Section 25 in The Punjab Agricultural Produce Markets (General) Rules, 1962
25. Weighment.
- [Section 43(2)(x)] (1) The Board shall fix standards of net weight of agricultural produce to be filled in a packing unit such as a bag, a half bag or a palli within each notified market area.(2)No person shall fill or cause to be filled any agricultural produce except in accordance with standards fixed under sub-rule (1).(3)All transactions in a market in terms of packing units shall be deemed to have been entered into in accordance with standards fixed under sub-rule (1).(4)Immediately on the completion of weighment of a lot of agricultural produce within a notified market area, either party to the contract may cause a test weighment of ten percent of the units of packing in a lot or two packing units whichever is more. The test weighment shall be carried out at the site of weighment and if no test weighment is held at the site, the produce shall be deemed to have been correctly weighed.(5)Test weighment under sub-rule (4) shall be carried out in the presence of both the parties to the contract. In case any of the parties refuses or otherwise evades presence, the other party may report in writing to the Secretary of the Committee or any employee of the Board not lower in [rank than] [Substituted for the words 'rank to' by Haryana Notification dated 26.3.1982.] that of an Inspector, who, after satisfying himself as to the correctness of the report, shall cause the test weighment to be made in his presence or in the presence of any other official of the Committee authorised by him in this behalf, and the result of such test weighment shall be final, conclusive and binding on both the parties.(6)Before any agricultural produce weighed in pursuance of a contract of sale or purchase within a notified market area is removed from the place of its weighment, the Chairman, the Secretary of the Committee or any employee [engaged in connection with the management of the affairs of the Committee as authorised by him or the inspecting officers of the Board] [Haryana Notification dated 12.9.1975.] shall, with a view to satisfying himself that such weighment has been correctly made or is filled in accordance with standards fixed under sub-rule (1), be entitled at any time and without any previous notice, to check the weighment by means of weights and instruments, kept by the Committee or any other agency in the presence of the purchaser and the seller and if either or both of them evade presence, test weighment may be carried out in the presence of any two persons present there.(7)If the weighment checked under sub-rule (6) is found to be defective, the persons checking the weighment may order the lot to be reweighed. The reweighment shall be made at the cost of the buyer, if it is not filled in accordance with the standards fixed under sub-rule (1), and at the cost of the weighman concerned, if the weighment is otherwise defective. Such orders shall be final and the buyer or the weighman, as the case may be, shall immediately comply with the order. This sub-rule shall operate without prejudice to any other punishment that may be awarded under the Act, these rules or bye-laws made thereunder.
