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  "title": "PUNJAB WEIGHTS AND MEASURES (INTERNATIONAL SYSTEM) ENFORCEMENT ACT, 1975",
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  "text": "THE PUNJAB WEIGHTS AND MEASURES \r\n(INTERNATIONAL SYSTEM) ENFORCEMENT ACT, 1975 \r\n(LII of 1975) \r\nCONTENTS \r\n1. Short title, extent and commencement \r\n2. Definitions \r\n3. Secondary Standards \r\n4. Working Standards \r\n5. Standard weighing and measuring instruments \r\n6. Appointment of Controller, Inspectors, etc. \r\n7. Verification and stamping by Inspectors \r\n8. Power to inspect and verify weights and measures \r\n9. Power to inspect and verify the contents of sealed packages and \r\ncontainers \r\n10. Power to adjust weights and measures \r\n11. Manufacturer, etc. to maintain records and documents \r\n12. Penalty for neglect or refusal to produce weight or measure, etc, for \r\ninspection \r\n13. Penalty for breach of duty by an Inspector, etc. \r\n14. Prohibition of use of weights and measures other than standard weights \r\nand measures \r\n15. Prohibition of demanding or receiving quantity different from that \r\ndetermined in terms of standard weights, etc. \r\n16. Prohibition of sale, etc. of un -stamped commercial weights and \r\nmeasures \r\n17. Prohibition of the manufacture, etc. of weights and measures without \r\nlicence \r\n18. Marking of weight or measure on sealed containers \r\n19. Penalty for forging or using forged stamps or measures, etc. \r\n20. Penalty for using or selling forged weight, measure, etc. \r\n21. Offences by a body corporate or un-incorporate \r\n22. Validity of weights and measures duly stamped \r\n23. Stamped weight, etc. to be presumed to be correct \r\n24. Power to prescribe the amount of error to be tolerated \r\n25. Determination of differences by Appeal or Revision \r\n26. Indemnity \r\n27. Cognizance of offences \r\n28. Forfeiture of weights, measures, etc. \r\n29. Power to exempt \r\n30. Power to make rules \r\n31. Delegation of powers \r\n32. Repeal \r\nTEXT \r\n1\r\nTHE PUNJAB WEIGHTS AND MEASURES (INTERNATIONAL SYSTEM) \r\nENFORCEMENT ACT, 1975 \r\n(LII of 1975) \r\n[30th December, 1975] \r\nAn \r\nAct \r\nto provide for the enforcement of weights and measures (based on International \r\nSystem) and to regulate the use thereof and to provide for matters connected \r\ntherewith in the Province of the Punjab. \r\nPreamble.– WHEREAS it is expedient to provide for the enforcement of weights and \r\nmeasures (based on International System ) and to regulate the use thereof and to \r\nprovide for matters connected therewith in the Province of the Punjab; \r\nIt is hereby enacted as follows:– \r\n1. Short title, extent and commencement .– (1) This Act may be called the \r\nPunjab Weights and Measures (International System) Enforcement Act, 1975. \r\n(2) It extends to the whole of the Province of Punjab. \r\n(3) It shall come into force on such date as Governm ent may, by \r\nnotification in the official Gazette, appoint, and different dates may be appointed in \r\nrespect of different provisions of the Act, or for  the different areas or for different \r\nclasses of goods or classes of undertakings or trade. \r\n2. Definitions.– (1) In this Act unless the context otherwise requires:– \r\n(a) “Assistant Controller” means Assistant Controller appointed under this \r\nAct; \r\n2\r\n[(aa) “calibration” means the set of operations which establishes under \r\nspecified conditions, the relationship betwee n values indicated by a \r\nmeasuring instrument or corresponding known values of measures;] \r\n(b) “Commercial Weight or M easure” means a weight or measure \r\npurporting to be a standard weight or measure used or intended to be \r\nused in any transaction of trade or commerce; \r\n(c) “Controller” means the Controller appointed under this Act; \r\n3\r\n[(ca) “counterfeit” in relation to seal or stamp, means a seal or stamp made \r\nto resemble an authorized seal or stamp, which may deceive or likely \r\nto deceive any person;] \r\n                                                 \r\n1This Act was passed by the Punjab Assembly on 22nd December, 1975; assented to by the Governor of the Punjab on 28th \r\nDecember, 1975; and, published in the Punjab Gazette (Extraordinary), dated 30th December, 1975, pages 1425-1437. \r\n2Inserted by the Punjab Weights and Measures (International System) Enforcement (Amendment) Act 2013  (XXIX of 2013 ); \r\nand