WEIGHTS AND MEASURES DEPARTMENT
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PENALTIES
Penal Provisions – The penal provisions for violation of Standards of Weights & Measures Act 1976 and other Act have been laid down in Standards of Weights & Measures (Enforcement) Act 1985. The penalty mainly relate with the violation of manufacturing of non-standard Weights & Measures, counterfeiting of seal, short weighment / measurement, use of non verified weights & measures, not making mandatory declarations on the packaged commodities.
The penalty ranges from Rs.500 to 5000/- and or imprisonment depending upon the nature and repetition of offence committed. The offences which are not compoundable (Section 37 and IInd offence of 39) should be sent to court of law for trial.
|
Sl. No. |
Prosecution u/s |
Penalty u/s |
Prosecution & Penalty for violation of sections of Standards of Weights & Measures (Enforcement) Act, 1985 |
Amount Ist offence |
Fine/ imprisonment 2nd Offense |
|
1 |
10 |
40 |
Use on non-standard weights, measures or numbers |
Rs. 2000 |
One year imprisonment + Fine |
|
2 |
11 |
41 |
Quotation etc. otherwise then in term of standard weights & Measures |
Rs. 2000 |
One year imprisonment + Fine |
|
3 |
19 |
42 |
Manufacturing, dealing, repairing of weights or measures without a valid License |
Rs. 2000 or one year imprisonment |
Three years imprisonment + Rs. 5000 fine |
|
4 |
20 |
43 |
Working with suspended, cancelled License issuing in W&M |
One year imprisonment |
|
|
5 |
21 |
44 |
Manufacturing of such weights or measures which did not confirm to the std. & units of W&M as specified under the Act, Rule |
1 year imprisonment + Rs. 2000 |
Three years imprisonment + Rs. 5000 fine |
|
6 |
22 |
45 |
Sale or use of unstamped weights or measures |
6 months or Rs. 1000 |
One year imprisonment + Fine |
|
7 |
23 |
46 |
Non-maintaining of records and register by through dealing in weights or measures |
Rs. 1000 |
One year imprisonment + Fine |
|
8 |
24 |
47 |
Failing or omitting to get weights or measures re-verified |
Rs. 500 |
One year imprisonment + Fine |
|
9 |
28 |
48 |
Non-production of weights or measures or related records for inspection |
Rs. 1000 |
One year imprisonment + Fine |
|
10 |
29 |
49 |
Obstructing the entry of inspection or authorizing person into any premises for discharge of his duty |
Two years imprisonment |
One year imprisonment + Fine |
|
11 |
30 & 31 |
50 |
Obstructing CWM or his authorized representation from making search & seizer in W&M |
Two years imprisonment |
Five year imprisonment. |
|
12 |
33 |
51 |
i) violation of Packaged Commodities Rule ii) short weighment etc. In Packaged Commodities |
Rs. 5000 Rs. 3000 or 2 years imprisonment. |
Five years imprisonment + Fine |
|
13 |
35 |
52 |
Non-declaration of approximate weights, measures or numbers, correct up to 5% of commodities sold by heap |
Rs. 1000 |
6 months imprisonment + Rs.1000 |
|
14 |
36 |
|
Manufacturing etc. of non-standard weights or measures |
3 months to 1 year imprisonment |
6 months to 3 years imprisonment |
|
15 |
37 |
|
i) counterfeiting and mishandling of seal/stamp of weight or measures
iv) dealing in weights or measures with counterfeit seal/stamp |
6 months to 1 year imprisonment 6 months to 1 year imprisonment 6 months to 1 year |
1-5 years imprisonment
-do- |
|
16 |
38 |
|
i) sale of delivery of commodities etc. by non-standard weights or measures ii) Rendering any service in weights or measures other than stand. weights or measures. |
Rs. 500 to Rs. 2000 |
3 months to 1 year imprisonment 1-5 years imprisonment |
|
17 |
39 |
|
i) Keeping non-standard weights or measures for use and other contravention ii) short weighment etc. |
Rs. 2000
Rs. 5000 |
1-5 year imprisonment + fine 1-5 year imprisonment + fine |
|
18 |
53 |
|
Tempering with License issuing in W&M |
