The Sikkim Weight And Measures Act 1980

GOVERNMENT GAZETTE EXTR AO R D IN A R Y PUBLISHED· BY AUTHORITY No. 34 Gangtok, Friday, April 11, 1980 LAW AND LEGISLATIVE DEPARTMENT NOTIFICATION No. 4/LL/80. Dated Gangtok, the 5th April, 1980. The followinK Act of the Sikkim Legislative Assembly having received the assent of the Governor on the 5th day of April, 1980, is hereby published for general information. SIKKIM ACT NO. 4 OF 1980 THE SIKKIM WEIGHTS AND MEASURES ACT, 1980. AN ACT to provide for the enforcement of the standards of weights and measures established by or under the Central Act and for matters connected therewith or incidental thereto, Be it enacted by the Legislature of the State of Sikkiin in the Thirty-first year of the Republic of India as follows :~ CHAPTER I PRELIMINARY t, This Act may be called the Sikkim Weights and Measures Act, 1980. Short title,ex..;. It extends to the whole of the State of Sikkim. tent arid com- It shall come into force on such date as the State Government mencement. may, by notification, appoint and different dates may be appointed.· for different- (a) provisions of this Act, (b) areas, (c) classes of undertakings, (d) classes of goods, (e) classes of weights and measures, or (f) classes of users of weights and measures, and any reference in <lnysuch provision to the commencement of this Act shall be construed as reference to the coming into force of .that provision in such areas, or in respect of such classes of undertakings, goods , weights and measures or users of weights and measures in relation to which this Act has been brought into force. 2 Act not to ap- 2. Nothing in this Act shall apply to any inter-State trade or commerce in anv ply to inter - weight or measure or in any other goods which arc sold, delivered or distributed b)1 State trade or weight, measure or number. commerce. Definitions. ' 3. In this Act, unless the context otherwise requires,- (a) "additional controller" includes 8, Joint Controller, Deputy Con- troller and an Assistant Controller appointed under section 5; (b) "allthorised seal or stamp" means a seal or stamp made under, and in accordance 'With, the provisions of this Act; (c) "Central Act" means the Standards of Weights and Measures Act, (d) "controller" means the Controller of LegaI"Metrology appointed by the State Government under section 5; (e) "counterfeit", in relation to a seal or stamp, means a seal or stamp which is so made as to resemble an authorlsed seal or stamp, t!'le case may be, inten- t 25 ding by that resemblance to practice deception, or knowing it to be likely that decep- tion will thereby be practised. Explanation I. It is not essential that the resemblance of' the counterfeit seal or stamp to the authorised seal or stamp should be exact. Explanation 2.- When a person causes a counterfeit seal or stamp to resemble an au- thorised seal or stamp and the resemblance is such that if a person relies on such seal or stamp, he might be deceived thereby, it shalt be presumed, until the contrary is proved, that the per"son so causing the seal or stamp to resemble the authorised seal or stamp intended by means of that resemblance to practise deception or knew it to be like- ly that deception would thereby be practised; (f) "heap" means any unit of' a commodity for sale where such sale is intended to be made without any weighment or measurement or, where the sale is nude by number, without counting the number; (g) "inspector" means a person who is appointed as such under section 5, by whatever name called; (h) ."mint" means a mint of the Central Government; (i) "notification" means a notification published in the Official Gazette; (j) "prescribed" means prescribed by rules made under this Act; (k) "protection" means the utilisation of any weight or measure, or any reading obtained with the help of any weight or measure, fer the purpose of deter mining whether or not any step is required to be taken to safeguard the well-being of any human being or animal, commodity, vegetation or thing,vvhether individually or collectively; (1) "standard weight or measure" means a weight, measure or number which conforms to the standards established in relation thereto by or under Central Act; (m) words and expressions used in this Act and not defined but defined in the Central Act shall have the meanings respectively assigned to them in that Act. Provisions of this 4. The provisions of this Act shall have effect notwithstanding anything incon- Act to override sistent therewith contained in any enactment other than this Act and the Central Act the provisions of or in any instrument having effect by virtue of any enactment other than this Act or any other law ex- the Central Act. . cept the Central Act. CHAPTER II APPPOINTMENT OF CONTROLLERS, INSPECTORS AND OTHER OFFICERS. 5. (I) The State Go\'ernment may, by notification, appoint a Controller of Appointment of Controllers. Leoal Metrology for the State and as many Additional, Joint, Deputy. or Assist.aJ.-lt.Cotnl:,~ trollers, Inspectors and other officers anel.staff as may be. neccss~r)' for eXerCJSll~g Inspectors. other officers powers and efficiently discharging the duties conferecl or llnpo~(':' on them by 01 under and staff. this Act. (2) Every Additional Controller, appo intcc~ under sub-section (J), shall such powers, and discharge such functions, ~f the Controller, as the State exercise rn )' . .ification authorise in this behalf. 1 r 3 ~-0) The Controller ma)', b)' general or special order, define the local limits within which each Additiona! Contvo ller or each Inspector shall exercise t1e pO'Ners and discharge the duties conferred 01- imposed 011 him by or under this Act. (4) Subject to the provisions of this Act, every Additional Controller and every Inspector shall perform his functions and discharge the duties of his office under the general superintendence, directions and control of the Controller and "hall exercise those pO'wers and discharge those duties in the same manner and with the ame cffect as jf thcy had been conferred or imposed on him direct by or under this Act and not by \V,,)' of authorisation. (5) The Contro ller and every Additional Contro llcr may also - (a)' perform <:.11 or any of the functions of; and (b) exercise all or <tny of the powers conferred by this Act or any rule or orrlei made thereunder, on an Inspector J(6) Where the Controller is of Opll1lO11that it is necessary so to do, Power to autho- he may, by an order in writing, authorisc an Inspector, or other Officer not below the rise Inspector to rank of' an Inspector, to adjust any weight or measure in any area within the local limits adjust weights or of his jurisdiction. measures. (7) The Controller and eve)' Additional Controller, and every Inspector Controller and and every other person authoriscd to perform ;:;.ny duty by 01' under this Act, shall be officers appol1- deemed to be a public servant within the me<L]1ingof section 2I of the Indian Penal ted under" this Code. Act to be pub- lic servants. 8. No suit, r)1'osecution or other lep-,",lproccedirios shall lie against the Centro- Protection of o L b 0 Iler or any additional Controller, or any Inspector or any other person authorised to action taken in perform any duty hy or under this Act in respect of anything which is in good faith clone good faith. or intended to be done under this Act or any rule or order nude thereunder. CHAPTER In GENERAL PROVISIONS IN RELATION TO STANDARD \lVmGHTS AND MEASURES. 