STANDARDS OF WEIGHTS AND MEASURES ENFORCEMENT ACT, 1985
(1) This Act may be called the Standards of Weights and Measures (Enforcement) Act, 1985.
(2) It extends to the whole of India.
(3) It shall come into force in a State on such date as the State Government may, by notification, appoint, and different dates may be appointed for different provisions thereof, in or in relation to, different—
(a) areas in the State; or
(b) classes of undertakings in the State; or
(c) classes of goods produced, sold, distributed, marketed or transferred in the state; or
(d) classes of services rendered in the State; or
(e) classes of weights and measures
Nothing in this Act shall apply to any inter-State trade or commerce in,-
(a) any weight or measure, or
(b) any other goods which are sold, delivered or distributed by weights, measure or number.
In this Act, unless the context otherwise requires,—
(a) “Additional Controller” includes a Joint Controller, Deputy Controller and an Assistant Controller appointed under section 5;
(b) “authorised seal or stamp” means a seal or stamp under, and in accordance with, the provisions of this Act;
(c) “Controller” means the Controller of Legal Metrology appointed under section 5;
(d) “counterfeit”, in relation to a seal or stamp, means a seal or stamp which is so made as to resemble an authorised seal or stamp, as the case may be, intending by that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised;
Explanation I.
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act and the Standards Act or in any instrument having effect by virtue of any enactment other than this Act or the Standards Act.
(1) The State Government may, by notification, appoint a Controller of Legal Metrology for the State and as many Additional, Joint, Deputy or Assistant Controllers, Inspectors, and other officers and staff as may be necessary for exercising the powers, and efficiently discharging the duties, conferred or imposed on them by or under this Act or the Standards Act.
(2) Every Additional Controller, Inspector or other officer, appointed under sub-section (1), shall exercise such powers and discharge such functions of the Controller as the State Government may, by notification, authorise in this behalf.
(3) The Controller may, by general or special order, define the local limits within which each Additional Controller, Inspector or other officer, appointed under sub-section (1) shall exercise his powers and discharge the duties conferred or im
Where the Controller is of opinion that it is necessary so to do, he may, by an order in writing, authorise any officer not below the rank of an Inspector, to adjust any weight or measure in any area within the local limits of his jurisdiction.
(a) The Controller and every Additional Controller, and every Inspector, and
(b) every other officer authorised by or under this Act to perform any duty, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).
No suit, prosecution or other legal proceeding shall lie against the Controller, any Additional Controller, Inspector or any other person authorised by or under this Act to exercise any power or to perform any duty in respect of anything which is in good faith done or intended to be done under this Act or the Standards Act or any rule or order made under either of the Act aforesaid.
(1) Notwithstanding any custom, usage or method of whatever nature, no weight or measure, other than the standard weight or measure, shall be used or kept in any premises in such circumstances as to indicate that such weight or measure is intended, or is likely to be used, for any weighment or measurement.
(2) On and from the commencement of this Act, no weight, measure or number, other than the standard weight or measure shall be used in, or form the basis of any contract or other agreement in relation to any trade, commerce, production or protection.
(3) Any contract or other agreement, which contravenes the provisions of sub-section (2) shall be void.
(1) The State Government may by rules made in this behalf, direct that in respect of the classes of goods, services or undertakings or users specified therein.-
(a) no transaction, dealing or contract shall be made or had, or
(b) no industrial production shall be undertaken, or
(c) no use for protection shall be made,
except by such weight, measure or number as may be specified therein.
(2) Any rule made under sub-section (1) shall taken effect in such area, from such future date and subject to such conditions, if any, as may be specified therein.
Except where he is permitted under the Standards Act so to do, no person shall, in relation to any goods or things which are sold, transferred, distributed or delivered, or any service rendered—
(a) quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or other document, or
(c) mention any weight or measure in any advertisement poster or other document, or
(d) indicate the weight, measure or number of the net contents of any package on the package itself or on any label, carton or other thing, or
(e) express, in relation to any transaction, industrial production or protection
Every reference standard shall be kept at such place and in such custody as may be prescribed, and no such reference standard shall be deemed to be a reference standard and shall be used as such unless it has been verified authenticated and maintained in accordance with the rules made under the Standards Act.
The State Government may cause to be prepared at the metrological wing of the mint at Bombay, as many sets of secondary standards or working standards as it may think necessary:
Provided that where the mint intimates the State Government in writing that it is unable to prepare any secondary standard or working standard, that Government may cause such secondary standard or working standard to be prepared by such organisation as the Central Government may, on a reference made to it by the State Government, by notification, specify in this behalf.
