The uttar pradesh weights and measures (enforcement) act, 1959

170 
 
THE UTTAR PRADESH WEWHTS AND MEASURES  
(ENFORCEMENT) ACT, 19591 
[U. P. ACT V OF 1959] 
 
Amended by- 
U. P. Act no. 1 of 1963 
U. P. Act no. XV of 1966 
 
[Passed in Hindi by the Uttar Pradesh Legislative Assembly on 11 , 1959, and by 
the Uttar Pradesh Legislative Council on February 20, 1959 
Received the assent of the on March 6, 1959 under Article 200 of ‘the Constitution 
of India’, and was published in the Uttar Pradesh Gazette Extraordinary, dated March 9, 
1959].  
AN 
ACT 
to provide for the enforcement of stand ard weights and measures and or matters 
connected therewith 
WHEREAS it is expedient to provide for the enforcement of standard weights and 
measures and for matters connected therewith;  
It is hereby enacted in the Tenth Year of the Republic of India as follows :- 
Short title,  
extent and  
commencement  
 
 
1- (1) This Act may be called the Uttar Pradesh weig hts and Measures 
(Enforcement) Act, 1959. 
(2) It extends to the whole of Uttar Pradesh.  
(3) It shall come into force on such date as the State Government may , by 
notification in the  official Gazette, appoint and different dates may be 
appointed for different provisions of this Act or for different areas or for 
different classes of undertakings or for different classes of goods. 
 
1- For statement of objects and  reasons see U.P. Gazette Extrao rdinary, dated February 21, 
1959. 
2- For enforcement of different provisions of this Act see notification nos. WMA -1/XXIX-A-
524-58, dated March 11, 1960, WMA -2/XXIX-A-524-58, dated March 11, 1960, WMA -
3/XXIX-A-524-58, dated March 11, 1960, WMA-4/XXIX-A-524-58, dated March 11, 1960, 
UPWM-1316/XXIX-A-524-58, UPWM -1(3)-7/XXIX-A-524-58, UPWM -1(3)-8/ XXIX-A-
524-58, UPWM -1(3)-9/XXIX-A-524-58, UPWM -1(3)-10/XXIX-A-524-58, UPWM -1(3)-
14/XXIX-A-524-58, UPWM -1(3)-12/XXIX-A-524-58, UPWM -1(3)-14/ XXIX-A-524-58, 
UPWM-1(3)-14/XXIX-A-524-58, dated June 4, 1960, UPWM -1(3)-17/XXIX-A-524-58, 
UPWM-1(3)-18/XXIX-A-524-58, UPWM-1(3)-19/XXIX-A-524-58, UPWM-1(3)-20/XXIX-
A-524-58, UPWM-1(3)-21/XXIX-A-524-58, dated August 29, 1960, UPWM -8-23/XXIX-D-
529-60, dated December 13, 1960, UPWM -1(3)-25-850/XXIX-D-524-58, dated March 17, 
1961, UPWM -1(3)-27-2400/XXIX-D-524-58, dated August 19, 1961, UPWM -10-29-WM-
2538/XXIX-D-524-58, dated September 14, 1961, UPWM -1(3)-30-2904/XXIX-D-524-58, 
dated October 21, 1961, UPWM -1(3)-3018/XXIX-D-596-60, dated October 21, 1961, 
UPWM-1(3)-3018/XXIX-D-596-60, dated October 31, 1961, UPWM -1(3)-163/XXIX-D-
524-58, dated February 7, 1962, UPWM-1(3)-32-888/ XXIX-D-524-58, dated May 17, 1962, 
UPWM-40(33)-WM-1411/XXIX-D-9. WM-62, dated Sep tember 27, 1962, UPWM -1(3)-34-
1937/XXIX-D-481-56, UPWM -1(3)-35-2411/ XXIX-D-481-56, dated December 19, 1962, 
UPWM-1(3)-37-446/XXIX-D-524-58, dated July 27, 1963 of U.P. Bat and Map (Prachalan) 
(Sansodhan) Adhiniyam, 1962 (U.P. Act No. 1 of 1963), UPWM -8-3873/XXIX-D-20-58-66, 
dated August 4, 1966, UPWM-1(3)-389/XXIX-D-54-WM-64, dated February 18, 1967. 
171 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]             [Section 2] 
 