published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1825-1826, s.2. \r\n3Inserted by the Punjab Weights and Meas ures (International System) Enforcement (Amendment) Act 2013 (XXIX of 2013) ; \r\nand published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1825-1826, s.2. \r\n(d) “Deputy Controller” means the Deputy Controller appointed under this \r\nAct; \r\n(e) “Government” means the Government of the Punjab; \r\n(f) “Inspector” means an Inspector including Assistant Inspector appointed \r\nunder this Act; \r\n(g) “Measuring Instrument” includes any instru ment for measuring length, \r\narea, volume or capacity but does not include a weighing instrument; \r\n(h) “Prescribed” means prescribed by Rules; \r\n4\r\n[(ha) “repairer” means a person who adjusts, cleans, lubricates, paints or \r\ncalibrates any weighing instrument or measuring instrument, or renders \r\nany other service relating to a weighing instrument or measuring \r\ninstrument in order to ensure that such weighing instrument or \r\nmeasuring instrument conforms to the standard established by or \r\nunder the Act;] \r\n(i) “Rules” means rules made under this Act; \r\n5\r\n[(ia) “seal” means a device or process by which a stamp is made and \r\nincludes any wire or other accessory which is used for ensuring the \r\nintegrity of any stamp;] \r\n(j) “Secondary Standard” means the sets of weight s and measures \r\nprepared under Section 3 of this Act; \r\n(k) “Stamping” means marking in such manner as to be, so far as \r\npracticable, indelible and includes casting, engraving, etching or \r\nbranding; \r\n(l) “Trade” means any sale, bargain, transaction, dealing or contract and \r\nincludes collection of tolls and duties; \r\n(m) “Verification” means the verification or re -verification made under this \r\nAct or rules made thereunder; \r\n(n) “Weighing Instrument” means any instrument for measuring weight and \r\nincludes scales, with the weights belongi ng the reto, beam scales, \r\nbalances, spring balances, steel yards and other weighing machines ; \r\nand \r\n(o) “Working Standard” means the sets of weights and measures prepa red \r\nunder Section 4 of this Act. \r\n(2) Save as otherwise provided in this Act or where the cont ext otherwise \r\nrequires the words and expressions used but not defined in this Act shall bear the \r\nsame meanings a s they bear in the Weights and M easures (International System ) \r\nAct, 1967. \r\n3. Secondary S tandards.– (1) For the purpose of verifying the working \r\nStandards, such standard, weights and measures shall be prepared by such \r\n                                                 \r\n4Inserted by the Punjab Weights and Measures (International System) Enforcement (Amend ment) Act 2013 (XXIX of 2013) ; \r\nand published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1825-1826, s.2. \r\n5Inserted by the Punjab Weights and Measures (International System) Enforcement (Amendment) Act 2013 (XXIX of 2013) ; \r\nand published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1825-1826, s.2. \r\nauthority or person as may be approved by Government, and such weights and \r\nmeasures shall be made of such material, be of such weight, length, form and \r\nspecifications and made in such manner as may be prescribed and shall be stamped \r\nin such manner as Government may approve. \r\n(2) The standard weights and measures so prepared and stamped shall be \r\ncalled Secondary Standards. \r\n(3) The Secondary Standards shall be kept at such places and by s uch \r\nofficers as may be specified by Government. \r\n(4) The Secondary Standards shall be verified or re -verified with the \r\nReference Standards within the prescribed period and shall be adjusted or renewed, \r\nif necessary, and shall be marked with the date of veri fication in the prescribed \r\nmanner by such officer as Government may direct. \r\n(5) A Secondary Standard which is not so verified, adjusted or renewed \r\nand marked within the prescribed period shall not be deemed to be legal and shall \r\nnot be used for the purpose of this Act. \r\n4. Working S tandards.