(1) Every secondary standard or working standard referred to in section 13, shall conform to the standards established by or under the Standards Act and shall be verified—
(a) in the case of a secondary standard, at any one of the places where reference standards are maintained, against the appropriate reference standard;
(b) in the case of a working standard, at any one of the places where secondary standards are maintained, against the appropriate secondary standard,
in such manner and at such periodical intervals as may be specified by or under the Standards Act and shall, if found on such verification to conform to the standards established by or under that Act, be stamped.
(2) Where any secondary standard or working standard is st
(1) Where the State Government is of opinion that by reason of the size or nature of any secondary standard or working standard, it is not desirable or practicable to put a stamp thereon, it may direct that instead of putting a stamp on such secondary standard or working standard, a certificate may be issued to the effect that such secondary standard or working standard conforms to the standards established by or under the Standards Act and every secondary standard or working standard so certified shall be deemed to have been duly stamped under this Act on the date on which such certificate was issued.
(2) Every certificate referred to in sub-section (1) shall be in such form as may be prescribed and shall contain such details as to enable a clear identification of the weight or measure to which it relates.
No person, not being an itinerant vendor, shall use any weight or measure in any transaction or for industrial production or for protection unless he is registered in accordance with the provisions of this Chapter.
(1) Every person, who intends to commence, or carry on, the use of any weight or measure in any transaction or for industrial production or for protection, shall make, within such time and containing such particulars as may be prescribed, an application for the inclusion of his name in a register to be maintained for the purpose (hereinafter in this section referred to as the “Register of Users”).
(2) The Register of Users shall be maintained in such form and in such manner as may be prescribed.
(3) The application referred to in sub-section (1) shall be made to the Controller or to such other person as the Controller may, by general or special order in writing, authorise in this behalf and every such application shall be made in such form, in such manner and on payment of such fee as may be prescribed.
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Whoever uses, after the expiry of the period prescribed under sub-section (1) of section 17, any weight or measure in any transaction or for industrial production or for protection shall, unless he is registered in accordance with the provisions of this Chapter, be punishable 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 six months, or with fine, or with both.
(1) No person shall make, manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a valid licence issued in this behalf by the Controller authorising such person to do so:
Provided that a person who bonafide repairs any weight or measure owned and possessed by him shall not be required to take out a licence referred to in this sub-section.
(2) Every licence issued under this section-
(a) shall be-
(i) is such form,
(ii) issued on payment of such fees, and
(iii) valid for such period,
as may be prescribed.
(b) may
(1) The Controller may, if he has any reasonable cause to believe that the holder of any licence issued, renewed or continued under this Act has made any statement in, or in relation to, any application for the issue, renewal or continuance of the licence, which is incorrect or false in any material particular or has contravened any provision of the Standards Act or any State Act or this Act or any rule or order made thereunder, suspend such licence, pending the completion of any inquiry or trial against the holder of such licence:
Provided that no such licence shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action:
Provided further that where the inquiry or trial referred to in this sub-section is not completed within a period of three months from the date of sus
Save as otherwise provided in the Standards Act, no person shall-
(a) make or manufacture any weight or measure unless such weight or measure conforms to the standards established by or under the Standards Act;
(b) make or manufacture any weight or measure with indications thereon of any weights or measures in accordance with unit other than the units of weights or measure specified by or under the Standards Act.
No weight or measure shall be sold, or offered, exposed or possessed for sale, or used or kept for use in any transaction or for industrial production or for protection unless it has been verified and stamped:
Provided that nothing in this section shall apply to any weight or measure which has been initially verified and stamped with a special seal referred to in sub-section (3) of section 41 of the Standards Act.
(1) Every maker, manufacturer, repairer or dealer and every person using any weight or measure in any transaction or for industrial production or for protection shall maintain such records and registers as may be prescribed and if required so to do by an Inspector, shall produce such records and registers before the Inspector for inspection.
(2) Notwithstanding anything contained in sub-section (1), if the Controller is of opinion that having regard to the nature or volume of the business carried on by any maker, manufacturer, dealer, repairer or user of any weight or measure, it is necessary so to do, he may, by order, exempt maker, manufacturere, dealer, repairer or user from the operation of sub-section (1).
(1) Every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or likely to be, used by him in any transaction or for industrial production or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the Controller may, by general or special order, specify in this behalf (hereinafter referred to as the specified place or specified time), on payment of such fees as may be prescribed.
(2) Every weight or measure referred to in sub-section (1) shall be re-verified at such periodical intervals as may be prescribed.
