THE STANDARDS OF WEIGHTS AND MEASURES ACT, 1976
ACT NO. 60 OF 1976
[8th April, 1976.]
An Act to establish standards of weights and measures, to regulate
inter-State trade or commerce in weights, measures and other goods
which are sold or distributed by weight, measure or number, and to
provide for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Twenty-seventh Year of the
Republic of India as follows: -
PART
PROVISIONS APPLICABLE TO EVERY PART
PART I
PROVISIONS APPLICABLE TO EVERY PART
1.
Short title, extent and commencement.
1. Short title, extent and commencement. (1) This Act may be
called the Standards of Weights and Measures Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central
Government may, by notification, appoint, and different dates may be
appointed for different-
(a) provisions of this Act,
(b) areas,
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1. 1.7.1987: Vide Notification No. G.S.R. 617 (E), dated 1.7.1987
(in respect of sections 4 to 27 (both inclusive), 30, clause (a) and
(c) of s. 31, 32 to 38 (both inclusive), 40 to 47 (both inclusive),
sub-sections (1) and (3) of section 48, 49 to 53 (both inclusive),
55 to 62 (both inclusive), 64, 65, 68, 75, 79, to 82 (both inclusive),
84 and 85.).
1. Sections 4 to 27, 30, 51, and 53 of the Act came into force
in the State of Sikkim on 4.4. 1985 vide Notifn. No. G.S.R. 344 (E),
dated 4.4. 1985, Gaz. of India, Exty., Pt. II sec. 3(i).
1. 1.4.1980: Vide Notifn. No. G.S.R. 193(E), dt. 1.4.1980, (in
respect of Sections 76 and 77).
1. 26.9. 1977: Vide Notifn. No. G.S.R. 620(E), dt. 26.9.1977 (in
respect of ss. 1, 2, 3, 28, 29, 31(b), 39, 48(2), 54, 63, 67, 59 to
74, 78 & 83.
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355
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(c) classes of undertakings,
(d) classes of goods,
(e) classes of weights and measures, or
(f)classes of users of weights and measures,
and any reference in any such provision to the commencement of this
Act shall be construed as a reference to the coming into force of that
provision in such areas, or in respect of such classes of
undertakings, goods, weights and measures or users of weights and
measures in relation to which this Act has been brought into force:
Provided that the provisions of this Act (including the standards
established by or under this Act) shall come into force in the State
of Sikkim on such date, not being later than five years from the
passing of this Act, as the Central Government may, by notification,
appoint, and different dates may be appointed for different provisions
of this Act or for different art-as or for different classes of
undertakings or for different classes of goods, or for different
classes of weights and measures or for different classes of users of
weights and measures.
2.
Definitions.
2. Definitions. In this Act, unless the context otherwise
requires,--
(a) "calibration" means all the operations which are
necessary for the purpose of determining the values of the
errors of a weight or measure and, if necessary, to determine
the other metrological properties of such weight or measure,
and includes the actual fixing of the positions of the gauge-
marks or scale-marks of a weight or measure or in some cases,
of certain principal marks only, in relation to the
corresponding values of the quantity to be measured.
Explanation.-Calibration may also be carried out with a view
to permitting the use of a weight or measure as a standard;
(b) "commodity in packaged form" means commodity packaged,
whether in any bottle, tin, wrapper or otherwise, in units
suitable for sale, whether wholesale or retail;
(c) "dealer", in relation to any weight or measure, means a
person who, or a firm or a Hindu undivided family which,
carries on, directly or otherwise, the business of buying,
selling, supplying or distributing any such weight or measure
of whether for cash. or for deferred payment or for
commission, remuneration or other valuable consideration, and
includes-
(i) a commission agent who carries on such business on
behalf of any principal,
(ii) an importer who sells, supplies, distributes or
otherwise delivers any weight or measure to any user,
manufacturer, repairer, consumer or any other person,
but does not include a manufacturer who sells, supplies,
distributes or otherwise delivers any weight or measure to
'any person or category of persons referred to in this
clause.
Explanation.-For the removal of doubts, it is hereby declared
that a manufacturer, who sells, supplies, distributes or
otherwise delivers any weight or measure to any person other
than a dealer, shall be deemed to, be a dealer;
(d) "Director" means the Director of Legal Metrology
appointed under section 28;
(e) "export" with its grammatical variations and cognate
expressions, means taking out of India to a place outside
India;
357
(f) "false package" means any package which does not conform
to the provisions of this Act or any rule or order made
thereunder in relation to such package;
(g) "false weight or measure" means any weight or measure
which does not conform to the standards established by or
under this Act in relation to that weight or measure;
(h) "General. Conference on Weights and Measures" means
the Conference General des Poids et Mesures established under
the Convention du Metre:
(i) "import", with its grammatical variations and cognate
pressions, means bringing into India from a place outside
India.
(J) "International Bureau of Weights and Measures" means
Bureau International des Poids et Mesures, established under
Convention du Metre, at Sevres in France;
(k) "International Organisation of Legal Metrology" means
the Organisation Internationale de Metrologie Legale
established under the Convention Instituant Une Organisation
Internationale de MetroIogie Legale;
(l) "international prototype of the kilogram" means the
prototype sanctioned by the First General Conference on
Weights and Measures held in Paris in 1889, and deposited at
the International Bureau of Weights and Measures;
(m) "inter-State trade or commerce", in relation to any
weight or measure or other goods which are bought, sold,
supplied, distributed or delivered by weight, measure or
number, means the purchase, sale, supply, distribution or
delivery which-
(i) occasions the movement of such weight, measure or
other goods from one State to another, or
(ii) is effected by a transfer of documents of title to
such weight, measure or other goods during its movement
from one State to another.
Explanation I.-Where any such weight or measure is, or other
goods are, delivered to a carrier or other bailee for
transmission, the movement of such weight, measure or other
goods shall, for the purposes of sub-clause (ii), be deemed
to commence at the time of such delivery and terminate at the
time when delivery is taken from such carrier or bailee.
Explanation II.-Where the movement of any such weight, mea-
sure or other goods commences and terminates in the same
State, it shall not be deemed to be a movement of such
weight, measure or other goods from one State to another
merely by reason of the fact that In the course of such
movement it passes through the territory of any other State;
(n) "label" means any written, marked, stamped, printed, or
graphic matter affixed to, or appearing upon, any
commodity or package containing any commodity;
(o) "manufacturer", in relation to any weight or measure,
means person who, or a firm or a Hindu undivided family
which,-
(i) makes or manufactures such weight or measure,
(ii) makes or manufactures one or more parts, and
acquires the other parts, of such weight or measure and,
after assembling those parts, claims the end product to
be a weight or measure manufactured by himself or
itself, as the case may be,
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(iii) does not make or manufacture any part of such
weight or measure but assembles parts thereof made or
manufactured by others and claims the end product to be
a weight or measure manufactured by himself or itself,
as the case may be,
(iv) puts, or causes to be put, his own mark on any
complete weight or measure made or manufactured by any
other person and claims such product to be a weight or
measure made or manufactured by himself or itself, as
the case may be.
Explanation.-Where any manufacturer despatches any weight or
measure or any part thereof to any branch office maintained
by or it, such branch office shall not be, deemed to be a
manufacturer evenb though the parts so despatched to it are
assembled at such ranch office;
(p) "notification" means a notification published in the
Official Gazette;
(q) "Person" includes--
(i) every department or office,
(ii) every Organisation established or constituted by
Government,
(iii) every local authority within the territory of
India,
(iv) every co-operative society,
(v) every other society registered under the Societies
Registration Act, 1860; (21 of 1860.)
(r) "premises" includes-
(i) a place where any business, industry, production
or trade is carried on by a person, whether by himself
or through an agent, by whatever name called,
(ii) a warehouse, godown or other place where any
weight, measure or other goods are stored or exhibited,
(iii) a place where any books of account or other
documents pertaining to any trade or
transaction are
kept,
(iv) a dwelling house, if any part thereof is used for
the purpose of carrying on any business, industry,
production or trade.