– (1) For the purpose of verifying commercial weights \r\nand measures in use, Government may provide such standard weights and \r\nmeasures, which conform to the R eference Standard, as it thinks fit to be W orking \r\nStandards, and they shall be verified with the Secondary Standards before being \r\nstamped. \r\n(2) A Working S tandard shall not be deemed legal or be used for the \r\npurposes of this Act, unless it has been verified or re -verified and marked in the \r\nprescribed manner, within such period as may be prescribed before the time at \r\nwhich it is used. \r\n(3) A Working Standard which has become defective shall not be legal or \r\nbe used for the purposes of this Act until it has been re -verified and marked in the \r\nprescribed manner. \r\n(4) The Working Standards shall be kept at such places, in such manner \r\nand by such persons as may be prescribed. \r\n5. Standard weighing and measuring instruments .– (1) For the purpose of \r\nverifying the weighing instruments and measuring instruments used in trade or \r\ncommerce, Government may cause to be prepared as many sets of standard \r\nweighing instruments and standard measuring instruments as it may consider \r\nexpedient and the correctness of such instruments shall be verified, and the date of \r\nsuch verification shall be marked, in such manner as may be prescribed. \r\n(2) The standard weighing instruments and standard measuring \r\ninstruments shall be kept at all places where the secondary standards or working \r\nstandards are kept. \r\n6. Appointment of Controller, Inspectors, etc .– (1) Government may appoint \r\na Controller o f Weights and Measures, Deputy C ontrollers, Assistant Controllers, \r\nInspectors and Assistant Inspectors of Weights and Measures as it may deem fit. \r\n(2) Subject to the provisions of this Act and the rules, all Deputy \r\nControllers, Assistant Controllers, Inspectors and Assistant Inspectors shall perform \r\ntheir functions under the general superintendence and control of the Controller. \r\n(3) The De puty Controllers and Assistant C ontrollers, may, in addition to \r\nthe powers and duties conferred or imposed on them by or unde r this Act exercise \r\nany power or discharge any duty so conferred or imposed on any Inspector. \r\n(4) Government may, by general or special order, define the local limits \r\nwithin which each Inspector shall exercise the pow ers and discharge the duties \r\nconferred or imposed on an Inspector by or under this Act. \r\n(5) Every Controller, Deputy controller, Assistant Controller, Inspector and \r\nAssistant Inspector shall be deemed to be a public servant within the meaning of \r\nSection 21 of the Pakistan Penal Code (Act No. XLV of 1860). \r\n7. Verification and stamping by Inspectors.– An Inspector shall, at such place \r\nwithin his jurisdiction and at such time as the Controller may direct, verify a weight, \r\nmeasure, weighing instrument or measur ing instrument brought to him for the \r\npurpose and shall, if he finds it correct and in conformity with this Act and the rules, \r\nstamp it with a stamp of verification in the prescribed manner. \r\n8. Power to inspect and verify weights and measures .– (1) An Insp ector \r\nmay, at all reasonable times, inspect and verify with a Secondary standard or a \r\nworking standard or, as the case may be, with a weighing instrument or a measuring \r\ninstrument prescribed for the purpose, any weight, measure, weighing instrument or \r\nmeasuring instrument which is used in any transaction of trade or commerce or is in \r\npossession of any person or is found on any premises for such use, and may, for the \r\npurpose of such inspection and verification enter into or upon any place or premises \r\nand require any trader or any employee or agent of a trader to produce before him \r\nany weight, measure, weighing instrument or measuring instrument or any document \r\nor record relating thereto. \r\n(2) For the purpose of verifying any weight, measure, weighing instrumen t \r\nor measuring instrument under sub -section (1), the Inspector may verify the weight \r\nor measure of any article sold or delivered in the course of any transaction of trade \r\nor commerce. \r\n(3) Where any weight, measure, weighing instrument or measuring \r\ninstrument inspected and verified under sub -section (1 ) is not found to be what it \r\npurports to be, the Inspector may seize or detain the same against a receipt. \r\n9. Power to inspect and verify the contents of sealed packages and \r\ncontainers.