Explanation.—For the removal of doubts it is hereby declared that no periodical re-verification shall be necessary is relation to any w
Legal Comments
"Section 24 — Verification and stamping of weights or measures" - Section 24 imposes verification and stamping before use for weights or measures used in transactions, industrial production, or protection; includes an explanatory exception for domestic use; sets up inspector attendance at specified places/times and certificates of verification - [Rajendra Prasad Poddar VS State of Jharkhand - 2015 0 Supreme(Jhk) 457]
"Essential ingredients of Section 24" - to invoke, weigh/measure must be in possession and intended for use in a transaction or production or protection; verification at designated place/time; stamping; periodic re-verification; domestic-use exemption; allows for in-situ verification in certain cases - [Rajendra Prasad Poddar VS State of Jharkhand - 2015 0 Supreme(Jhk) 457]
"Definition of 'transaction' in context" - Section 3(o) cross-references to Standards Act meaning; the scope can extend to transactions by banks or other non-traditional buyers where weighing/measurement occurs in the course of operations - [KARNATAKA BANK LIMITED VS STATE OF KARNATAKA - 1999 0 Supreme(Kar) 487]
"Triggering the enforcement regime" - Section 24 applies where weights/ measures are used or likely to be used in a transaction or industrial production; storage tanks and similar non-traditional objects may be treated differently depending on whether they function as weights/measures in a transaction - [Hindustan Latex Ltd Vs The Assistant Controller, Legal Metrology Department - 2025 0 Supreme(Ker) 295], [Bharat Petroleum Corporation Limited, Ranchi VS State of Bihar (Now Jharkhand) - 2014 0 Supreme(Jhk) 57]
"Domestic-use limitation" - Section 24(2) expressly excludes weights/measures used exclusively for domestic purposes from reverification requirements; the explanation clarifies the domestic-use carve-out - [Rajendra Prasad Poddar VS State of Jharkhand - 2015 0 Supreme(Jhk) 457], [Bharat Petroleum Corporation Limited, Ranchi VS State of Bihar (Now Jharkhand) - 2014 0 Supreme(Jhk) 57]
"Penalty framework interlinked with Section 24" - Section 47 delivers penalties for contravention of Section 24; conviction penalties escalate from fines to imprisonment on subsequent offences - [Rajendra Prasad Poddar VS State of Jharkhand - 2015 0 Supreme(Jhk) 457], [Bharat Petroleum Corporation Limited, Ranchi VS State of Bihar (Now Jharkhand) - 2014 0 Supreme(Jhk) 57]
"Section 33/Section 41 interplay (penalties for unverified weights) vs. Section 24" - Section 33/41 address offences for use/sale/transfer of unverified weights; these provisions complement Section 24 by prescribing penalties for non-compliance in transactions - [Mahindra, Mahindra Ltd. , Rep. by its Power of Attorney holder Usha Amonkar VS Director Of Standard Of Weights And Measures - 2011 0 Supreme(Ker) 420], [General Insurance Indian Oil Corporation Ltd. VS State Of U. P. - 2023 0 Supreme(All) 538]
"Case-law: storage tanks not treated as weighing/measuring instruments" - Courts have held that storage tanks used for internal storage or processing may not fall within the instrument definition, thus Section 24 may not apply; but calibration/verification can be asserted depending on whether tank qualifies as a weighing/measuring instrument - [Bharat Petroleum Corporation Limited, Ranchi VS State of Bihar (Now Jharkhand) - 2014 0 Supreme(Jhk) 57], [Cochin Refineries Ltd. VS State of Kerala - 2002 0 Supreme(Ker) 98]
"Case-law: petrol pumps for internal consumption not verifiable" - In some cases, petrol pumps used for internal consumption were held not liable to verification/stamping; balance with broader interpretation where internal use could still be within a broader transaction concept under Section 24 - [Manager Of Kargali Colliery VS State Of Bihar - 2000 0 Supreme(Pat) 805], [Rajendra Prasad Poddar VS State of Jharkhand - 2015 0 Supreme(Jhk) 457]
"Vicarious liability and Section 74/62 analogues" - Prosecution against company officers (e.g., MD/GM) can be maintained where they are in-charge/responsible for conduct; absence of requisite averments against individuals can lead to quashing for those individuals, while others may be held liable - [M. S. Ramachandran VS Sandip Meta - 2010 0 Supreme(Cal) 855], [Kerala State Autorickshaw Drivers Federation VS Controller of Legal Metrology - 1993 0 Supreme(Ker) 442]
"Section 24 in the 2009 Legal Metrology Act context" - Repeal and replacement by Legal Metrology Act, 2009; transitional questions about applicability of earlier Sections 24, 27, and related rules; 2009 Act preserves core verification concepts but updates definitions and penalties - [General Insurance Indian Oil Corporation Ltd. VS State Of U. P. - 2023 0 Supreme(All) 538], [00200009377]