Explanation.--Place" includes a vehicle or vessel or any
other mobile device, with the help of which any trade or
business is carried on, and also includes any measuring
instrument mounted on a vehicle, vessel or other mobile
device;
(s) "prescribed" means, prescribed by rules made under this
Act and "prescribed authority" means such authority as may be
specified by such rules;
(t) "reference standard" means the set of standard weight o
measure which is made or manufactured by or on behalf of the
Central Government for the verification of any secondary
standard;
(u) "repairer" includes a person who adjusts, cleans,
lubricate or paints any weight or measure or renders any
other service to such weight or measure to ensure that such
weight or. measure con. forms to the standards established by
or under this Act;
(v) "sale", with its grammatical variations and cognate
expressions, means transfer of property in any weight,
measure or other
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goods by one person to another for cash or for deferred
payment or for any Other valuable consideration, and includes
a transfer of any weight, measure or other goods on the hire-
purchase system or any other system of payment by
instalments, but does not include a mortgage or hypothecation
of, or a charge or pledge on, such weight, measure or other
goods;
(w) "seal" means a device or process by which a stamp is
made, and includes any wire or other accessory which is used
for ensuring the integrity of any stamp;
(x) "secondary standard" means the set of standard weight
or measure which is made or manufactured by or on behalf of
the Central or State Government for the verification of any
work standard;
(y) "stamp" means a mark, which is made on, or in relation
to, any weight or measure with a view to-
(i) certifying that such weight or measure conforms to
the standard specified by or under this Act, or
(ii) indicating that any mark which was previously made
thereon certifying that such weight or measure conforms
to the standards specified by or under this Act, has
been obliterated.
Explanation.-A stamp may be made by impressing, casting, en-
graving, etching, branding or any other process;
(z) "transaction" means-
(i) any contract, whether for sale, purchase, exchange
or any other purpose, or
(ii) any assessment of royalty, toll, duty or other
dues, or
(iii) the assessment of any work done, wages due or
services rendered;
(za) "unverified weight or measure" means a weight or measure
which, being required to be verified and stamped under this
Act, has not been so verified and stamped;
(zb) "verification", with its grammatical variations and
cognate expressions, includes, in relation to any weight or
measure, the process of comparing, checking, testing or
adjusting such weight or measure with a view to ensuring that
such weight or measure conforms to the standards established
by or under this Act, and also includes re-verification and
calibration;
(zc) "weighing or measuring instrument" means any object,
instrument, apparatus or device, or any combination thereof,
which is, or is intended to be, used, exclusively or
additionally, for the purpose of making any weighment or
measurement, and includes any appliance, accessory or part
associated with any such object, instrument, apparatus or
device;
(zd) "weight or measure" means a weight or measure specified
by or under this Act, and includes a weighing or measuring
instrument;
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(ze) "working standard" means the set of standard weight or
measure which is made or manufactured by or on behalf of
Government for the verification of any standard weight or
measure, other than a national prototype or national
reference or secondary standard.
3.
Provisions of this Act to override the provisions of any other law.
3. Provisions of this Act to override the provisions of any other
law. The provisions of this Act shall have effect, notwithstanding
anything inconsistent therewith contained in any enactment other than
this Act or in any instrument having effect by virtue of any enactment
other than this Act.
PART
ESTABLISHMENT OF STANDARDS OF WEIGHTS AND MEASURES
PART II
ESTABLISHMENT OF STANDARDS OF WEIGHTS AND MEASURES
CHAP
Standard units
CHAPTER I
Standard units
4.
Units of weight or measure to be based on metric system.
4. Units of weight or measure to be based on metric system. (1)
Every unit of weight or measure shall be based on the units of the
metric system.
(2) For the purposes of sub-section (1),-
(a) the international system of units as recommended by the
General Conference on Weights and Measures, and
(b) such additional units as may be recommended by the
International Organisation of Legal Metrology,
shall be the units of the metric system.
5.
Base unit of length.
5. Base unit of length. (1) The base unit of length shall be the
metre.
(2) The "metre" is the length equal to 1650 763.73 wave lengths
in vacuum of the radiation corresponding to the transition between the
levels 2p-10 and 5d-5 of the krypton-86 atom.
6.
Base unit of mass.
6. Base unit of mass. (1) The base unit of mass shall be the
kilogram.
(2) The "kilogram" is the unit of mass; it is equal to the mass
of the international prototype of the kilogram.
7.
Base unit of time.
7. Base unit of time. (1) The base unit of time shall be the
second.
(2) The "second" is the duration of 9 192 631 770 periods of the
radiation corresponding to the transition between the two hyperfine
levels of the ground state of the caesium-133 atom.
8.
Base unit of electric current.
8. Base unit of electric current. (1) The base unit of electric
current shall be the ampere.
(2) The "ampere" is that constant current which if maintained in
two, straight parallel conductors of infinite length, of negligible
circular cross-section, and placed one metre apart in vacuum, would
produce between these conductors a force equal to 2 x 10' newton per
metre of length.
9.
Base unit of thermodynamic temperature.
9. Base unit of thermodynamic temperature. (1) The base unit of
thermodynamic temperature shall be the kelvin.
(2) The "kelvin" is the fraction 1/273-16 of the thermodynamic
temperature of the triple point of water.
361
(3) The kelvin shall also be used for expressing the interval or
difference of temperature.
(4) Zero degree Celsius corresponds to 273.15 kelvin.
(5) The degree Celsius may also be used for expressing the
interval or difference of temperature, unit degree Celsius being equal
to unit kelvin.
10.
Base unit of luminous intensity.
10. Base unit of luminous intensity. (1) The base unit of
luminous intensity shall be the candela.
(2) The "candela" is the luminous intensity, in the
perpendicular direction, of a surface of 1/600,000 square metre of a
black body at the temperature of freezing platinum under a pressure of
101 325 newtons per square metre.
11.
Base unit of amount of substance.
11. Base unit of amount of substance. (1) The base unit of amount
of substance shall be the mole.
(2) The "mole is the amount of substance of a system which
contains as many elementary entities as there are atoms in 0.012
kilogram of carbon 12.
(3) When the mole is used, the elementary entities shall
invariably be' specified and may be atoms, molecules, ions, electrons,
other particle, or specified groups of such particles.
12.
Supplementary, derived, special and other units of weight or measure-their
symbols, definitions, etc.
12. Supplementary, derived, special and other units of weight or
measure their symbols, definitions, etc. (1) The Central Government
may, by rules made in this behalf, specify, in relation to the base
units of weight or measure, such supplementary, derived, or other
units or standard symbols or definitions as the General Conference on
Weights and Measures or the International Organisation of Legal
Metrology may recommend.
Explanation.-"Derived unit" means a unit which is derived from
the base, or supplementary, units, or both.
(2) The Central Government may, by rules made in this behalf,
specify, such multiples and sub-multiples of, and physical constants,
and ratios or coefficients in relation to, units of weight or measure
as the General Conference on Weights and Measures or the International
Organisation of Legal Metrology may recommend.
(3) The Central Government may, by notification, declare, for
such period as it may consider necessary such special units of weight
or measure as the General Conference on Weights and Measures or the
International Organisation of Legal Metrology may recommend.
13.
Base unit of numeration.
13. Base unit of numeration. (1) The base unit of numeration
shall be the unit of the International form of Indian numerals.
(2) Every numeration shall be made in accordance with the
decimal system.
(3) The decimal multiples and sub-multiples of the numerals
shall be of such denominations and be written in such manner as the
Central
115 Law--46
362
Government may, after previous publication, specify by rules made in
this behalf:
Provided that no such rule shall be made before the expiry of six
months from the date on which the draft of the proposed rules was
first published in the Official Gazette.
14.
Standard unit of weight or measure.
