The Punjab Weights and Measures (Enforcement) Act, 1958

1958: Pb. Act 22] THE PUNJAB WBIGHTS AND MEASURES 651 (ENFORCEMENT) THE PUNJAB WEIGHTS AND MEASURES (ENFORC EMENT) ACТ, 1958 PUNJAB ACT No. 22 OF 1958 Table of Contents SECTIONS 1. Short title extent and commencem ent 2. Definitions 3. Working Standard's. 4. Secondary Standerd 5. Reference Standerds 6. Standard weighing and measur eing instrument 7. Prohibition of use of weights and measures other tha n standards weights and measures 8. 9. Power to prescribe the use of weights on ly, or measures only, in certain cases Marking of denominations on commercial weights and measures 10. Prohibition of sale of unstamped commercial weignts and measures 11. Prohibition of use of unstampted comm ercial weights and measures 12. Power of State Government to exempt 13. Prohibition of manufacture etc., of weights and measures without licence 14. Marking of weight or measure in sealed containers 15. Appointment of controller, Assistant Controller and Inspectors 16. Verification and stamping by Inspectors 17. Power to inspect etc. 18. Power of Inspector to adjust weights or measures 19. Manufacturers etc. to maintain record and documents 20. Appeals 21. Levy of fees 22. Validity of weights and measures duly stamped 23. Penality for sale or delivery by weight or measures other than standards weight or measure PAGES 652 ТHB PUNJAB WEIGHTS AND MBASURES (ENFORCEMENT) [1958: Pb. Act 22 24. Penalty for sale of unstamped commercial weights andmeasures 25. Penalty for use of unstamped commercial weights and measurs 26. Penalty for manufacture of weights etc. without licence 27. Penalty for use of weight or measure in contravention of section 8. 28. Penalty for failure to mark weight or measure on sealed containers 29. Penalty for fraudulent use of weights measures etc. 30. Penalty for being in possession of false weight or measuresetc. 31. Penalty for making or selling false weight or measure, etc. 32. Penalty for giving short weight or measure 33. Penalty for forging etc. of weights measures etc. 34. Penalty for neglect or refusal to produce weight or measure etc. for inspection 35. Penalty for breach of duty by inspector 36. Protection of action taken in good faith 37. Controller etc. appointed under the Act to be publicservants 38. Cognizance of offences etc. 39. Stamped weights etc. to be presumed to be correct 40. Offences by companies 41. Delegation of po wers 42. Limits of error to be tolerated in weights and measures 43. Repeal 44. Power to make rules 1958: Pb. Act 22] THE PUNJAB WEIGHTS AN D 653 MEASURES (ENFORCEMENT) ACT, 1 958 1THE PUNJAB WEIGHT S AND MEASURES (ENFRCEMENT) AСT, 19 58. PUNJAB ACT NO. 22 OF 1 958. [Received the assent of the Governor of Punjab on the 1st October, 1958, and was first published for general information in the Punjab Government Gazette (Ex- traordinary), dated the 1st October, 1958.] 1 2 3 4 Year No. Short title Affected by legislation 1958 22 The Punjab weights Measures (Enforcement) Act, 1958 Amendad by Punjab Act Act 25 of 1962 An Act to provide for tie enforcement of tandard weights and mea ures and for matters connected therewith BE it enacted by the Legislatu re of the State of Punjab in the Ninth year of the Republic of India as follows:- CHAPTER I PRELIMINARY 1. (1) This Act may be called the Punjab Weights and Measures (Enforcement) Act, 1958. (2) It extends to the whole o f the State of Punjab (3) It shall come into fo rce on such date as the State Government ma y, by notification in the official Gazette, appoint; and diffe rent dates may be appointed for different provisions o f this Act or for different areas or for different classes of und er-takings or for different classes of goods. Sort title, extent and commence- ment 2. In this Act, unless the context otherwise re- Definitions quires,- (a) "commercial weight or measure" means a weight or measure purporting to be a stand- ard weight or measure use d in any trans- action for trade or commerce: 654 (c) THE PUNJAB WEIGH (S AND [1958: Pb. Act 22 MEASURES (ENFORCEMENT) ACT, 1958 (b) "Controller" means the Controller of Wei- ghts and Meausres appointed under section15; "Inspector" means an Inspector of Weights and Measures appointed under section 15; (d) "measuring instrument" means any measuringinstrument other than a weighing instru- ment and includes any instrument for measur- ing length, area, volume or capacity, distance,time; (e) "Mint" means the mint of the Central Govern- ment either in Bombay or in Calcutta; (f) "prescribed" means prescribed by rules made under this Act; (g) "standard weight or measure" means anyunit of mass or measure referred to in sub- section (1) of section 13 of the Standards of Weights and Measures Act, 1956 and includes any other weight or meausre per- mitted to be used by the Central Govern- ment in pursuance of sub-section (1) of section 14 of that Act; (h) "reference standards" means the sets of standard weights and measures supplied to the State Government by the Central Government in pursuance of sub-section (2) of section 15 of the Standards of Weightsand Measures Act, 1956; (i) "stamping" means marking in such manner as to be, so far as practicable, indelible, and includes casting, engraving, etching