(Pb Act LII of 1975)
[30 December 1975]
An
Act to provide for the enforcement of weights and measures (based on
International System) and to regulate the use thereof and to provide for
matters connected therewith in the Province of the Punjab
Preamble.— WHEREAS it is expedient to provide for the
enforcement of weights and measures (based on International System) and to
regulate the use thereof and to provide for matters connected therewith in the
Province of the Punjab;
It
is hereby enacted as follows:-
1. Short title, extent and commencement.— (1) This Act may be called the Punjab
weights and Measures (International System) Enforcement Act, 1975.
(2) It extends to the whole of the Province
of the Punjab.
(3) It shall
come into force on such date as Government may, by notification in the official
Gazette, appoint, and different dates may be appointed in respect of different
provisions of this Act, or for different areas or for different classes of
goods or classes of undertakings or trades.
2. Definitions.— (1) In this Act, unless
the context otherwise requires:-
(a) “Assistant
Controller” means Assistant Controller appointed under this Act;
(b) “Commercial
weight or measure” means a weight or measure purporting to be a standard weight
or measure used or intended to be used in any transaction of trade or commerce;
(c) “Controller”
means the Controller appointed under this Act;
(d) “Deputy
Controller” means the Deputy Controller appointed under this Act;
(e) “Government”
means the Government of the Punjab;
(f) “Inspector”
means an Inspector including Assistant Inspector appointed under this Act;
(g) “measuring
instrument” includes any instrument for measuring length, area, volume or
capacity but does not include a weighing instrument;
(h) “prescribed”
means prescribed by rules;
(i) “rules”
means rules made under this Act;
(j) “Secondary
standard” means the sets of weight and measures prepared under Section 3 of
this Act;
(k) “Stamping”
means marking in such manner as to be, so far as practicable, indelible and
includes casting, engraving, etching or branding;
(l) “trade”
means any sale, bargain, transaction, dealing or contract and includes
collection of tolls and duties;
(m) “verification”
means the verification or reverification made under this Act or rules made
thereunder;
(n) “weighing
instrument” means any instrument for measuring weight and includes scales, with
the weights belonging thereto, beam scales, balances, spring balances, steel
yards and other weighing machines; and
(o) “working
standard” means the sets of weights and measures prepared under Section 4 of
this Act.
(2) Save as otherwise provided in this Act or
where the context otherwise requires the words and expressions used but not
defined in this Act shall bear the same meanings as they bear in the Weights
and measures (International System) Act, 1967.
3. Secondary
standards.— (1) For the purpose of verifying the working standards such standard
weights and measures shall be prepared by such authority or person as may be
approved by Government, and such weights and measures shall be made of such
material, be of such weight, length, form and specifications and made in such
manner as may be prescribed and shall be stamped in such manner as Government
may approve.
(2) The standard weights and measures so
prepared and stamped shall be called secondary standards.
(3) The secondary standards shall be kept at
such places and by such officers as may be specified by Government.
(4) The
secondary standards shall be verified or reverified with the reference
standards within the prescribed period and shall be adjusted or renewed, if
necessary, and shall be marked with the date of verification in the prescribed
manner by such officer as Government may direct.
(5) A secondary standard which is not so
verified, adjusted or renewed and marked within the prescribed period shall not
be deemed to be legal and shall not be used for the purpose of this Act.
4. Working standards.— (1) For the purpose of verifying commercial
weights and measures in use, Government may provide such standard weights and
measures, which conform to the reference standard, as it thinks fit to be
working standards, and they shall be verified with the secondary standards
before being stamped.
(2) A working standard shall not be deemed
legal or be used for the purposes of this Act, unless it has been verified or
reverified and marked in the prescribed manner, within such period as may be
prescribed before the time at which it is used.
(3) A working standard which has become
defective shall not be legal or be used for the purposes of this Act until it
has been reverified and marked in the prescribed manner.
(4) The working standards shall be kept at such
places, in such manner and by such persons as may be prescribed.
5. Standard weighing and measuring
instruments.— (1) For the
purpose of verifying the weighing instruments and measuring instruments used in
trade or commerce, Government may cause to be prepared as many sets of standard
weighing instruments and standard measuring instruments as it may consider
expedient and the correctness of such instruments shall be verified, and the
date of such verification shall be marked, in such manner as may be prescribed.
(2) The standard weighing instruments and
standard measuring instruments shall be kept at all places where the secondary
standards or working standards are kept.
