.
8 The West Bengal Standards of Weights and Measures (Enforcement) Act, 1958.
[West Ben. Act (Chapter 111.—Verification and Stamping of Weights sad Measures.—Section 18.—Chapter IV.—Penalties.—Seetians 19, 20.)
18. The State Government may charge such fees—
(a) for the grant of licences under section 11, for manufacture, repair or sale of weights and measures and weighing instruments and - measuring instruments, and
(b) for the verification, marking, and stamping of weights and measures and weighing instruments and measuring instruments as may be prescribed:
Provided that the. amount of fees chargeable under this section shall in no case exceed two hundred and fifty rupees.
CHAPTER IV.
Penalties.
Penalty for 19. Whoever contravenes any of the provisions of section contraveg 9 shall, if such contravention is in respect of_ tion of the provistons (2) the sale or delivery of a weight or measure or a of session weighing instrument or a measuring instrument,
9. be punishable with fine which may extend to two thousand rupees; and
(2) the use of any weight or measure or weighing instrument or measuring instrument in any transaction, be punishable, for a first offence, with fine which may extend to one thousand rupees, and for second or subsequent offence, with imprisonment for a period which may extend to three months, or with fine which may extend to two thousand rupees, or with both.
Penalty for 20. (1) Whoever has in his possession for use in any possession transaction, any weight or measure or any weighing instrument or measuring instrument which has not been verified rea d or re-verified or stamped in accordance with the provisions anted of d of this Act and the rules made thereunder shall be punishable measures for a first offence, with fine which may extend to one for use in thousand rupees, and for a second or subsequent offence, ti tranms°.
with imprisonment for a period which may extend to three months, or with fine which may extend to two thousand rupees, or with both.
(2) When any such weight or measure or, weighing instrument or measuring instrument is found in the possession of any person, such person shall be presumed, until the contrary is proved, to have had it in his possession for use in transactions.
The West Bengal Standards of Weights and Measures (Enforcement) Act, 1958.
XXIII of 1958.1 (Chapter IV .—Penalties.—Sections 21-26.)
(3) Where an offence punishable under this section is committed by any employee or agent of a trader on behalf of such trader, such trader, unless he proves that the offence was committed by his employee or agent without hii knowledge and without his consent, and his employee or agent by whom the offence was committed, shall both be deemed to be guilty of the offence.
21. Whoever manufactures, repairs, or sells any weight Penalty for or measure or weighing instrument or measuring instru- of ment, without obtaining a licence as required by section ii, weights, shall be punishable with imprisonment for a period which eotentIott may extend to three months, or with fine, or with both.
Penalty for
22. Whoever contravenes any direction contained in a usil f notification issued under section 7 shall be punishable with weight or fine which may extend to two thousand rupees. measure in don of of direction under section 7.
23. Whoever contravenes the provisions of section U? Penalty for shall be punishable with fine which may extend to two L IT to thousand rupees. correct weight or raeasure OTh sealed containers,
24. Whoever fraudulently uses any weight or measure Penalty foefrantent or weighing instrument or measuring instrument knowing vse it to be false shall be punishable with imprisonment for a weights, period which may extend to one year, or with fine, or with mea.
asures.
both.
et
25. Whoever is in possession of any weight or measure Penalty for or weighing instrument or measuring instrument which he being knows to be false, intending that the same may be 1,.,Iftern fraudulently used, shall be punishable with imprisonment weight or for a period which may extend to one year, or with fine, or et measure.
with both.
a.
28. Whoever makes, sells or disposes of or causes to be Penalty for made, Bold or disposed of any false weight or measure or meeting or weighing instrument or measuring instrument knowing it to false g be false, in order that the same may be used as true, or know- weight or ing that the same is likely to be used as true, shall be measure.
punishable with imprisonment for a period which may extend measure. punishable one year, or with fine, or with both.
10 The West Bengal Standards of Weights and Measures (Enforcement) Act, 1958.
[West Ben. Act (Chapter IV.—Pencatiee.—Seetione 27-30.)
Penalty for 27. Whoever in selling any article by weight or measure, giving delivers gr causes to be delivered to the purchaser less than short weight or what is purported to be sold shall, if the deficiency exceeds measure, the prescribed limit of error, be punishable with fine which may ,extend to three hundred rupees.
Penalty for 28. Whoever in purchasing any article by weight or obtaining measure, obtains from the seller more than what is purported excess or to be purchased shall, if the excess exceeds the prescribed weight measure, limit of error, be punishable with fine which may extend to three hundred rupees.
Penalty for 29. (1) Whoever counterfeits any stamp used under this counter- Act for the stamping of any weight or measure or weighing lofting s, instrument or measuring instrument or possesses any such weight measures, counterfeit stamp, or removes a stamp from any weight or etc.
measure or weighing instrument or measuring instrument and transfers the same into another weight or measure or weigh ing instrument or measuring instrument, or wilfully increases or diminishes a weight or measure duly stamped under the provisions of this Act, shall be punishable with imprisonment for a period 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 instrument or measuring instrument stamped with such counterfeit stamp thereon, or stamped with the stamp removed from another weight or measure, shall be punishable with imprisonment for a period which may extend to six months, or with fine, or with both.
Penalty for 30. Whoever— neglect or refusal to (a) refuses or neglects to produce for inspection under produce section 15, any weight or , measure or weighing weight or instrument or measuring instrument or any doeu- nleileare, etc., for ment or record relating thereto in his possession inspection. or on his premises, or
(b) refuses to permit an Inspector to inspect and verify any such weight, measure, or instrument, or
(c) obstructs the entry of an Inspector under section 15, 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.
the f(est Bengal Standards of Weights and Measures 11 (Enforcement) Act, 19M.
XXIII of 1958.]
(Chapter 1P.—Penalties.--Section3Z.—Chapter V .— Miscellaneous .—Sections 3.2-36.)
31. If an Inspector knowingly stamps a weight or Penalty for measure or weighing instrument or measuring instrument in breach of contravention of the provisions of this Act or of the rules duty byt made thereunder, he shall be punishable with imprisonment sise for a period which may extend to one year, or with fine, or with both.
CHAPTER V.
Miscellaneous.
32. No suit, prosecution or other legal proceeding shall Protection lie against the Controller or any Deputy Controller or any of carom Assistant Controller or any Inspector or any other person gitesnaTith.
appointed under this Act in respect of anything which is iu good faith done or intended to be done in pursuance of this Act or the rules made thereunder.