– (1) Where an Inspector has reason to believe that a sealed package or \r\ncontainer intended for sale does not contain the net weight or measure of the article \r\nwhich it purports to contain, the Inspector may, after recording his reasons for \r\nbelieving so, break open the package or co ntainer and verify the weight or measure \r\nof its contents and may, for the purpose of such verification, enter into or upon any \r\nplace or premises and require the trader concerned or any employee or agent of the \r\ntrader or produce before him the package or container which is to be so verified. \r\n(2) Where upon verification under sub -section (1 ) the net weight or \r\nmeasure of the contents is found to be the same as the package or container \r\npurports to contain, the Inspector shall reseal the package or container, wh ere it is \r\npossible to do so without injuring the contents, and attach thereto a certificate stating \r\nthe correct weight or measure of the contents. \r\n(3) Where the net weight or measure of the contents verified under sub -\r\nsection (1 ) is not found to be the sam e as the package or container purports to \r\ncontain, the Inspector may seize or detain the package or container and its contents. \r\n10. Power to adjust weights and measures .– The Controller may  if he \r\nconsiders it desirable that in any area a weight, measure, w eighing instrument or \r\nmeasuring instrument should be adjusted, require an Inspector to adjust in such \r\nmanner as he may direct, such weight, measure, weighing instrument or measuring \r\ninstrument and the Inspector shall adjust it accordingly. \r\n11. Manufacturer, etc. to maintain records and documents .– Every \r\nmanufacturer \r\n6\r\n[,repairer] or dealer in weights, measures, weighing instruments or \r\nmeasuring instruments , and every person using them in transaction of trade or \r\ncommerce shall maintain such records and accoun ts as may be prescribed, and, if \r\nrequired so to do by an Inspector shall produce such records and accounts before \r\nhim. \r\n12. Penalty for neglect or refusal to produce weight or measure, etc . for \r\ninspection.– Whoever,– \r\n(a) refuses or neglects to produce for i nspection under Section 8 any \r\nweight, measure, weighing instrument or measuring instrument or any \r\ndocument or record relating thereto in his possession or on his \r\npremises; or \r\n(b) refuses to permit an Inspector to inspect and verify such weight, \r\nmeasure, instrument, document or record; or \r\n(c) obstructs the entry of an Inspector into or upon any place or premises \r\nhe is authorised by Section 8 to enter; or \r\n(d) fails to maintain the records and accounts or to produce them before \r\nan Inspector as required under Section 11; or \r\n(e) otherwise obstructs or hinders an Inspector in the performance of his \r\nduties under this Act or the rules; \r\nshall be punishable with rigorous imprison ment for a term which may extend  \r\nto six months, or with fine which may extend to two thous and and five hundred \r\nrupees, or with both. \r\n13. Penalty for breach of duty by an Inspector, etc .– If an Inspector or any \r\nother officer or any person performing the functions of an Inspector knowingly \r\nstamps a weight, measure, weighing instrument or measurin g instrument in \r\ncontravention of the provisions of this Act or the rules, he shall be punishable with \r\nimprisonment for a term which may extend to one year or with fine which may extend \r\nto ten thousand rupees, or with both. \r\n14. Prohibition of use of weights and measures other than standard weights \r\nand measures .– (1) Notwithstanding anything contained in any other law or any \r\n                                                 \r\n6Inserted by the Punjab Weights and Measures (International System) Enforcement (Amendment) Act 2013 (XXIX of 2013) ; \r\nand published in the Punjab Gazette (Extraordinary), dated 16 .12.2013, pages 1825 -1826, s.3.  Previously deleted by the \r\nPunjab Weights and Measures (International System) (Amendment) Ordinance, 2002 (LIII of 2002) ; and published in the \r\nPunjab Gazette (Extraordinary), dated 23.9.2002, pages 2803-2804, s.2. \r\ncustom or usage or practice, no unit of measure, other than a standard weight or \r\nstandard measure, shall, after the expiry of six months , from the date on which this \r\nSection has come into force in any area or in relation to any goods or undertakings, \r\nbe used, except as permitted under sub-section (2) in such area or in relation to such \r\ngoods or undertakings in any transaction of trade or c ommerce or in any dealing or \r\ncontract. \r\n(2) Government may, by notification in the official Gazette, permit the \r\ncontinuance of the use in any area in