Sikkim act 004 of 1980 : The Sikkim Weight And Measures Act 1980

GOVERNMENT GAZETTE

EXTR AO R D IN A R Y

PUBLISHED· BY AUTHORITY No. 34 Gangtok, Friday, April 11, 1980

LAW AND LEGISLATIVE DEPARTMENT

NOTIFICATION

No. 4/LL/80. Dated Gangtok, the 5th April, 1980. The followinK Act of the Sikkim Legislative Assembly having received the assent of the Governor on the 5th day of April, 1980, is hereby published for general information.

SIKKIM ACT NO. 4 OF 1980

THE SIKKIM WEIGHTS AND MEASURES ACT, 1980.

AN

ACT

to provide for the enforcement of the standards of weights and measures established by or under the Central Act and for matters connected therewith or incidental thereto, Be it enacted by the Legislature of the State of Sikkiin in the Thirty-first year of the Republic of India as follows :~

CHAPTER I

PRELIMINARY

t , This Act may be called the Sikkim Weights and Measures Act, 1980. Short title,ex..;. It extends to the whole of the State of Sikkim. tent arid com- It shall come into force on such date as the State Government mencement. may, by notification, appoint and different dates may be appointed.· for different-

(a) provisions of this Act,

(b) areas,

(c) classes of undertakings,

(d) classes of goods,

(e) classes of weights and measures, or

(f) classes of users of weights and measures, and any reference in

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Act not to ap- ply to inter - State trade or commerce.

Definitions. '

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2. Nothing in this Act shall apply to any inter-State trade or commerce in anv weight or measure or in any other goods which arc sold, delivered or distributed b)1 weight, measure or number.

3. In this Act, unless the context otherwise requires,-

(a) "additional controller" includes 8, Joint Controller, Deputy Con- troller and an Assistant Controller appointed under section 5;

(b) "allthorised seal or stamp" means a seal or stamp made under, and in accordance 'With, the provisions of this Act;

(c) "Central Act" means the Standards of Weights and Measures Act,

(d) "controller" means the Controller of LegaI" Metrology appointed by the State Government under section 5;

(e) "counterfeit", in relation to a seal or stamp, means a seal or stamp which is so made as to resemble an authorlsed seal or stamp, 25 t!'le case may be, inten- t ding by that resemblance to practice deception, or knowing it to be likely that decep- tion will thereby be practised.

Explanation I. It is not essential that the resemblance of' the counterfeit seal or stamp to the authorised seal or stamp should be exact.

Explanation 2.- When a person causes a counterfeit seal or stamp to resemble an au- thorised seal or stamp and the resemblance is such that if a person relies on such seal or stamp, he might be deceived thereby, it shalt be presumed, until the contrary is proved, that the per"son so causing the seal or stamp to resemble the authorised seal or stamp intended by means of that resemblance to practise deception or knew it to be like- ly that deception would thereby be practised;

(f) "heap" means any unit of' a commodity for sale where such sale is intended to be made without any weighment or measurement or, where the sale is nude by number, without counting the number;

(g) "inspector" means a person who is appointed as such under section 5, by whatever name called;

(h) . "mint" means a mint of the Central Government; (i ) "notification" means a notification published in the Official Gazette;

(j) "prescribed" means prescribed by rules made under this Act;

(k) "protection" means the utilisation of any weight or measure, or any reading obtained with the help of any weight or measure, fer the purpose of deter mining whether or not any step is required to be taken to safeguard the well-being of any human being or animal, commodity, vegetation or thing,vvhether individually or collectively;

(1) "standard weight or measure" means a weight, measure or number which conforms to the standards established in relation thereto by or under Central Act;

(m) words and expressions used in this Act and not defined but defined in the Central Act shall have the meanings respectively assigned to them in that Act. Provisions of this 4. The provisions of this Act shall have effect notwithstanding anything incon- Act to override sistent therewith contained in any enactment other than this Act and the Central Act the provisions of or in any instrument having effect by virtue of any enactment other than this Act or any other law ex- the Central Act. .

cept the Central

Act.

Appointment

of Controllers.

Inspectors.

other officers

and staff.