9. (I) Norwithstandinp any custom, usage or method of whatever nature, Prohibition of use no weight or measure other than the standard weight or messure shall be used or kept in of weights and ;my premises 'within the State of Sikkim in such circumstances as to indicate that S11Ch measures other weight or measure is intended, or is likely, to be used For any wciphment or measurement. than standard weights and measures, (2) Any custom, usage, practice or method of whatever nature which permits a person to demand, receive, or cause to be demanded or received within the State of Sikkim, any quantity of article, thing or service in excess of, or less than, the quantity specified by weight or measure in the contract or other agreement in relation to the said article, thing or service shall he void. (3) On and from the commencement of this Act, no weight, measure or number, other than the standard weight, measure or number, shall be used in, or form the basis of, any contract or other agj"eement in. relation to any trade or commerce within the State of Sikkim. (4) Any contract or other agreement, which contravenes the provisions of sub-section (3), shall be void. I0~// (I) The State Government may, by rules made in this behalf, direct that Use of weights in respect of the class of goods or undertakings or users specified therein - only or measures only in certain cases. (a) no .ransaction, dealing or contract shall be made or had; or (b) no industrial production shall be undertaken; or (c) no use of protection shall be made, within the State of Sikkim, except by such weight, measure or number asmaybe specified in the saidrules. (2) Any rule made under sub-section (I) shall take effect in such area, from such future date and subject to such conditions, if <1-ny,as may be specified therein. Prohibition of II. Except-where he is permitted under the Central Act eo 0 ,~ ~o person cillotations, etc. shall, in relation to any goods or things which are sold, transferred, Lstnbutecl or otherwise than delivered, or any services rendered. within the State of Sikkim ,- in terms of stan- dard units of (a) quote, 01' make announcement of, whether bv word of mouth or weight, measure otherwise, any price or charge; or ' or numeration. (b) issue or exhibit any price list, invoice, ca h memo or other. dOCLl- ment; or (c) prepare or publish any advertisement, poster or other document; or (d) indicate the contents of any p::tckage either on itself or on any label, carton or other thing; or (e) indicate the contents on any container; or (f) express, in relation to any transaction, industrial production or protection, any quantity or dimension, otherwise than in accordance with the standard <:l units of weioht, measure or numeration. u CHAPTER IV CUSTODY AND VERIFICATION OF STANDARD EQUIPMFNTS. Custody and 12. Every reference standard, supplied by the Central Government to the State verification of Government, shall be kept at such place and in such custody as m2.) be prescribed, and reference stan- no such reference standard shall be deemed to be a reference Standard and shall be used dards. as such unless it has been verified and authenticated in accordance with the rules made under the Central Act. Preparation of 13. The State Government may cause to be prepared at a Mint as many sets of secondary and secondary standard or wcrking standard, verified and authenticated bv thc Mint in such o . / working stan- manner as may be specified under the Central Act, as it may think necessary: dards. Provided that where the Mint intimates the State Government in writing that it is unable to prepare secondary standard or working standard weight or measure, that Government may cause such secondary standard or working standard weight or measure to be prepared by such person as it may think fit and such secondary standard or working standard weight or measure shall be verified and authenticated by such authority as may be specified by rules made under this Act and every such verification and authentication shall be made in the manner specified under the Central Act. Verification, Stam- 14. (I) Every secondary standard or working standard shall conform to ping and Custody the standards established by or under the Central Act and shall be verified with the re- of Secondary or ference standard or secondary standard, as the case may be, in such manner and at such working stan- periodical intervals as may be specified by or under that Act and shall, if found on such dards. verification to conform to the standards established by or under that Act, be stamped. (2) Where any secondary standard or ,-,vorking standard is stamped under sub-section (I), a certificate shall be separately issued showing the date on which such weight or measure was stamped. (3) Every verification and stamping referred to in sub-section (1) shall be made by such person or authority as may be prescribed. (4-) A secondary standard or working standard which is not verified and stamped in accordance with the provisions of sub-section (I) shall not be deemed to be a secondary standard or working standard, as the case may be; and shall not be used for the verification of any working standard or, as the case may be, of any 'weight or mea- sure, not being a national prototype or a reference standard or secondary standard. (5) Every secondary standard shall be kept at such place and in such custody as may be prescribed. Secondary or 15. Where the State Government is of opinion that by reason of' the size or working stan- nature of any secondary standard or working standard, it is not desirable or practicable dard which may to put a stamp theron, it may direct that instead of putting a stamp on such secondary not be stamped. standard or working standard, a certificate may be issued to the effect that such secondary standard or working standard conforms to the standards established by or under the Central Act and every secondary standard or working standard so certified shall be deemed to have been duly stamped under this Act on the date on which such certificate was issued. 5 CHAPTER V MANUFACTURE, REPAIR OR SALE OF WEIGHTS OR MEASURES J6. (I) No person shall make, manufacture, repair or sell any weight or Prohibition on measure unless he holds a valid licence issued in this behalf by the Controller authori , the manufac- sing such person to (Ie so : ture, repair or sale of weights or measures without licence. Provided that a person who bonafide repairs in his premises any weight or measure owned by him shall not be required to take out a li.cence referred to in this sub- section if he, in the opinion of the Controller,- (a) has the technical competence and the necessary equipment to repair such weight or measure; or (b) having the necessary equipment for the repair of such weight or measure in his possession, has persons in his employment who have the technical compe- tence to repair such weight or measure. (2) Every licence issued under this section - (a) shall be in such form as may be prescribed; (b) shall be issued on payment of such fees as may be prescribed; (c) shall be valid for such period as may be specified therein; (d) may be renewed from time to time; and (e) may contain such conditions and restrictions as may be prescribed. (3) Every licence issued under any Sikkim Law relating to weights and measures shall, if in force immediately before the commencement of this Act, continue to be in force until the expiry of the period of its validity or until the cancellation thereof, whichever i:; earlier, and may be renewed under this Act if an application for its renewal is made in the prescribed form at least one month before the expiry of the the period of its validity. (4) A person who intends to commence, after the commencemnt of this Act, business as a maker, manufacturer, repairer or seller of any weight or measure, shall make an application in such form as may be prescribed for the issue of a licence and every licence so issued may be renewed if an application for its renewal is made in the prescribed form at least one month before the expiry of the period of its validity. (5) The Controller may, if he is satisfied that the maker, manufacturer, repairer or seller, as the case may be, of any weight or measure was prevented by suffi- cient cause from making application for the renewal of his licence before the expiry of the period of the validity thereof, permit him to make the application within a further period of one month from the date of expiry of the said period on payment by him of such further fee, not exceeding the fee which is payable for the issue of the licence. (6) On receipt of ,".11 application for the issue of a licence under this sec- tion, the Controller may, if he is satisfied, after making such inquiry as he may think fit, that the applicant fulfils the prescribed conditions, issue such licence: Provided that no application for the issue of a licence shall be rejected unless the applicant has been given a reasonable opportunity of making representation against the proposed action. (7) i~o application for the renewal of a licence issued under this section shall be rejected unless - (a) the holder thereof has been given a reasonable opportunity of showing cause against the proposed action; and (b) the 60ntroller is satisfied that - (i) the application has not been made within the time specified in this section; or (ii) the applicant has made any statement in, or in relation to, the application for the issue or renewal of the licence which is incorrect or false in any material particular; or (iii) the applicant has contravened any provision of Central Act or any rule made thereunder or of this Act or any rule made thereunder. 