which, or in relation to any class of goods or \r\nundertakings in respect of which, this section has come into  force, of such weight or \r\nmeasure which was in use immediately before the date of such coming into force, for \r\nsuch period not exceeding three years from that date, as may be specified in the \r\nnotification. \r\n(3) Whoever contravenes the provisions of sub -section (1 ) shall be \r\npunishable with rigorous imprisonment for a term which may extend to six months, or \r\nwith fine which may extend to two thousand and five hundred rupees, or with both. \r\n15. Prohibition of demanding or receiving quantity different from that \r\ndetermined in terms of standard weights , etc.– (1) Notwithstanding any custom, \r\nusage, practice or method of whatever nature to the contrary, no person shall \r\ndemand or receive, cause to be demanded or received, any quantity of goods or \r\ncommodity in excess of o r less than, the quantity fixed by the contract or dealing in \r\nrespect of such goods or commodity and determined in terms of a standard weight or \r\nstandard measure. \r\n(2) Whoever contravenes the provisions of sub -section (1 ) shall be \r\npunishable with fine which may extend to one thousand and five hundred rupees. \r\n16. Prohibition of sale, etc. of unstamped commercial weights and \r\nmeasures.– (1) No commercial weight or measure or weighing instrument or \r\nmeasuring instrument shall be sold, delivered, used or possessed  for use in any \r\ntransaction of trade or commerce unless it has been verified and stamped in the \r\nprescribed manner: \r\nProvided that where, in the case of any commercial weight or measure or any \r\nclass thereof, compliance with the requirement of this section is  not, in the opinion of \r\nGovernment, practicable, Government may by notification in the official Gazette, \r\nexempt such weight or measure or class from such requirement. \r\n(2) Where any commercial weight or measure or weighing instrument or \r\nmeasuring instrument– \r\n(a) is found in the possession of any trader or any employee or agent of \r\nany trader, such trader, employee or agent shall be presumed until the \r\ncontrary is proved to have had it in his possession for use in \r\ntransactions of trade or commerce; and \r\n(b) is used or possessed by any employee or agent of any trader on behalf \r\nof the trader, such trader shall, unless he proves that it was used or \r\npossessed by the employee or agent without his knowledge or \r\nconsent, be also deemed to have used it or to have had it i n his \r\npossession. \r\n(3) Whoever contravenes the provisions of sub -section (1 ) shall be \r\npunishable with rigorous imprisonment for a term which may extend to six months, or \r\nwith fine which may extend to five thousand rupees, or with both. \r\n17. Prohibition of th e manufacture, etc. of weights and measures \r\nwithout licence .– (1) No person shall carry on the business of \r\n7\r\n[,calibration, \r\nmanufacturing, repairing or selling]  any commercial weight or measure or any \r\nweighing instrument or measuring instrument except under , and in accordance with \r\nthe conditions of, a licence which shall be granted in such manner and by such \r\nauthority, as may be prescribed. \r\n8\r\n[* * * * * * * * * * * *   ] \r\n(2) Whoever contravenes the provisions of sub -section (1 ) shall be \r\npunishable with imprisonment for a term which may extend to one year, or with fine \r\nwhich may extend to ten thousand rupees, or with both. \r\n18. Marking of weight or measure on sealed containers .– (1) No person shall \r\nsell or offer, expose or have in his possession for sale, any ar ticle contained in a \r\nsealed package or container unless such package or container bears thereon, or on \r\na label securely affixed or fastened thereto, a description of the net weight or \r\nmeasure of the article contained therein: \r\nProvided that this section sha ll not apply to an article which is not ordinarily \r\nsold by weight or measure. \r\n(2) Any article contained in a sealed package or container which is found \r\nin the possession of any person on premises used for the sale of such articles shall, \r\nfor the purposes o f sub-section (1), be presumed, until the contrary is proved, to be \r\nin his possession for sale. \r\n(3) Whoever contravenes the provisions of sub -section (1 ) shall be \r\npunishable with rigorous imprisonment for a term which may extend to six months, or \r\nwith fine which may extend to five thousand rupees, or with both. \r\n9\r\n[19. Penalty for forged stamp or measure.