14. Standard unit of weight or measure. (1) The base unit of mass
specified in section 6 and base' units of measures specified in
section 5 and sections 7 to 11 (both inclusive) and the supplementary
and other units specified by rules made under section 12, shall be the
standard units of weight or measure, as the case may be.
(2) The units of numeration specified by or under section 13
shall be the standard units of numeration.
CHAP
Physical representation of standard units
CHAPTER II
Physical representation of standard units
15.
National prototypes.
15. National prototypes. (1) For the purpose of deriving the
value of the kilogram, the Central Government shall cause to be
prepared a national prototype of the kilogram and shall cause its
accuracy to be certified by the International Bureau of Weights and
Measures in terms of the international prototype of the kilogram and
shall deposit the same in such custody and at such place as that
Government may think fit.
(2) For tile purpose of deriving the value of the metre, the
Central Government may cause to be prepared a national prototype of
the metre and, where such prototype is caused to be made, shall also
cause its accuracy to be certified by the International Bureau of
Weights and Measures and deposit the same in such custody and at such
place as that Government may think fit.
16.
National standards.
16. National standards. (1) For the purpose of deriving the
value of the base units, other than the base unit of mass, the Central
Government shall' cause to be prepared such objects or equipments, or
both, as may be necessary for the purpose and shall cause the accuracy
of such objects or equipments, or both, to, be certified by the
International Bureau of Weights and Measures at such periodical
intervals as may be prescribed, and, shall, after such certification,
deposit such objects or equipments, or 'both, in such custody and at
such place as that Government may think fit.
(2) For the purpose of deriving the value of the supplementary
and other units specified under section 12, the Central Government
shall cause to be prepared such objects or equipments, or both as may
be necessary for the purpose and shall cause the accuracy of such
objects or equipments, or both, to be certified at such periodical
intervals and by ,such authority as may be prescribed, and, shall
after certification, deposit such objects or equipments, or both, in
such custody and at such place as that Government may think fit,
17.
National prototype and national standard how to be kept.
17. National prototype and national standard how to be kept.
Every national prototype specified in section 15 and every object or
equipment, or both, referred to in section 16, shall be kept in such
manner and under such conditions as may be prescribed.
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18.
Reference, secondary and working standards.
18. Reference, secondary and working standards. (1) Every-
(a) reference Standard,
(b) secondary standard, and
(c) working standard,
shall conform to the standards established by or under this Act and be
verified and authenticated at such periodical intervals and in such
manner as may be prescribed.
(2) Every reference standard, every secondary standard and every
working standard shall be kept in such manner and under such condi-
tions as may be prescribed.
19.
Power of Central Government to prescribe physical characteristics,etc., of
weights and measures.
19. Power of Central Government to prescribe physical
characteristics, etc., of weights and measures. (1) The Central
Government shall, in relation to any weight or measure, prescribe the
physical characteristics, configuration, constructional details,
materials, equipment, performance, tolerances, methods or procedures
of tests in accordance with the recommendations made by the
International Organisation of Legal Metrology:
Provided that where no such recommendation has been made, the
Central Government shall prescribe such physical characteristics, con-
figuration, constructional details, materials, equipment, performance,
tolerances, methods or procedures of tests in relation to any weight
or measure as it may think fit.
(2) Where it is not reasonably practicable to give effect to any
recommendation made by the International Organisation of Legal Metro-
logy, the Central Government may make such changes of a minor nature
in the recommendation of the International Organisation of Legal
Metrology as may appear to it to be necessary.
CHAP
Standard Weights, and measures
CHAPTER III
Standard Weights, and measures
20.
Standard weight or measure.
20. Standard weight or measure. (1) Any weight or measure which
conforms to the standard unit of such weight or measure and also
conforms to such of,the provisions of sections 15 to 19 (both
inclusive) as are applicable to it shall be the standard weight or
measure.
(2) Any numeral which conforms to the provisions of section 13
shall be the standard numeral.
21.
Use of non-standard weight or measure prohibited.
21. Use of non-standard weight or measure prohibited. No weight,
measure or numeral, other than the standard weight, measure or
numeral, shall be used as a standard weight, measure or numeral.
22.
Manufacture of non-standard weight or measure prohibited.
22. Manufacture of non-standard weight or measure prohibited. No
weight or measure shall be made or manufactured unless It conforms to
the standards of weight or measure established by or under this Act:
Provided that the Central Government may permit the malting or
manufacturing of any weight or measure which does not conform to the
standards established by or under this Act, if such weight or measure
is made or manufactured exclusively for the purpose of any scientific
investigation or research or for export and is made or manufactured
under such conditions and restrictions as may be prescribed.
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23.
Prohibition with regard to inscriptions, etc.
23. Prohibition with regard to inscriptions, etc. No weight,
measure or other goods shall bear thereon, any inscription or
indication of weight, measure or number except in accordance with the
standard unit of such weight, measure or numeration established by or
under this Act:
Provided that in relation to any weight, measure or other goods
which are manufactured for scientific investigation or research or for
export, inscription or indication thereon of any weight, measure or
number may also be made in accordance with any other system of weight,
measure or numeration if such inscription or Indication Is demanded by
the person by whom such scientific investigation or research is to be
made or by the person to whom the export Is to be made.
CHAP
Custody and verification of standard equipments
CHAPTER IV
Custody and verification of standard equipments
24.
Supply, etc., of reference standards.
24. Supply, etc., of reference standards. (1) The Central
Government shall cause to be prepared, for the purposes of this Act,
as many sets of reference standards as it may think necessary and
shall supply to each State Government as many sets of reference
standards as it may think fit.
(2) The Central Government shall keep in its custody, for the
purposes of this Act, such number of reference standards as may be
necessary.
(3) Every reference standard referred to in sub-section (2)
shall be kept at such place and in such custody as may be prescribed
and no such reference standard shall be deemed to be a reference
standard and shall be used as such unless it has been verified and
authenticated in accordance with the rules made under this Act.
25.
Preparation and custody of secondary or or working standards.
25. Preparation and custody of secondary or or working standards.
The Central Government shall cause to be prepared, for the Purposes of
this Act, as many sets of secondary standard or working standard as it
may think necessary and shall keep such sets of secondary standard or
working standard at such place and in such custody as may be
prescribed.
26.
Verification, stamping, etc., of secondary or working standards.
26. Verification, stamping, etc., of secondary or working
standards. (1) Every secondary standard referred to in section 25
shall be verified with the reference standard by such authority as may
be prescribed and shall, if found on such verification to conform to
the standards established by or under this Act, be stamped by that
authority.
(2) Every working standard referred to in section 25 shall be
verified with the secondary standard which has been stamped in
accordance with the provisions of sub-section (1), by such authority
as may be prescribed and shall, If found on such verification to
conform to the standards established by or under this Act, be stamped
by that authority.
(3) Where any secondary standard or working standard is stamped
in accordance with the provisions of sub-section (1) or sub-section
(2). as the case may be,. a certificate shall 'be separately given
showing the date on which such weight or measure was stamped.
(4) Ever,, secondary standard or working standard which is not
verified and stamped in accordance with the provisions of sub-section
(1) or sub-section (2), as the case may be, shall not be deemed to be
a secondary standard or working standard and shall not be used as
such.
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27.
Secondary or working standard which may be stamped.
27. Secondary or working standard which may be stamped. Where the
Central Government is of opinion that by reason of the size or nature
of any secondary standard or working standard referred to in section
25, it is not desirable or practicable to put a stamp thereon, it may
direct that instead of putting a stamp on such secondary standard or
working standard, a certificate may be issued to the effect that such
secondary standard or working standard conforms to the standards
established by or under this Act and every secondary standard or
working standard so certified shall be deemed to have been duly
stamped under this Act on the date on which such certificate was
issued.
PART
APPOINTMENT AND POWERS OF DIRECTOR AND OTHER STAFF
PART III
APPOINTMENT AND POWERS OF DIRECTOR AND OTHER STAFF
28.
Appointment of Director and other staff.