6. Appointment
of Controller, Inspectors, etc.— (1) Government may appoint a Controller of
Weights and Measures, Deputy controllers, Assistant Controllers, Inspectors and
Assistant Inspectors of Weights and Measures as it may deem fit.
(2) Subject to the provisions of this Act and
the rules, all Deputy Controllers, Assistant Controllers, Inspectors and
Assistant Inspectors shall perform their functions under the general
superintendence and control of the Controller.
(3) The Deputy Controllers and Assistant
controllers, may, in addition to the powers and duties conferred or imposed on
them by or under this Act exercise any power or discharge any duty so conferred
or imposed on any Inspector.
(4) Government
may, by general or special order, define the local limits within which each
Inspector shall exercise the powers and discharge the duties conferred or
imposed on an Inspector by or under this Act.
(5) Every Controller, Deputy controller,
Assistant Controller, Inspector and Assistant Inspector shall be deemed to be a
public servant within the meaning of Section 21 of the Pakistan Penal Code (Act
No.XLV of 1860).
7. Verification and stamping by
Inspectors.— An Inspector
shall, at such place within his jurisdiction and at such time as the Controller
may direct, verify a weight, measure, weighing instrument or measuring
instrument brought to him for the purpose and shall, if he finds it correct and
in conformity with this Act and the rules, stamp it with a stamp of
verification in the prescribed manner.
8. Power to
inspect and verify weights and measures.— (1) An Inspector may, at all reasonable times,
inspect and verify with a secondary standard or a working standard or, as the
case may be, with a weighing instrument or a measuring instrument prescribed
for the purpose, any weight, measure, weighing instrument or measuring
instrument which is used in any transaction of trade or commerce or is in
possession of any person or is found on any premises for such use, and may, for
the purpose of such inspection and verification enter into or upon any place or
premises and require any trader or any employee or agent of a trader to produce
before him any weight, measure, weighing instrument or measuring instrument or
any document or record relating thereto.
(2) For the purpose of verifying any weight,
measure, weighing instrument or measuring instrument under sub-section (1), the
Inspector may verify the weight or measure of any article sold or delivered in
the course of any transaction of trade or commerce.
(3) Where any weight, measure, weighing
instrument or measuring instrument inspected and verified under sub-section (1)
is not found to be what it purports to be, the Inspector may seize or detain
the same against a receipt.
9. Power to
inspect and verify the contents of sealed packages and containers.— (1) Where an Inspector
has reason to believe that a sealed package or container intended for sale does
not contain the net weight or measure of the article which it purports to
contain, the Inspector may, after recording his reasons for believing so, break
open the package or container and verify the weight or measure of its contents
and may, for the purpose of such verification, enter into or upon any place or
premises and require the trader concerned or any employee or agent of the
trader or produce before him the package or container which is to be so
verified.
(2) Where
upon verification under sub-section (1) the net weight or measure of the
contents is found to be the same as the package or container purports to
contain, the Inspector shall reseal the package or container, where it is
possible to do so without injuring the contents, and attach thereto a
certificate stating the correct weight or measure of the contents.
(3) Where the net weight or measure of the
contents verified under sub-section (1) is not found to be the same as the
package or container purports to contain, the Inspector may seize or detain the
package or container and its contents.
10. Power to adjust weights and measures.— The Controller may, if he considers it
desirable that in any area a weight, measure, weighing instrument or measuring
instrument should be adjusted, require an Inspector to adjust in such manner as
he may direct, such weight, measure, weighing instrument or measuring
instrument and the Inspector shall adjust it accordingly.
11. Manufacturer, etc. to maintain records and
documents.— Every
manufacturer [2][2][* * *] or dealer in weights, measures,
weighing instruments or measuring instruments and every person using them in
transaction of trade or commerce shall maintain such records and accounts as
may be prescribed, and, if required so to do by an Inspector, shall produce
such records and accounts before him.
12. Penalty for neglect or refusal to produce
weight or measure, etc, for inspection.— Whoever,—
(a) refuses
or neglects to produce for inspection under Section 8 any weight, measure,
weighing instrument or measuring instrument or any document or record relating
thereto in his possession or on his premises; or
(b) refuses
to permit an Inspector to inspect and verify such weight, measure, instrument,
document or record; or
(c) obstructs
the entry of an Inspector into or upon any place or premises he is authorised
by Section 8 to enter; or
(d) fails
to maintain the records and accounts or to produce them before an Inspector as
required under Section 11; or
(e) otherwise
obstructs or hinders an Inspector in the performance of his duties under this
Act or the rules,
shall be punishable with rigorous
imprisonment for a term which may extent to six months, or with fine which may
extend to two thousand and five hundred rupees, or with both.