– (1) If a person forges or counterfeits \r\na stamp used for stamping, or willfully increase or diminishes a weight, measure, \r\nweighing instrument or measuring i nstrument, he shall be punishable with \r\nimprisonment for a term which may extend to two years, or with fine which may \r\nextend to twenty-five thousand rupees, or with both. \r\n                                                 \r\n7Substituted for the words “manufacturing or selling” by the Punjab Weights and Measures (International System) Enforcement \r\n(Amendment) Act 2013 (XXIX of 2013) ; and published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1825 -\r\n1826, s.4 (a). \r\n8The Expl anation, which had been added by the Punjab Weights and Measures (International System) (Amendment) \r\nOrdinance, 2002 (LIII of 2002) ; and published in the Punjab Gazette (Extraordinary), dated 23.9.2002, pages 2803 -2804, s.3, \r\nwas omitted by the Punjab Weights and Measures (International System) Enforcement (Amendment) Act 2013 (XXIX of 2013);  \r\nand published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1825-1826, s.4(b).  \r\nThe omitted „Explanation‟ read as under:– \r\n“Explanation.– All licences for repair issued by the Controller or Deputy Controllers (Weights and Measures) shall be treated as \r\ncancelled. For maintaining healthy activities in the repair field of weights and measures, the Controller may issue necessary  \r\ninstructions as he deems necessary and in the public interest.” \r\n9Substituted by the Punjab Weights and Measures (International System) Enforcement (Amendment) Act 2013 (XXIX of 2013) ; \r\nand published in the Punjab Gazette (Extraordinary), dated 16.12.2013, pages 1825-1826, s.5. \r\n(2) If a person fraudulently uses any weight, measure, weighing instrument \r\nor measurin g instrument, which he knows to be false, he shall be punished with \r\nimprisonment of either description for a term which may extend to two years, or with \r\nfine which may extend to twenty-five thousand rupees, or with both. \r\n(3) If a person has in his possessi on a weight, measure, weighing \r\ninstrument or measuring instrument, which he knows to be false, intending to use or \r\nfraudulently to be used, he shall be punished with imprisonment of either description \r\nfor a term which may extend to two years, or with fine which may extend to twenty -\r\nfive thousand rupees, or with both. \r\n(4) If a person sells any article by weight or measure and delivers or \r\ncauses to be delivered to the purchaser less than what is purported to be sold and \r\nthe deficiency exceeds the prescribed l imit of error, he shall be punished with \r\nimprisonment which may extend to two years or with fine which may extend to \r\ntwenty-five thousand rupees, or with both. \r\n(5) If any person, who has been convicted of an offence punishable under \r\nsub-sections (1), (2), (3) or (4), again commits any such offence, he shall, on second \r\nor subsequent conviction, be punished with imprisonment which may extend to three \r\nyears and with fine which may extend to fifty thousand rupees but not less than \r\ntwenty thousand rupees.] \r\n20. Penalty for using or  selling forged weight, measure  etc.– Whoever \r\nknowingly uses, sells, disposes of or exposes for sale any weight or measure or \r\nweighing instrument or measuring instrument with a forged or counterfeit stamp \r\nthereon, or a weight or measure stamped under this Act which has been increased \r\nor diminished, shall be punishable with imprisonment for a term which may extend to \r\nsix months, or with fine which may extend to ten thousand rupees or with both. \r\n21. Offences by a body corporate or un -incorporate.– (1) If the person \r\ncommitting an offence under this Act is a body corporate or un -incorporate, every \r\nperson, who at the time of the offence was incharge of and was responsible to the \r\nbody for the conduct of the business of the body as well as the bo dy, shall be \r\ndeemed to be guilty of the offence: \r\nProvided that nothing contained in this sub -section shall render any such \r\nperson liable to punishment if he proves that the offence was committed without his \r\nknowledge and inspite of his diligence to prevent the commission of such an offence. \r\n(2) Notwithstanding anything contained in sub -section (1), where an \r\noffence under this Act has been committed by a body corporate or un -incorporate or \r\na firm or other association of individuals and it is proved that the offence has been \r\ncommitted with the consent or connivance of any director, manager, partner, \r\nsecretary or other officer of such body, firm or association, such director, manager, \r\npartner, secretary or officer shall also be deemed to be guilty of that offence. \r\n22. Validity of weights and measures duly stamped .