A good news to all the consumers of Jammu Division especially Gold jewellery buyers as the Department of Legal Metrology has procured a gold testing machine (Caratmeter). ReadMore.. A Toll free Helpline No for registering consumer complaints inaugurated at Metrology Department (LMD) at Transport Nagar, Narwal, Jammu.ReadMore.. Minister for Food, Civil Supplies and Consumer Affairs (FCS&CA) Jenab Choudhary Zulfkar Ali laid the foundation stone of Controller Office cum Secondary Standard Laboratory Complex of Legal Metrology Department (LMD) at Transport Nagar, Narwal under central sponsored scheme. The foundation stone of Working Standard Laboratory Complex of Legal Metrology Department (LMD) at Akhnoor was laid down by Minister for Food, Civil Supplies and Consumer Affairs (FCS&CA) Jenab Choudhary Zulfkar Ali.ReadMore..
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Penalties under Weights and Measures Laws

The penal provisions are related to violations of The Jammu and Kashmir Standards of Weights & Measures (Enforcement) (Amendment) Act 2011 and Legal Metrology Act, 2009 and the rules made there under. The prosecution and penalties are mainly related with the violation of manufacturing of non-standard Weights & Measures, counterfeiting of seal, short weighment/measurement, use of un-verified weights & measures, not making mandatory declarations on the packaged commodities etc.

The penalties under the respective Acts are given under chapter V in Central Act and chapter-XI of State Act depending upon the nature of offence committed by the respective trading establishment. The offences which are not compoundable are sent to court of law for trial.