Definitions  2- In this Act, unless the context otherwise requires-  
(a) "Central Government" means Central Government, as defined in 
section 3 (8) of the General Clauses Act, 1897, Act X of 1897 ;   
(b) "Commercial weight or measure" means a weight or measure 
purporting to be a standard weight or measure used in any trans action for 
trade or commerce;  
(c) "Controller" means the Controller of  'Weights and Measure" 
appointed under section 14, and shall include Deputy Controller or Assistant 
Controller ;  
(d) "Inspector" means an Inspector of Weights and Measures, appointed 
under section l4;  
[(e) "measuring instrument" means any measuring instrument other than a 
weighing instrument and includes any instrument for determining the l ength, 
area, volume, capacity, quality, temperature or density of any article;]1 
[(f) "Mint" has the same meaning as in the Indian Coinage Act, 1906;]2  
(g) "Prescribed" means prescribed by rules made under this Act;  
(h) "Standard weight or measure" means any unit of mass or measure 
referred to in sub -section (1) of section 13 of the standards of we ights and 
Measures Act, 1956, (and includes any other weight  measure permitted to be 
used by the central Government in pursuance of sub -section (1) of section 14 
of the aforesaid Act;  
(i) "Reference standards" means the sets of standard weights and 
measures supplied to the State Government by the central Government in 
pursuance of sub -section (2) of section 15 of the standards of Weights and 
Measures Act, 1956 (Act 89 of 1956);  
[(ii) "sealed package of container", means a closed packet, beetle, casket, 
tin, barrel, case, receptacle, ba g, sack, wrapper o r the thing in when any 
article is placed or packed and which is intendment to be sold with its 
contents without any weighment or measurement of such  contents at the time 
of sale;]3  
(j) “Stamping” means ma rking in such manner as to be to far as 
practicable, indelible and includes casting, engraving, etching and branding ;  
[(jj) “use in transactions for trade or commerce ”, with its grammatical 
variations and cognate expressions, means use for the purpose of  determining 
or determining or declaring the quantity of anything in terms of measurement 
of length, area, volume, capacity or weight in or in connection with— 
(a) any contract, whether by way of sale, p urchase, ex­change of 
otherwise; or  
(b) any assessment of royalty, toll, duty or other dues  or  
 
 
1- Subs. by 8. 2 (a) of U.P. Act XV of 1966. 
2- Subs. by 8 2 (b) ibid. 
3- Ins. by 8. 2 © ibid. 
172 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]   [Section 3-4] 
 
  (c) the assessment of work done or se rvices rendered, otherwise than 
in relation to research or scientific studies or in individual house -hold 
purposes;]4 
(k) "Verification" with its grammatical variations used with reference to a 
weight or measure or weighing or measuring instrument, include s the process 
of comparing, checking or testing such weight or me asure or  weighing or 
measuring instrument and also includes re-verification ;  
(1) "Weighing instrument" means any instrument for weighing and 
includes scales with the we ights belonging there to, scale­ beams, balances, 
spring balances [steelyards]1 and other weighing machines.  
 
 CHAPTER II 
STANDARD WEIGHTS AND MEASURES 
Working 
standards  
3- (1) For the purpose of verifying the correctness of commercial weights and 
measures and weighing and measuring instruments used in transactions for trade or 
commerce, the State Government may cause to be prepared as many sets of 
authenticated standard weights and measures, as it may deem necessary, to be 
called "the working standards" [***]2 
(2) The workin g standards shall be made of such material and according to 
such designs and specification and shall be prepared by such agency and shall be 
stamped and authenticated by such person or authority and in such manner as may 
be prescribed.  
(3) The working standards shall be kept at such places, in such custody and in 
such manner as may be prescribed.  
(4) A working standard shall be verified with the secondary standard and 
marked by such persons, at such places at such intervals and in such ma nner as 
maybe prescribed. [***]3  
(5) A working standard which is not so verified and marked within the 
prescribed period shall not be deemed legal or be used for the purposes of this Act.  
(6) A working standard which has become defective shall not be deemed legal 
or be u sed for the purposes of this Act, until has been verified and m arked in the 
prescribed manner. 
 
Secondary 
standards 
4- (1) For the Purpose of verifying the correctness of the working standards, the 
State Government may cause to be prepared at the mint as many sets of 
authenticated standard weights and measures as it may deem necessary, to be 
called the secondary standard. 
(2) The secondary standard  shall be made of such material and according to 
such design s and specifications as may be prescribed and shal l be -stamped and 
authenticated by such person or authority as the Central Government may direct.  
 