"Application to packaged commodities vs. non-packaged commodities" - Rules under Packaged Commodities Act and Rules interplay with Section 24; the packaging declarations and verification requirements hinge on whether the item is a packaged commodity or other weights/measures; exemptions exist for certain items (e.g., where not packaged) - [Titan Industries Limited VS State of Maharashtra - 2016 0 Supreme(Bom) 734], [R. Venkitaraman VS Union of India - 2013 0 Supreme(Ker) 150]
"Advertising/labeling compliance under Section 11 (1985 Act) and Section 39 (1976 Act)" - Provisions prohibit misstatement of weight/measure in advertisements; courts have found that certain horsepower vs. watts conversions or misdescriptions may not constitute an offence, emphasizing practical interpretation and consumer understanding - [Mahindra, Mahindra Ltd. , Rep. by its Power of Attorney holder Usha Amonkar VS Director Of Standard Of Weights And Measures - 2011 0 Supreme(Ker) 420], [00900024570]
"Test-centre verification framework under Legal Metrology Act, 2009" - The 2009 Act allows for government-approved test centres to conduct verification; section 24 interacts with Schedule-based fee structures and in-situ verification exemptions (e.g., tanks in situ) - [General Insurance Indian Oil Corporation Ltd. VS State Of U. P. - 2023 0 Supreme(All) 538], [M. S. Ramachandran VS Sandip Meta - 2010 0 Supreme(Cal) 855]
"Cognizance and time-bar considerations (Section 468 CrPC) in SWM enforcement cases" - Courts have emphasized that cognizance taken time-barred offences can be dropped; timely application of Section 468 is a pertinent defence in MW&ME enforcement matters - [Surendra Prasad Keshri VS State Of Jharkhand - 2001 0 Supreme(Jhk) 172], [Rajendra Prasad Poddar VS State of Jharkhand - 2015 0 Supreme(Jhk) 457]
"Interplay with pre-2011/state-specific rules" - Several decisions discuss interplay between Central SWM Acts and state-level enforcement rules; where state rules have diverging timelines, courts assess validity of notices and applicability accordingly - [Bharat Petroleum Corporation Ltd. VS State of Jharkhand - 2013 0 Supreme(Jhk) 973], [The State of Tamil Nadu rep. By the Secretary Department of Weights and Measures & Others VS Hindustan Petroleum Corporation Ltd. - 2007 0 Supreme(Mad) 486]
"Non-application to non-commercial secondary uses (e.g., internal calibrations)" - Repeated emphasis that verification obligations target weights/measures used in commerce or industry; purely internal calibrations may not trigger Section 24, though related rules may impose other compliance duties - [Bharat Petroleum Corporation Limited, Ranchi VS State of Bihar (Now Jharkhand) - 2014 0 Supreme(Jhk) 57], [Cochin Refineries Ltd. VS State of Kerala - 2002 0 Supreme(Ker) 98]
"Exemption for scientific instruments and arms/ammunition manufacturing under 2009 Act" - Certain exemptions exist under newer Legal Metrology regimes for arms, ammunition, or research/exports; these exemptions reflect policy shifts away from blanket enforcement for all weights/measures - [General Insurance Indian Oil Corporation Ltd. VS State Of U. P. - 2023 0 Supreme(All) 538], [RAMKISHAN MANGILAL SONI PARTNER OF LAXMI TOLMAP VS STATE OF GUJARAT THROUGH SECRETARY - 2011 0 Supreme(Guj) 634]
"Impact on bank and financial transactions using weighing instruments" - Courts have recognized that banks’ use of weighing instruments in incidental processes can trigger verification in broader transaction contexts, aligning with the Section 24 mandate when instruments are used in activities connected to transactions - [KARNATAKA BANK LIMITED VS STATE OF KARNATAKA - 1999 0 Supreme(Kar) 487]
"Role of due process and fair opportunity in prosecutions under SWM Acts" - Jurisprudence stresses the need for proper authorization to prosecute and for proper averments, especially in vicarious liability scenarios, to avoid improper prosecutions - [M. S. Ramachandran VS Sandip Meta - 2010 0 Supreme(Cal) 855], [Nagrik Upbhokta Margdarshak Manch vs State of Madhya Pradesh - 2024 0 Supreme(MP) 752]
"Overall takeaway" - Section 24 is a central enforcement provision tying possession/usage of weights and measures to verification/stamping obligations and associated penalties, with nuanced exceptions for domestic/internal use and evolving statutory framework under the Legal Metrology regime - [Rajendra Prasad Poddar VS State of Jharkhand - 2015 0 Supreme(Jhk) 457], [General Insurance Indian Oil Corporation Ltd. VS State Of U. P. - 2023 0 Supreme(All) 538]
Every certification of verification granted under this Act shall be displayed in a conspicuous place in the premises where such weight or measure is being, or is intended or likely to be, used in any transaction or for industrial production or for protection.