CHAPTER II

APPPOINTMENT OF CONTROLLERS, INSPECTORS AND OTHER

OFFICERS.

5. (I) The State Go\'ernment may, by notification, appoint a Controller of Leoal Metrology for the State and as many Additional, Joint, Deputy. or Assist.aJ.-lt. Con , trollers, Inspectors and other officers anel. staff as may be. neccss~r)' for eXerCJSll~g tl:~ powers and efficiently discharging the duties conferecl or llnpo~(':' on them by 01 under this Act.

exercise

(2) Every Additional Controller, appo intcc~ under sub-section (J), shall such powers, and discharge such functions, ~f the Controller, as the State )' . .ification authorise in this behalf.

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~-0) The Controller ma)', b)' general or special order, define the local limits within which each Additiona! Contvo ller or each Inspector shall exercise t1 e pO'Ners and discharge the duties conferred 01- imposed 011 him by or under this Act.

(4) Subject to the provisions of this Act, every Additional Controller and every Inspector shall perform his functions and discharge the duties of his office under the general superintendence, directions and control of the Controller and "hall exercise those pO'wers and discharge those duties in the same manner and with the ame cffect as jf thcy had been conferred or imposed on him direct by or under this Act and not by \V,,)' of authorisation.

(5) The Contro ller and every Additional Contro llcr may also - (a )' perform <:.11 or any of the functions of; and

(b) exercise all or

an Inspector

J(6) Where the Controller is of Opll1lO11that it is necessary so to do, Power to autho- he may, by an order in writing, authorisc an Inspector, or other Officer not below the rise Inspector to rank of' an Inspector, to adjust any weight or measure in any area within the local limits adjust weights or of his jurisdiction. measures.

(7) The Controller and eve)' Additional Controller, and every Inspector and every other person authoriscd to perform ;:;.ny duty by 01' under this Act, shall be deemed to be a public servant within the me

8. No suit, r)1'osecution or other lep-,",lpr occedirios shall lie against the Centro-o L b 0 Iler or any additional Controller, or any Inspector or any other person authorised to perform any duty hy or under this Act in respect of anything which is in good faith clone or intended to be done under this Act or any rule or order nude thereunder. CHAPTER In

GENERAL PROVISIONS IN RELATION TO STANDARD \lVmGHTS

AND MEASURES.

9. (I) Norwithstandinp any custom, usage or method of whatever nature, no weight or measure other than the standard weight or messure shall be used or kept in ;my premises 'within the State of Sikkim in such circumstances as to indicate that S11Ch weight or measure is intended, or is likely, to be used For any wciphment or measurement.

(2) Any custom, usage, practice or method of whatever nature which permits a person to demand, receive, or cause to be demanded or received within the State of Sikkim, any quantity of article, thing or service in excess of, or less than, the quantity specified by weight or measure in the contract or other agreement in relation to the said article, thing or service shall he void.

(3) On and from the commencement of this Act, no weight, measure or number, other than the standard weight, measure or number, shall be used in, or form the basis of, any contract or other agj"eement in. relation to any trade or commerce within the State of Sikkim.

(4) Any contract or other agreement, which contravenes the provisions of sub-section (3), shall be void.

I 0 ~// (I) The State Government may, by rules made in this behalf, direct that in respect of the class of goods or undertakings or users specified therein -

(a) no .ransaction, dealing or contract shall be made or had; or

(b) no industrial production shall be undertaken; or

(c) no use of protection shall be made, within the State of Sikkim, except by such weight, measure or number as may be specified in the said rules.

(2) Any rule made under sub-section (I) shall take effect in such area, from such future date and subject to such conditions, if <1-ny,as may be specified therein. Controller and

officers appol1-

ted under" this

Act to be pub-

lic servants.

Protection of

action taken in

good faith.

Prohibition of use

of weights and

measures other

than standard

weights and

measures,

Use of weights

only or measures

only in certain

cases.

Prohibition of cillotations, etc. otherwise than in terms of stan- dard units of weight, measure or numeration. Custody and

verification of reference stan- dards.

Preparation of secondary and working stan- dards.

