Bare ActsThe STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985

Section 81

Id

Amendment status not verified — confirm the current text below against the official source.

Id., sec. 53. THE STANDARDS OF WEIGHTS AND MEASURES ACT, 1985 153 with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.S2 However, this does not apply to the sale, as scrap, or any rejected weight or measure.8-1 The personation of officials is also punishable. Each such offence is punishable with imprisonment for a term which may extend to three 84 years. 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 prescribed standards, he can be punished for every such offence with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.85 Wilful disclosure by an inspector of information obtained by him during inspection of any premises with regard to any trade secret manufacturing process, can 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.86 Conduct of any search or seizure by an inspector without any reasonable ground is punishable with imprisonment for a term which may- extend to one year or with fine which may extend to two thousand rupees, or with both.87 Contraventions for which no punishments have been separately provided, are punishable with fine which may extend to two thousand rupees.88 As regards the offences under the Act, the presumptions are against the accused. Thus, where a person manufactures a false weight or measure or uses any false or unverified weight or measure in any transaction or sells, distributes or delivers such weight or measure, it would be presumed that he had the knowledge that the weight or measure was false.89 Likewise, having in possession or control a false or unverified weight or measure raises the presumption that such weight or measure was held by the person concerned with the intention of using the same in any transaction and the burden would be on him to prove that he had no such knowledge or intention.90 The Act makes certain provisions about the abatement of offences by employers. It provides that if an employer, knows or has reason to believe that any of his employees has, in the course of such employment, contravened any provision of this Act or any rule made thereunder he would

Section 81 – The STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985 | DailyLaw.ai