Penalties under Weights and Measures Laws

The penal provisions for violation of Standards of Weights & Measures Act 1976 and other Act have been laid down in Standards of Weights & Measures (Enforcement) Act 1997. The penalty mainly relate with the violation of manufacturing of non-standard Weights & Measures, counterfeiting of seal, short weighment / measurement, use of non verified weights & measures, not making mandatory declarations on the packaged commodities. The penalty ranges from Rs.500 to 5000/- and or imprisonment depending upon the nature and repetition of offence committed. The offences which are not compoundable (Section 37 and IInd offence of 39) should be 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 3 months to 1 year imprisonment 1-5 years imprisonment
Rs. 2000 Rs. 2000
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 mprisonment three year + 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.