– A weight, measure, \r\nweighing instrument or measuring instrument stamped in the prescribed manner \r\nshall be legal weight, measure, weighing instrument or measuring instrument in all \r\nareas in which this Act has come into force, unless it is found to be false or defective, \r\nand shall not be liable to be re-stamped by reason merely of the fact that it is used in \r\nany place other than that in which it was originally stamped. \r\n23. Stamped weight, etc. to be presu med to be correct .– A weight, measure, \r\nweighing instrument or measuring instrument duly stamped under the provisions of \r\nthis Act and the rules and produced by an Inspector having charge thereof or by any \r\nperson acting under the general or special authority  of a Controller shall, until the \r\ncontrary is proved, be presumed to be correct. \r\n24. Power to prescribe the amount of error to be tolerated .– Government may \r\nprescribe the amount of error to be tolerated in selling articles by weight or measure \r\ngenerally or as regards any trade or class of trades. \r\n25. Determination of differences by Appeal or R evision.– (1) If any difference \r\narises between an Inspector and any person interested as to the method of verifying, \r\nadjusting, or stamping any weight or measure or we ighing or measuring instrument, \r\nthe party interested or the Inspector of his own accord may within the pr escribe \r\nperiod prefer an appeal:– \r\n(a) if it is a decision of an Inspector or an Assistant Controller, to the \r\nDeputy Controller; \r\n(b) if it is a decision of a Deputy Controller, to the Controller; and \r\n(c) if it is a decision of a Controller, to Government. \r\n(2) Upon an appeal under sub -section (1 ) the appellate authority, shall, \r\nafter giving the person concerned a reasonable opportunity of being heard, deci de \r\nthe appeal and the decision of the appellate authority shall, subject to the provisions \r\nof sub-section (3), be final. \r\n(3) Any person aggrieved by a decision under sub -section (2) other than \r\nthat of Government, may apply within such period and to such pe rson or authority as \r\nmay be prescribed for the revision of such decision, and the decision on such \r\nrevision shall be final \r\n10\r\n[:] \r\n11\r\n[Provided that no order under subsection (3) shall be passed unless the \r\nperson to be affected thereby is given an opportunity of being heard.] \r\n26. Indemnity.– No suit, prosecution or other legal proceeding shall lie against \r\nany person in respect of anything which is in good faith done or intended to be done \r\nin pursuance of this Act or the rules. \r\n27. Cognizance of offences .– No cou rt shall take cognizance of an offence \r\npunishable under this Act except upon a complaint in writing made before a \r\nMagistrate of First Class by the Controller or Inspector or any other person \r\nauthorised in this behalf by Government. \r\n28. Forfeiture of weight s, measures, etc .– Any weight, measure, weighing \r\ninstrument or measuring instrument manufactured or used in contravention of the \r\nprovisions of this Act shall be forfeited to Government. \r\n                                                 \r\n10Substituted for the full stop by the Punjab Weights and Measures (Amendment ) Ordinance, 1984 (XXV of 1984); and \r\npublished in the Punjab Gazette (Extraordinary), dated 17.12.1984, s.2. \r\n11Added ibid. \r\n29  Power to exempt .– Government, by notification in the official Gaze tte and \r\nsubject to such conditions and restrictions as it may think fit to impose, exempt any \r\ninstitution, class of persons, any commodity or trade or any weighing or measuring \r\ninstrument, used or intended to be used for any purpose other than the trade \r\nspecified in the notification, from all or any of the provisions of this Act. \r\n30.  Power to make rules .