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MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 6th August 1965 8.0. 2502. ~In exercise of the powers conferred b Haveli ysection and N

notifications · 1961 · State unknown

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Parent: Dadra and Nagar Haveli Act, 1961 (d983a2ca30f66e1cfc09faf4b4a1900b4dd4043e)

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65 MINISTRY OF HOME AFFAIRS NOTIFICATION New Delhi, the 6th August 1965 8.0. 2502. ~In exercise of the powers conferred b Haveli ysection and Nagar Act, 1961 10 of the Dadrt (35 of 1961) , to the Union the Central Government territory of Dadra hereby extenda and Nagar Haveli, Measures ( Enforcement) Act, 1958 nGoMz FavelxLheo8o9533, Weights and State of Maharashtra of at 1958) _ in the date of force In this the modifications, Notification, namely: subject to the following MODIFICATIONS Throughout the Act, for the words "State Government" trator" shall be the substituted, word "Adminis and there shall also which be made, the words "State in any sentence in Government" occur; such the rules of consequential amendments grammar may require_ as 2 In sub-section (2) of section 1 for the Words "State words of "Union territory Maharashtra" of Dadra and the Nagar Haveli" shall besubstituted_ 3 In section 2 = (a) clause (a) shall be renumbered as clause (aa) thereof and (aa) 25 before clause So renumbered, the following clause shall namely:_ be inserted, (a) Administrator" means the Administrator of the Union territory ot Dadra and Nagar Haveli; (b) clause (j) shall be renumbered as clause (jj) thereot and betore clause (jj) as so renumbered, the following clause shall be inserted, namelys "(j) "Union territory" means the Union territory of Dadra Haveli; and Nagar In sub-section (1) of section 15, for the territory ' vord "State" shall the be substituted, words "Union 5. In section 16, sub-section (3) shall be omitted 0 In sub-section (2) of section 39, the words shall 1 Prujldency Magistrate be omitted 03" 7 Section 44 shall be omitted. 8. Section 45shall be omitted. 9. In sectlon 46- (a) in_clause (xiii) ot sub-section (2) , the words "and of the &rlicer of the Zilla Parishad a