6 (8) The Controller may require eveT)' repairer licensed under this Act 1:0 furnish to the State Government sccuritv For such sum, not exceeding two thousand rupees, as ma.y be prescribed, to enable that Government to compens<1.tc any owner of weight or measure for an)' loss or dam'1g\~occasioned by such repairer. (9) Nothing in this section shall apply to the sale by a userjwho is not a maker, manufacturer, dealer or repairer) or an)-" weight 01" measure of such description as may be prescribed. (10) Every licence issued or renewed under this Act shall be displayed in a consp:icuous place in the premises where the licensee CalTlCSon his business. Suspension and 17. (I) The Controller may, if he hits any reasonable cause to cancellation of believe that the holder of any licence issued, renewed or continued under this licence. Act has made any Statement' in, in relation to, any application Ior the issue or renewal 0]" of the licence which is incorrect or lalsc in any material particular or has contravened any provision of the Central Act (1]";my rule m.ide thereunder or of this Act or any rule made thereunder, suspend such licence, pending the completion of any inquiry or trial acainst the holder of such licence : b . Provided that no such licence shall he suspended unless the holder thereof has been given a reasonable opportunity of shOWing cause aga;nst the proposed action. (2) The Controller m,1)" if he is satisfied after making such inquiry as he may think fit that the holder of a licence has made a false or incorrect Statement of the nature referred to in sub-section (I), or has cont ravened any law referred to in that sub- section, cancel such licence: . Provided that no such licence shalt be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action. (3) Every person whose licence Ius been suspended shan, .immediately after such suspension, stop functioning as such licensee and shall not resume business as such licensee until the order of such :;uspension has been vacated. (4) Every licensee '" whose licence has been suspended 01" cancelled shall, immcc 1iately1 after sueh suspension o ~ r ,f"'.,;" cancellation, as the case ma)(be,:,. surrender such licence to the authority hY'"vhich such licence \V;l.S issued. .; (5) Every licensee whose licence has been cancelled shall, within a period of thirty days from the elate of such cancellation (or within such further priod, not ex- ceeding three months from such elate, as the Controller may, on sufficient cause being shown, a!Jow),dispose of the weights or measures which were in his poss -ssion, custody or control on the date of such cancellation, and in the event of his failure to do so, the Controller or any other officer authorised by him, in writing, in this behalf may seize and dispose of the same and distribute the proceeds thereof In such manner as mJ.Y be prescribed. Manufacture of 18. Save as otherwise provided in the Central Act, no person shall, - weights or mea- surcs. (a) make or manufacture any weight or measure unless such weight or rneausre conforms to the standards established by or under the Central Act; (b). make or manufacture ~..n•y weight or measure with indications thereon of any weight or measure other than the units specified by or under the Central Act. Prohibition of 19. No weight or measure which is required by or under this Act to be verified sale or use of and stamped shall be sold, used or kept for use unless it has been verified and stamped. unstamped wei- ghts or measures, Maker, manu- 20. (I) Every maker, manufacturer, repairer or dealer and every person facturer ctc., to using any weight or measure in any transaction or for industrial production or for protec- maintain r'e- tion shall maintain such records and registers as may be prescribed, and, if required so cords and re- to do by an Inspector, shall produce such records and registers before the Inspector for gisters. inspection. (2) Notwithstanding anything contained in sub-section (I), if the Contro- ller is of opinion that having regard to the nature or volume of the business carried en by any maker, manufacturer, dealer, repairer or user of any weight or measure, it is .necessary so to do, he :may, by order, exempt such maker, manufacturer, dealer, re- I f I) Ij1IIIIiilllll nf rllnl rnll rnninn '7 CHAPTER VI VERTFfCATION AND STAMPING OF WEIGHTS OR MEASURES. / 2I.V (I) Every person haying any weight or measure in his possession, custody Verfication and 01" control in circumstances indicating that such weight or measure is being, or is in- stamping of tended to be, used by hi111in an)' transaction or for industrial production or for protec- weights or mea- tion, shall before putting such \",eight or measure into use, have such weight or measure sures. verihcclat such place, and during such hours as the Controller may, by general or special order, specify in this behalf (hereinafter referred to as the specified place or specified time). (2) Every '".'eight or measure re.erred to in sub-section (I) shall be re- verified at such periodical intervals as may be prescribed. (3) Every Inspector shall, for the purpose of verification of any weight or measure, attend the specified place (within the local limits of his jurisdiction) at the specified time and verify every weight or measure which is brought to him at such place and within such time and shall, if he is satisfied that such weight or measure conforms to the standards establised by or under the Central Act, put his stamp thereon: Provided that where any weight or measure is such that it cannot, or should not, be moved from its location, the Inspector shall take such ·steps for the verification of such weight or measure as may be prescribed. (4-) Where any verification has been made under sub-section (3), the Ins- pector shall grant to the person referred toin sub-section (I) a certificate in the prescri- bed form indicating therein the particulars of the weight or measure verified and stamp- eel by him. (5) Where the Controller is of opinion that by reason of the size or na- ture of any weight or measure, it is not desirable to put a stamp thereon, he may, by an order in writing, direct that instead of putting a stamp on such weight or measure, a certificate may be issued to the effect that such weight or measure conforms to the standards established by or under the Central Act and every weight or measure so certi- Heel shall he deemed to have been duly verified and stamped under this Act. 22. Every certificate or verification granted under this Act shall be displayed in Display of cer- a conspicuous place in the premises where such weight or measure is being, or is intended tificate of veri- to be, used in any transaction or for industrial production or for protection. fication. 23. (I) A ·weight or measure which is, or IS deemed to be, duly verified and Validity of wei- stamped under this Act shall be deemed to conform to the standards established by or ghts or measures under the Central Act at every place within the State of Sikkim unless it is found on ins- duly stamped. pection or verification, that such weight or measure does not conform to the standards established by or under that Act. (2) No weight or measure which is, or is deemed to be, duly verified and stamped under this Act shall require to be re-starnped merely by reason of the fact that it is being used at any place within the territory of the State of Sikkim other than the place at which it was originally verified and stamped: Provided that where a verified weight or measure, installed at one place, is dismantled and re-installed at a different place, such weight or measure shall not be put into use unless it has been re-verified and stamped notwithstanding that periodical reverfication of such weight or measure has not become due. CHAPTER VII INSPECTION, SEARCH, SEIZURE AND FORFEITRUE. 