and branding; (j) "verification", with its grammatical vari-ations used with reference to a weight or measure or weighing or measuring instrument, includes the process of comparing, checking or testing such weight or measure or weighing or measuring instrument and also includes re-verification; 1958: Pb. Act 22] THE PUNJAB WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1958 655 (k) "weighing instrument" means any instru- ment for weighing, and includes scales with the weights belonging thereto, scale- beams, balances, spring balances, steel yards and other weighing machines. CHAPTER II STANDARD WEIGHTS AND MEASURES 3. (1) For the purpose of verifying the correct- ness of commercial weights and measures and weighing and measuring instruments used in transactions for trade or commerce, the State Govern ment may cause to be prepared as many sets of authenticated standard weights and measures as it may de em necessary to be called the working standards, and special sets of working standards in relation to bullion and precious stones may also be prepared. (2) The working standards shall b e made of such material and according to such des igns and a specificat- ions and shall be prepared by such agency and shall be stamped and authenticated by such person or authority and in such manner as may be prescribed. (3) The working standards shall be kept at such places, in such custody and in suc h manner as may be prescribed. (4) A working standard shall be verifi ed with the secondary standard and mark ed by such persons, at such places, at such inter vals and in such mann er as may be prescribed: Provided that a special working standard in re- lation to bullion and precious stones shall be verified with the reference standard. (5) A working standard which is not so verified and marked within the prescri bed period shall not be deemed legal or be used for the purposes of this Act. (6 A working standard which has beco me de- fective shall not be deemed legal or be used for the pur- poses of this Act, until it has been verified and marked in the prescribed manner. Working standard's Secondary Standerds Reference Standerds Standard weigh- ing and measur- ing Instrument 656 THE PUNJAB WEIGHTS AND [1958: Pb Act 22 MEASURES (ENFORBEMENT) ACT, 1958 4. (1) For the purpose of verifying the correct- ness of the working standards , the State Government may cause to be prepared at the Mint as many sets of authenticated standard weights and measures as it may deem necessary to be called the secondary standards. (2) The secondary standards shall be made of such material and according to such design and specifi- cations as may be prescribed and shall be stamped and authenticated by such person or authority as the Central Government may direct. (3) The secondary standards shall be kept at such places, in such custody and in such manner as may be prescribed. (4) A secondary standard shall be verified with the reference standard at least once in every period of five years and shall be marked with the date of verification in the prescribed manner by such person or authority as the State Government may direct. (5) A secondary standard which is not so veri-fied and marked within the aforesaid period shall not be deemed legal and shall not be used for the purposes ofthis Act. 5. The reference standards shall be kept at suchplaces, in such custody and in such manner as the StateGovernment may direct. 6. (1) For the purpose of verifying the correct- ness of commercial weights and measures and of weighing and measuring instruments used in transactions for trade or commerce, the State Government may cause to be prepared as many sets of weighing and measuring as it may deem necessary. (2) Such instruments shall be of such kind, kept in such number and shall be verified and stamped in such manner as may be prescribed. (3) Such instruments shall be kept at all places where reference, secondary or working standards are kept. 1958: Pb. Act 22] THE PUNJAB WEIGHTS AND 657 MEASURES (ENFORCEMENT) ACT, 1958 7. (1) Notwithstanding anything contained in any other law or any custom, usage or practice, no unit of mass or measure, other than the standard weights or measures shall be used in any transactions for trade or commerce or any dealing or contract or for any work to be done or goods to be sold or delivered in any area or class of goods or undertaking in respect of which this Act has come into force. (2) Any custom, usage, practice or method of whatever nature which permits in any trade a trader, seller or buyer to demand, receive or cause to be demanded or received any quantity of article in excess of, or less than, the quantity fixed by the weight or measure by which the contract or dealing in respect of the said article has been made, shall be void. (3) Any transaction, dealing or contract made or had after the expiry of three months fromthe com- mencement of this Act shall, in so far as it contra- venes the provisions of sub-section (1), be void. 8. (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that in any specified trade or class of trades no transaction, dealing or contract shall be made or had except by weight only, or except by measure only. (2) A notification issued under this