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9 · Marking of denominations on commercial weights and mezsures _Every weight Or measure manufactured for use as commercial weight or measure shal bear the denomination of the weight Or measure which it purports to be marked legibly on it, in such manner as may be prescribed. 10. Prohibition of sale of unstamped commcrcial weights acd measucs_No commercial weight or measure or weighing Or measuring instrument shall be sold Or delivered, unless it has been verified or reverified in accordance with tne rules made under this Act; and stamped in the prescribed manner -by an Inspector with stamp of verification. 11. Prohibition of use of unstamped commercial weights or measurcs: weight Or measure or weighing or measuring Instrument shall be used in any transactions in trade or commnerce; unless il has been verified Or Teverified: in accordance with the rules made under this Act, and stamped in the prescribed manner by an Inspector, with stamp of verification. 12 . Power of Slate Government to exCmpt Where the size of commercial weights or measures renders il impracticable t0 have any denomination marked on it under the provisions of section 9 Or to be stamped under the provisions of section 10 Or section 11, the Administrator may by notification in the Official Gazette, exempt such weight 'or measure from being SO marked or stamped 13_ Prohibition of manafacture, etc of weights and mcasures without licence. No person shall, in the course of trade; manufacture; repair Or sell any commer- cial . weight or measure Or any weighing Or measuring instrument, unless he has obtained in the prescribed manner a licence in this behalf, which may be granted by the Administrator or any oflicer authorised by bim in this behalt, subject to guch condilions as may be prescribed. 14. Marking o Weight or measure in scaled containcrs _No person shall sell; offer for sale, expose for sale; or have in his possession for sale; anv article contained in a sealed package O1" container unless such package or container bears thereon, Or on Iabel securely attached therelo, description of the net weigh: Or measure of the articlc contained therein: "Pa ~ided thal; the provisions 0f this section shall nof apply to _ (a) * sealed package Or contalner _ (i) o( 'et weight 0f Iess than nne hundred and twenty grammes; Ii th? Sc. led packagc Or container containg biscuits, confectionary Or Swc 46; and (ii) of net Te Vt 0" Iess than sitty Ernmmes; K the gealed packago 05 contalide) 'onlains ay other Lood-stufi;
15 · (1) Anpointment o[ Controller; Deputy and Inspectors- Controllers; Assistant The Administrator Controllers Measures for may appoint the Union territory Controller and of Weights and as manv rollers and InspectoronoteWetohts and SensesDegutzyCbetnecessarAssoraatecer- ing the powers and as may discharging the duties be necessary, for exercis under this Act. conferted Their qualifications or imposed on them by Or shall be such as may be prescribed. with? The Administrator may by general each Tnspector OI,special order; define the local limits contherredhich shall exercise the O1 imposed nowers on and discharge Inspectors by Of the dutier under this Act: 43) Subject to the provisions of this Act of all 'Deputy ahd Assistant Controllers cenereigstperiatencesures and Inspectors shall pertorm their tunctions under the Conerollerperiatchdencsistaatcontrol %etthe Coptroller; andethe Contooiler and the Deputy tion t0 the Assistant Controllers of Weights and Measures roay; powers and duties conferred in addj- exercise 0r imnosed on them any power Or by or under this Act discharge any duty so conferred OT imposed on Inspectors thelBurvoseficttica and . stamping bv Inspectors _ (1) Every purpose of verification Inspeetor shall. of weights for instruments; and measures and attend at weighing and measuring such place appointed and time; in this behalf by the Controller: within his jurisdiction 25 may be Ing '?Strumenpectoickhall Yerify everyFeight % measure, Or weighing or measur - Gnatrunent; which is he brought to him for the purpose weight or of verification measure and f and in OT weighing Or measuring instrument corTect ond95669nf23"he rules theadean ards % Wcights ,%d Mfesures Acst733ert TRX: of Vesihcation the rules made thereunder. in he shall stamp the same with the prescribed stamp manner
17 · Power to inspect etc (1) An Inspector mav within jurisdiction,. inspect the at al1 area under his reasonable times tbe and measuring instruments Which weights; measures and weighing are used or are in the in transactions for trade possession of any Or commerce person OT mav are on verify anv premises for such every such weight use and Or with measure or weighing secondary or measuring Or working instrument standard Or weighing prescribed for the or measuring instrument purpose: (2) Tor the purpose of verifying the in correctness of any any transaction, weight an Or measure used Inspector may also article sold verify the Or delivered in"the course o Sheeransaltiorreight or measure of anj (3) An Inspector may at all reasonable times require ployee Or agent of any trader trader; Or to anv produce em- before him for inspection meazures and weighing and measuring instruments all weightl In his which possession Or are used by him are kept or are on any premises used and records for trade; and relating all documents eqeisitiiog, thereto, and such with such trader, employee or agent shall comply (4) An Inspector may seize and detain anv weight measuring instrument regarding which Or measure OT weighing or been an offence committed, under this Act OT which appears to appears to have have thecommission been, Or which OT such might be; an offence, used in sold and mav also Or delivered seize and detain Or caused to be sold any articlcs Or delivered measure oT geighing by means 0f such Or measuring weight instrument, 0r' records relating together with thereto. any documents Or (5) Where an Inspector has reason to believe tainer does that 3 sealed nat actually package contain the nei Or con - weight or measure of the article whict
32 · . Fenalty ter delivering or recelving a1y quautity of article iesg thad; G1 cxcess Uf, the quanlily, iixed by the weight or measure in contract _ Whoever (i) in selling any article by weight Or measure delivers 0r causes to bo delivered to the purchaser any quantity of that article less-than, Or (1i) in buying any article by weight or measure demands Or receives or causes to be demanded Or received from the vefaor any quantity of that article in excesz 0f, the quantity fixed by weight Or measure by which the contract Or dealing in re3- pect ef that arlicle has been made, shall be punished with fne which may extend t0 five hundred repees: 33 . Penalty fer forging, etc of weights, mcasurcs, etc _(1) Whoever forges or counterfeits any stamp used under this Act for the stamping cf any standard weight oT measiire Or weighing 01 measuring or possesses any such Iysttundrd cuunterfeit stamp, OT removes stamp from any weight OT measure Or teighing Or measuring instrument and inserts the same into another weight Or measure Or weighing OT measuring instrument_ Or wilfully increases or diminishes weight or measure so stamped shall be with imprisonment beitkuEiezea for period which may extend to one year; 0r Ene; or with both (2) Whoever knowingly uses, sells, disposes of; exposes for sale; any weight Or measure O1 weighing Or measuring ingtrument with such torged 0r conterfeit stamp thereon Or weight Or measure So increased Or diminished shall be with imprisonment fOr a period which may extend to six months, Or with Buqjsoed 01" with both: 34. Penalty for neglect o refusal to produce weight o mcasure, etc. for inspec - tion_Whoever (a) refuses Or neglects to produce for inspection under section 17, any weight or measure Or or measuring instrument; Or any veighinKereto, document Or record relatinig in his possession or on his premises; Or (b) refuses to permit an Inspector to inspect and verily any such weight, measure; instrument; document or record; Or (c) obstructs the entry of an Inspector under section 17; Or (d) otherwise obstructs O1" hinders an Inspector in the performance 0f hie dulies under this Act; Bhall be punished with fine which may extend to five hundred rupees: 35. Penally for breach O duty by Inspector:_If an Inspector knowingly ' stamps Or measure Or weighing Or measuring instrument, in contravention of weight the provisions of this Act Or of the rules made thereunder, or is guiltyof a breach of any duty imposed on him by this Act or the rules made thereunder; he shall be . punished with imprisonment for 4 period which may extend to one year;, Or with fine, Oc with-both: 36. Forfciture: S Any weight Or measure or weighing Or measuring instrument which is not authorised by this Act, shall be forfeited to the Adrinistrator:
37 · Controller, etc: to be public servants _The Controller, Deputy Controllers; Assistant Controllers and Inspectors appointed under this Act shall be deemed be public servants within the meaning of section 21 of the Indian Penal Code: t0 (XLV of 1860) _ Protection of action taken in good faith_~No suit, prosecution Or other 38. Jegai" proceeding shall lie against the Controller Or any Deputy or Assistant Con- of Weights and Measures Or any Inspector_ Or any other person, in respect troller of,anything which is in good faith done or intended to be done in pursuance of this Act O1' the rules made thereunder: Componuding c1 oflences (1) Any ofience punisbable under section 23 , 38A. 25 26, 27, 28, 32 or 34 other Lhan a second or subsequent offence under sec- 24 tion 23 or section %5 may cither before pr after the institution of the prosecution; compounded by.the Administralor or by any other authority authorised in this be behadf Ev theeA dministrator On paymcnt of such SUm a5 the Administrator O such authority, as the case may be, thinks fit