24-. (I) An Inspector may, within the local limits of his jurisdiction, inspect Power to and test, at all reasonable times, any weight or measure which - insp~ (i) is being, or is intended to be, used; or c-«>-: ~ .. (ii) is in the possession, custody or control of any person; or (iii) is in or any premises; in such circumstances as to indicate that such weight or measure is being, or is intended or likely to be" used in any transaction or for industrial production or protection, and may also verify whether such weight or measure is in conformity with the standards es- f] llli111rrlln nr llllnnr illi ~Intral Act. (2) For the purpose of ascertaining the correctne s of any weight or measure used in any transaction, any Inspector may also test the weight or measure of any article sold or delivered to any person in the course of such transaction. Power of Ins- 25. (1) An Inspector may, if he has any reasonable cause to believe that an pector to re- offence punishable under this Act has been or is likely to be committed in re peet quire produc- of any weight or measure or that any weight or measure does not conform to the stand, rd tion of weight established by or under the Central Act, require, at all reasonable times, the person or measure or having the custody or control of such "veight or measure which " records for Ins- pection. (i) is used by such person or is caused by such person to be u ed by any other person; or (ii) is in the possession, custody or control of such person for lIse; or (iii) is kept in or on any premises for use in any transaction or for indus- trial 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 (I) and the person first mentioned in that sub-section shall comply with such requisition. (3) On inspection, whether under section 24 or under this section, the Inspector may obliterate the stamp on any weight or measure - (a) which does not, or cannot be made to, conform to the standards established by or under the Central Act: Provided that where the Inspector is of opinion that the defect or error in such weight or measure is not such a,sto require immediate obliteration of the stamp, he shall serve a notice on the user or such weight or measure informing him of' the defect or error found in the weight or measure and calling llpon him to remove the de- fect or error within such time, not exceeding eight clays, as he n1<1yspecify and shall - (i) if the user fails to remove the defect or error -vithin that period, obliterate the stamp; or (ii) if the defect or error. is so removed as to make the weight or mea- sure conform to the standards established by or under the Central Act, verify such weight or measure and pllt his stamp thereon; (b) which does not admit of proper adjustment owing to its beino bro- ken, indented or otherwise defective; b (c) . which, since the last verification and stamping, has been repaired or re-adjusted but does not, after such repair or re-adjustment, conforms to the standards established by or under the Central Act; (d) which, being due for verification, has not been submitted for such verification. . Power of Ins- 26. (1) An Inspector may, if he has any reason to believe, whether from any pector to enter information should be given to him by any person and taken down byhim in writing or from premises. personal knowledge or otherwise, that an offence punishable under this Act has been or is likely to be committed in relation to any weight, measure or other goods 'which are sold, delivered or distributed by weight, measure or number, enter, at all reasonable times, into any premises - (i) where such weight or measure is used, or kept or believed to be •• kept for use in any transaction or for industrial production or for protection; (ii) where such goods are manufactured, packed, distributed or sold or kept or offered for sale in packaged form. and inspect or verify any weight measure or the net contents, by 'weight, measure or number, of any package, and may also examine any document or other record relating thereto. (2) An Inspector may at all reasonable times enter into any premises for such purposes other than those specified in sub-section (1), as may be prescribed. ! Power to 7. (I) Where the Controller has reason to believe that any weight or search. \/:Ueasure, liable to be seized under this Act, or an)' document or thinfJ in relation to anv o J weight or measure, 'will be, in his opinion useful for or relevant to, any proceeding under this Act, is secreted in any place, he may search or authorise any officer, not below the rank of an Inspector, to search for such weight or m~asure, document or thing, and the general provisions relating to search under the Code of Criminal Procedure in force in Sikkim shall apply to every such search. 9 (2) Every authorisation m.i.de by the Controller under sub-section (J) shall be deemed to be: " search warrant refeTred to in the general provisions rcbting to searches under the Code of Criminal Procedure in force in Sikkim. / 28,/" (I) An Inspector lllay seize and detain any weight 0;" measure in relation Pow-er of In5- to which an offence under this Act appears to hZlVC been committed or which is likely to pcctor to seize be used in the commission of such offence.and m<'.y Z\1s0 seize and detain ,my goocb sold any weight 01" or delivered, or caused to be sold or delivered, by such weight or measure: measure. Provided that where any.goods seized under this sub-section are subject to speedy or natural decay, the Inspector may dispose of such goods in such manner as may be preseribed. (2) Where any weight or measure or <>.ny .1rtick is seized and detained under sub-section/ I), the Inspector nVLyalso seize and detain any document or other record relating to such \-veight, measure or article. 29. If, on verification of .:my commodity in ?"ckaged form, the net weight, Inspector to re- measure or number of commodity contained in the p<l.clzc\g(-; or container is found to agree seai. or reo.pack with the net contents thereof, as stated on the label thereon.the Inspector shall, where where net con- the person from whom such commodity was ()btaincd for verification 'is- tents are found to have been cor- rectly stated. (a) the manufacturer or packer of such commodity, get the commodity re-sealed or re-packed, asthe case ma.y be; or (b) a person who buys or sells such commodity, in whole sale or retail, acquire such package,.,or container on payment in cash to such wholesaler or retailer the market price of the commodity contained in such package or container. / 30. \/ Every false or unverified weight or measure seized under the provisions of Forfeiture. this Act shall be liable to be forfeited to Government. CHAPTER VIII PROVISIONS WITH REGARD TO COMJViOnHIES IN PACKAGED fORM SOLD OR DISTRIBUTED '\VITI-IIN THE STATE. 3I. (I) The provisions of the Central Act with regard to commodities in Provisions the <Df packaged form shall, as far as 111:>bye, apply to every commodity in packaged form which Central Act rela- is distributed, packed, sold, kept, offered or exposed for sale in the State of Sikkim as ting to packaged if those provisions were applicable to trade or commerce within the State subject to the commodities to modification that any reference therein to the Central Government and the Central Act . apply to packa- shall be construed as references, respectively to the State Government and this Act. ged cornmodit es sold or distvi- buted within the State. (2) An Inspector milY, from time to time, inspect the \veight or measure, or count the number, of the commodity contained in any p2<.ckagcwhich is- (i) kept at any place where the commodity is packed; or (ii) kept, offered or exposed for sale; or (iii) sold, delivered, held in possession or is in the process of delivery; within the State of Sikkim with a view to determning whether the package contains the quantity or number of the commodity as specified on it or on the label thereon. (3) Where the Inspector finds, after weighing, me2,sul'ing or counting, that any package does not contain the quantity or number of the commodity, as specified on it or on the label thereon,or docs not ,conform to the provisions of the Central Act or any rule or order made thereunder, he m,"yseize such package and may also, by order, prohibitthe sale of each package which is similar to the seized package and may so mark or seal each such package as to indicate clearly that the sale or delivery of such package has been prohibited.and no such package shall be sold or kept, offered or exposed for sale or delivery or otherwise disposed of.unlcss-s- '(i) the contents of such package have been bro,ught into 'conformity with the provisions of the Central Act or any rule or order made thereunder, by the manufac- turer, packer or distributer thereof; or I 10 (ii) the