Verification, Stam- ping and Custody of Secondary or working stan-

dards.

Secondary or

working stan-

dard which may not be stamped. I I. Except-where he is permitted under the Central Act e o 0 ,~ ~o person shall, in relation to any goods or things which are sold, transferred, Lstnbutecl or delivered, or any services rendered. within the State of Sikkim ,-

(a) quote, 01' make announcement of, whether bv word of mouth or otherwise, any price or charge; or '

(b) issue or exhibit any price list, invoice, ca h memo or other. dOCLl- ment; or

(c) prepare or publish any advertisement, poster or other document; or

(d) indicate the contents of any p::tckage either on itself or on any label, carton or other thing; or

(e) indicate the contents on any container; or

(f) express, in relation to any transaction, industrial production or protection, any quantity or dimension, otherwise than in accordance with the standard <:l units of weioht, measure or numeration.u

CHAPTER IV

CUSTODY AND VERIFICATION OF STANDARD EQUIPMFNTS.

12. Every reference standard, supplied by the Central Government to the State Government, shall be kept at such place and in such custody as m2.) 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 and authenticated in accordance with the rules made under the Central Act.

13. The State Government may cause to be prepared at a Mint as many sets of secondary standard or wc rk ing standard, verified and authenticated bv thc Mint in sucho . / manner as may be specified under the Central Act, as it may think necessary:

Provided that where the Mint intimates the State Government in writing that it is unable to prepare secondary standard or working standard weight or measure, that Government may cause such secondary standard or working standard weight or measure to be prepared by such person as it may think fit and such secondary standard or working standard weight or measure shall be verified and authenticated by such authority as may be specified by rules made under this Act and every such verification and authentication shall be made in the manner specified under the Central Act.

14. (I) Every secondary standard or working standard shall conform to the standards established by or under the Central Act and shall be verified with the re- ference standard or secondary standard, as the case may be, in such manner and at such periodical intervals as may be specified by or under that 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 ,-,vorking standard is stamped under sub-section (I), a certificate shall be separately issued showing the date on which such weight or measure was stamped.

(3) Every verification and stamping referred to in sub-section (1) shall be made by such person or authority as may be prescribed. (4-) A secondary standard or working standard which is not verified and stamped in accordance with the provisions of sub-section (I) shall not be deemed to be a secondary standard or working standard, as the case may be; and shall not be used for the verification of any working standard or, as the case may be, of any 'weight or mea- sure, not being a national prototype or a reference standard or secondary standard.

(5) Every secondary standard shall be kept at such place and in such custody as may be prescribed.

15. 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 theron, 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 Central 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.

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CHAPTER V

MANUFACTURE, REPAIR OR SALE OF WEIGHTS OR MEASURES

J 6. (I) No person shall make, manufacture, repair or sell any weight or measure unless he holds a valid licence issued in this behalf by the Controller authori , sing such person to (Ie so :

Provided that a person who bonafide repairs in his premises any weight or measure owned by him shall not be required to take out a li.cence referred to in this sub- section if he, in the opinion of the Controller,-

(a) has the technical competence and the necessary equipment to repair such weight or measure; or

(b) having the necessary equipment for the repair of such weight or measure in his possession, has persons in his employment who have the technical compe- tence to repair such weight or measure.

(2) Every licence issued under this section -

(a) shall be in such form as may be prescribed;

(b) shall be issued on payment of such fees as may be prescribed;

(c) shall be valid for such period as may be specified therein;

(d) may be renewed from time to time; and

(e) may contain such conditions and restrictions as may be prescribed.

(3) Every licence issued under any Sikkim Law relating to weights and measures shall, if in force immediately before the commencement of this Act, continue to be in force until the expiry of the period of its validity or until the cancellation thereof, whichever i:; earlier, and may be renewed under this Act if an application for its renewal is made in the prescribed form at least one month before the expiry of the the period of its validity.

(4) A person who intends to commence, after the commencemnt of this Act, business as a maker, manufacturer, repairer or seller of any weight or measure, shall make an application in such form as may be prescribed for the issue of a licence and every licence so issued may be renewed if an application for its renewal is made in the prescribed form at least one month before the expiry of the period of its validity.