section shall ake effect in such area, with effect from such date and subject to such conditions, if any, as may be specified there in, CHAPTER III VERIFICATION AND STAMPING OF WEIGHTS AND MEASURES 9. Every weight or measure manufactured for use as a commercial weight or measure shall bear the description of the weights or measure which it purports to be marked legibly on it in such manner as may be prescribed. oh ibition of se of weights and measures other than standards weights and measur s. Power to pres. cribe the use of weights only, or measures only, in certain cases. Marking of denomi- nations on commercial weights and measures. Prohibition of sell of unstamped commercial weights and measures. Prohibition of use of unstamped commercial weights or measures. Power of State Govern- ment to exempt. Prohibition of manufac- ture etc., of weiths and measures without licence. Marking of weight or measure in sealed con- tainers. Appointment of controller, Assistant Controller and Inspec- tors. 658 THE PUNJAB WEIGHTS AND [1958:Pb Act 22 MEASURES (ENFORCEMENT) ACT, 1958 10. No commercial weight or measure or weighing or measuring instrument shall be sold or delivered unless it has been verified or re-verified in accordance with the rules made under this Act and stamped in the prescri- bed manner by an Inspector with a stamp of verification. 11. No weight or measure or weighing or measuring instruments shall be used in any transactions in trade or commerce unless it has been verified or re-verified in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with a stamp of verification. 12. Where the size of a commercial weight or measure renders it impracticable to have any denomination marked on it under the provisions of section 9 or to be stamped under the provisions of section 10 or section 11, the State Government may, by notification in the Official Gazette, exempt such weights or measures from being so stamped 13. No person shall, in course of trade, manufacture. repair or sell any commercial weight or measure or any weighing or measuring instsument, unless he has obtained in the prescribed manner a licence in this behalf from the State Government or any officer authorised by suchGovernment. 14. No person shall sell, offer for sale, expose for sale, or have in his possession for sale, any article contained in a sealed package or container unless such package or container bears thereon, or on a label secu- rely attached thereto, a description of the net weight or measure of the article contained therein: Provided that the provisions of this section shall not apply to an article sold, offered for sale, exposed for sale, or in possession for sale which is not ordinarily sold in transactions for trade or commerce by weight or mea- sure. 15. (1) The State Government may appoint a Cont- roller of Weights and Measures for the State and as many Assistant Controllers and Inspectors of Weights and Measures as may be necessary for exercising the powers and discharging the duties conferred or imposed on them by or under this Act. 1958 Pb. Act 22] THE PUNJAB WEIGHTS AND MEASURES (ENFORCEMENT) ACСг, 1958 659 (2) The State Government may, by general or special order, define the local limits within which each Inspector shall exercise the powers and discharge the duties conferred or imposed on Inspectors by or under this Act. (3) Subject to the provisions of this Act, all Assistant Controllers of Weights and Measures and Inspect- ors shall perform their functions under the general superin- tendence and control of the Controller; and the Con- troller and the Assistant Controllers of Weights and Mea- sures may, in addition to the powers and duties conferred or imposed on them by or under this Act, excercise any power or discharge any duty so conferred or imposed on Inspectors. 16. (1) Every Inspector shall, for the purpose of verification of weights and measures and weighing and measuring instruments, attend at such place and time within his jurisdiction as may be appointed in this behalf by the Controller. (2) The Inspector shall verify every weight or measure or weighing or measuring instrument which is brought to him for the purpose of verification and if he finds such weight or measure or weighing or measuring instrument correct and in conformity with the Standards of Weights and Measures Act, 1956, and the rules made thereunder, he shall stamp the same with a stamp of verification in the prescribed manner. 17. (1) An Inspector may, within the area under his jurisdiction, inspect at all reasonable times, the weights, measures and weighing and measuring instruments which are used in transactions for trade or commerce or are in the possession of any person or are on any premises for such use and may verify every such weight or measure or weighing or measuring instrument with a secondary or working standard or weighing or measuring instru- ment prescribed for the purpose. (2) For the purpose of verifying the correctness of any weight or measure or weighing and measuring instruments used in any transaction, an inspector may also verify the weight or measure of any article sold or delivered in the course of the transaction. Verification and stamping by Ins- pectors. Power to inspec etc