(1) A weight or measure which is, or is deemed to be, duly verified and stamped under this Act shall be deemed to conform to the standards established by or under the Standards Act at every place within the State in which it is stamped unless it is found on inspection or verification that such weight or measure has ceased to conform to the standards established by or under the Standards Act.
(2) No weight or measure which is, or is deemed to be, duly verified and stamped under this Act shall require to be re-stamped merely by reason of the fact that it is being used at any place within the State other than the place at which it was originally verified and stamped:
Provided that where a verified weight or measure, installed at one place, is dismantled and re-installed at a different place, such weight or measure shall not be put into use
(1) An Inspector may, within the local limits of his
jurisdiction, inspect and test at all reasonable times, any weight or measure which—
(i) is in the possession, custody or control of any person, or
(ii) is in or on any premises,
in such circumstances as to indicate that such weight or measure is being, or is intended or likely to be, used in any transaction or for industrial production or for protection, and may also verify whether such weight or measure is in conformity with the standards established by or under the Standards Act.
(2) For the purpose of ascertaining the correctness of any weight or measure use in any transaction, an Inspector may also test the weight or measure of the
(1) An Inspector may, if he has any reasonable cause to believe that an offence punishable under this Act has been or is likely to be, committed in respect of any weight or measure or that any weight or measure does not conform to the standards established by or under the Standards Act, require, at all reasonable times, the person having the custody or control of such weight or measure to produce before him for inspection every such weight or measure which,—
(i) is used by such person or is caused by such person to be used by any other person, or
(ii) is in the possession, custody or control of such person for use, or
(iii) is kept in or on any premises for use, in any transaction or for industrial production or for protection.
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An Inspector may, if he has any reason to believe, whether from any information given to him by any person and taken down by him in writing or from personal knowledge or otherwise, that an offence punishable under this Act has been, or is likely to be, committed in relation to any weight, measure or other goods which are sold, delivered or distributed by weight, measure or number, enter, at all reasonable times, into any premises—
(i) where such weight or measure is—
(a) made manufactured, repaired, or sold, or
(b) used, or kept or believed to be kept for use, in any transaction or for industrial production or for protection;
(ii) where such goods are manufactured, packed, distributed or sold or kept or offere
(1) Where the Controller has reason to believe that any weight or measure, liable to be seized under this Act, or any document or thing in relation to any weight or measure, will be, in his opinion, useful for or relevant to, any proceeding under this Act, is secreted in any place, he may search or authorise any officer, not below the rank of an Inspector, to search for and seize, such weight or measure, document or thing, and the provisions of sections 100 and 102 of the Code of Criminal Procedure, 1973 (2 of 1974), shall apply to every such search.
(2) Every authorisation made by the Controller under sub-section (1) shall be deemed to be a warrant referred to in section 93 of the Code of Criminal Procedure, 1973 (2 of 1974).
(1) An Inspector may seize and detain any weight or measure in relation to which an offence under this Act is being, or appears to have been, committed, or which is intended or likely to be used in the commission of such offence, and may also seize and detain any goods sold or delivered, or cause to be sold or delivered, by such weight or measure:
Provided that where any goods seized under this sub-section are subject to speedy or natural decay, the Inspector may dispose of such goods in such manner as may be prescribed.
(2) Where any weight, measure or any article is seized and detained under sub-section (1), the Inspector may also seize and detain any document or other record relating to such weight, measure or article.
(3) The provisions of section 102 of the Code of Criminal Procedure, 197
Every false or unverified weight or measure (other than those referred to in section 30 of the Standards Act) seized under the provisions of this Act shall be liable to be forfeited to Government:
Provided that such unverified weight or measure shall not be forfeited to the Government if the person from whom such weight or measure was seized gets the same verified and stamped within such time as may be prescribed.