13. Penalty for breach of duty by an Inspector,
etc.— If an Inspector or any
other officer or any person performing the functions of an Inspector knowingly
stamps a weight, measure, weighing instrument or measuring instrument in
contravention of the provisions of this Act or the rules, he shall be
punishable with imprisonment for a term which may extend to one year or with
fine which may extend to ten thousand rupees, or with both.
14. Prohibition of use of weights and measures other
than standard weights and measures.— (1) Notwithstanding anything contained in any other law or any custom
or usage or practice, no unit of measure, other than a standard weight or
standard measure, shall, after the expiry of six months, from the date on which
this section has come into force in any area or in relation to any goods or
undertakings, be used, except as permitted under sub-section (2) in such area
or in relation to such goods or undertakings in any transaction of trade or
commerce or in any dealing or contract.
(2) Government
may, by notification in the official Gazette, permit the continuance of the use
in any area in which, or in relation to any class of goods or undertakings in
respect of which, this section has come into force, of such weight or measure
which was in use immediately before the date of such coming into force, for
such period not exceeding three years from that date, as may be specified in
the notification.
(3) Whoever contravenes the provisions of
sub-section (1) shall be punishable with rigorous imprisonment for a term which
may extend to six months, or with fine which may extend to two thousand and
five hundred rupees, or with both.
15. Prohibition of demanding or receiving
quantity different from that determined in terms of standard weights, etc.— (1) Notwithstanding any custom, usage,
practice or method of whatever nature to the contrary, no person shall demand
or receive, cause to be demanded or received, any quantity of goods or
commodity in excess of or less than, the quantity fixed by the contract or
dealing in respect of such goods or commodity and determined in terms of a
standard weight or standard measure.
(2) Whoever contravenes the provisions of
sub-section (1) shall be punishable with fine which may extend to one thousand
and five hundred rupees.
16. Prohibition of sale, etc. of unstamped
commercial weights and measures.— (1) No commercial weight or measure or weighing instrument or
measuring instrument shall be sold, delivered, used or possessed for use in any
transaction of trade or commerce unless it has been verified and stamped in the
prescribed manner:
Provided
that where, in the case of any commercial weight or measure or any class
thereof, compliance with the requirement of this section is not, in the opinion
of Government, practicable, Government may by notification in the official
Gazette, exempt such weight or measure or class from such requirement.
(2) Where any commercial weight or measure or
weighing instrument or measuring instrument—
(a) is found in the possession of any trader or any
employee or agent of any trader, such trader, employee or agent shall be
presumed until the contrary is proved to have had it in his possession for use
in transactions of trade or commerce; and
(b) is
used or possessed by any employee or agent of any trader on behalf of the
trader, such trader shall, unless he proves that it was used or possessed by
the employee or agent without his knowledge or consent, be also deemed to have
used it or to have had it in his possession.
(3) Whoever contravenes the provisions of
sub-section (1) shall be punishable with rigorous imprisonment for a term which
may extend to six months, or with fine which may extend to five thousand
rupees, or with both.
17. Prohibition of the manufacture, etc. of
weights and measures without licence.— (1) No person shall carry on the business of manufacturing [3][3][* * *] or selling any commercial weight or
measure or any weighing instrument or measuring instrument except under, and in
accordance with the conditions of, a licence which shall be granted in such
manner and by such authority, as may be prescribed.
[4][4][Explanation.– All licences for repair issued
by the Controller or Deputy Controllers (Weights and Measures) shall be treated
as cancelled. For maintaining healthy activities in the repair field of weights
and measures, the Controller may issue necessary instructions as he deems
necessary and in the public interest.]
(2) Whoever
contravenes the provisions of sub-section (1) shall be punishable with
imprisonment for a term which may extend to one year, or with fine which may
extend to ten thousand rupees, or with both.
18. Marking of
weight or measure on sealed containers.— (1) No person shall sell or offer, expose or have
in his possession for sale, any article contained in a sealed package or
container unless such package or container bears thereon, or on a label
securely affixed or fastened thereto, a description of the net weight or
measure of the article contained therein:
Provided
that this section shall not apply to an article which is not ordinarily sold by
weight or measure.