28. Appointment of Director and other staff. (1) The Central
Government may, by notification, appoint a Director of Legal Metrology
and as many Additional, Joint, Deputy or Assistant Directors and other
officers and staff as may be necessary for exercising the powers and
efficiently discharging the duties conferred or imposed on them by or
under this Act.
(2) Every Additional, Joint, Deputy or Assistant Director and
other officer, appointed under sub-section (1), shall exercise such
powers, and discharge such functions of the Director as the Central
Government may, by notification, authorise in this behalf.
(3) The Director may, by general or special order, define the
local limits within which each Additional, Joint, Deputy or Assistant
Director or other officer, appointed under sub-section (1), shall
exercise his powers and discharge the duties conferred or imposed on
him by or under this Act.
(4) Subject to the provisions of this Act, every Additional,
Joint, Deputy or Assistant Director and every other officer, appointed
under sub-section (1), shall exercise his powers and discharge the
duties of his office under the general superintendence, direction and
control of the Director and shall exercise those powers and discharge
those duties in the same manner and with the same effect as if they
had been conferred or imposed on him directly by this Act and not by
way of authorisation.
(5) The Director and every Additional, Joint, Deputy and
Assistant Director and every other officer authorised to perform any
duty by or under this Act shall be deemed to be a public servant
within the meaning of section 21 of the Indian Penal Code. (45 of
1860.)
(6) No suit, prosecution or other legal proceeding shall lie
against the Director, Additional, Joint, Deputy or Assistant Director
or any other officer authorised to perform any duty by or under this
Act in respect of anything which is in good faith done or intended to
be done under this Act or any rule or order made thereunder.
(7) The Central Government may, with the consent of the State
Government and subject to such conditions, limitations and
restrictions as it nay specify in this behalf, delegate such of the
powers of the Director under this Act as it may think fit to the
person for the time being
366
holding the office of the Controller of Legal Metrology, in the State,
and such Controller may, if he is of opinion that it is necessary or
expedient in the public interest so to do, delegate such of the powers
delegated to him as he may think fit to any officer subordinate to
him, not being an officer below the rank of an Inspector, and where
any such delegation of powers is made by such Controller, the person
to whom such powers are delegated shall exercise those powers in the
same manner and with the same effect as if they had been conferred on
him directly by this Act and not by way of delegation.
(8) Where any delegation of powers is made under sub-section
(7), the powers so delegated shall be exercised under the general
superintendence, direction and guidance of the Director.
29.
Power of inspection, etc.
29. Power of inspection, etc. (1) The Director, or any person
authorised to exercise the powers or discharge the functions of the
Director, may, if he has any reason to believe. whether from any
information given to him by any person and taken down in writing or
from personal knowledge or otherwise, that any weight or measure or
other goods in relation to which any interState trade or commerce has
taken place or is intended to take place and in respect of which an
offence punishable under this Act appears to have been, or is likely
to be, committed are either kept or concealed in any premises or are
in the course of transportation from one State to another,-
(a) enter at any reasonable time into any such premises and
search for and inspect any weight, measure or other goods in
relation to which inter-State trade or commerce has taken
place. or is intended to take place, and any record, register
or other document relating thereto;
(b) seize any weight, measure or other goods and any
record, register or other document or article which he has
reason to believe may furnish evidence indicating that an
offence punishable under this Act has been or is likely to
be, committed in the course. of, or in relation to, any
inter-State trade or commerce.
(2) Where any goods seized under sub-section (1) are subject to
speedy or natural decay, the Director or the authorised person may
dispose of such mods in such manner as may be prescribed.
(3) Every search or seizure made under this section shall be
carried out in accordance with the provisions of the Code of Criminal
'Procedure, 1973, (2 of 1974.) relating to searches and seizures made
under that Code.
30.
Forfeiture.
30. Forfeiture. Every false or unverified weight or measure, and
every, false package. used in the course of, or in relation tn. any
inter-State trade or commerce and seized under section 29, shall be
liable to be forfeited to the Central Government: ,
Provided that such unverified weight or measure shall not be
forfeited to Government if the person from whom such weight or measure
was seized gets the same verified and stamped within such time as may
be prescribed.
367
PART
INTER-STATE TRADE OR COMMERCE IN WEIGHT, MEASURE OR OTHER GOODS
PART IV
INTER-STATE TRADE OR COMMERCE IN WEIGHT, MEASURE OR OTHER GOODS
CHAP
Applicability of this Part
CHAPTER I
Applicability of this Part
31.
Part IV to apply to inter-State trade or commerce only.
31. Part IV to apply to inter-State trade or commerce only. The
provisions of this Part shall apply to-
(a) every weight or measure which is, or is intended' to
be",-
(i) made or manufactured for the purpose of inter-
State trade or commerce,
(ii) used, sold, distributed, delivered or otherwise
transferred in the course of inter-State. trade or
commerce;
(b) goods which are, or are intended to be, sold,
distributed delivered or otherwise transferred by weight,
measure or number the course of inter-State trade or
commerce;
(c) every service which is rendered by Wright, measure or
number in relation to, or in the course of, inter-State trade
or commerce.
CHAP
General
CHAPTER II
General
32.
Use of weights only or measures only in certain cases.
32. Use of weights only or measures only in certain cases. (1)
The Central Government may, by rules made in this behalf, direct that
in respect of the class of goods or undertakings or users specified
therein, no transaction. dealing or contract shall be made or had
except by such weight, measure or number as may be specified in the
said rules.
(2) Any rule made under sub-section (1) shall take effect in such
area, from such future date and subject to such conditions, if any, as
may be specified therein.
33.
Prohibition of quotations, etc., otherwise than in terms of standardunits of
weights, measures or numeration.
33. Prohibition of quotations, etc., otherwise than in terms of
standard units of weights, measures or numeration. No person shall, in
relation to any goods, thing or service to which this Part applies,-
(a) quote, or make announcement of, whether by word
of mouth or otherwise, any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or
other document, or
(c) prepare or publish any advertisement, poster or other
document, or
(d) indicate the contents of any package either on itself
or on any label, carton or other thing, or
(e) indicate the contents on any container, or
(f) express any quantity or dimension,
otherwise than in accordance with the standard unit of weight, measure
or numeration.
368
34.
Any custom, usage, etc., contrary to standard weight, measure
ornumeration to be void.
34. Any custom, usage, etc., contrary to standard weight, measure
or numeration to be void. Any custom, usage, practice or method of
whatever nature which permits a person to demand, receive, or cause to
be demanded or received, any quantity of article, thing or service (to
which this Part applies) in excess of, or less than, the quantity
specified by weight; measure or number in the contract or other
agreement in relation to the said article, thing or service, shall be
void.
35.
Manufactures, etc., to maintain records and registers.
35. Manufactures, etc., to maintain records and registers. (1)
Every person who-
(a) makes, manufactures, sells, distributes or otherwise
disposes of any weight or measure or other goods which are
sold, delivered or distributed by weight, measure or number,
or
(b) repairs any weight or measure,
to which this Part applies, shall maintain such records and registers
as may be prescribed and if required so to do by the Director, shall
produce such records and registers before the Director or such other
officer as the Director may authorise in this behalf, for inspection.
(2) Notwithstanding anything contained in sub-section (1), if
the Director is of opinion that having regard to the nature or volume
of the business carried on by any maker, manufacturer, dealer or
repairer, it is necessary so to do, he may, by order exempt such
maker, manufacturer, dealer or repairer from the operation of that
sub-section.
CHAP
Approval of models
CHAPTER III
Approval of models
36.
Approval of models.
36. Approval of models. (1) Save as otherwise provided in this
section, this Chapter shall not apply to-
(a) any weight or measure which, being subject to
verification and stamping under the State law as in force
immediately before the commencement of this Act, is in use at
such commencement;
(b) any cast Iron, brass, bullion, or carat weight or any
beamscale, except those specified by rules made in this
behalf;
(c) length measures (not being measuring tapes) ordinarily
used in retail trade for measuring textiles or timber;
(d) capacity measures, not exceeding twenty litres in
capacity, which are ordinarily used in retail trade for
measuring kerosene, milk or potable liquors;
(e) any weighing or measuring instrument or device which is
made or manufactured exclusively for domestic use:
Provided that such instrument or device is not intended for
the use of any member of the medical profession in the course
of such profession.
