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[Cites 0, Cited by 0] [Section 28] [Entire Act]

State of Jammu-Kashmir - Subsection

Section 28(3) in The Jammu and Kashmir Standards of Weights and Measures (Enforcement) Act, 1997

(3)On inspection, whether under section 27 or under this section, the Inspector shall obliterate the stamp on-
(a)any weight or measure which, being due for verification has not been submitted for such verification;
(b)any weight or measure which, since the last verification and stamping has been repaired or re-adjusted, and does not after such repair or re-adjustment, conform to the standards established by or under the Central Act;
(c)any weight or measure which does not admit of proper adjustment by reason of its being broken, indented or otherwise defective;
(d)any weight or measure other than those specified in clause (b) or clause (c) which does not, or cannot be made to conform to the standards established by or under Central Act :
Provided that where the Inspector is of opinion that the defect or error in such weight or measure is not such as to require immediate obliteration of the stamp, he shall serve a notice on the user of such weight or measure informing him of the defect or error found in the weight or measure and calling upon him to remove the defect or error within such time, not exceeding eight days, as he may specify, and shall-
(i)if the user fails to remove the defect or error within that period, obliterate that stamp, or
(ii)if the defect or error is so removed as to make the weight or measure conform to the standards established by or under the Central Act, verify such weight or measure and put his stamp thereon.
Explanation :- The obliteration of the stamp on any weight or measure shall not take away or abridge the power of the Inspector to seize such weight or measure in accordance with the provisions of this Act.