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State of Jammu-Kashmir - Section

Section 28 in The Jammu and Kashmir State Agricultural Produce Marketing (Regulation) Act, 1997

28. Use of weighing instruments, weights and measures, their inspection and seizure.

(1)Only such weighing instruments as satisfy the requirements of, and such weights and measures as are prescribed by the Jammu and Kashmir State Weights and Measures (enforcement) Act. 1978, and the rules made thereunder shall be used for weighing or measuring agricultural produce in a notified market area;Provided that in transactions of sale and purchase agricultural produce in the principal market yard and sub-market yards of the notified market area the been scale or plate from scale shall only be used.
(2)Every committee shall keep in the market yard at least one weighing instrument of the capacity of one quintal of two sets of weights and in places where measures are used two sets of measures. Verified and stamped in accordance with the provision of the Jammu and Kashmir Weights and Measures (Enforcement) Act. 1978 and the rules farmed thereunder. The committee shall cause such weights and measures to be tested and verified once in the course of each calendar year through the agency appointed and in accordance with the requirements of the said Act and Rules.
(3)The market committee shall allow any person to check free of charge any weight or measure in his possession against the weight and measure maintained under this section.
(4)Weighing instruments, weights and measures kept by a committee under this section may at any time be inspected, examined and checked by the Director or Chairman or the Secretary of the Board or any other officer duly authorised in this behalf by the Director/ Chairman of the Board. After inspection the inspecting authority may give such directions as it may deem proper. The committee shall be bound to comply with such directions.
(5)The Director or Chairman/Secretary of the Board of the market committee, or any other persons authorsied in this behalf by the Director, Chairman/Secretary of the Board or market committee shall be entitled at any time and without previous notice to inspect, and test any weighing instruments, weight or measure used, kept or possessed within a notified market area by a licensee under this Act, and every such licensee in possession of any such weighing instrument, weight or measure shall when required, be bound to produce the same before the person entitle so to inspect, examine and test it.
(6)Any person authorised to inspect, examine and test any weighing instrument, weight or measure under sub-section (5) shall while so acting, have all the powers of an Inspector, Weights and Measures appointed under the Jammu and Kashmir State Weights and Measures (Enforcement) Act, 1978.