(2) Where any officer of the Central or State Government charged
with the duty of implementing the law relating to weights and measures
has any reason to believe that the model of any weight or measure
referred to in sub-section (1) requires a test by the prescribed
authority, he may acquire one such weight or measure from the market
and forward it to the prescribed authority for, test, the fees for
which shall be payable by the Government employing the officer by whom
such weight or measure has been forwarded for test.
369
(3) Every person shall, before making or manufacturing any
weight or measure to which this Part applies, submit for approval of
the prescribed authority, such number of models, drawings and other
information relating to such weight or measure as may be prescribed:
Provided that in relation to any weight or measure, to which this
Part applies, which has already been made or manufactured, or which Is
in the process of being made or manufactured, at the commencement of
this Part, models of such weight or measure shall be submitted to the
prescribed authority from out of the weights or measures which have
already been, or which are in the process of being, made or
manufactured:
Provided further that in the case of a weight or measure the
model whereof cannot be submitted, whether by reason of its nature or
otherwise, it shall be sufficient if the drawings and other prescribed
information about the weight or measure is submitted to the prescribed
authority and thereupon that authority shall test the models of such
weight or measure at the place where it is made or manufactured or at
such other place as may be specified by the Director:
Provided also that the prescribed authority may, if it is
satisfied that the model of any weight or measure which has been
approved in a country outside India conforms to the standards
established by or under this Act, approve such model without any test
or, after such test as it may deem fit.
(4) The prescribed authority shall levy and collect such fees
for the testing of any model, submitted under this section for
approval, as may be prescribed.
(5) The prescribed authority shall test the models submitted to
it with a view to-
(a) ascertaining whether such models conform to the standards
established be or under this Act;
(b) finding out the ability of such models to maintain
accuracy over periods of sustained use; and
(c) determining the performance of such models under such
varied conditions as may be prescribed.
(6) The prescribed authority shall submit to the Central
Government a detailed report on the performance of the model submitted
to it together worth its recommendations with regard to the
desirability or otherwise of issuing a certificate of approval in
respect of that model.
(7) The Central Government may, if it is satisfied after
considering the report submitted to it by the prescribed authority
that thee aforesaid model is in conformity with the provisions of this
Act or any rule made thereunder and is likely to maintain accuracy
over periods of sustained use and to render accurate service under
varied conditions, issue a certificate of approval in respect of that
model.
(8) Every certificate of approval of a model shall be published
In the Official Gazette and shall also be published in such other
manner as the Central Government may thin fit,
115 Law- 47
370
(9) The Central Government may, if it is satisfied that the
product made or manufactured in accordance with the model which was
approved by it has failed to render the expected performance or to
conform to the standards established by or under this Act, revoke the
certificate of approval issued by it under sub-section (7):
Provided that no such revocation shall be made except after
giving the manufacturer of such weight or measure a reasonable
opportunity of being heard:
Provided further that where the Central Government is satisfied
that as a result of the alteration made by the manufacturer in the
model of the weight or measure, such model has become fit for
approval, it may vacate the order of revocation of the certificate of
approval issued by It.
(10) If for any reason any material of the approved model of a
weight or measure to which this Part applies becomes non-available In
India, the manufacturer may continue the manufacture of such weight or
measure with such substitute materials as may be, in his opinion, most
suitable for the manufacture of such weight or measure but where the
manufacturer does so, he shall send such substitute materials to the
prescribed authority for test.
(11) If the prescribed authority is of openion that the
substitute material referred to in sub-section (10) is not suitable
and that there is available in India any other material which is more
suitable, that authority shall intimate its findings to the Central
Government and also to the manufacturer, and thereupon the
manufacturer shall not manufacture the weight or measure with any
material other than the material recommended by the prescribed
authority, until the material which was originally approved by the
prescribed authority becomes available in India:
Provided that where, in the opinion of the prescribed authority,
the Substitute material referred to in sub-section (10) is not
suitable and no other suitable material is also available in India,
the approval in relation to the model shall stand suspended until a
suitable material becomes available in India.
(12) Where the model of any weight or measure to Which this Part
applies has been approved, the models of different denominations of
such weight or measure shall not require any approval if such
denominations are manufactured in accordance with the same principles
according to which, and the same materials with which, the approved
model has been manufactured.
37.
Licence to manufacture weights or measures when to be issued.
37. Licence to manufacture weights or measures when to be issued.
(1) Before issuing a licence to make or manufacture any weight or
measure to which this Part applies, the State Government shall satisfy
Itself that a certificate of approval of the model of such weight or
measure has been granted by the Central Government under section 36.
(2) Where any certificate of approval of any model has been
revoked by the Central Government, the licence issued by the State
Government for the making or manufacturing of any weight or measure in
accordance with such model shall stand suspended:
Provided that such suspension shall stand vacated if such model
subsequently approved by the Central Government.
371
38.
Weight or measure to contain number of the approved model, etc.
38. Weight or measure to contain number of the approved model,
etc. Every weight or measure to which this Part applies and for which
a model has been approved shall bear thereon, in such manner as may be
prescribed, the number of the approved model and the number of the
certificate by or under which such model was approved:
Provided that where the Central Government is of opinion that
inclusion of any such particulars on any weight or measure is not
possible by reason of its size or nature, that Government may exempt
the inclusion of such particulars on such weight or measure.
CHAP
Commodities in packaged form intended to be sold or distributed in the
course of inter-State trade or commerce
CHAPTER IV
Commodities in packaged form intended to be sold or distributed in the
course of inter-State trade or commerce
39.
Quantities and origin of commodities in packaged form to be declared.
39. Quantities and origin of commodities in packaged form to be
declared. (1) No person shall-
(a ) make, manufacture, pack, sell, or cause to be packed or
sold; or
(b) distribute, deliver, or cause to be distributed or
delivered; or
(c) offer, expose or possess for sale,
any commodity, in packaged form to which this Part applies unless such
package bears thereon or on a label securely attached thereto a
definite, plain and conspicuous declaration, made in the prescribed
manner, of-
(i) the identity of the commodity in the package;
(ii) the net quantity, in terms of the standard unit of
weight or measure, of the commodity in the package;
(iii) where the commodity is packaged or sold by number, the
accurate number of the commodity contained in the package;
(iv) the unit sale price of the commodity in the package;
and
(v) the sale price of the package.
Explanation.-In this sub-section, the expression "unit sale
price" means the price according to such unit of weight, measure or
number as may be prescribed.
(2) Every package to which this Part applies shall bear thereon
the name of the manufacturer and also of the packer or distributor.
(3) Where the package of a commodity to which this Part applies
or the label thereon bears a representation as to the number of
servings, of the commodity contained therein, such package or label
shall also bear a statement as to the net quantity (in terms of
weight, measure or number) of each such serving.
(4) The statement on a package or label as to the net weight,
measure or number of the contents thereof shall not include any
expression which tends to qualify such weight, measure or number:
Provided that the Central Government may, by rules, specify the
commodities, the weight or measure of which is likely to increase or
decrease beyond the prescribed tolerance limits by reason of climatic
variations; and it shall be lawful for the manufacturer or packer of
the commodity so specified to qualify the statement as to the net
content of such commodity by the use of the words "when packed".
Explanation.-The words "when packed" shall not be used in any
case except a case to which the proviso to sub-section (4) applies.
372
(5). Where the Central Government has reason to believe
that. there is undue proliferation of weight, measure or number, in
which any commodity is, or reasonably comparable commodities are,
being-packed for sale, distribution or delivery and such undue
proliferation impairs in the opinion of that Government, the
reasonable ability of the consumer to make a comparative assessment of
the prices after considering the net quantity or number of such
commodity, that Government may direct the manufacturers and also the
packers or distributors to sell, distribute or deliver such commodity
in such standard quantities or number as' may be prescribed.
