PUNJAB WEIGHTS & MEASURES (INTERNATIONAL SYSTEM) ENFORCEMENT (AMENDMENT) ACT, 2013

An Act further to amend the Punjab Weights and Measures (International System) Enforcement Act, 1975

[Gazette of Punjab, Extraordinary, 16th December, 2013]

ACT, XXIX OF 2013

No.PAP-Legis-2(14)/2013/973.–The Punjab Weights & Measures (International System) Enforcement (Amendment) Bill, 2013, having been passed by the Provincial Assembly of the Punjab on 12th December 2013, and assented to by the Governor of the Punjab on 14th December 2013, is hereby published as an Act of the Provincial Assembly of the Punjab.

Preamble.–Whereas it is expedient further to amend the Punjab Weights and Measures (International System) Enforcement Act, 1975 (LII of 1975) for purposes hereinafter appearing;

It is enacted as follows:–

  1. Short title and commencement.–(1) This Act may be cited as the Punjab Weights and Measures (International System) Enforcement (Amendment) Act, 2013.

(2)  It shall come into force at once.

  1. Amendments in Section 2 of Act, LII of 1975.–In the Punjab Weights and Measures (International System) Enforcement Act, 1975 (LII of 1975), hereinafter referred to as the said Act, in Section 2, in sub-section (1)–

(a)     after clause (a), the following clause (aa) shall be inserted:–

“(aa)  “calibration” means the set of operations which establishes under specified conditions, the relationship between values indicated by a measuring instrument or corresponding known values of measures;”

(b)     after clause (c), the following clause (ca) shall be inserted:–

“(ca)  ‘counterfeit” in relation to seal or stamp, means a seal or stamp made to resemble an authorized seal or stamp, which may deceive or likely to deceive any person;”

(c)     after clause (h), the following clause (ha) shall be inserted:–

“(ha)  “repairer” means a person who adjusts, cleans, lubricates, paints or calibrates any weighing instrument or measuring instrument, or renders any other service relating to a weighing instrument or measuring instrument in order to ensure that such weighing instrument or measuring instrument conforms to the standard established by or under the Act;”; and

(d)     after clause (i), the following clause (ia) shall be inserted:-

“(ia)   “seal” means a device or process by which a stamp is made and includes any wire or other accessory which is used for ensuring the integrity of any stamp;”.

  1. Amendment in Section 11 of Act, LII of 1975.–In the said Act, in Section 11, after the words “Every manufacturer”, the comma and word “, repairer” shall be inserted.
  2. Amendment in Section 17 of Act, LII of 1975.–In the said Act, in Section 17, in sub-section (1)–

(a)     for the words “manufacturing or selling”, the commas and the words “, calibration, manufacturing, repairing or selling” shall be substituted; and

(b)     the Explanation shall be omitted.

  1. Substitution of Section 19 in Act, LII of 1975.–In the said Act, for Section 19, the following shall be substituted:–

“19.  Penalty for forged stamp or measure.–(1) If a person forges or counterfeits a stamp used for stamping, or willfully increase or diminishes a weight, measure, weighing instrument or measuring instrument, he shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to twenty-five thousand rupees, or with both.

(2)     If a person fraudulently uses any weight, measure, weighing instrument or measuring instrument, which he knows to be false, he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to twenty-five thousand rupees, or with both.

(3)     If a person has in his possession a weight, measure, weighing instrument or measuring instrument, which he knows to be false, intending to use or fraudulently to be used, he shall be punished with imprisonment of either description for a term which may extend to two years, or with fine which may extend to twenty-five thousand rupees, or with both.

 

(4)     If a person sells any article by weight or measure and delivers or causes to be delivered to the purchaser less than what is purported to be sold and the deficiency exceeds the prescribed limit of error, he shall be punished with imprisonment which may extend to two years or with fine which may extend to twenty-five thousand rupees, or with both.

(5)     If any person, who has been convicted of an offence punishable under sub-sections (1), (2), (3) or (4), again commits any such offence, he shall, on second or subsequent conviction, be punished with imprisonment which may extend to three years and with fine which may extend to fifty thousand rupees but not less than twenty thousand rupees.”

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