(5) The Controller may, if he is satisfied that the maker, manufacturer, repairer or seller, as the case may be, of any weight or measure was prevented by suffi- cient cause from making application for the renewal of his licence before the expiry of the period of the validity thereof, permit him to make the application within a further period of one month from the date of expiry of the said period on payment by him of such further fee, not exceeding the fee which is payable for the issue of the licence.

(6) On receipt of ,".11 application for the issue of a licence under this sec- tion, the Controller may, if he is satisfied, after making such inquiry as he may think fit, that the applicant fulfils the prescribed conditions, issue such licence:

Provided that no application for the issue of a licence shall be rejected unless the applicant has been given a reasonable opportunity of making representation against the proposed action.

(7) i~o application for the renewal of a licence issued under this section shall be rejected unless -

(a) the holder thereof has been given a reasonable opportunity of showing cause against the proposed action; and

(b) the 60ntroller is satisfied that -

(i) the application has not been made within the time specified in this section; or

(ii) the applicant has made any statement in, or in relation to, the application for the issue or renewal of the licence which is incorrect or false in any material particular; or

(iii) the applicant has contravened any provision of Central Act or any rule made thereunder or of this Act or any rule made thereunder.

Prohibition on

the manufac-

ture, repair or

sale of weights

or measures

without licence.

Suspension and cancellation of licence.

Manufacture of 18. weights or mea- surcs.

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(8) The Controller may require eveT)' repairer licensed under this Act 1:0 furnish to the State Government sccuritv For such sum, not exceeding two thousand rupees, as ma.y be prescribed, to enable that Government to compens<1.tc any owner of weight or measure for an)' loss or dam'1g\~ occasioned by such repairer.

(9) Nothing in this section shall apply to the sale by a userjwho is not a maker, manufacturer, dealer or repairer) or an)-" weight 01" measure of such description as may be prescribed.

(10) Every licence issued or renewed under this Act shall be displayed in a consp:icuous place in the premises where the licensee CalTlCSon his business.

17. (I) The Controller may, if he hits any reasonable cause to believe that the holder of any licence issued, renewed or continued under this Act has made any Statement' in, 0]" in relation to, any application Ior the issue or renewal of the licence which is incorrect or lalsc in any material particular or has contravened any provision of the Central Act (1]";my rule m.ide thereunder or of this Act or any rule made thereunder, suspend such licence, pending the completion of any inquiry or trial acainst the holder of such licence :

b .

Provided that no such licence shall he suspended unless the holder thereof has been given a reasonable opportunity of shOWing cause aga;nst the proposed action.

(2) The Controller m,1)" if he is satisfied after making such inquiry as he may think fit that the holder of a licence has made a false or incorrect Statement of the nature referred to in sub-section (I), or has cont ravened any law referred to in that sub- section, cancel such licence: .

Provided that no such licence shalt be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.

(3) Every person whose licence Ius been suspended shan, . immediately after such suspension, stop functioning as such licensee and shall not resume business as such licensee until the order of such :;uspension has been vacated.

(4) Every licensee whose licence has been suspended 01" cancelled shall, 1 1 h '" ~,f"'.,;" immcc iately after sue suspension or cancellation, as the case ma)(be,:,. surrender such licence to the authority hY'"vhich such licence \V;l.S issued. .;

(5) Every licensee whose licence has been cancelled shall, within a period of thirty days from the elate of such cancellation (or within such further priod, not ex- ceeding three months from such elate, as the Controller may, on sufficient cause being shown, a!Jow),dispose of the weights or measures which were in his poss -ssion, custody or control on the date of such cancellation, and in the event of his failure to do so, the Controller or any other officer authorised by him, in writing, in this behalf may seize and dispose of the same and distribute the proceeds thereof In such manner as mJ.Y be prescribed.

Save as otherwise provided in the Central Act, no person shall, -

(a) make or manufacture any weight or measure unless such weight or rneausre conforms to the standards established by or under the Central Act;

make or manufacture ~..•ny weight or measure with indications thereon of any weight or measure other than the units specified by or under the Central Act.

(b).

