State Act

THE UTTAR PRADESH WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1959

16- (1) An Inspector may, within the area under his jurisdiction, inspect at all reasonable times, the weights, measures and weighing and measuring instruments which are used in transactions for trade or commerce or are in the possession of any person or [are on any premises where such transactions are usually carried on]1 and may verify every such weight of measure or weighing or measuring instrument with a secondary or working standard [weight or measure or weighing or measuring instrument.]2 (2) For the purpose of verifying the correctness of any weight or measure used in any transaction an Inspector may also verify the weight or measure of any article sold or delivered in the course of the transaction. (3) An Inspector may, at all reasonable times, require any trader or any employee or agent of a trader to produce before him for inspection [all weights, measures and weighing and measuring instruments which are used by him in transactions for trade or commerce or are in his possession or are kept on any premises where such transactions are usually carried on]3 and all documents and records relating thereto and such trader, employee or agent shall comply with such requirements. (4) An Inspector may seize and detain any weight or measure or weighing or measuring instrument regarding which an offence under this Act appears to have been committed or which appears to have been or which might be used in the commission of such an offence, and may also seize and detain any articles sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any documents or records relating thereto. (5) Where an Inspector has reasons to believe that a sealed package or container docs not actually contain the net weight or measure of the article which it purports to contain, the Inspector may break open the scaled package or container and verify its contents, and if, on such verification, the net weight, or measure of the article is found to be correct the Inspector shall reseal the package or container where it is possible so to do without injury to the contents thereof and attach a certificate thereto stating the correct weight or measure of the article, but if the net weight or measure of article is found to be incorrect, the Inspector may seize and do to in the package or container and the article contained therein [:]4 [Provided that where it is not possible to reseal the package or container as a foresaid with out injury or to the contents, thereof, the Inspector shall buy the package or container along with its contents, paying the cost thereof calculated at the rate at which the article is usually sold to the public.]5 (6) For the purpose of such Inspection, an Inspector may, at all reasonable times, enter into any place where weights, measures or weighing or measuring instruments are used or kept for use in transactions for trade or commerce and inspect such weights and measures and weighing and measuring instruments. 2[Explanation-- Where any premises are partly used for trade and partly for dwelling purposes, the whole of such premises may, for the purposes of this sub-section be treated as a place where weights or measures or weighing or measuring instruments are used or kept for use in transactions for trade or commerce.]