Rs.2000 or 1 year imprisonment |
|
|
19 |
54 |
|
Dealing in rejected weights or Measures |
Rs.2000 or 1 year imprisonment |
|
|
20 |
55 |
Personating as Department's official |
3 years imprisonment |
||
|
21 |
56 |
|
i) giving false information or maintaining false records or register
|
Rs. 1000 or 6 months imprisonment Rs. 2000 |
1 year imprisonment + Fine |
|
22 |
59 |
|
Penalty for contravention not provided for |
Rs. 2000 |
|
|
23 |
Rule 24 of Delhi Standards of Weights & Measures (Enforcement). Rule 1988 |
Not keeping Test Weights to the extent of 1/10 of full capacity with weighing instrument. |
|
|
|
|
24 |
39 (3) |
Whoever enters into any contract or agreement in non standard weight or measure or number | Rs. 2000 | 1 year + fine | |
|
25 |
40 |
Use on non-standard weights, measures or numbers | Rs. 2000 | One year + Fine | |
|
26 |
41 |
Quotes, issues, exhibits, mentions indicates expresses. otherwise than in term of standard Weights & Measures | Rs. 2000 | one year + Fine | |
|
27 |
42 |
Manufacturing, dealing, repairing of weights or measures without a valid License | Rs. 2000 or one year imprisonment | three year + Fine | |
|
28 |
43 |
Working with suspended, cancelled License issuing in W&M | One year imprisonment | ||
|
29 |
44 |
Manufacturing of such weights or measures which did not confirm to the std. & units of W&M as specified under the Act, Rule | 1 year imprisonment + Rs. 2000 | Three year + Fine | |
|
30 |
45 |
Sale or use of unstamped weights or measures (Except used for domestic purposes) | 6 months or Rs.1000 | One year + Fine | |
|
31 |
46 |
Non-maintaining of records and register by through dealing in weights or measures | Rs. 1000 | One year + Fine | |
|
32 |
47 |
Failing or omitting to get weights or measures re-verified | Rs. 500 | One year + Fine | |
|
33 |
48 |
Non-production of weights or measures or related records for inspection | Rs. 1000 | One year + Fine | |
|
34 |
49 |
Obstructing the entry of inspection or authorizing person into any premises for discharge of his duty | Two years imprisonment | Five year. | |
|
35 |
50 |
Obstructing CWM or his authorized representation from making search & seizer in W&M | Two years imprisonment | Five year + Fine | |
|
36 |
51(1) |
i) violation of Packaged Commodities Rule | Rs. 5000 | Five year + Fine | |
|
37 |
51(2) |
ii) short weighment etc. In Packaged Commodities |
Rs. 3000 + 2 year imprisonment |
Five year + Fine | |
|
38 |
52 |
Non-declaration of approximate weights, measures or numbers, correct up to 5% of commodities sold by heap | Rs. 1000 | 6 months + Rs.1000 | |
|
39 |
53 |
Tempering with License issuing in W&M | Rs. 2000 or 1 year imprisonment | ||
|
40 |
57 (1) |
If any Inspector willfully verifies or stamps any weight or measure in contravention of the provision of this Act | 1 year imprisonment + Rs. 2000 | 1 year + Rs. 2000 | |
|
41 |
57 (2) |
If willfully discloses any information obtained by him in any inspection etc. | 1 year imprisonment + Rs. 2000 | 1 year + Rs. 2000 | |
|
42 |
58 |
If any inspector makes inspection without any valid reasons | 1 year imprisonment + Rs. 2000 | 1 year + Rs. 2000 | |
Note: The 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 are compoundable offences. The offences can be compounded by the Controller or any officer authorized by him. In rest of the cases offences are not compoundable and complaint shall be decided by the Court of Metropolitan Magistrate.
PENALTY PROVISIONS UNDER THE STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) RULES, 1988
|
1 |
Rule 24 of Delhi Standards of Weights & Measures (Enforcement) Rule 1988 |
Violation of any rule for the contravention of which no punishment has been separately provided in the Act such as not keeping Test Weights to the extent of 1/10 of full capacity with weighing instrument etc. |
Rs. 2000 |
Rs. 2000 |