 
1- Subs by section 2 (ii) of U.P. Act 1 of 1963. 
2- The words omitted by s. 3 ibid. 
3- The proviso omitted by s. 3. (b), ibid. 
4- Subs. section 2(d) Act no. 15 of 1966. 
173 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]   [Section 5-8] 
 
  (3) The secondary standards shall be kept at such places, in such custody and 
in such manner as may be prescribed.  
(4) A secondary standard shall be verified/with the r eference standard at least 
once in every period of five years an d shall be marked with the date of verification 
in the prescribed manner by such person or authority as the State Government may 
direct.  
 (5) A secondary standard which is not so verified and  marked within the 
aforesaid period shall not be deemed legal and shall not be used for the purposes of 
this Act.  
 
Reference   
standards  
5- The reference standards shall be kept at such places, in such custody and in 
such manner as the State Government may direct.  
 
Standard 
weighing and  
measuring 
instruments  
 
6- (1) For the purpose of verifying the correctness of commercial weights and 
measures and of weighing and measuring instruments used in transactions for trade 
or commerce, the State Government may cause to be prepared as many sets of 
weighing and measuring instruments as it may deem necessary.  
(2) Such instruments shall be of such kind, kept in such number and shall be 
verified and stamped in such manner as may be prescribed.  
(3) Such instrume nts shall be kept at all places where secondary standard or 
working standards are kept.  
 
Prohibition of 
use of weights 
and measures  
other than  
standard 
weights and  
measures  
 
7- [(1) Notwithstanding anything contained in any other law or any custom, 
usage or practice, no unit of mass or measure other than a standard weight or 
measure shall after the expiry of three months from the commencement of this 
section be used in any trans action for trade or commerce in any area or class of 
goods or under taking s in respect of which this section has come into force or be 
kept in any premises where such transactions are usually carried on.  
(2) Any transaction entered into in contravention of the provisions of sub-
section (1) shall be void.]1 
(3) Any custom, usage , practice or method of whatsoever nature which 
permits in any trade a trader, seller or buyer to demand, receive or cause to be 
demanded or received any quantity of article in excess of, or less than the quantity 
fixed by the weight or measure by which th e contract or dealing in respect of the 
said article has been made, shall be void.  
 
Power to  
prescribe the 
use of weights 
only or 
measures only 
in certain cases 
8- (1) Notwithstanding anything contained in this Act the State Government 
may, by notificat ion in the official Gazette direct that in any specified trade or 
class of trades no [transaction for trade or commerce]2 shall be made or had except 
by weight, or measure, as the case may be.  
(2) A notification issued under this section shall take effect  in such area, with 
effect from such date, and subject to such conditions, if any, as may be specified 
therein.  
  
1. Subs. by section 3 of U. P. Act XV of 1966. 
2. Subs. by section 4 ibid. 
174 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]   [Section 8A-13] 
 
 [CHAPTER II-A 
Registration of persons Using weights or measures or weighing or measuring 
instruments in transaction for trade or commerce 
 
Registration of 
persons using 
weight or  
measures or  
weighing or  
measuring 
instruments in   
transactions 
for trade or  
commerce  
 
8-A (1) No person, not being an itinerant vendor, shall in the ordinary course of 
business use any weight or measure or weighing or measuring instrument in any 
transaction for trade or commerce unless he registers himself wit hin the prescribed 
period with the Controller and obtains from him a certificate in token thereof.  
(2) Every application for r egistration under sub -section (1) shall be made to 
the Controller and shall contain such particulars as may be prescribed.  
(3) If the Controller is satisfied that an application for registration is in order, 
he shall register the application and Issue to the applicant a certificate of 
registration in the prescribed form.]3 
  
 CHAPTER III 
Verification and stamping of weights and measures 
Marking  of  
denominations 
on commercial 
weights and  
measures  
 
9- Every weight or measure manufactured for use as a commercial weight or 
measure shall bear the description of the weight or measure which it purports to be 
marked legibly on it in such manner as may be prescribed. 
[Prohibition of  
sale or use of  
un-stamped 
commercial  
weights and  
measures  
 
10- No weight or measure or weighing or measuring instrument shall lie [used be 
kept for use] 4 in any transaction for trade or commerce or so sold or delivered for 
such use unless it has been verified or re -verified in the manner prescribed and 
stamped in the prescribed manner by an Inspector with stamp of verification.]1  
Power  of  
State 
Government to  
exempt  
 
11- Where the size of a commerc ial weight or measure renders it impracticable to 
have any denomination marked on it under the provision of section 9 or to be 
stamped under the provisions of section 10, the State Government may, by 
notification in the official Gazette, exempt such weights or measures from being so 
marked or stamped.  
 