(2) Any article contained in a sealed package
or container which is found in the possession of any person on premises used
for the sale of such articles shall, for the purposes of sub-section (1), be
presumed, until the contrary is proved, to be in his possession for sale.
(3) Whoever contravenes the provisions of
sub-section (1) shall be punishable with rigorous imprisonment for a term which
may extend to six months, or with fine which may extend to five thousand
rupees, or with both.
19. Penalty for forging or using forged stamps
or measures, etc.— Whoever
forges or counterfeits any stamp used under this Act for the stamping of any
standard weight or standard measure, or weighing instrument or measuring
instrument, or willfully increases or diminishes a weight or standard measure,
or weighing instrument or measuring instrument, or wilfully increases or
diminishes a weight of measure or stamped shall be punishable with imprisonment
for a term which may extend to two years, or with fine which may extend to ten
thousand rupees, or with both.
20. Penalty for
using or selling forged weight, measure, etc.— Whoever knowingly uses,
sells, disposes of or exposes for sale any weight or measure or weighing
instrument or measuring instrument with a forged or counterfeit stamp thereon,
or a weight or measure stamped under this Act which has been increased or
diminished, shall be punishable with imprisonment for a term which may extend
to six months, or with fine which may extend to ten thousand rupees or with
both.
21. Offences by a
body corporate or unincorporate.— (1) If the person committing an offence under
this Act is a body corporate or unincorporate, every person, who at the time of
the offence was incharge of and was responsible to the body for the conduct of
the business of the body as well as the body, shall be deemed to be guilty of
the offence:
Provided
that nothing contained in this sub-section shall render any such person liable
to punishment if he proves that the offence was committed without his knowledge
and inspite of his diligence to prevent the commission of such an offence.
(2) Notwithstanding anything contained in
sub-section (1), where an offence under this Act has been committed by a body
corporate or unincorporate or a firm or other association of individuals and it
is proved that the offence has been committed with the consent or connivance of
any director, manager, partner, secretary or other officer of such body, firm
or association, such director, manager, partner, secretary or officer shall
also be deemed to be guilty of that offence.
22. Validity of weights and measures duly
stamped.— A weight, measure,
weighing instrument or measuring instrument stamped in the prescribed manner
shall be legal weight, measure, weighing instrument or measuring instrument in
all areas in which this Act has come into force, unless it is found to be false
or defective, and shall not be liable to be re-stamped by reason merely of the
fact that it is used in any place other than that in which it was originally
stamped.
23. Stamped weight, etc. to be presumed to be
correct.— A weight, measure,
weighing instrument or measuring instrument duly stamped under the provisions
of this Act and the rules and produced by an Inspector having charge thereof or
by any person acting under the general or special authority of a Controller
shall, until the contrary is proved, be presumed to be correct.
24. Power to prescribe the amount of error to be
tolerated.— Government may
prescribe the amount of error to be tolerated in selling articles by weight or
measure generally or as regards any trade or class of trades.
25. Determination
of differences by appeal or revision.— (1) If any difference arises between an Inspector
and any person interested as to the method of verifying, adjusting, or stamping
any weight or measure or weighing or measuring instrument, the party interested
or the Inspector of his own accord may within the prescribe period prefer an
appeal—
(a) if
it is a decision of an Inspector or an Assistant Controller, to the Deputy
Controller;
(b) if it is a decision of a Deputy Controller, to the Controller; and
(c) if
it is a decision of a Controller, to Government.
(2) Upon an appeal under sub-section (1) the
appellate authority, shall, after giving the person concerned a reasonable
opportunity of being heard, decide the appeal and the decision of the appellate
authority shall, subject to the provisions of sub-section (3), be final.
(3) Any person aggrieved by a decision under
sub-section (2) other than that of Government, may apply within such period and
to such person or authority as may be prescribed for the revision of such
decision, and the decision on such revision shall be final:
[5][5][Provided that no order under subsection (3) shall be
passed unless the person to be affected thereby is given an opportunity of
being heard.]
26. Indemnity.— No suit, prosecution or other legal
proceeding shall lie against any person in respect of anything which is in good
faith done or intended to be done in pursuance of this Act or the rules.
27. Cognizance of offences.— No court shall take cognizance of an offence
punishable under this Act except upon a complaint in writing made before a magistrate
of first class by the Controller or Inspector or any other person authorised in
this behalf by Government.
28. Forfeiture
of weights, measures, etc.— Any weight, measure, weighing instrument or measuring
instrument manufactured or used in contravention of the provisions of this Act
shall be forfeited to Government.
