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Section 28 – The Standards of Weights and Measures (Enforcement) Act,1985

The Standards of Weights and Measures (Enforcement) Act,1985

Section 28. Power of Inspector to require production of weight or measure or records for Inspection

(1) An Inspector may, if he has any reasonable cause to believe that an offence punishable under this Act has been, or is likely to be, committed in respect of any weight or measure or that any weight or measure does not conform to the standards established by or under the Standards Act, require, at all reasonable times, the person having the custody or control of such weight or measure to produce before him for inspection every such weight or measure which-

(i) Is used by such person or is caused by such person to be used by any other person, or

(ii) Is in the possession, custody or control of such person for use, or

(iii) Is kept in or on any premises for use, in any transaction or for industrial production or for protection.

(2) The Inspector may also require the production of every document or other record relating to the weight or measure referred to in sub-section (1) and the person having the custody of such weight or measure shall comply with such requisition.

(3) On inspection, whether under Sec. 27 or under this section, the Inspector shall obliterate the stamp on-

(a) Any weight or measure which, being due for verification, has not been submitted for such verification:

(b) Any weight or measure which, since the last verification and stamping, has been repaired or re-adjusted, and does not, after such repair or re-adjustment, conform to the standards established by or under the Standards Act

(c) Any weight or measure which does not admit of proper adjustment by reason of its being broken, indented or otherwise defective:

(d) Any weight or measure other than those specified in Cl. (c) or Cl. (c) which does not, or cannot be made to, conform to the standards established by or under the Standards Act

Provided that where the Inspector is of opinion that the defect or error in such weight or measure is not such as to require immediate obliteration of the stamp, he shall serve a notice on the user of such i weight or measure informing him of the defect or error found in the weight or measure and calling upon him to remove the defect or error within such time, not exceeding eight days, as he may specify, and shall-

(i) If the user fails to remove the defect or error within that period, obliterate the stamp, or

(ii) If the defect or error is so removed as to make the weight or measure conform to the standards established by or under the Standards Act, verify such weight or measure and put his stamp thereon.

Explanation

The obliteration of the stamp on any weight or measure shall not take away or abridge the power of the Inspector to seize such weight or measure in accordance with the provisions of this Act.

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The Standards of Weights and Measures (Enforcement) Act,1985

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