Prohibition of  
manufacture, 
etc. of weights  
and measures  
without licence 
 
12- No person shall manufa cture, repair or sell any [***] 2 weight or measure or 
any weighing or measuring instrument [or any part thereof]5 except under a licence 
obtained in the manner prescribed.  
Marking of  
weight or  
measure on  
sealed 
containers  
13- No person shall sell, offer for sale, expose for sale, or have in his possession 
for sale; any article contained in a sealed package or container unless such package 
or container bears thereon, or on a label securely attached thereto a deception of 
the net weight or measure of the article contained therein :  
 
 
1. Section 10 Subs. by s 4 of U. P. Act 1 of 1963.  
2. The word "commercial "omitted by s. 5 ibid.  
3. New Chapter added by s. 5 of U. P. Act XV of 1966. 
4. Subs. by section 6 ibid. 
5. The words "or any part thereof" inserted by section 7 of U. P. Act XV of 1966.  
175 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]      [Section 13A-15] 
 
  [Provided that nothing in this section shall apply-  
(i) to any sealed package or container, the net weight of t he article 
contained  wherein--  
(a) in the case of biscuits, confectionary or other sweets, is less 
than 120 grammes; or  
(b) in the case of any other foodstuffs, is less than 60 grammes; or  
(ii) to any other article which is not ordinarily sold by weight or measure: 
Provide further that the State Government, if it is satisfied that the size of any 
class of sealed packages or con tainers renders it impractical to co mply with the 
provisions of this section, may, by notification in the Gazette, exempt such class 
from the operation of this section.]1  
 
[Prohibition of 
quoting price or  
expressing quality  
of any article  
other-wise than in   
terms of standard  
weight or measure  
 
13-A No person shall in any transaction for trade or commerce quote the price or 
express the quantity of any article in terms of any denomination of weight or 
measure other than one of the standard weights or measures.]2 
 
Appointment 
of Controller, 
Deputy 
Controller, 
Assistant  
Controller and 
Inspectors  
 
14- (1) The State Government may appoint a Controller of weights and Measures 
for the State and as many Deputy Controllers and Assistant Controllers and 
Inspectors of Weights and Measures, as may be necessary for exercising the 
powers and discharging the duties conferred or imposed on them by or under Act 
or the rules made thereunder.  
(2) The State Government may, by general or special order, define the loca l 
limits within which each Deputy Controller and Assistant Controller and Inspector 
shall exercise the powers and discharge the duties conferred or imposed on them 
by or under this Act or the rules made thereunder.  
(3) Subject to the provisions of this Ac t, all Deputy Controllers, Assistant 
Controllers and Inspectors of Weights and Measures shall perform their functions 
under the general superintendence and control of the Controller; and the 
Controller, the Deputy Controller and the Assistant Controllers o f Weights and 
Measures may, in addition to the powers and duties conferred or imposed on them 
by or under this Act, exercise any power or discharge any duty so conferred or 
imposed on Inspectors.  
Verification 
and stamping 
by Inspector 
15- (1) Every Inspe ctor shall, for the purpose of verification of weights and 
measures and weighing and measuring instruments, attend at such places and at 
such time within his jurisdiction, as may be appointed in this behalf by the 
Controller.  
(2) The Inspector shall verif y every weight or measure or weighing or 
measuring instrument which is brought to him for the purpose of verification and if 
he finds such weight or measure or weighing or measuring instrument correct and 
in conformity with the Standa rds of Weights and Mea sures Act, 1956 (Act no. 89 
of 1956) and the rules made thereunder, he shall stamp the same with a stamp of 
verification in the prescribed manner. 
 
1. Proviso of s, 13 substituted by s, s of U. P. Act XV of 1966.  
2. New section 13-A Ins. by s. 9 ibid.  
176 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]   [Section 16] 
 
Power  to  
inspect etc. 
16- (1) An Inspector may, within the area under his jurisdiction, inspect at all 
reasonable times, the weights, measures and weighing and measuring instrumen ts 
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 s econdary or working standard [weight or measure or wei ghing 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 docum ents or records relating 
thereto.  
(5) Whe re 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 possi ble so to do without injury to th e 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 possib le 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 co ntents, 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.  
 
 
 
 
1- Substituted by section 10 (i) of U.P. Act XV of 1966. 
2- Subs. by section 10 (i) ibid. 
3- Subs. by section 10. (ii) ibid. 
4- Subs full stop by section 10 (iii) ibid. 
5- Ins. by section 10 (iii) ibid. 
177 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]   [Section 17-20] 
 
  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.] 
 
