Section 18: Offences and penalties

18. Offences and penalties (1) Any person who contravenes this Act or any regulation made under it, or fails to comply with a notice under section 8 (1), shall commit an offence and shall, on conviction, be liable— (a) in the case of a first offence, to a fine not exceeding 5,000 rupees; (b) in the case of a subsequent offence, to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years. (2) Any person who— (a) in selling or purporting to sell an article by weight, measure or number, delivers or causes to be delivered to the purchaser any quantity less than the quantity contracted for or paid for; or (b) in buying any article by weight, measure or number, fraudulently receives any quantity in excess of the quantity contracted for or paid for, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 2 years. L13 – 7 [Issue 1] (3) Any person who— (a) counterfeits or tampers with any stamp of assize; (b) defaces or tampers with any rejection mark; (c) increases or diminishes any weight or measure; (d) tampers with— (i) any instrument with a view to deceiving any person; or (ii) any seal affixed under section 16; (e) obstructs an authorised officer or police officer in the performance of his duties; (f) fails or refuses to produce to an authorised officer for inspection such instrument, weight, measure or pre-packed commodity, as he may require; or (g) makes a statement, in relation to any pre-packed commodity or to any instrument, weight or measure used in the course of trade, which is false or misleading in a material particular, shall commit an offence and shall, on conviction, be liable to a fine not exceeding 10,000 rupees and to imprisonment for a term not exceeding 5 years. (4) The Court before which a person is convicted of an offence under this Act or under any regulations made under it may, in addition to any penalty imposed, order the forfeiture and destruction of any instrument, weight, measure or article used in the commission of the offence. [S. 18 amended by Act 1 of 1994.]