(1) The provisions of the Standards Act and the rules made thereunder, as in force immediately before the commencement of this Act, with regard to commodities in packaged form shall, as far as may be, apply to every commodity in packaged form which is distributed, sold, or kept, offered or exposed for sale, in the State as if the provisions aforesaid were enacted by, or made under, this Act subject to the modification that any reference therein to the “Central Government”, “Standards Act” and the “Director” shall be construed as references respectively, to the “State Government”, “this Act” and the “Controller”.
(2) The State Government may make rules, not inconsistent with the Standards Act or any rule made thereunder, to regulate the packaging of any commodity intended to be sold or distributed, within the State in packaged form, or to regulate the sale or distribution, within th
(1) Any custom, usage, practice or method of whatever nature which permits a person to demand, receive, or cause to be demanded or received, any quantity of article, thing or service in excess of; or less than the quantity specified by weight, measure or number in any contract or other agreement in relation to the said article, thing or service, shall be void.
(2) Where in relation to any commodity sold by number there is a custom or usage of delivering a fixed number of such commodity in addition to the number of commodities paid for, such custom or usage shall, on and from the commencement of this Act, cease.
(1) Where any commodity is sold by heaps, the approximate weight, measure or number of the commodity contained in each heap shall be conspicuously announced by the seller or his agent, if any, either by word of mouth or by a written notice placed on each heap:
Provided that no such announcement shall be necessary in the case of a heap where the total price of the commodity contained in such heap does not exceed two rupees.
(2) Where, or weighment, measurement or counting of any commodity sold by heap, it is found that the weight, measure or number, determined by such weighment, measurement or counting, is less than the approximate weight, measure or number announced by the seller or his agent and the deficiency is more than five per cent of such announced weight, measure or number, the seller shall be deemed to have used a false weight o
Whoever,-
(a) makes or manufactures, or causes to be made or manufactured (except where he is permitted under the Standards Act so to do), any weight or measure in accordance with any standards other than the standards established by or under the Standards Act, or
(b) (i) sells or otherwise transfers, or causes to be sold or otherwise transferred, or
(ii) lets, or causes to be let, on hire,
any weight or measure which has been manufactured in accordance with any standards other than the standards established by or under the Standards Act,1[shall be punished with imprisonment for a term which shall not be less than three months but which may extend to one year, and, for the second or subsequent offence, with imprisonment for a term which shall not be
(1) Whoever,—
(i) counterfeits any seal specified by or under this Act or the Standards Act, or
(ii) sells or otherwise disposes of any counterfeit seal, or
(iii) possesses any counterfeit seal, or
(iv) counterfeits any stamp, specified by or under this Act or the Standards Act or any rule made under either of those Acts, or
(v) removes any stamp made, whether under this Act or the Standards Act or any rule made under either of those Act, or tampers with any stamp so made, or
(vi) removes any stamp made, whether under this Act or the Standards Act or any rule made under either of those Acts, and affixes the stamp so r
(1) Except where he is permitted under the Standards Act so to do, whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity, article or thing by any weight, measure or number other than the standard weight or measure 1[shall be punished with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which shall not be less than three months but which may extend to one year and also with fine.]
(2) Whoever renders, or causes to be rendered, any service in terms of any weight, measure or number other than the standard weight or measure 1[shall be punished with fine which shall not be less than five hundred rupees but which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which shall not
(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 quan
Whoever, in relation to any specified class of goods, services, 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 for a term which may extend to one year and also with fine.
Except where he is permitted under the Standards 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) mentions any weight or measure in any advertisement, poster or other document, or
(d) indicates the weight, measure or number of the net contents of any package or on any label, carton or other thing, or
(e) expresses, in relation to any transaction, industrial production or protection, any quantity or dime
Whoever, being required to obtain a licence under this Act makes, manufactures, repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in possession of a valid licence empowering him to do so, 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 three years and also with fine.
A licensee who after the suspension of cancellation of the licence issued to him or renewed or continued under this Act, omits or fails to stop functioning as a licensee under this Act, shall be punished with imprisonment for a term which may extend to one year.
Except where he is permitted under the Standards 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 to the said standards, or
(b) bears thereon any indication of weight or measure which is not in conformity with the standards of weight or measure established by or under that Act, whether such indication is or is not in addition to the indication of weight or measure in accordance with 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 or subsequent offence, with imprisonment for a term which may extend to three years
Whoever,—
(a) sells, offers, exposes or possesses for sale, any weight or measure which has not been verified and stamped under this Act, or
(b) uses, or keeps for use, any weight or measure which, being required to be verified and stamped uner this Act, 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:
Provided that nothing in clause (b) shall apply, in relation to any weight or measure which is used for domestic purposes.