Prohibition of 19. No weight or measure which is required by or under this Act to be verified sale or use of and stamped shall be sold, used or kept for use unless it has been verified and stamped. unstamped wei-

ghts or measures,

Maker, manu-

facturer ctc., to

maintain r'e-

cords and re-

gisters.

20. (I) Every maker, manufacturer, repairer or dealer and every person using any weight or measure in any transaction or for industrial production or for protec- tion 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 (I), if the Contro- ller is of opinion that having regard to the nature or volume of the business carried en by any maker, manufacturer, dealer, repairer or user of any weight or measure, it is .necessary so to do, he :may, by order, exempt such maker, manufacturer, dealer, re- I f I) Ij 1IIIIiilllll nf rllnl rnll rnninn

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CHAPTER VI

VERTFfCATION AND STAMPING OF WEIGHTS OR MEASURES. /2 I .V (I) Every person haying any weight or measure in his possession, custody 01" control in circumstances indicating that such weight or measure is being, or is in- tended to be, used by hi111in an)' transaction or for industrial production or for protec- tion, shall before putting such \",eight or measure into use, have such weight or measure verihcclat 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).

(2) Every '".'eight or measure re.erred to in sub-section (I) shall be re- verified at such periodical intervals as may be prescribed.

(3) Every Inspector shall, for the purpose of verification of any weight or measure, attend the specified place (within the local limits of his jurisdiction) at the specified time and verify every weight or measure which is brought to him at such place and within such time and shall, if he is satisfied that such weight or measure conforms to the standards establised by or under the Central Act, put his stamp thereon:

Provided that where any weight or measure is such that it cannot, or should not, be moved from its location, the Inspector shall take such ·steps for the verification of such weight or measure as may be prescribed.

(4-) Where any verification has been made under sub-section (3), the Ins- pector shall grant to the person referred toin sub-section (I) a certificate in the prescri- bed form indicating therein the particulars of the weight or measure verified and stamp- eel by him.

(5) Where the Controller is of opinion that by reason of the size or na- ture of any weight or measure, it is not desirable to put a stamp thereon, he may, by an order in writing, direct that instead of putting a stamp on such weight or measure, a certificate may be issued to the effect that such weight or measure conforms to the standards established by or under the Central Act and every weight or measure so certi- Heel shall he deemed to have been duly verified and stamped under this Act.

22. Every certificate or 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 to be, used in any transaction or for industrial production or for protection.

23. (I) 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 Central Act at every place within the State of Sikkim unless it is found on ins- pection or verification, that such weight or measure does not conform to the standards established by or under that 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-starnped merely by reason of the fact that it is being used at any place within the territory of the State of Sikkim 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 unless it has been re-verified and stamped notwithstanding that periodical reverfication of such weight or measure has not become due.

CHAPTER VII

INSPECTION, SEARCH, SEIZURE AND FORFEITRUE.

(I) An Inspector may, within the local limits of his jurisdiction, at all reasonable times, any weight or measure which -

(i) is being, or is intended to be, used; or

(ii) is in the possession, custody or control of any person; or (i ii) is in or 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 protection, and may also verify whether such weight or measure is in conformity with the standards es-

f] llli111rrlln nr llllnnr illi ~Intral Act. Verfication and

stamping of

weights or mea-

sures.

Display of cer-

tificate of veri-

fication.

Validity of wei-

ghts or measures

duly stamped.

24-.

and test,

inspect Power to

insp~

c-«>:~ ..-

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Power of Ins- pector to re- quire produc- tion of weight or measure or records for Ins- pection.

Power of Ins- pector to enter premises.

Power to search.

(2) For the purpose of ascertaining the correctne s of any weight or measure used in any transaction, any Inspector may also test the weight or measure of any article sold or delivered to any person in the course of such transaction.

25. (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 re peet of any weight or measure or that any weight or measure do es not conform to the stand, rd established by or under the Central Act, require, at all reasonable times, the person having the custody or control of such "veight or measure which "

(i) is used by such person or is caused by such person to be u ed by any other person; or

(ii) is in the possession, custody or control of such person for lIse; or

(iii) is kept in or on any premises for use in any transaction or for indus- trial production or for protection.