disposal thereof has been authorised by the Contro Her. (4) No person shall keep in any place, where ~J1ytransaction is made, any commodity in packaged form 'which isnut for sale, and ifany commodity in packaged form is kept in such place in contravention the provisions of this sub-section, such commodity shall be presumed to have been kept in such place ['01' sale. CHAPTER IX PROVISIONS WITH REGARD TO THE SALE OF COMMODITIES IN ANY OTHER FOHM Sale of commo- 32. (I) Where the sale of any commodity is made by number and, the number dities by num- of the commodity delivered to the purchaser in pursuance of such sale is lesser than the ber. number paid for, the seller shall he deemed to have used a f~dsemeasure. (2) Where, in relation to any commodity sold by number, there is a custom or usage of delivering a fixed number or such commodities in addition to the number of cornmoditioes paid for, such custom or usitge shall, on and from the com- mencement of this Act, cease, and if the seller delivers to the purchaser the additional number of commodities in accordance with such custom or or usage, he shall be deemed to have used a false measure and the purchaser shall be deemed to have abetted the use of such false measure. Sale of Commo- 33. (I) Where any commodity is sold by heaps the approximate weight, dities by heaps. measure or the number of commodity contained ill each heap shall be conspi- cuously announced by the seller 01' his agent, if" ::!.l1)',either by word of mouth or by a written notice placed on each heap: Provided that no such announcement shall be necess:lry ir the case of a heap the market price of the contents of which docs not exceed one rupee. (2) Where, on weighment, measurement or counting of an)' commodity sold by heap, it is found that the weight, measure or number .deterrnined by such wei- ghment, measurement or counting is Jess than the approxim:lte weight, measure or num- ber announced by the seller or his itgent and the defi.ciency is more than five per cent of such announced weight, measure or number, the seller shall be deemed to have used a false weight or measure. / CHAPTER X OFFENCES AND PENALTIES Penalty for ma- 34. Whoever- nufacturing, etc., (a) makes or manufactures, or causes to be mack or manufactured of non-standerd (except were he is permitted under the Central Act so to do), an)' weight or measure weights or mea- in accordance with any standards other than the standards established by or under the sures. Central Act; or (b) (I) sells or otherwise transfers, or causes to be sold or otherwise transferred; or (ii) lets, or causes to be let, on hire, any weight or measure which has been manufactured in accordance with any standards other than the standards ,I established by or under the Central Act, shall be punished with imprisonment for a term which ma), extend to one year, and, for the second or subsequent offence, with impri- sonment for a term which may extend to five vears and also with fine , , J J Penalty for 35· Whoever - counterfeiting (i) counterfeits any seal specified by or under this Act or the Central of seals, etc. Act; or (ii) sells or otherwise disposes of any counterfeit seal; or (iii) possesses any counterfeit seal; or (iv) counterfeits any stamp whether made under this Act or the Central Act or any rule made under either of those Acts; or (v) removes any stamp made, whether under this Act or the Central Act or any rule made under either of those Acts, or tampers with any stamp so made; or (vi) removes any stamp made, whe ther under this /":l or the Central Act or any rule made under either of those Acts, and affixes the stamp so removed on, or inserts the same into, ant other weifht or measures; or 11 (vii) wilfully increases or diminishes or alters in any way any weight or measure with a view to deceiving any person or knowing or having reason to believe that any person is likely to be deceived thereby, shall be punished with imprisonment for a term which may extend two years and, for the second or subsequent offence with imprisonment for a term which may extend to five years and also with fine. (2) Whoever obtains, by unlawful means, possession of any seal speci- fied by or under this Act or the Central Act and uses, or causes to be used, any such seal for making any stamp on any weight or measure with aview to representing that the stamp made by such seal is authorised by or under this Act or the Central Act shall be punished with imprisonment for a term may extend to two years, and, for the second or subse- quent offence, with imprisonment for a term which may extend to five years and also with fine. (3) Whoever, being in lawful possession of a seal specified by or under this Act or the Central Act uses, or causes to be used, such seal without any lawful authority for such use, shall be punished with imprisonment for a term which may ex- P I tend to two years, and for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine. (4) Whoever sells, offers or exposes for sale or otherwise disposes of any weight or measure which, he knows or has reason to believe bears thereon a counter- feit stamp, shall be punished with imprisonment for a term which may extend to two years, and for the second or subsequent offence, imprisonment for a term which may extend to five years and also with fine. 36. (1) Except where he is permitted under the Central Actsotodo, who- Penlty for sale or ever sells, or causes to be sold, delivers, or causes to bedelivercd.zmv.commodirv, article delivery of com- or thing by any weight measure or number other than the standard weight, measure or modities etc. number, shall be punished with fine which may extend to two thousand rupees, and, for by non-stan ... the second or subsequent offence, with imprisonment for a term which may extend f(", dard weight one year and also with fine. or measure. (2) Whoever renders, or causes to be rendered, any service in terms of any weight, measure or number other than the standard weight, measure or number, shall be punished with fine 'which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. . 37. (1) Whoever keeps any weight or mesasure other than the standard wei- Penalty for keep... ght or measure in any premises in such circumstances as to indicate that such weight ing non-stan- or measure is being, or is likely to be, used for any - dard weights or measures for use and for other contraventions. (a) weighment or measurement; or (b) transaction or for industrial production or for protection, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. (2) Whoever, ~ (i) in selling any article or thing by weight, measure or number, delivers, or causes to be delivered, to the purchaser any quantity or number of that article or thing t less than the quantity or number contracted for or paid for; or (ii) in rendering any service by weight, measure, or number renders that service less than the service contracted for or paid for; or (iii) in buying any article or thing by weight, measure or number, recei- ves, or causes to be received, from. the vender any quantity or number of that article or thing in excess of the quantity or number contracted for or paid for; or (iv) in obtaining any service by weight, measure or number, obtains that service in excess of the service contracted for or paid for, shall be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine. (3) Whoever enters, after the commencement of this Act, into any con- tract or other agreement (not being a contract or other agreement for export ) in which any weight, measure or number is expressed in terms of any standard other than the standard weight, measure or number established by or under the Central Act, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. 