29. Power to exempt.— Government may, by notification in the
official Gazette and subject to such conditions and restrictions as it may
think fit to impose, exempt any institution, class of persons, any commodity or
trade or any weighing or measuring instrument, used or intended to be used for
any purpose other than the trade specified in the notification, from all or any
of the provisions of this Act.
30. Power to make rules.— (1) Government may, by notification in the
official Gazette, make rules to carry out the purposes of this Act.
(2) In particular and without prejudice to
the generality of the foregoing power, such rules may provide for all or any of
the following the matters, namely:-
(a) the
preparation of the standards of measure;
(b) the
custody of the sets of secondary standards and working standards and the
periodical verification and adjustment thereof;
(c) the
material of which and the designs and specifications according to which working
standards may be made, the agency by which such standards may be made, the
person by whom or the authority by which and the manner in which such standards
may be stamped and authenticated, the place at which and the custody and manner
in which such standards may be kept;
(d) the
procedure for the verification and making of working standards, the person by
whom, the place at which and the intervals at which they may be marked;
(e) the
material of which and the designs and specification according to which
secondary standards may be made, the place at which and the custody, and manner
in which such standards may be kept;
(f) the procedure for verification and marking of secondary standards
and the manner in which they may be marked;
(g) the
number of weighing instruments and measuring instruments to be kept, the manner
in which they may be verified and stamped and necessary particulars regarding
the same;
(h) the
manner in which commercial weights and measures may be marked by the manufacturers;
(i) the form and manner in which, and the conditions subject to which,
licences, may be granted to persons for the manufacture, repair or sale of
commercial weights and measures and weighing instruments and measuring
instruments;
(j) the powers, functions and duties of the Controller;
(k) the qualifications, powers, functions and
duties of Inspectors;
(l) the verification and stamping of weights, measures, weighing
instruments and measuring instruments;
(m) the
inspection of weights, measures, weighing instruments and measuring instruments
used in transactions of trade or commerce;
(n) the
seizure, detention and disposal of weights and measures which are not
authorised by this Act;
(o) the
books, accounts and records relating to weights, measures, weighing instruments
and measuring instruments to be maintained and the manner in which they may be
maintained or produced;
(p) the
form and manner in which appeals and applications for revision may be made;
(q) the fees for the grant of licences under
section 17, and for verification, adjustment and stamping of weights, measures,
weighing instruments and measuring instruments and for appeal and revisions;
(r) the limits of error to be allowed on
verification and to be tolerated on inspection either generally or as regards
any trade;
(s) the amount of error to be tolerated in weights and measures and
weighing or measuring instruments used or intended to be used for trade or
commerce;
(t) the amount of error to be tolerated in selling article by weight
and measure generally or as regards any trade or class of trades;
(u) the
fee to be charged for the verification, reverification, marking, adjustment and
stamping of weights and measures and weighing or measuring instruments and the
collection and levy of the same; and
(v) any
other matter necessary for giving effect to the purposes of this Act.
(3) In making any rules under this section,
Government may provide that the breach of any rule shall be punishable with
fine which may extend to one thousand rupees.
31. Delegation of powers.— Government may, by notification in the
official Gazette, direct that any power exercisable by it under this Act or the
rules made thereunder shall, in relation to such matters and subject to such
conditions, as may be specified in the direction, be exercisable also by such
officer or authority sub-ordinate to the Government as may be specified in the
notification.
32. Repeal.— On the coming into force of this Act in any area or regarding
different classes of goods or classes of undertakings or establishments or
commodities, etc. as may be notified by Government the provisions of West
Pakistan Weights and Measures Ordinance, 1965 shall stand repealed to that
extent.
[1][1]This Act was passed by the
Punjab Assembly on 22nd December, 1975; assented to by the Governor of the
Punjab on 28th December, 1975; and, published in the Punjab Gazette
(Extraordinary), dated 30th December, 1975, pages 1425-1437.
[2][2]The comma and word “,
repairer” deleted by the Punjab Weights and Measures (International System)
(Amendment) Ordinance, 2002 (LIII of 2002), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
[3][3]The comma and word “,
repairing” deleted by the Punjab Weights and Measures (International System)
(Amendment) Ordinance, 2002 (LIII of 2002), which will remain in force under
the Provisional Constitution (Amendment) Order 1999 (9 of 1999), Article 4,
notwithstanding the maximum limit of three months prescribed under Article 128
of the Constitution of the Islamic Republic of Pakistan.
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