Power of  
Inspector to, 
adjust weights 
or measures  
 
17- Where it appears to the State Government desir able that an Inspector should 
be allowed in any area to adjust the weights or measures or weighting or measuring 
instruments, it may, if it thinks fit, authorize such Inspector to adjust weights and 
measures or such instruments accordingly.  
 
Manufacturer 
etc. to maintain  
records and  
documents 
18- (1) Every manufacturer, repairer or dealer in weights and measures or 
weighing or measuring instruments and every person using them in transactions for 
trade or commerce shall maintain such  records and account s as may be prescribed 
and if required so to do by an Inspector, shall produce such records and accounts 
before him.  
(2) Notwithstanding anything contained in sub -section (1), if the State 
Government is of opinion that having regard to the nature of business carried on by 
any such manufacturer, repairer or dealer, it is necessary so to do, it may, by order 
exempt such person or class of persons from the operation of the said sub-section . 
 
Appeals  
 
19- (1) Subject to the provisions of sub-section (2), an appeal shall lie --  
(a) from every decision of an Inspector under this Act, to the Controller, 
and  
(b) from every decision of the Controller under this Act, not being a 
decision made in appeal under clause (a) of the State Government or any 
officer specially authorized in this behalf by the State Government. 
(2) Every such appeal shall be preferred within sixty days from the date of the 
decision.  
(3) On receipt of any such appeal the appellate authority shall, after giving the 
appellant a reasonable opportunity of being heard and after making such enquiry as 
it deems proper, decide the appeal and the decision of the appellate authority shall 
be final.  
 
Levy of fees  
 
20- The State Government may charge such fees-  
(a) for the grant of licences under se ction 12 for manufacture, repair or 
sale of [***]1 weights and measures and weighing and measuring instruments; 
and 
(b) for the verification, marking, stamping and adjustment of 
commercial weights and measures and weighting and measuring  instruments, 
as may be prescribed.  
 
 
1- The word commercial omit by sec. 6 of U.P. Act no. 1 of 1963. 
2- Ins. by section 10 (iv) of U.P. Act no. XV of 1966. 
178 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]            [Section 21-25] 
 
Validity of  
weights and  
measures duly  
stamped 
21- A weight or measure or weighing or measuring instrument, duly stamped by 
an Inspector under this Act, shall be a legal weight or measure or weighing or 
measuring instruments in all places ill which this Act has come into force un less it 
is found to be false or defective and shall not be liable to be re -stamped by reason 
merely of the fact that it is used in any place other than that in which it was 
originally stamped. 
 CHAPTER IV 
PENALTIES 
Penalty for  
sale or  
delivery by  
weight or  
measure other 
than standard 
weight or  
measure 
22- 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 or commer ce any article by any denomination of 
weight or measure other than one of the standard weights or measures, [or keeps 
any unit of mass or measure other than a standard weight or measure in any 
premises where such transactions are usually carried on ,]2 shall be publishable, for 
a first offence, with fine which may  extend to three hundred rupees,  and for a 
second or subsequent offence, with imprisonment for a period which may extend 
to two months, or with fine which may extend to three hundred rupees or with both. 
 
Penalty to sale 
of unstamped 
commercial 
weights and  
measures  
23-  Whoever sells or delivers any commercial weight or measure or any 
weighing or measuring instrument which has not been verified or verified or 
stamped in accordance with the provisi ons of this Act and the rules made 
thereunder shall be punishable with fine which may extend to five hundred rupees. 
  
Penalty for use 
of unstamped 
commercial 
weights and  
measures  
24- Whoever uses in any transaction for trade or commerce, or has in his 
possession for such use, any commercial weight of measure or any weighing or 
measuring instrument which has not been verified or re -verified or stamped in 
accordance with the provisions of this act and the rules made thereunder, shall be 
punishable for fir st offence with fine which may extend to three hundred rupees, 
and for a second or subsequent offence, with imprisonment for a period which may 
extend to two months or with fine which may extend to three hundred rupees or 
with both. 
Explanation 1-- When any such weight or measure or weighing or measuring 
instrument i8 found in the possession of any trader or any employee or agent of 
such trader, such trader, employee or agent shall be presumed, until the contrary is 
proved to have had it in his possession f or use in transactions for trade or 
commerce.  
Explanation 2 -- Where any weight or measure or weighing or measuring 
instrument is used or possessed in contravention of this section by any employee or 
agent of a trader on behalf of such a trader, such trade r shall, unless he proves that 
the offence under this section was committed by his employee or agent without his 
knowledge or consent be also deemed to be guilty of the offence.  
 