12 Penalty for con- 38. "Whoever, in relation to any specified class of goods, undertakings or users travention of of weights or measures, uses in any transaction or for industrial production or for pro" Section tection, an)' weight, measure or number, other than the weight, measure or number 10. specified by rules made under Section 10, shall be punished with fine which (may extend to two thousand rupees.and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. Penalty for 39. Except where is permitted under the Central Act so to do, whoever in re- contravention lation to <enygoods or things which are sold, transferred, distributed or delivered, or of section any servi ce rendered,- II. (a) quotes any price or charge, or makes any announcement with regard to the price or charge; or (b) issues or exhibits any price list, invoice, cash memo, or other docu- ment ; or (c) prepares or publishes any advertisment , poster or other document; or (d) indicates the weight, measure or number of the net contents of any package on any label, carton or other thing; or (e) expresses in relation to any transaction, industrial production or pro- tection, any quantity or dimension, otherwise than in accordance with the standard units of weight, measure or numeration, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. Penalty for tiro. Whoever, being required to obtain a licence under this Act, makes, manu- contravention. factures, repairs or sells any ·weight or measure, without being in possession of a valid of section [6. .licence, shall be punished 'with imprisonment for a term which may extend to one year 01" with fine which may extend to two thousand rupees, or with both, and, for the second or subsequent offence, 'with imprisonment for a term which may extend to three years and also with fine. Penalty for con- 4I. A licensee who after the suspension or cancellation of the licence issued, travention of renewed or continued under Act, or-nits or fails to stop function as a licensee under this section 17. Act, shall be punished with imprisonment for a term which may extend to one year. Penalty for COI1- 42. Except where he is permitted under the Central Act so to do, whoever travent on of m:-,kes or manufactures any weight or measure which,- section 18. (a) though ostensibly purports to conform to the standards established by or under that Act does not actually conform to the said standards; or (b) bears thereon any indication of weight or measure which is not in conformity with the standards of weight or measure established by or under that Act, whether such indication is or is not in addition to the said standards ,shall be punished with imprisonment for .<1 term. which may extend. to one year, or with fine which may extend to two thousand rupees, or with both, and, for the second or subsequest offence, with imprisonment for a term wihch may extend to three years and also with fine. Penalty for con- 43. Whoever sells, uses or keeps for use any weight or measure which, being travention of required to be verified and stamped under this Act, has not been so verified and stamped, ,t section 19. shall be punished with imprisonment for a term which may extend to six months.or with fine which may extend to one thousand rupees, or with both,and, for the second- or subsequent offence, wi.th imprisonment for <I term which may extend to one year and also with fine. Penalty for 44. Whoever, being required by section 20 to maintain any record or register, contravention omits or fails to do so, or being required by an Inspector to produce any records or of section 20. registers for his inspection.omits or fails to do so, shall be punished with fine which may extend to one thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. Penalty for 45. Whoever, being required by section 2I to present any weight or measure for contravention verification or reverification omits or fails, without any reasonable cause, to do '50, of section 2I. shall be punished with fine which may extend to five hundred rupees, and, for the se- cond or subsequent offence, with imprisonment for a term which may extend to one year and also with fme. 13 46. Whoever, being required by an Inspector, or any person authorised by or Penalty for under this Act to exercise the powers of an Inspector.to produce before him for inspec- contravention tion any weight or measure, or any document or other record relating thereto, omits of section 25. or fails, without any reasonable cause, to do so, shall be punished with fine which may extend to one thousand rupees, and, for the second or subsequent offence, with imprison- ment for a term which may extend to one year and also with fine. 47. Whoever-obstructs the entry of an Inspector, or any person authorised by Penalty for or under this Act to exercise the powers of an Inspector, into any premises for the contravention inspection or verification of any weight or measure or any document or other record of section 26.

relating thereto or the net contents of any packaged commodity or for any other pres- cribed purpose shall be punished with im.prisonment for a term which may extend to two years and, for the second or subsequent offence, with imprisonment for a term which n,ay extend to five years. 48. Whoever prevents the Controller or any officer authorised by the Controller Penalty for in this behalf, from searching any premises or from making any seizure of any weight, contravention measure, packaged goods, document, record or label, shall be punished with imprison- of sections 27 ment for a term which may extend to two years and, for the second or subsequent and 28. offence, with imprisonment fora term which may extend to five years and also with fine. 49. (I) Whoever manufactures, distributes, packs, sells or keeps for sale Penalty for or offers or exposes for sale, or has in his possession for sale, any commodity in packaged contravention form, shall,unless each such package conforms to the provisions of section 3T, be puni- of section 3 I. shed with fine which may extend to five thousand rupees.and, for the second or subse- quent offence, with imprisonment for a term which may extend to five years and also with fine. (2) Whoever manufactures, packs, distributes or sells, or causes to be manufactured, packed, distributed or sold, any commodity in packaged form knowing or having reason to believe that the commodity contained in such package is lesser in weight, measure or number than the weight, measure or number, as the case may be, stated on the label thereon, or it does not conform to the provisions of the Central Act or any rule or order made thereunder, shall be puhnishcd with imprisonment for a term which may extend to two years or with fine which may extend to three thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine. So. Whoever is deemed under section 32 to have used, or abetted the use of, Penalty for any false measure, shall be punished with imprisonment for a term which may extend to contra vention one year, or with fine which may extend to two thousand rupees, or with both, and, for of section 32. the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine. 5I. Whoever sells any commodity by heaps without complying with the provi- Penalty for sions of section 33, shall be punished with fine which may extend to one thousand rupees, contravention and, for the second or subsequent offence, with imprisonment for a term which may of section 33. extend to six months, or with fine which may extend to one thousand rupees, or with both. 52. Whoever alters or otherwise tampers with any licence issued or renewed Penalty for under this Act or any rule made thereunder otherwise than in accordance with any tampering with authorisation made by the Controller in this behalf, shall be punished with fine which licence. may extend to two thousand rupees, or with imprisonment for a term which may extend to one year, or with both. 53. Whoever sells, delivers or disposes of, or causes to be sold, delivered or dis- Penalty for sel- posed of, any weight .:r measure which has been rejected on verification under this Act ling or deli- or the Central Act, or any rule made under either of the said Acts, shall be punished with verring rejec- imprisonment for a terms which may extend to one year, and with fine which may ted weights and extend to two thousand rupees, or with both: measures. Provided that nothing in this section shall apply to the sale, as scrap, of any rejected weight or measure which has been defaced in the prescribed manner. 