(2) The Inspector may also require the production of every document or other record relating to the 'weight Or measure referred to in sub-section (I) and the person first mentioned in that sub-section shall comply with such requisition.

(3) On inspection, whether under section 24 or under this section, the Inspector may obliterate the stamp on any weight or measure -

(a) which does not, or cannot be made to, conform to the standards established by or under the Central Act:

Provided that where the Inspector is of opinion that the defect or error in such weight or measure is not such a,s to require immediate obliteration of the stamp, he shall serve a notice on the user or such weight or measure informing him of' the defect or error found in the weight or measure and calling llpon him to remove the de- fect or error within such time, not exceeding eight clays, as he n1<1yspecify and shall -

(i) if the user fails to remove the defect or error -vithin that period, obliterate the stamp; or

(ii) if the defect or error. is so removed as to make the weight or mea- sure conform to the standards established by or under the Central Act, verify such weight or measure and pllt his stamp thereon;

(b) which does not admit of proper adjustment owing to its beino bro- ken, indented or otherwise defective; b

(c) . which, since the last verification and stamping, has been repaired or re-adjusted but does not, after such repair or re-adjustment, conforms to the standards established by or under the Central Act;

(d) which, being due for verification, has not been submitted for such verification. .

26. (1) An Inspector may, if he has any reason to believe, whether from any information should be 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 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 offered for sale in packaged form.

and inspect or verify any weight measure or the net contents, by 'weight, measure or number, of any package, and may also examine any document or other record relating thereto.

(2) An Inspector may at all reasonable times enter into any premises for such purposes other than those specified in sub-section (1), as may be prescribed. !7. (I) Where the Controller has reason to believe that any weight or \/:Ueasure, liable to be seized under this Act, or an)' document or thinfJ in relation to an vo J 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 such weight or m~asure, document or thing, and the general provisions relating to search under the Code of Criminal Procedure in force in Sikkim shall apply to every such search.

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(2) Every authorisation m..ide by the Controller under sub-section (J) shall be deemed to be: " search warrant refeTred to in the general provisions rcbting to searches under the Code of Criminal Procedure in force in Sikkim. /

28,/" (I) An Inspector lllay seize and detain any weight 0;" measure in relation Pow-er of In5- to which an offence under this Act appears to hZlVC been committed or which is likely to pcctor to seize be used in the commission of such offence.and m<'.y Z\1s0 seize and detain ,my goocb sold any weight 01"

or delivered, or caused to be sold or delivered, by such weight or measure: 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 preseribed.

(2) Where any weight or measure or <>.ny .1r tick is seized and detained under sub-section/ I), the Inspector nVLyalso seize and detain any document or other record relating to such \-veight, measure or art icle.

29. If, on verification of .:my commodity in ?"ckaged form, the net weight, measure or number of commodity contained in the p

seai. or reo.pack

where net con-

tents are found to

have been cor-

rectly stated.

(a) the manufacturer or packer of such commodity, get the commodity re-sealed or re-packed, asthe case ma.y be; or

(b) a person who buys or sells such commodity, in whole sale or retail, acquire such package,.,or container on payment in cash to such wholesaler or retailer the market price of the commodity contained in such package or container. /

30. \/ Every false or unverified weight or measure seized under the provisions of Forfeiture. this Act shall be liable to be forfeited to Government.

CHAPTER VIII

PROVISIONS

fORM

WITH

SOLD

REGARD TO COMJViOnHIES IN OR DISTRIBUTED '\VITI-IIN THE

PACKAGED

STATE.

3 I. (I) The provisions of the Central Act with regard to commodities in packaged form shall, as far as 111:>ybe, apply to every commodity in packaged form which is distributed, packed, sold, kept, offered or exposed for sale in the State of Sikkim as if those provisions were applicable to trade or commerce within the State subject to the modification that any reference therein to the Central Government and the Central Act . shall be construed as references, respectively to the State Government and this Act.