Penalty for  
manufacture of 
weights, etc.  
without licence   
25- Where any person manufactures, repairs or sells any [***]1 weight or measure 
or weighing or meaning instrument [or any part thereof] 3 without obtaining a 
licence as required by section 12, shall be punishable with imprisonment for a 
period which may extend to three months, or with fine which may extend to five 
hundred rupees or, with both.  
 
 
1- The word ‘commercial’ omit by sec. 6 of U.P. Act no. 1 of 1966. 
2- Ins. by sec. 11 of U.P. Act No. XV of 1966. 
3- Ins. by section 12 ibid. 
179 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]            [Section 26-31] 
 
Penalty for use 
of weight or  
measure in  
contravention 
of section 8 
 
26- Whoever contravenes any of the provisions of a notification issued under 
section 8 shall be punishable with fine which may extend to five hundred rupees.  
[Penalty for  
non-registration  
 
26-A Whoever contravenes the provisions of section 8 -A shall be punishable with 
fine which may extend to fifty rupees.]1  
Penalty for  
failure to mark  
weight or  
measure on  
sealed containers 
 
27-  Whoever contravenes the provisions of section 13 shall be punishable with 
fine which may extend to five hundred rupees.  
[Penalty for  
quoting prices  
or, expressing  
quantities in  
contravention 
of section 13-A 
 
27-A Whoever contravenes the provisions of section 13-A shall be punishable with 
fine which may extend to five hundred rupees.]2  
Penalty for  
fraudulent use  
of weight and  
measures, etc. 
28-  Whoever fraudulently uses any standard weight or measure or weighing or 
measuring instrument which he  knows to be false, shall be punishable with 
imprisonment for a period which may extend to one year, or with fine which may 
extend to five hundred rupees or with both.  
 
Penalty for  
being in  
possession of  
false weight or  
measures etc. 
29- Whoever is i n possession of any commercial weight or  measure or weighing 
or measuring instrument which he knows to be false, intending that the same may 
be fraudulently used, shall be punishable with imprisonment for a period which 
may extend to one year, or with fine  which may extend to five hundred rupees or 
with both.  
 
Penalty for  
making or  
selling false  
weight or  
measure, etc. 
30- Whoever [manufactures, repairs or sells or causes to be manufactured, 
repaired or sold] 3 any standard weight or measure weighing o r measuring 
instrument which he knows to be false, in order that the same may be used as  true, 
or knowing that the same  likely to be used as true, shall be punishable with 
imprisonment for a period which may extend to one year, or with a fine which may 
extend to five hundred rupees or with both.  
 
4[Penalty for  
delivering or  
receiving any  
quantity of  
article less than  
or in excess of  
the quantity  
fixed by the  
weight or 
measure in the  
contract Etc. 
31- Whoever-  
(i) in selling any  article by weight  or measure, delivers or causes to be 
delivered to the purchaser any quantity of that article less than, or 
(ii) in buying any article by weight or measure, demands or receives or 
causes to be demanded or received from the vendor may quantity  of-that 
article  in excess of, 
the quantity fixed by the weight or measure by which the contract or dealing 
in respect of that article has been made, shall be punishable with fine which may 
extend to five hundred rupees.]4 
 
 
1- New section 26-A insertion by section 13 of Act no XV of 1966. 
2- Ins. by section 14 ibid. 
3- Substituted by section 15 ibid 
4- Subs. by section 16 ibid. 
180 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]            [Section 32-35] 
 
Penalty for  
forging of  
weights, 
measures etc. 
32- (1) Whoe ver forges or counterfeits any stamp used under this Act for the 
stamping of any standard weight or measure or weighing or measuring instrument 
or possess any such counterfeit stamp or removes a stamp from any standard 
weight or measure of weighing or meas uring instrument and inserts the same into 
another, weight or measure or weighing or measuring instrument or willfully, 
increases or diminishes a weight or measure so stamped,  stall be punishable with 
imprisonment for a period which may extend to one year , or with fine which may 
extend to five hundred rupees or with both.  
(2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight 
or measure or weighing or measuring instrument with such forged or counterfeit 
stamp thereon or a weight or a measure so increased or diminished shall be 
punishable with imprisonment for a period which may extend to six months or 
with fine which may, extend to five hundred rupees or with both.  
 