(6), Whenever the retail price of a commodity in packaged form to
which this Chapter applies is stated in any advertisement. there shall
be included in the advertisement, a conspicuous declaration as to the
net quantity or number of the commodity contained in the package. and,
retail unit sale price thereof.
(7) No person shall sell, distribute or deliver for sale a
package containing a commodity which is filled less than the,
prescribed capacity of such package except where it is proved by such
person that the package was so filled with a view to-
(a) giving protection to the contents of such package, or
(b) meeting the requirements of machines used for
enclosings the contents of such package.
(8) The Central Government may, by rules, specify such'
reasonable variations in the net contents of the commodity in a
package as may be caused by the method of packing or the ordinary
exposure Which may be undergone by such commodity after it has been
introduced in trade or commerce.
(9) The Central Government may, by rules, specify, the classes
of commodities or packages in relation to which all or any of the
provision of this section shall not apply or shall apply with, such
exceptions or modifications as may be specified therein.
CHAP
Verification and stamping of weights and measures sent from one Stateto another
CHAPTER V
Verification and stamping of weights and measures sent from one State
to another
40.
Definitions.
40. Definitions. In this Chapter, unless the context otherwise
requires,--
(a) "Controller" means the person appointed, as suck by,
the State, Government under the State law;
(b), "Inspector" means the person appointed as such by the
State Government under the State law;
(c) "local Inspector" means an Inspector, Within the,
local, limits of whose jurisdiction any weight or measure is
made, manufactured, received, delivered or kept for sale or
use;
(d) "State law" means the law enacted, by the Legislature
of a State, and for the time being in force in that State,
with regard to the, enforcement of the standards of weight or
measure established by or under this Act;
(e) "transferee, State" means the State in which any weight
or measure is delivered or received for sale or use therein
from any other State;
(f) "transferor State" means the State from which any weight
or measure made or manufactured therein, or kept therein, for
sale or use, is sent to, or delivered in any other State.
373
41.
Verification and stamping of weights and measures sent from one Stateto
another.
41. Verification and stamping of weights and measures sent from
one State to another. (1) Where any weight or measure, sent from a
transferor State for delivery, sale or use in a transferee State, is
such that-
(a) it is not required to be dismantled before its despatch
to th transferee State and is not likely to lose its accuracy
by reason of such despatch, it shall be known, for the
purposes of this Chapter, as a weight or measure of the first
category;
(b) it is required to be dismantled before its despatch to
the transferee State and re-assembled and installed for use
in the transferee State, it shall be known, for the purposes
of this Chapter, as a weight or measure of the second
category.
(2) Subject to the provisions of sub-section (1), the Central
Government may specify, by rules made in this behalf, the classes of
weights or measures which would, fall in the first category or the
second category, and may, from time to time, if the circumstances so
require, alter the category in which any class of weight or measure
has been specified.
(3) Weight or measure of the first category shall, before it is
despatched to any transferee State, be produced before the local
Inspector in the transferor State and if such Inspector is, after
verification of such Weight or measure, satisfied that such weight or
measure conforms to the standards established by or under this Act,
stamp the same with such special seal as may be specified by rules
made under this Act.
(4) A weight or measure of the second category shall not be
verified and stamped in, the transferor State but shall be verified
and stamped, after its re-assembly and installation for use, by the
local Inspector in the transferee State.
(5) The fees for the verification and stamping of every weight
or measure of-
(a) the first category shall be levied and collected by the
transferor State;
(b) the second category shall be levied and collected by
the transferee State,
in accordance with such scales as may be specified by rules made under
this Act.
(6) A weight or measure, whether of the first or second
category, shall not require periodical re-verification if it is
exclusively intended for domestic use and is not used by any member of
the medical profession in the course of such profession.
(7). No weight or measure, whether of the first or of the second
category, shall be verified and stamped unless fees for such
verification and stamping have been paid in accordance with the scales
specified under sub-section (5).
42.
Weight or measure of the first category to be presumed to be
correctthroughout the territory of India.
42. Weight or measure of the first category to be presumed to be
correct throughout the territory of India. (1) Every weight or
measure of the first category which is stamped with, the special seal
referred to in sub-section (3) of section ,41 shall be presumed to be
correct throughout the territory of India and shall not be required,
until its re-verification in the transferee State becomes due by
efflux of time, to be verified or stamped in the transferee State:
Provided that where the local Inspector in the transferee State
has any reason to believe that any weight or measure of the first
category has lost its accuracy in transit or has, for any other
reason, ceased to conform to the standards of weight or measure
established by or under this Act, he may, for reasons to be recorded
by him in within and
374
communicated to the Controller of the transferor State, through the
Controller of the transferee State,-
(a) verify such weight or measure; and
(b if, on verification, such weight or measure is found to be
Inaccurate,-
(i) cause such adjustment as is necessary to be made
as so as to make it conform to the standards established
by or under this Act, or
(ii) where he is of opinion that such adjustment is not
possible, reject it and obliterate the stamp thereon:
Provided further that where any verification, adjustment or
obliteration is made in exercise of the powers conferred by the
foregoing proviso, no fee shall be charged for such verification,
adjustment or obliteration.
(2) In computing the time when the re-verification of a weight
or measure of the first category shall become due in the transferee
State, the period during which such weight or measure remains unsold
or undistributed in the transferee State, shall be excluded.
43.
Weight or measure of the first category not to be sold or used in anyState
unless it is stamped in the transferor State.
43. Weight or measure of the first category not to be sold or
used in any State unless it is stamped in the transferor State. No
weight or measure of the first category shall be used, sold,
purchased, delivered or otherwise transferred in any transferee State
unless such weight or measure bears thereon the stamp made' with the
special seal referred to in sub-section (3) of section 41.
44.
Weights or measures of the second category received from transferorState to
be produced before the local Inspector of the transfereeState.
44. Weights or measures of the second category received from
transferor State to be produced before the local Inspector of the
transferee State. (1) Every person in a transferee State who receives
or delivers for sale or use therein any weight or measure of the
second category shall, after its re-assembly and installation for use,
have such, weight or measure verified and stamped by the local
Inspector in the transferee State.
(2) The local Inspector in the transferee State shall verify
every weight or measure of the second category and shall if he is
satisfied that such weight or measure conforms to the standards
established by or under this Act, stamp the same with the seal
prescribed by or under the State law In force in the transferee State.
(3) For the avoidance of doubt, it is hereby declared that where
any weight or measure of the second category is delivered or received
in a State from any other State, not for the purpose of sale or use
therein but for the transmission of such weight or measure to any
other State, then, such other State shall be deemed, for the purposes
of this Chapter, to be the transferee State in relation to such weight
or measure and the provisions of sub-section (1) and sub-section (2)
shall apply accordingly.
375
45.
Procedure when any weight or measure is transferred from a transfereeState to
another State.
45. Procedure when any weight or measure is transferred from a
transferee State to another State. Where any weight or measure, which
being in use in a transfer State, is sent to, or delivered in, any
other State for sale or use in such other State, then, such other
State shall also be deemed to be the transferee State in relation to
such weight or measure and the provisions this Chapter shall, so far
as may be, apply to the weight or measure to, or delivered in, such
other State.
46.
Manufacturers, etc., who send any weight or measure to any other Stateto submit
return to the Controller.
46. Manufacturers, etc., who send any weight or measure to any
other State to submit return to the Controller. Every manufacturer,
dealer or other person in a transferor State who sends to, or delivers
in, any transferee State any weight or measure whether of the first or
of the second category, shall-
(a) submit such periodical returns as may be prescribed, to
the Controller of the transferor State with regard to such
despatch, deli very or transfer and specify in such returns
the particulars of the weight or measure which has been sent
to, or delivered in, the transferee State;
(b) specify in such periodical returns the particulars of the
person to whom such weight or measure has been sent, or
delivered in the transferee State; and
(c) forward a copy of such periodical returns to the
Controller of the transferee State.