Whoever, being required by section 23 to maintain any record or register, omits or fails to do so, or being required by an Inspector to produced 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.
Whoever, being required by section 24 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.
Whoever, being required by an Inspector, or any person authorised by or under this Act 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.
Whoever obstructs the entry of an Inspector, or any person authorised by or under this Act to exercise the powers of an Inspector, into any premises for the inspection and verification of any weight or measure or any document or other record relating thereto or 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 and subsequent offence, with imprisonment for a term which may extend to five years.
Whoever prevents the Controller or any officer authorised by the Controller in this behalf, from searching any premises or prevents an Inspector from making any seizure of any weight, measure, packaged commodity, 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.
(1) Whoever manufactures, distributes, packs, 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 the Standards Act and the rules made thereunder, read with section 33, 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 package or label thereon, shall be punished with imprisonment for a te
Whoever sells any commodity by heaps without complying with the provisions of section 35, 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 six months, or with fine which may extend to one thousand rupees, or with both.
Whoever alters or otherwise tampers with any licence issued or renewed under this Act or any rule made thereunder, otherwise than in accordance with any 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.
Whoever sells, delivers or disposes of, or causes to be sold, delivered or disposed of, and weight or measure which has been rejected on verification under this Act or the Standards Act, or any rule made under either of the said Act, 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, or any rejected weight or measure which has been defaced in the prescribed manner.
Whoever personates in any way the Controller, Additional Controller or an Inspector or any other officer authorised by the Controller, shall be punished with imprisonment for a term which may extend to three years.
(1) Whoever gives information to a Controller, Additional Controller or an Inspector or any other officer authorised by the Controller, which he may require or ask for in the course of his duty and which such person either knows or has reason to believe to be false or does not believe to be true, 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.
(2) Whoever, being required by or under this Act so to do, submits a return or maintains any record or register which is false in any material particular, 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.
(1) If any
Inspector or any other officer exercising powers under this Act or any rule made
thereunder wilfully verifies or stamps any weight or measure in contravention of the provisions of this Act or of any rule made thereunder, he shall, for every such offence, 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.
(2) If any Inspector or other officer who enters into any premises in the course of his duty wilfully discloses, except in the performance of such duty, to any person any information obtained by him from such premises with regard to any trade secret or any secret in relation to any manufacturing process, he shall be punished with imprisonment for a term which may extend to one year, or with fin
An Inspector or any other officer exercising powers under this Act or any rule or order made thereunder who knows that there are no reasonable grounds for so doing, and yet—
(a) searches, or causes to be searched, any house, conveyance or place, or
(b) searches any person, or
(c) seizes any weight, measure or other movable property,
shall, for every such offence, 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.
Whoever contravenes any provision of this Act for the contravention of which no punishment has been separately provided for in this Act, shall be punished with fine which may extend to two thousand rupees.
(1) If any person,—
(a) makes or manufactures, or causes to be made or manufactured, any false weight or measure, or
(b) uses, or causes to be used, any false or unverified weight or measure in any transaction or for industrial production or for protection, or
(c) sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred, any false or unverified weight or measure,
it shall be presumed, until the contrary is proved, that he had done so with the knowledge that the weight or measure was a false or unverified weight or measure, as the case may be.
(2) If any person has in his possession custody or control any false or unveri
(1) Any
employer, who knows or has reason to believe that any person employed by him has, in the course of such employment, contravened any provision of this Act or any rule made thereunder, shall be deemed to have abetted an offence against this Act:
Provided that no such abetment shall be deemed to have taken place if such employer has, before the expiry of seven days from the date on which,—
(a) he comes to know of the contravention, or
(b) he has reason to believe that such contravention has been made,
intimated, in writing, to the Controller the name of the person by whom such contravention was made and the date and other particulars of such contravention.
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(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to, the company for the conduct of the business of the company, as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render any person liable to punishment if he proves that the offence was committed without his knowledge, or that he had exercised all due diligence to prevent the commission of such offence.
(2) Notwithstanding anything contained in sub-section (1), where any offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—
1[(a) no court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by—
(i) the Controller;
(ii) any other officer authorised in this behalf by the Controller by general or special order;
(iii) any person aggrieved; or
(iv) a recognised consumer association whether the person aggrieved is a member of such association or not.
Explanation.—For the purposes of this clause “recognised consumer association” means a voluntary consumer association registered und
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under section 36, section 38, section 39, section 40, section 41, section 42, section 45, section 52 or sub-section (3) of section 72 may be tried summarily.