54. Whoever personates in any way the Controller or the Inspector or any other Penalty for officer authorised by the Controller shall be punished with imprisonment for a term personation of lYllinllm~r rrnlilrll~i~ilirlrT ITnHI offici Is Penalty for H. (I) Whoever gives information to an Inspector which he may require giving false or ask in the course of his duty and which such person either knows or has reason tobelie- information or ve to be false or does not believe to be true shall be punisheed with imprisonment for maintaining a term which may extend to six months, or with fine which may extend to one thousand false records or rupees or with both. registers. (2) Whoever, being required by or under this Act so to do maintains any record or register, which is false in any materia] particular, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year an.l also with fine. Wilful verifi- 56. (1) If any Inspector or any other officer exersing powers under this Act cation or dis- or any rule made thereunder wilfulJy verifies or stamps any weight or measure in contra- closure in con- vention of the provisions of this Act or of any rule made thereunder, he shall, for every travention of such offence, be punished with imprisonment for a term which may extend to one year, law. or with fine which may extend to two thousand rupees, or with both. (2) If any Inspector or other officer who enters into any presmises in the course of his duty wi1fully discloses except in the perforrnence of such duty, to any per- son any information obtained by him from such premises with regard to an)' trade secret or any secret in relation to any manufacturing process, he shall be punished with impri- sonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both. Vexatious 57. An Inspector or any other officer exerclSlng powers under this Act or any search. rule or order made thereunder who knows that there are no reasonable grounds for so doing, and yet - (a) searches, or causes to be searched, any house, conveyance or place; or (b) searches any person; or (c) seizes any weight, measure or other movable property, shall, for every such offence, be pusnished with imprisonment for a term which may-extend to one year or with fine which may extend to two thousand rupees, or with both. Penalty for con- 58. Whoever contravences anyprovision of this Act for the contravention of which travention of no punishment has been separately provided for in this Act, shall be punished with fine provisions not which may extend to two thousand rupees. separately pro- vided for. Presumption to 59. (1) If any person - be made in (a) makes or manufactures, or causes to be made or manufactured, an)' certain cases. false weight or measure, or (b) uses, or causess to be used, an)' false or unverified weight or measure in any transaction or for industrial production or for protection, or (c) sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred, any false or unverified weight or measure, it shall be presumed, until the contrary is proved, that he had done so with the knowlege that weight or measure was a false or unverified weight or measure, asthe casemay be. (2) If any person has in his possession, custody or control any false or '.' unverified weight or measure in such circumstances as to indicate that such weicht or . b measure is likely to be used in any transaction or for industrial production or for protec- tion, it shall be presumed, until the contrary is proved, that such false or unverified weight or measure was possessed, held or controlled by such person with the intention of using the same in an)' transaction or for industrial production N for protection. "When employer 60. (1) An)' employer who knows or has reason to t)clieve that any person to be deemed to employed by him has, in the course of such employment, contravened an)' provision of have abetted an this Act or any rule made thereunder, shall be deemed to have abetted an offence against offence. this Act: Provided that no such abetment shall be deemed to have taken place is such employer has, before the expiry of seven days from the date - (a) on which he comes to know of the contravention; or (b) has reason to believe that contravention has been made; intimated writing to the Controller the name of the person by whom such contravention was made and the date and other particulars of such contravention. • 15 (2) V;Loever is deemed under sub-section (r) to have abetted an offence against this Act shall be punished with imprisonment for a term which may extend 0 one year, or with fine 'which may extend to two thousand rupees, or with both. Explanat ion i--; Dismissal or termination of service of an emplo ·ee after the expiry of the period speci fierl in the proviso to sub-section (r) shall not absolve any employer of his liability, under this sub-section. 61. (I) If the person committing an offence under this Act is a company, Offences by every person, who, at the time the offence was committed, was in charge of, and was companies. responsible to, the company for the conduct of the business of the compan), as well as the company, shall be deemed to be guilty of the offence and shall be liable to be pro- ceeded against and punished accordingly; Providecl that nothing contained in this sub-section shall render any person Iiablc to punishment if he proves that the offence was committed without his knowledge or that he had exercised ;)]1 due diligence to prevent the commission of such offence. (2) Notwithstandinc anything contained in sub-section (I), where any offence under this Act has been committed by a company and it is proved that the off- ence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any Director, Manager, Secretary or other officer, he shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and puhished accordingly. Explanation. - for 1:),,:' purposes of this section, - (<1) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the finTl. 62. Notwithstanding anything contained in the law relating to criminal procedure Cognizance of in force in Sikkim , - offences. (a) no court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by thc Controller or any other officer authorised in this behalf by the controller by gene- ral or special order; (b) no court inferior to that of a Judicial Magistrate of the First Class shall try any offence under this Act; (c) any offence punishable under section 34, 36, 37, 38, 39, 40, 43, 49, 50, 51 or sub-section (3) of section 69 may be tried summarily by a M.agistrate .and no sentence of imprisonment for a term exceeding one year shall be passed in the case of any conviction for an offence which is tried surnmarilv under this section. 63. (r) Any offence punishable under section 37>38>39, 40,42, 43, 44,45, Compounding 4.6, 49, 5r, 53, 58 or sub-section (3) of section 69 may whether before or after the ins- of offences. titution of the prosecution, be compounded, by the Controller or such other Officer as may be authorised in this behalf by the Controller, on payment for credit to the State Government of such sum as the Controller or such other officer may specify: Provided (hat such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded. (2) Nothing in sub-section (T) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the first offence, committed by him, W;1S compounded. Explanation. - For the purpose of this sub-section, any second or subsequent offence committed after the expiry of period of three years from the date on which the offence was previously compounded, shall be deemed to be first offence. (3) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offen- der, in respect of the offence so compounded, and the offender, if in custody, shall be discharged forthwith. (4) No offence under this Act shall be compounded except as provided by this section. 64. The provisions of the Indian Penal Code, in so far as such provisions relate Provisions of to offences with regard to weights or measures, shall not apply to any offence which is Indian Penal Code punishable under this Act. not to apply to any offence un- der this Act. 16 CHAPTER XI M.ISCELLANEOUS' Transfer or 65 . (1) Where the business of a pel'son Iiccnscd under this Act is transmitted transmission of by sucession, intestate or testamentary, the heir or JegCltee, as the case may be, shall business. not carryon the business of such licensee either in his own name or in any other name, unless the heir or legatee has, before the expi]')' of sixty days after the date of such transmission, made to the Controller an application for the issue of a licence in accordance with the provisions of this Act: Provided that nothing in this section shall be deemed to prohibit the heir or legatee from carrying on business "3 such licenses [or the aforesaid period of sixty days, and, if he has applied for such licence, until he is granted the licence, or is, by notice in writ ins o informed bv _ the Controller that such licence cannot be ocranted to ~ him. }" (2) Where the business 0[' any person licensed under this Act is trans- ferred by sale, gift, lease or otherwise, the