Sl. No. Prosecution u/s Penalty u/s Prosecution & Penalty for violation of sections of Standards of Weights & Measures (Enforcement) Act, 1997 Amount Ist offence Fine/ imprisonment 2nd Offense
1 10 40 Use on non-standard weights, measures or numbers Rs. 2,000 One year imprisonment + Fine
2 11 41 Quotation etc. otherwise then in term of standard weights & Measures Rs. 2,000 One year imprisonment + Fine
3 19 42 Manufacturing, dealing, repairing of weights or measures without valid License Rs. 2000 or one year imprisonment Three years imprisonment + Rs. 5000 fine
4 20 43 Working with suspended, cancelled License issuing in W&M One year imprisonment
5 21 44 Manufacturing of such weights or measures which did not confirm to the std. & units of W&M as specified under the Act, Rule 1 year imprisonment + Rs. 2000 Three years imprisonment + Rs. 5000 fine
6 22 45 Sale or use of unstamped weights or measures 6 months or Rs. 1000 One year imprisonment + Fine
7 23 46 Non-maintaining of records and register by through dealing in weights or measures Rs. 1,000 One year imprisonment + Fine
8 24 47 Failing or omitting to get weights or measures re-verified Rs. 500 One year imprisonment + Fine
9 28 48 Non-production of weights or measures or related records for inspection Rs. 1,000 One year imprisonment+ Fine
10 29 49 Obstructing the entry of inspection or authorizing person into any premises for discharge of his duty Two years imprisonment One year imprisonment + Fine
11 30 & 31 50 Obstructing CWM or his authorized representation from making search & seizer in W&M Two years imprisonment Five year imprisonment
12 33 51 i) violation of Packaged Commodities Rule
ii) short weighment etc. In Packaged Commodities
Rs. 5000 Rs. 3000 or 2 years imprisonment. Five years imprisonment + Fine
13 35 52 Non-declaration of approximate weights, measures or numbers, correct up to 5% of commodities sold by heap Rs. 1,000 6 months imprisonment + Rs.1000
14 36 Manufacturing etc. of non-standard weights or measures 3 months to 1 year imprisonment 6 months to 3 years imprisonment
15 37 i) counterfeiting and mishandling of seal/stamp of weight or measures 6 months to 1 year imprisonment 6 months to 1 year imprisonment 6 months to 1 year 1-5 years imprisonment
ii) unlawful possession of seal/stamp -do-
iii) use of any seal/stamp without lawful authority iv) dealing in weights or measures with counterfeit seal/stamp -do- -do-
16 38 i) sale of delivery of commodities etc. by non-standard weights or measures ii) Rendering any service in weights or measures other than stand. weights or measures. Rs. 500 to Rs. 2000 3 months to 1 year imprisonment
Rs. 2000 1-5 years imprisonment
17 39 i) Keeping non-standard weights or measures for use and other contravention
ii) short weighment etc.
Rs. 2000 Rs. 5000 1-5 year imprisonment+ fine 1-5 year imprisonment+ fine
18 53 Tempering with License issuing in W&M Rs.2000 or 1 year imprisonment
19 54 Dealing in rejected weights or Measures Rs.2000 or 1 year imprisonment
20 55 Personating as Department's official 3 years imprisonment
21 56 i) giving false information or maintaining false records or register Rs. 1000 or 6 months imprisonment Rs. 2000 1 year imprisonment + Fine
ii) furnishing false returns
22 59 Penalty for contravention not provided for Rs. 2,000
23 39 (3) Whoever enters into any contract or agreement in non standard weight or measure or number Rs. 2,000 1 year + fine
24 40 Use on non-standard weights, measures or numbers Rs. 2,000 One year + Fine
25 41 Quotes, issues, exhibits, mentions indicates expresses. otherwise than in term of standard Weights & Measures Rs. 2,000 one year+ Fine
26 42 Manufacturing, dealing, repairing of weights or measures withouta valid License Rs. 2000 or one year imprisonment three years + Fine
27 43 Working with suspended, cancelled License issuing in W&M One year imprisonment
28 44 Manufacturing of such weights or measures which did not confirm to the std. & units of W&M as specified under the Act, Rule 1 year imprisonment + Rs. 2000 Three year + Fine
29 45 Sale or use of unstamped weights or measures (Except used for domestic purposes) 6 months orRs.1000 One year + Fine
30 46 Non-maintaining of records and register by through dealing in weights or measures Rs. 1,000 One year + Fine
31 47 Failing or omitting to get weights or measures re-verified Rs. 500 One year + Fine
32 48 Non-production of weights or measures or related records for inspection Rs. 1,000 One year + Fine
33 49 Obstructing the entry of inspection or authorizing person into any premises for discharge of his duty Two years imprisonment Five year
34 50 Obstructing CLM or his authorized representation from making search & seizure in W&M Two years imprisonment Five year + Fine
35 51(1) i) violation of Packaged Commodities Rule Rs. 5,000 Five year + Fine
36 51(2) ii) short weighment etc. In Packaged Commodities Rs. 3000 + Five year + Fine
2 year imprisonment
37 52 Non-declaration of approximate weights, measures or numbers, correct up to 5% of commodities sold by heap Rs. 1,000 6 months + Rs.1000
38 53 Tempering with License issuing in W&M Rs. 2000 or 1 year imprisonment
39 57 (1) If any Inspector willfully verifies or stamps any weight or measure in contravention of the provision of this Act 1 year imprisonment + Rs. 2000 1 year + Rs.2000
40 57 (2) If willfully discloses any information obtained by him in any inspection etc. 1 year imprisonment + Rs. 2000 1 year + Rs. 2000
41 58 If any inspector makes inspection without any valid reasons 1 year imprisonment + Rs. 2000 1 year + Rs. 2000

Note: The offence punishable under Section 39, Section 40, Section 41, Section 42, Section 44, Section 45, Section 46, Section 47, Section 48, Section 51, Section 52, Section 54 or Section 59 or any rule made under sub-section (3) of section 72 are compoundable offences. The offences can be compounded by the Controller or any officer authorized by him. In rest of the cases offences are not compoundable and complaint shall be decided by the Court of Judicial Magistrate of Ist class.

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