(1) Any offence punishable under section 39, section 40, section 41, section 42, section 44, section 45, section 46, section 47, section 48, section 51, section 52, section 54 or section 59 or any rule made under sub-section (3) of section 72, may either before or after the institution of the prosecution, be compounded, by the Controller or such other officer as may be authorised in this behalf by the Controller, on payment, for credit to the State Government, of such sum as the Controller or such other officer may specify:
Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded.
(2) Nothing contained in sub-section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the firs
The provisions of the Indian Penal Code (45 of 1860) in so far as such provisions relate to offences with regard to weights or measures, shall not apply to any offence which is punishable under this Act
(1) Where the business of a person licensed under this Act is transmitted by succession, intestate or testamentary, the heir or legatee, as the case may be, of such person shall not carry on the business of such licensee either in his own name or in any other name, unless the heir or legatee has, before the expiry of sixty days after the date of such transmission, made to the Controller an application for the issue of a licence in accordance with the provisions of this Act:
Provided that nothing in this section shall be deemed to prohibit the heir or legatee from carrying on business as such licensee for the aforesaid period of sixty days, and, if he has applied for such licence, until he is granted the licence or is, by a notice in writing informed by the Controller that such licence cannot be granted to him.
(2) Where the business of a
A licence issued or renewed under this Act shall not be saleable or otherwise transferable.
(1) Subject to the provisions of sub-section (2), an appeal shall lie,—
(a) from every decision given or order made under Chapter V, Chapter VI, Chapter VII, Chapter VIII, Chapter IX or Chapter X of this Act, by—
(i) an Inspector, or
(ii) an Additional Controller,
to the Controller; and
(b) from every decision given or order made by the Controller under Chapter V, Chapter VI, Chapter VII, Chapter VIII, Chapter IX or Chapter X of this Act, not being a decision made in appeal under clause (a),
to the State Government or any officer specially authorised in this behalf by that Government.
The State Government may, by rules made under section 72, levy such fees, not exceeding:—
(a) five hundred rupees, for the application for the issue or renewal of a licence for making or manufacturing of any weight or measure,
(b) one hundred rupees, for the issue of a licence for repairing or selling of any weight or measure,
(c) fifty rupees for the alteration of any licence,
(d) five thousand rupees, on a graded scale, for the verification of any weight or measure, having regard to the time and labour which may be involved in making such verification,
(e) ten rupees, for the adjustment of any weight or measure,
(f)
(1) The State Government may, by notification, direct that any power exercisable by it under this Act or rule made thereunder, not being a power conferred by section 69 (relating to appeal) or section 70 (power to lay down scale of fee) or section 72 (power to make rules), in relation to such matters and subject to such conditions as may be specified, may be exercised also by such officer subordinate to it as may be specified in the notification.
(2) Subject to any general or special direction or condition imposed by the State Government, any person authorised by the State Government to exercise any powers may exercise those powers in the same manner and to the same extent as if they had been conferred on that person directly by this Act and not by way of delegation.
(1) The State Government may, by notification and after consultation with the Central Government, make rules to carry out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any or the following matters, namely.—
(a) the class of goods, services, undertakings or users in relation to which no transaction, dealing or contract, or industrial production or use for protection shall be made or had or undertaken except by such weight, measure or number as required by section 10;
(b) the places at which, and the custody in which, the following standards shall be kept, namely:—
(i) reference standards,
(1) Where any type of weight or measure manufactured by a licensed manufacturer is such that all the weights or measures of that type manufactured by him within the State is intended to be sold, distributed or delivered therein, the State Government may, by notification, direct that the model of every such type of weight or measure shall be submitted for approval in accordance with the provisions of sections 36, 37 and 38 of the Standards Act, and thereupon, the provisions of the said sections 36, 37 and 38 shall become applicable to such model, and references in those sections to the Central Government and to the Standards Act shall be construed as references, respectively, to the State Government and this Act.
(2) Where the State Government makes a direction under sub-section (1) in relation to any type of weight or measure, any contravention of the provisions of section 39, sect
The provisions of this Act, in so far as they relate to the verification and stamping of weight and measures, shall not apply to any weight or measure,-
(a) used in any factory exclusively engaged in the manufacture of any arms, or ammunition, or both, for the use of the Armed Forces of the Union;
(b) used for scientific investigation or for research;
(c) manufactured exclusively for export.
(1) On the commencement of any provisions of this Act in a State, the corresponding provisions of any law in force for the time being in that State shall stand repealed, and on such repeal, the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if the provisions so repealed were the provisions of a Central Act.
(2) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions of this Act.
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