Section 23 of (Enforcement) Act, 1958 — Penalty for sale or delivery by weight or measure other than standard weight or measure
Bare section text
Official Legislative Text
Penalties
Penalty for sale or delivery by weight or measure other than standard weight or measure.-Whoever, after the expiry of three months from the commencement of this section, sells or causes to be sold or delivers or causes to be delivered in the course of any transaction for trade, business or commerce any article by any denomination of weight or measure other than that of the standard weight or measure [or whoever after the commencement of the Weights and Measures Enforcement (amendment) Act, 1963, keeps any unit of mass or measure other than the standard weigh+ or measures in any premises where such transactions are usually conducted] shall be punishable, for a first offence with fine which may extend to five hundred rupees, and for a second or subsequent offence, with imprisonment for a term which may extend to three months, or with fine, or with both.
Educational Study Layer
Summary
- Selling, causing to be sold, delivering, or causing to be delivered any article by any unit of weight or measure other than standard weight or measure is prohibited after three months from the commencement of this section.
- Keeping any unit of mass or measure other than standard weights or measures in any premises where transactions are usually conducted is prohibited after the commencement of the Weights and Measures Enforcement (Amendment) Act, 1963.
- A first offense under this section is punishable with a fine which may extend to five hundred rupees.
- A second or subsequent offense is punishable with imprisonment for a term which may extend to three months, or with a fine, or with both.
Practical examples
FAQ
1. What is the penalty for a first-time offense of selling goods using non-standard weights under Section 23?
Under Section 23 of this Act, a first offense is punishable with a fine that may extend to five hundred rupees.
2. What are the consequences of a second offense under Section 23 of this Act?
For a second or subsequent offense under Section 23 of this Act, the penalty is imprisonment for a term up to three months, or a fine, or both.
3. Is it illegal to keep non-standard weights in my shop even if I do not use them to sell things under Section 23?
Yes, under Section 23 of this Act, keeping any unit of mass or measure other than standard weights or measures on premises where transactions are usually conducted is punishable.
4. How much time is given after Section 23 starts before selling by non-standard weights becomes punishable?
Under Section 23 of this Act, the penalty applies to anyone who sells or delivers using non-standard units after the expiry of three months from the commencement of this section.
Practice Quiz
Q1.A trader sells sugar using a non-standard weight unit five months after Section 23 of this Act comes into force. This is the trader's first offense. What is the maximum penalty they face under Section 23?
Q2.A shopkeeper is caught for the second time keeping non-standard units of mass on their commercial premises after the commencement of the Weights and Measures Enforcement (Amendment) Act, 1963. Under Section 23 of this Act, what penalty can be imposed?
Q3.Under Section 23 of this Act, when does the prohibition against selling or delivering articles by non-standard weights or measures take effect after the section commences?
Q4.A merchant does not use non-standard measures but keeps them stored in their retail shop where transactions are usually conducted. Under Section 23 of this Act, is this action punishable?