(2) An Inspector milY, from time to time, inspect the \veight or measure, or count the number, of the commodity contained in any p2<.ckagcwhich is-

(i) kept at any place where the commodity is packed; or

(ii) kept, offered or exposed for sale; or

(iii) sold, delivered, held in possession or is in the process of delivery; within the State of Sikkim with a view to determning whether the package contains the quantity or number of the commodity as specified on it or on the label thereon.

(3) Where the Inspector finds, after weighing, me2,sul'ing or counting, that any package does not contain the quantity or number of the commodity, as specified on it or on the label thereon,or docs not ,conform to the provisions of the Central Act or any rule or order made thereunder, he m,"y seize such package and may also, by order, prohibitthe sale of each package which is similar to the seized package and may so mark or seal each such package as to indicate clearly that the sale or delivery of such package has been prohibited.and no such package shall be sold or kept, offered or exposed for sale or delivery or otherwise disposed of.unlcss-s-

'(i) the contents of such package have been bro,ught into 'conformity with the provisions of the Central Act or any rule or order made thereunder, by the manufac- turer, packer or distributer thereof; or

I

Provisions

the State.

Sale of commo- dities by num- ber.

Sale of Commo- dities by heaps. Penalty for ma- nufacturing, etc., of no n-standerd weights or mea- sures.

Penalty for

counterfeiting of seals, etc.

10

(ii) the disposal thereof has been authorised by the Contro Her.

(4) No person shall keep in any place, where ~J1y transaction is made, any commodity in packaged form 'which is nut for sale, and if any commodity in packaged form is kept in such place in contravention the provisions of this sub-section, such commodity shall be presumed to have been kept in such place ['01' sale.

CHAPTER IX

PROVISIONS WITH REGARD TO THE SALE OF COMMODITIES IN ANY

OTHER FOHM

32. (I) Where the sale of any commodity is made by number and, the number of the commodity delivered to the purchaser in pursuance of such sale is lesser than the number paid for, the seller shall he deemed to have used a f~dse measure.

(2) Where, in relation to any commodity sold by number, there is a custom or usage of delivering a fixed number or such commodities in addition to the number of cornmoditioes paid for, such custom or usitge shall, on and from the com- mencement of this Act, cease, and if the seller delivers to the purchaser the additional number of commodities in accordance with such custom or or usage, he shall be deemed to have used a false measure and the purchaser shall be deemed to have abetted the use of such false measure.

33. (I) Where any commodity is sold by heaps the approximate weight, measure or the number of commodity contained ill each heap shall be conspi- cuously announced by the seller 01' his agent, if" ::!.l1)',either by word of mouth or by a written notice placed on each heap:

Provided that no such announcement shall be necess:lry ir the case of a heap the market price of the contents of which docs not exceed one rupee.

(2) Where, on weighment, measurement or counting of an)' commodity sold by heap, it is found that the weight, measure or number .deterrnined by such wei- ghment, measurement or counting is Jess than the approxim:lte weight, measure or num- ber announced by the seller or his itgent and the defi.ciency is more than five per cent of such announced weight, measure or number, the seller shall be deemed to have used a false weight or measure.

/

CHAPTER X

OFFENCES AND PENALTIES

34. Whoever-

(a) makes or manufactures, or causes to be mack or manufactured (except were he is permitted under the Central Act so to do), an)' weight or measure in accordance with any standards other than the standards established by or under the Central 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 Central Act, shall be punished with imprisonment for a term which ma), extend to one year, and, for the second or subsequent offence, with impri- sonment for a term which may extend to five vears and also with fine ,, J J

,I

35· Whoever - (i ) counterfeits any seal specified by or under this Act or the Central Act; or

(ii) sells or otherwise disposes of any counterfeit seal; or

(iii) possesses any counterfeit seal; or

(iv) counterfeits any stamp whether made under this Act or the Central Act or any rule made under either of those Acts; or

(v) removes any stamp made, whether under this Act or the Central Act or any rule made under either of those Acts, or tampers with any stamp so made; or

(vi) removes any stamp made, whe ther under this /":l or the Central Act or any rule made under either of those Acts, and affixes the stamp so removed on, or inserts the same into, ant other weifht or measures; or

10

11

P

I

(vii) wilfully increases or diminishes or alters in any way any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby, shall be punished with imprisonment for a term which may extend two years and, for the second or subsequent offence with imprisonment for a term which may extend to five years and also with fine.

