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Bare acts > Himachal Pradesh Standards of Weights and Measures (Enforcement) Rules, 2004 > Rule 18
 
  


 

18. Disposal of seized weights, measures, etc.- (1) Any weight or measure or document or thing seized and detained under sections 30 or 31 of the Act, which is not to be the Subject of proceedings in a Court, shall after expiry of sixty days of its seizure, be so dealt with as the Controller may, by general or special order direct, and the materials thereof shall be sold and the proceeds credited to the Government:

Provided that the Controller may direct that an un-verified weight or measure shall be returned to the person from whom such weight or measure was seized if that person gets the same verifies and stamped, within ten days of the return, on payment of the fee as specified in Schedule IX including the additional fee payable for undertaking re-verification after expiry of the validity of the stamp.

(2) Any weight or measure or document or thing seized and detained under sections 30 or 31 of the Act, which is to be the subject of proceeding in a Court, shall be produced by the Inspector before the Court shall, after conclusion of the proceedings, be taken possession of by the Inspector and dealt within accordance with the orders of the Court:

Provided that in the absence of the orders of the Court, weight or measure or document or thing shall be dealt with as the Controller may be special order direct and the materials thereof shall be sold and the proceeds credited to the Government.

(3) If any goods, seized under section 30 or 31 of the Act, are subject to speedy or natural decay, the Inspector shall have the goods weighed or measured on a verified weighing or measuring instrument available with him or near the place of offence and enter the actual weight or measure of the goods in a form specified by the Controller for this purpose, and shall obtain the signature of the trader or his agent or such other person who has committed the offence. The goods in question shall be returned to the trader or the purchaser as the case may be:

Provided that if the trader or his agent or the other person (who has committed the offence) refuses to sign the form, the Inspector shall obtain the signature of not less than two persons present at the time of such refusal by the trader or his agent or other person present at the time of such refugers by the trader or his agent or other person in the case of goods returned to the traders, he shall give an undertaking that he shall not sell the deffective goods without rectifying the defects thereon;

(4) Where the goods seized under sub-section (1) of section 29 of the Standards Act are contained in a package and the package is false or does not conform to the provisions of the Act or any rule made thereunder and the goods in such package are subject to specify to speedy or natural decay, the Inspector so far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (3).

Provided that the Controller shall be final authority to decide as to whether the goods seized and detained are subject to speedy and natural decay

(5) Where the goods seized under sub-section (1) of section 29 of the Standards Act are not subject to speedy or natural decay, the Inspector may retain the package for the purpose of prosecution under this Act after giving the trader or his agent or the other person (who is deemed to have committed the offence) a notice of such seizure.

(6) The goods referred to under sub-rule (4) which are not to be the subject to be proceeding in the court be so dealt with as prescribed below:-

The goods referred to under sub-rule (4) which are not to be tje sinkect tje rpceedomg om a cpirt sja;; after the expiry of sixty days of its seizure be so dealt with as the Controller may be special Order direct.

 

 

 

 

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