PART
IMPORT AND EXPORT OF WEIGHTS AND MEASURES
PART V
IMPORT AND EXPORT OF WEIGHTS AND MEASURES
CHAP
Registration of exporters and importers
CHAPTER I
Registration of exporters and importers
47.
Persons exporting or importing any weight or measure to get
themselvesregistered.
47. Persons exporting or importing any weight or measure to get
themselves registered. (1) No dealer or manufacturer shall export or
Import any weight or measure unless he is registered under this
section as such exporter or importer, as the case may be.
(2) Every person who intends to commence or continue business
as an exporter or importer of any weight or measure shall make, within
such time from the commencement of this Act as may be prescribed, an
application for the inclusion of his name in the register to be
maintained for the purpose.
(3) The application referred to in sub-section (2) shall be made
to the Director and every such application shall be made in such form,
In such manner and on payment of such fees, not exceeding ten rupees,
as may be prescribed.
(4) On receipt of an application referred to in sub-section (2),
the Director shall, if he is satisfied after such inquiry as he may
think fit, that it is expedient in the public interest so to do,
include the name of the applicant in the register referred to in sub-
section (2) and issue to the applicant a certificate to the effect
that his name has been so included and send a copy of the said
certificate to the Controller of Legal Metrology in the State in which
such exporter or importer is carrying on his business.
(5) A certificate granted under sub-section (4) shall be valid
for the period specified therein and may be renewed, from time to
time, for such further period as may be prescribed,
376
CHAP
Export and import of weights, measures and commoditiesin packaged form
CHAPTER II
Export and import of weights, measures and commodities
in packaged form
48.
Conditions under which export of non-standard weights and measures andother
goods may be made.
48. Conditions under which export of non-standard weights and
measures and other goods may be made. (1) Subject to such conditions,
limitations and restrictions as may be prescribed, the Central
Government may allow the export of any weight or measure which has
been made or manufactured exclusively for export with the previous
permission of that Government notwithstanding that such weight or
measure does not conform to the standards established by or under this
Act.
(2) Where any commodity in packaged form Is exported and the
person to whom such export is to be made so requires, the exporter
may, in addition to specifying the net contents of such package In
terms of the standards unit of weight or measure established by or
under this Act, also specify the weight or the net contents thereof In
terms of such units of weight or measure as may be specified by the
person to whom such commodity is to be exported.
(3) Notwithstanding anything contained elsewhere in this Act, in
relation to any goods which are exported-
(a) quotation of any price;
(b) Issue a any price list, invoke or cash memo;
(c) indication of the weight or measure or number of net
contents of any package on any label, carton or other thing;
(d) expression of any dimension,
may be made in accordance with any other system of weight, measure or
numeration if the person to whom the export is to be made so requires.
49.
Non-metric weight or measure not to be imported.
49. Non-metric weight or measure not to be imported. (1) Save as
otherwise provided in sub-section (2) no weight or measure, whether
singly or as a part or component of any machine or machinery, shall be
imported unless it conforms to the standards of weight or measure
established by or under this Act.
(2) Where any commodity, machinery or tiny part or component of
any machinery is imported from a country in which the metric, system
of weight or measure is not in force, or in which such system being in
force, such commodity, machinery, part or component of any machinery
has not been, made or manufactured in accordance with such system, the
importer shall, before making such import, make an endeavour to
obtain, on such commodity, machinery, part or component, and also on
the drawings thereof, the weight or measurement thereof expressed in
terms of the standard unit of weight or measure established by or
under this Act:
Provided that where any weight or measure has not been expressed
in terms of the standard unit of weight or measure established by or
under this Act, on any commodity, machinery, part or component or on
any drawings thereof the importer shall, within six months from the
date of import, get the weight or measure thereof expressed on such
commodity, machinery, part or component and On the drawings thereof in
terms of the standard unit of weight or measure established by or
under this Act.
377
PART
OFFENCES AND THEIR TRIAL
PART VI
OFFENCES AND THEIR TRIAL
50.
Penalty for use of non-standard weights or measures.
50. Penalty for use of non-standard weights or measures. Whoever
uses any weight or measure or makes any numeration otherwise than in
accordance with the standards of weight or measure or the standards of
numeration, as the case may be, established by or under this Act,
shall be punished with imprisonment for a term which may extend to six
months, or with fine which may extend to one thousand rupees, or with
both, and, for the second or subsequent offence, with imprisonment for
a term which may extend to two years and also with fine.
51.
Penalty for contravention of section 18.
51. Penalty for contravention of section 18. Whoever tampers
with, or alters, in any way, any reference standard, secondary
standard, or working standard except where such alteration is made for
the correction of any error noticed therein on verification, shall be
punished with imprisonment for a term which may extend to two years,
or with fine which may extend to five thousand rupees, or with both.
52.
Penalty for contravention of section 22.
52. Penalty for contravention of section 22. Except Where any
weight or measure is made or manufactured, with the permission of the
Central Government, exclusively for export, every person who makes or
manufactures any weight or measure which does not conform to the
standards of weight or measure establish by or under this Act, shall,
where such offence is not punishable under any other law relating to
weights and measures for the time being in force, be punished with
imprisonment for a term which may extend to one year, or with fine
which may extend to two thousand rupees, or with both, and, for the
second or subsequent offence with imprisonment for a term which may
extend to three years and also with fine.
53.
Penalty for contravention of section 23.
53. Penalty for contravention of section 23. Except where any
weight or measure is made or manufactured, with the permission of the
Central Government, exclusively for export, every person who makes or
manufactures any weight or measure which bears thereon any inscription
of weight, measure or number Which does not conform to the standards
of weight or measure or numeration established by or under this Act,
shall, where such offence is not punishable under any other law
relating to weights and measures for the time being in force, be
punished with imprisonment for a term which may extend to one year, or
with fine which may extend to two thousand rupees, or with both, and,
for the second or subsequent offence, with imprisonment for a term
which may extend to three years and also with fine.
54.
Penalty for contravention of section 29.
54. Penalty for contravention of section 29. Whoever obstructs
the Director or any person authorised to exercise the powers or
discharge the functions of the Director (hereafter, in this Part,
referred to as the "authorised officer") in the exercise of his powers
or discharge of his functions as such Director or authorised officer,
or with intent to prevent or deter the Director or such authorised
officer from exercising his powers or discharging his functions, or in
consequence of any thing done or attempted to be done by the Director
or such authorised officer in the lawful exercise of his powers or
discharge of his functions as such, shall be punished with
imprisonment for a term which may extend to two years, and, for the
second or subsequent offence, with Imprisonment for a term which may
extend to five years.
378
55.
Penalty for contravention of section 32.
55. Penalty for contravention of section 32. Whoever in the
course of any inter-State trade or commerce, makes any transaction,
deal or contract in contravention of the provisions of section 32
shall be punished with fine which may extend to two thousand rupees,
and, for the second or subsequent offence, with imprisonment for a
term which may extend to one year and also with fine.
56.
Penalty for contravention of section 33.
56. Penalty for contravention of section 33. Whoever, in the
course of any inter-State trade or commerce, contravenes the
provisions of section 33 shall be punished with fine which may extend
to two thousand rupees, and, for the second or subsequent offence,
with imprisonment for a term which may extend to three years and also
with fine.
57.
Penalty for contravention of section 34.
57. Penalty for contravention of section 34. Whoever, in the
course of any inter-State trade or commerce,--
(i) sells, delivers, or causes to be sold or delivered, to
the purchaser any quantity or number of any article or thing,
less than the quantity or number contracted for or paid for;
or
(ii) renders any service by weight, measure or number, less
than the service contracted for or paid for; or
(iii) demands, or causes to be demanded, or receives, or
causes to be received, while buying any article or thing, any
quantity or number of goods in excess of the quantity or
number contracted for, or paid for; or
(iv) obtains any service in excess of the service contracted
for or paid for,
shall be punished with fine which may extend to five thousand rupees,
and, for the second or subsequent offence, with imprisonment for a
term which may extend to five years and also with fine.