transferee or lessee, z., the case m"-)' be, shall not carryon such business either in his own name or in any other name, unless he has obtained a licence to carry on such business. Licences neither 66. A licence issued or renewed under this Act shall not be saleable or other- saleable nor tra- wise transferable. nsferable. Appeals. (1) Subject to thc pmv!s!ons 01' sub-section (2), an appeal shall lie - (a) from every decision under Chapter V, VI, Vl!, VIII or IX of this Act, of - (i) an Inspector; (ii) an additional Controller, to the Controller; and (b) from every decision of the Controller under Chapter V,VI, VlI, VIII or IX of this Act, not being a decision made in appeal vnder clause (a), to thc State Government of any officer specially authorised in this behalf by the Government. (2) Every such appeal shall be preferred within sixty days form the date of the decision appealed against: Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from prefelTing the appeal within the said period of sixty days, permit the appealiant to prefer the appeal within a further period of sixty days. (3) On receipt of any such appeal, the appellate nuthorit y shall, after giving the parties to the appeal a reasonable opportunity of being he,'ld and after l1nkillg such inquiry as it deems proper, make such order, as it may think fit, confirming, mo- difying or reversing the decision appealed against, or may send back the case with such direction as it may think fit for fresh decision after taking additional evidence, if nece- ssary. (4) Every appeal shall be preferred on payment of such fees, not excee- ding twenty-five rupees, as may be prescribed. (5) The State Government m"y on its own motion or otherwise call for and examine the record of any proceeding (including <.\ proceeding in appeal) in which any decision or order has been made, for the purpose of satisfying itself as to the correc- tness, legality or propriety of such decision or order and may pass such orders thereon as it may think fit: Provided that no decision or order shall be varied under this sub-section so as to prejudicially affect any person unless such person has been given reasonable oppor- tunity of showing cause against the proposed action. Levy of fees. 68. The State Government may, by rules made under section, 69, levy such fees, not exceeding - (a) one hundred rupees, for the issue or renewal of licence for making manufacturing, repairing or selling any weight or maeasure ; (b) fifty rupees, for the alteration of any licence; (c) five thousand rupees, for the verification of' any weight or measure, (d) ten rupees, for the adjustment of any 'Neight or measure; (e) ten rupees, for the issue of a duplicate of a Iicei.ce or certificate of verification; (f) one rupee, for everyone hundred words or less, for the grant of copies of any document, not being a document of a confidential nature; (g) twcnty {i.verupees, for any appeal preferred under this Act; 17 (I) The State Government may, by notification,· make rules to give Power to make effect to the provision of this Act. rules. (2) In particular, and without prejudice to the generality of the fore- going power, such rules may provide for 'all or an)' of the following maters, namel -- (a) the class of goods, undertaking or users in relation to which no transaction, dealing or contract shall be made or had except bv such weight, measure, or number; (b) the place at which, and the custody in which, the following stan- dards shall be kept, namely:- (i) reference standards; (ii) secondary standards; (iii) working standards; (c) the person by whom or authority by which and the place at which the follOWing standards shall be verified, authenticated and stamped, namely:- (i) secondary standards; (ii) working standards ; (d) the form in which and the manner in which an application shall be made for the issue or renewal of a licence to carryon business as a maker, manufacturer, repairer or dealer of any weight or measure; (e) the form which and the conditions, [imitatlons and restrictions subject to which any licence may be issued and the period of validity of such licence; . (f) the sum to be furnished by a repairer as security of a licensee; (g) the description of weight or mesure which may be sold by a user, (11) disposal of weights or measures after cancellation of licence and the distribution of the proceeds thereof; (i) the records and the registers relating to weights or measures to be maintained by makers, manufacturers, repairers or dealers; (j) the period within which wCights or measures shall be verified or re- verified; •. (k) the steps to be taken for verifying any weight or measure which can- not be moved from its location; (I) the form in which a certificate of verification of any weight or mea- sure shall be granted; (m) subject to the provisions of section 26, the purposes for which an Inspector may enter any premises; (n) the manner of disposal of seized articles which are subject to speedy or natural decay; (0) manner of defecement of rejected weights or measures; (p) the form in which appeals may be preferred and the proceedure for the hearing of appeals; (q) the amounts of fees which may be levied and collected for each of the maters specified in section 68; (1') any other matter which is required to be, or may, be, prescribed, (3) In making any rule under this section, the State Government may provide that a breach thereof shall be punishabe with fine. which may extend to one thousand rupees. (4) The power to make rules under this section shall be subject to the condition of the rule being made after previous publication in the official Gazette. (5) Every rule made under this section shall as soon as may be after it is made, be laid before the State Legislature. 70. (I) Where any type of ·weight or measure manufactured by a licensed Power of State manufacturer is such that all the weights or measures of that type manufactured by him Government to within the State of Sikkim is intended to be sold, distributed or delivered therein, the make provisions State Government may, by notification, direct that the model of every such type of of Central Act weight or measure shall be submitted for approval in accordance with the provisions of relating to ap- sections 36, 37 and j0 of the Central Act, and thereupon the provisons of the said sections proval of models 36, 37 and 38 shall become applicable to such model, and references in those sections applicable to to the "Central Government" and the "Central Act" shall be construed as references models of respectiv . e Iy to t I r ' e 'S tate G overnmen t" an d "tl · · 11S Act" . WCI . g hts or mea- sures intended to be used ex- clusively wi- thin the State. 18 (2) Where the State Government makes a direction under sub-section (1)in relation to any type of weight or measure, any contravention of the provisions of sections 36, 37 or 38 of the Central Act in relation to that type of weight or measure shalT be an offence punishable under this Act and the punishment provided therefor in the Central Act shall be deemed to be the punishment provided therefore in this Act as if the said provisions relating to punishments were enacted by this Act. Act where not 71. The provisions of this Act, in so far as they relate to the verification and to apply to the stamping of' weights or measures used for industrial production or for protection, shall Armed Forces not apply to any factory exclusively engaged in the manufacture of any arm or of the Union. .ammunition or both for the use of the Armed Forces of the Union. Repeal and Savings. 72. (1) On and from the commencement of this Act, the provisions contai- ned in Notification No. 9250-1999jB dated the 8th March, 1966 and all other Sikkim Laws in force in Sikkim relating to matters for which provisions have been made in this Act shall cease to have any force and effect. (2) Without prejudice to the provISIons contained in the Sikkim Inter- pretation and' General Clauses Act, 1977, with respect to repeals, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given, under any Sikkim law shall, if in force at the commencement of this Act, continue to be in force and have effect as if made, issued or given under the corresponding provisions of this Act: By Order of the Governor, R. K. GUPTA, Secretary to the Government of Sikkim, Law & Legislative Department, Government of Sikkim- F. No. 16 (60) LL/78. ------ THE, SIKKIM GOVER.NMENT FRESS, PR!NTED