Section 34 of (Enforcement) Act, 1958 — Penalty for neglect or refusal to produce weight or measure, etc., for inspection
Bare section text
Official Legislative Text
Penalty for neglect or refusal to produce weight or measure, etc., for inspection.-Whoever-
- (a)refuses or neglects to produce for inspection under section 17, any weight or measure or weighing or measuring instrument or any document or record relating thereto in his possession or on his premises, or
- (b)refuses to permit an Inspector to inspect and verify any such weight, measure, instrument, document or record, or
- (c)obstructs the entry of an Inspector under section 17, or
- (d)otherwise obstructs or hinders an Inspector in the performance of his duties under this Act, shall be punishable with fine which may extend to five hundred rupees.
Educational Study Layer
Summary
- This section penalizes anyone who refuses or neglects to produce weights, measures, weighing instruments, or measuring instruments for inspection under Section 17.
- It applies to anyone who refuses or neglects to produce related documents or records in their possession or on their premises.
- It penalizes refusing to permit an Inspector to inspect and verify weights, measures, instruments, documents, or records.
- It outlaws obstructing the entry of an Inspector under Section 17, or otherwise obstructing or hindering an Inspector in the performance of their duties.
- The penalty for committing any of these acts of neglect, refusal, or obstruction is a fine which may extend to five hundred rupees.
Practical examples
FAQ
1. What is the fine under Section 34 of this Act if I refuse to let an Inspector check my scales?
If you refuse to permit an Inspector to inspect and verify your weights, measures, or instruments, you can be fined up to five hundred rupees under Section 34 of this Act.
2. Can I be prosecuted under Section 34 of this Act for not having my business records ready?
Yes, under Section 34(a) of this Act, refusing or neglecting to produce any document or record relating to weights and measures in your possession or on your premises is punishable with a fine of up to five hundred rupees.
3. Is physical force required to commit an offence of obstruction under Section 34 of this Act?
No, Section 34 of this Act covers neglecting to produce items, refusing to permit inspection, and otherwise hindering or obstructing the Inspector, which does not require physical force.
Practice Quiz
Q1.Under Section 34 of this Act, what is the maximum fine that can be imposed on a merchant who refuses to produce their commercial weighing records when requested by an Inspector?
Q2.Under Section 34 of this Act, which of the following is NOT listed as a punishable offence?
Q3.If a trader locks their shop door to prevent an Inspector from entering to inspect commercial weights under Section 17, which provision of this Act is violated and what is the maximum penalty?
Q4.An Inspector asks a merchant to produce their scale for verification. The merchant ignores the request and continues serving customers. Which clause of Section 34 of this Act does this neglect directly trigger?