 
Penalty for  
neglect or  
refusal to  
produce weight  
or measures etc. 
for inspection. 
33- Whoever-  
(a) refuses or neglects to produce for inspection under section 16, any 
weight or measure or weighing or measuring instrument or any document or 
record relating  there to, in his possession or on his premises; or  
 (b) refuses to permit an Inspector to inspect and verify any, such weight, 
measure, instrument, document on record; or 
(c) obstructs the entry of an Inspector under section  16; or  
(d) otherwise obstructs or hinders an Inspector in the  performance of his 
duties under this Act,  shall be punishable with fine which may e xtend to [one 
thousand rupee.]1 
 
Penalty for  
breach of duty 
by inspector 
34- If an Inspector knowingly stamps a weight or measure or weighing or 
measuring instrument in contravention of the prov isions of this Act or of the rules 
made thereunder, he shall be punishable with imprisonment for a period which 
may extend to one year, or with fine which may extend to five hundred rupees or 
with both.  
 
 CHAPTER V 
MISCELLANEOUS 
Protection of  
action ta ken in 
good faith 
35- No suit, prosecution or other legal, proceed in shall the against the Controller, 
or any Deputy Controller or Assistant Controller of Weights and Measures or any 
Inspector or any other person appointed under this Act in respect of any thing 
which is in good fai th done or intended to be done in  pursuance of this Act or the 
rules made thereunder.  
 
 
  
1- Subs by section 17 of U.P. Act no. XV of 1966. 
181 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]            [Section 36-39] 
 
Controller, etc. 
appointed under 
the Act to be 
public servants 
 
36- The Controller, every Deputy Controller, Assistant Controller and Inspector 
appointed under this Act shall be deemed to be a public servant within the meaning 
of section 21 of the Indian Penal Code, 1860 (Act XLV of 1860).  
Cognizance of 
offence etc.  
 
37- (1) No court shall take cognizance of an offence punish able under this Act 
except upon complaint in writing made by the Controller or any officer authorized 
in this behalf by the Controller by general or special order.  
(2) No court inferior to that of a magistrate of first class shall try any offence 
punishable under this Act.  
 
[Composition 
of offences,  
 
 
37-A (1) Any offence punishable under section 22, section 23, section 24, se ction 
26, section 26 -A, section 27, section 27 -A, section 31 or section 33, other than a 
second or a subsequent offence under section 22 or section 24 may, either before 
or after the institution of the prosecution, be compounded by the Controller on 
payment of such sum as he thinks fit.  
(2) On payment by the offender of such sum, the offender, if in custody, shall 
be set at liberty and if any proceedings in any criminal court have been instituted 
against the offender in respect of the offence, the composit ion shall be deemed to 
amount to an acquittal and no further criminal proceedings shall be taken against 
him in respect of such offence.]1  
 
Stamped 
weights, etc. to 
be presumed to 
be corrects 
38- A weight or measure or weighing or measuring instrument du ly stamped 
under the provisions of this Act and the rules made thereunder shall, if produced in 
any court by any Inspector having charge thereof or by any person acting under the 
general or special authority of the Controller, be presumed to be correct unt il its in 
accuracy proved.  
 
Offences by  
companies 
39-  (1) If the person committing an offence under this Act is a company, every 
person who, at the time the offence was committed, was in charge of, and was 
responsible to the company for the conduct of the business of the company as well 
as the company, shall be deemed to be guilty of the offence and shall be liable to 
be proceeded against and punished accordingly:  
Provided that nothing contained in this sub -section shall render any suc h 
person liable t o punishment if  he proves that the offence was committed without 
his knowledge or that he exercised all due diligence to prevent the commission of 
such offence.  
(2) Notwithstanding anything contained in sub -section (1), where an offence 
under this Act has  been committed by a company and it is proved that the offence 
has been committed with the consent or connivance of, or is attributable to any 
neglect on the part of, any [Managing Age nt, Secretaries and Treasurers]2 director, 
manager, secretary or other o fficer, such [Managing Age nt, Secretaries and 
Treasurers]2 director, manager, secretary, or other officer of the company shall also 
be deemed to be guilty of that offence and shall be liable to be proceeded against 
and punished accordingly.  
 
 
 
1- Add. by section 18 of U.P. Act no. XV of 1986. 
2- Ins. by Sec. 19ibid 
182 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]                [Section 40-43] 
 
  Explanation-  For the purposes of this section-  
(a) "company" means any body corporate and include s and firm or other 
association of individuals, and  
(b) "Director" in relation to a firm, means a partner in the firm. 
 