(2) Whoever obtains, by unlawful means, possession of any seal speci- fied by or under this Act or the Central Act and uses, or causes to be used, any such seal for making any stamp on any weight or measure with a view to representing that the stamp made by such seal is authorised by or under this Act or the Central Act shall be punished with imprisonment for a term may extend to two years, and, for the second or subse- quent offence, with imprisonment for a term which may extend to five years and also with fine.

(3) Whoever, being in lawful possession of a seal specified by or under this Act or the Central Act uses, or causes to be used, such seal without any lawful authority for such use, shall be punished with imprisonment for a term which may ex- tend 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.

(4) Whoever sells, offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe bears thereon a counter- feit stamp, shall be punished with imprisonment for a term which may extend to two years, and for the second or subsequent offence, imprisonment for a term which may extend to five years and also with fine.

36. (1) Except where he is permitted under the Central Actsotodo, who- ever sells, or causes to be sold, delivers, or causes to be delivercd.zmv.commodirv, article or thing by any weight measure or number other than the standard weight, measure or number, 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 f(", 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, measure or number, 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. .

37. (1) Whoever keeps any weight or mesasure other than the standard wei- ght 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 t less than the quantity or number contracted for or paid for; or

(ii) in rendering any service by weight, measure, or number renders that service less than the service contracted for or paid for; or

(iii) in buying any article or thing by weight, measure or number, recei- ves, or causes to be received, from. the vender any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or

(iv) in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for or paid for, shall 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.

(3) Whoever enters, after the commencement of this Act, into any con- tract or other agreement (not being a contract or other agreement for export ) in which any weight, measure or number is expressed in terms of any standard other than the standard weight, measure or number established by or under the Central Act, 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.

Penlty for sale or

delivery of com-

modities etc.

by non-stan ...

dard weight

or measure.

Penalty for keep ...

ing non-stan-

dard weights or

measures for use

and for other

contraventions.

Penalty for con- travention of Section 10.

Penalty for

contravention of section I I. Penalty for

contravention. of section [6. Penalty for con- travention of section 17.

12

38. "Whoever, in relation to any specified class of goods, undertakings or users of weights or measures, uses in any transaction or for industrial production or for pro"

tection, an)' 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.

39. Except where is permitted under the Central Act so to do, whoever in re- lation to

(a)

to the price or

(b)

quotes any price or charge, or makes any announcement with regard charge; or

issues or exhibits any price list, invoice, cash memo, or other do cu- ment ; or

(c) prepares or publishes any advertisment , poster or other document; or

(d) indicates the weight, measure or number of the net contents of any package on any label, carton or other thing; or

(e) expresses in relation to any transaction, industrial production or pro- tection, any quantity or dimension, otherwise than in accordance with the standard units of weight, measure or numeration, 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. tiro. Whoever, being required to obtain a licence under this Act, makes, manu- factures, repairs or sells any ·weight or measure, without being in possession of a valid

. licence, shall be punished 'with imprisonment for a term which may extend to one year 01" 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.

4 I. A licensee who after the suspension or cancellation of the licence issued, renewed or continued under Act, or-nits or fails to stop function as a licensee under this Act, shall be punished with imprisonment for a term which may extend to one year. Penalty for COI1- 42. Except where he is permitted under the Central Act so to do, whoever travent on of m:-,kes or manufactures any weight or measure which,- section 18.

Penalty for con-

travention of

section 19.

Penalty for

contravention

of section 20.

Penalty for

contravention

of section 2 I.

(a) though ostensibly purports to conform to the standards established by or under that Act does not actually conform 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 said standards ,shall be punished with imprisonment for .<1 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 subsequest offence, with imprisonment for a term wihch may extend to three years and also with fine.

43. Whoever sells, uses or keeps for use any weight or measure which, being required to be verified and stamped under 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, wi.th imprisonment for

,t

13

Penalty for giving false information or maintaining false records or registers.

• 15

16

(I)

Act where not to apply to the Armed Forces of the Union. Repeal and