– (1) Government may, by notification in the official \r\nGazette, make rules to carry out the purposes of this Act. \r\n(2) In particular and without prejudice to  the generality of the foregoing \r\npower, such rules may provide for all or any of the following the matters, namely:– \r\n(a) the preparation of the standards of measure; \r\n(b) the custody of the sets of secondary standards and working standards \r\nand the periodical verification and adjustment thereof; \r\n(c) the material of which and the designs and specifications according to \r\nwhich working standards may be made, the agency by which such \r\nstandards may be made, the person by whom or the authority by which \r\nand the manne r in which such standards may be stamped and \r\nauthenticated, the place at which and the custody and manner in which \r\nsuch standards may be kept; \r\n(d) the procedure for the verification and making of working standards, the \r\nperson by whom, the place at which an d the intervals at which they \r\nmay be marked; \r\n(e) the material of which and the designs and specification according to \r\nwhich secondary standards may be made, the place at which and the \r\ncustody, and manner in which such standards may be kept; \r\n(f) the procedure for verification and marking of secondary standards and \r\nthe manner in which they may be marked; \r\n(g) the number of weighing instruments and measuring instruments to be \r\nkept, the manner in which they may be verified and stamped and \r\nnecessary particulars regarding the same; \r\n(h) the manner in which commercial weights and measures may be \r\nmarked by the manufacturers; \r\n(i) the form and manner in which, and the conditions subject to which, \r\nlicences may be granted to persons for the manufacture, repair or sale \r\nof commercial weights and measures and weighing instruments and \r\nmeasuring instruments; \r\n(j) the powers, functions and duties of the Controller; \r\n(k) the qualifications, powers, functions and duties of Inspectors; \r\n(l) the verification and stamping of weights, me asures, weighing \r\ninstruments and measuring instruments; \r\n(m) the inspection of weights, measures, weighing instruments and \r\nmeasuring instruments used in transactions of trade or commerce; \r\n(n) the seizure, detention and disposal of weights and measures which  are \r\nnot authorised by this Act; \r\n(o) the books, accounts and records relating to weights, measures, \r\nweighing instruments and measuring instruments to be maintained and \r\nthe manner in which they may be maintained or produced; \r\n(p) the form and manner in which  appeals and applications for revision \r\nmay be made; \r\n(q) the fees for the grant of licences under section 17, and for verification, \r\nadjustment and stamping of weights, measures, weighing instruments \r\nand measuring instruments and for appeals and revisions; \r\n(r) the limits of error to be allowed on verification and to be tolerated on \r\ninspection either generally or as regards any trade; \r\n(s) the amount of error to be tolerated in weights and measures and \r\nweighing or measuring instruments used or intended to be us ed for \r\ntrade or commerce; \r\n(t) the amount of error to be tolerated in selling article by weight and \r\nmeasure generally or as regards any trade or class of trades; \r\n(u) the fee to be charged for the verification, re -verification, marking, \r\nadjustment and stampi ng of weights and measures and weighing or \r\nmeasuring instruments and the collection and levy of the same; and \r\n(v) any other matter necessary for giving effect to the purposes of this Act. \r\n(3) In making any rules under this  Section, Government may provide t hat \r\nthe breach of any rule shall be punishable with fine which may extend to one \r\nthousand rupees. \r\n31. Delegation of powers .– Government may, by notification in the official \r\nGazette, direct that any power exercisable by it under this Act or the rules made \r\nthereunder shall, in relation to such matters and subject to such conditions, as may \r\nbe specified in the direction, be exercisable also b y such officer or authority \r\nsubordinate to the Government as may be specified in the notification. \r\n32. Repeal.– On the c oming into force of this Act in any area or regarding \r\ndifferent classes of goods or classes of under -takings or establishments or \r\ncommodities etc. as may be notified by Government the provisions of West Pakistan \r\nWeights and Measures Ordinance, 1965 shall stand repealed to that extent.",
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