Delegation of 
powers 
40- The State Government may, by notification in the official Gazette direct that 
any power exercisable by it und er this Act, or rules made thereunder shall, in 
relation to such matters and subject to such conditions as may be specified in the 
direction, be exercisable also by such officer or authority subordinate to it its may 
be specified in the notification.  
 
Limits of error 
to be tolerated 
n weights and 
measures  
41- Subject to My rules, that may be made under the Standard a of Weights and 
Measures Act, 1956 (Act 89 of 19 56), in this behalf, the State Government may 
prescribe the permissible limits of error which may be tolerated-  
(a)  in secondary standards, referred to in section 4 ; 
(b)  in working standards referred to in section 3 ;  
(c) in commercial weights and measures or in selling articles  by weight 
or measure generally or as regards any trade or class of trades; and  
(d)  weighing and measuring Instruments. 
 
Repeal  42- The United Provinces weights and Measures Act, 1947 (U.P. Act no. XXIII 
of 1948) is hereby repealed and the provisions of section 6 and 24 of the U.P.  
General Clauses Act, 1904 (U. P. Act No. 1 of 1904) shall apply to it. 
 
Power to make 
rules 
43- (1) The State Government may, notification in the official Gazette, make rules 
to carry out the purpose of this Act. 
(2) In particular, and without prejudice to the generality  of the foregoi ng 
power, such rules may provide for all or any of the following  matters, namely-  
[(a) the manner in which weight and measures and weighing and 
measuring instruments may be verified, re-verified and stamped under section 
10 ;]2 
(b) the manner in which we ights and measures may be marked by 
manufacturers ;  
(c) the form and manner in which, the conditions' subject to which 
licences may be granted to persons for manuf acture, repair or sale of [***] 1 
weights and measures and weighing and measuring instruments ;  
(d) the qualifications, functions and duties generally of Inspectors under 
this Act ;  
(e) verification and stamping of weights and measures and weighing 
and measuring instruments and the period within which they are to be 
reverified ;  
 
 
 
1- Omitted by section 6 of U.P. Act no. 1 of 1963. 
2- Ins. by section 20(i) (b) of U.P. Act no. XV of 1966. 
183 
 
[The Uttar Pradesh weights and Measures (Enforcement) Act, 1959]                    [Section 44] 
 
  [(f) inspection of weights and measures and weighing and measure  
instruments used in transaction for trade or commerce [or kept on premises 
where such transactions are usually carried on.]1   
(g) the seizure, detention and disposal of [weights, measures, weighing 
and measuring instruments and other  referred to in s ub-section (4) of section 
16 ;]2 
(h)  [ *** ] 3 accounts and records relating to weights and measures and 
weighing and measuring instruments to be maintained and the manner in 
which they may be maintained or produced ;  
(i) the form and manner in which appeals  may be preferred against 
decisions of Inspectors and the procedure for hearing appeals;  
(j) the material, form and specification [***] 4 of commercial weights 
and measures and weighing and measuring instruments;  
[(j-1) the period within which an applicat ion for registration shall the 
made, the particulars that shall be contained therein, and the form in which 
the certificate of registration shall be issued, under section 8-A ;]5  
(k) any other matter which has to be, or may be prescribed.  
(3) In making a ny rule under this section the State Government may provide 
that a breach thereof shall be punishable with fine which may extend to five 
hundred rupees.  
(4) The power to make rules under this section shall be subject to the 
condition of previous publication in the official Gazette.  
[(5) All rules made under this Act shall as soon as may be after they are made, 
be laid before each House of the State Legislature, while it is in session, for a total 
period of not less than fourteen days extending in its one session or more tl1an one 
successive sessions and shall, unless some later date is appointed, take effect from 
the date of their -publication in the Gazette, subject to such  modifications of 
annulments as the two Houses of the Legislature may agree to make,  so however, 
that any such modification or annulment shall be without prejudice to the validity 
of anything previously done thereunder.]6 
 
[Savings   
 
44- Nothing in this Act shall apply to any weights or measures or weighing, or 
measuring instruments used by or in any unit or establishment under the control of  
the Union Ministry of Defence.]7 
 
 
 
 
 
 
1. Subs by sec. 20 (i) (b) of U.P. Act no. XV of 1966. 
2. Subs. By sec. 20 (i) (c) ibid. 
3. Omit. by Sec. 20 (i) (d) ibid. 
4. Omit. by Sec. 20 (i) (e) ibid.  
5. Ins. by Sec. 20 (i) (f) ibid.  
6. Subs. by Sec. 20 (ii) ibid.  
7. Add. by Sec. 21 ibid 

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