58.
Penalty for contravention of section 35.
58. Penalty for contravention of section 35. Whoever, being
required by or under this Act so to do, without any reasonable excuse,
omits or fails to maintain any record or register, or being required
by the Director or the authorised officers to produce any record or
register for his-inspection, omits or fails, without any reasonable
excuse, so to do, shall be punished with fine which may extend to one
thousand rupees, and, for the second or subsequent offence, with
imprisonment for i term which may extend to six months and also with
fine.
59.
Penalty for contravention of section 36.
59. Penalty for contravention of section 36. Whoever, being
required by section 36 to submit the model of any weight or measure
for approval, omits, or fails, without any reasonable excuse, so to
do, shall be punished with fine which may extend to five thousand
rupees, and, for the second or subsequent offence, with imprisonment
for a term which may extend to five years and also with fine.
60.
Penalty for manufacture of weights or measures unless approval ofmodel is
in force.
60. Penalty for manufacture of weights or measures unless
approval of model is in force. (1) Whoever makes or manufactures any
weight or measure which is, or is intended to be, sold, distributed,
delivered or 'otherwise transferred in the course of inter-State trade
or commerce, shall,; unless a certificate of approval of the model of
such weight or measure granted under section 36 is in force, be
punished with imprisonment for a term which may extend to two years
and shall also be liable to fine, and, for the second or subsequent
offence, with Imprisonment for a term which may extend to five years
and also with fine.
(2) Whoever, without any reasonable excuse, manufactures any
weight or measure in accordance with an approved model with any
379
material other than the material approved or recommended by the
prescribed authority, shall be punished with imprisonment for a term
which may extend to five years and also with fine.
61.
Penalty for contravention of section 38.
61. Penalty for contravention of section 38. Whoever makes or
manufactures any weight or measure without, complying with the
requirements of section 38 shall be punished wit fine which may extend
to five thousand rupees, and, for the second subsequent offence, with
imprisonment for a term which may extend five years and also with
fine.
62.
Penalty for sale, etc, of unverified weights or measures in the courseof
inter-State trade or commerce.
62. Penalty for sale, etc, of unverified weights or measures
in the course of inter-State trade or commerce. Whoever, in the
course of inter-State trade or commerce, sells, distributes, delivers
or otherwise transfers any weight or measure which does not conform to
the standards of weight or measure established by or under this Act or
which has not been duly verified under any other law relating to'
weights and measures for the time being in force, shall be punished
with fine which may extend to ten thousand rupees, and, for the second
or subsequent offence, with imprisonment for a term which may extend
to seven years and also with fine.
63.
Penalty for contravention of section 39.
63. Penalty for contravention of section 39. Whoever, in the
course of inter-State trade or commerce, sells, distributes, delivers;
or otherwise transfers, or causes to be sold, distributed, delivered
or otherwise transferred any commodity in a packaged form which does
not conform to the provisions of this Act or any rule made thereunder,
shall be punished with fine which may extend to five thousand rupees,
and, for the second or subsequent offence, with imprisonment for a
term which may extend to five years and also with fine.
64.
Penalty for contravention of section 47.
64. Penalty for contravention of section 47. Whoever exports or
imports any weight or measure without being registered under this Act
shall be punished with fine which may extend to one thousand rupees,
and, for the second or subsequent offence, with imprisonment for a
term which may extend to six months and also with fine.
65.
Penalty for contravention of section 48.
65. Penalty for contravention of section 48. Every person who
exports any weight or measure or commodity in packaged form which does
not conform to the standards of weight or measure established by or
under this Act shall, except where such export has been made with the
previous approval of the Central Government, be punished with fine-
which may extend to five thousand rupees, and, for the second or
subsequent offence with imprisonment for a term which may extend to
five years and also with fine.
66.
Penalty for contravention of section 49.
66. Penalty for contravention of section 49. Whoever
contravenes, without any reasonable excuse, the provisions of section
49, shall be punished with fine which may extend to five thousand
rupees, and, for the second or subsequent offence, with imprisonment
for a term which may extend to five years and also with fine.
67.
Penalty where no specific penalty is provided.
67. Penalty where no specific penalty is provided. Whoever
contravenes any provisions of this Act for the, contravention of which
no punishment has been separately provided in any of the provisions of
this Act, shall be punished with fine which may extend to two thousand
rupees.
380
68.
Presumption to be made in certain cases.
68. Presumption to be made in certain cases. (1) If any person,
in the course of inter-State trade or commerce, uses, or causes to be
used, sells, distributes, delivers or otherwise transfers, or causes
to be sold, distributed, delivered or otherwise transferred, any false
or unverified weight or measure, it shall be presumed, until the
contrary is proved, that he had done so with the knowledge that the
weight or measure was a false or unverified weight or measure.
(2) If any person makes or manufactures or has in his
possession, custody or control any false or, unverified weight or
measure in such circumstances as to indicate that such weight or
measure is likely to be used in the course of inter-State trade or
commerce, it shall be presumed, until the contrary is proved, that
such false or unverified weight or measure was made, manufactured,
possessed, held or controlled by such person with the knowledge that
the same would be, or is intended to be, used in-the course of inter-
State trade or commerce.
69.
Penalty for personation of officials.
69. Presumption to be made in certain cases. Whoever personates,
in any way, the Director, or any authorised officer, shall be punished
with imprisonment for a term which may extend to three years.
70.
Penalty for giving false information or false returns.
70. Penalty for giving false information or false returns. (1)
Whoever gives information to the Director or the authorised officer
which he may require or ask for in the course of his duty and which
such person either knows or has reason to believe to be false shall be
punished with imprisonment for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both.
(2) Whoever, being required by or under this Act so to do,
submits a return which is false in material particulars, shall be
punished with fine which may extend to two thousand rupees, and, for
the second or subsequent offence, with imprisonment for a term which
may extend to one year and also with fine.
71.
Vexatious actions.
71. Vexatious actions. (1) An authorised officer who knows that
there are no reasonable grounds for so doing, and yet-
(a) searches, or causes to be searched, any house,
conveyance or place; or
(b) searches any person; or
(c) seizes any weight, measure or other movable property,
shall, for every such offence, be punished with imprisonment for a
term which may extend to one year, or with fine which may extend to
two thousand rupees, or with both.
(2) If a local Inspector, as defined in section 40,--
(a) without any reasonable cause verifies any weight or
measure of first category, within the meaning of section 41,
(b) without any reasonable cause obliterates any stamp on
any such weight or measure,
in contravention of the provisions of the first proviso to section 42,
he shall, for every such offence be punished with imprisonment for a
term which may extend to one year, or with fine which may extend to
two thousand rupees, or with both.
381
72.
Cognizance of offences, etc.
72. Cognizance of offences, etc. Notwithstanding anything
contained in the Code of Criminal Procedure, 1973, (2 of 1974.)
1[(a) no court shall take cognizance of an offence punishable
under this Act except upon a complaint, in writing, made by-
(i) the Director;
(ii) any other authorised officer;
(iii) any person aggrieved; or
(iv) a recognised consumer association whether the person
aggrieved is a member of such association or not.
Explanation.-For the purposes' of this clause "recognised
consumer association" means, a voluntary consumer association
registered under the Companies Act, 1956 (1of 1956.) or any
other law for the time being in force:
(b) no court inferior to that of a Metropolitan Magistrate
or a Judicial Magistrate of the first class shall try any
offence under this Act;
(c) an offence punishable under section 50, section 52,
section 53, section 56, section 58, section 60, section 61,
section 63, section 64, section 65 or section 66, may be
tried summarily by a Magistrate and no sentence of
imprisonment for a term exceeding one year shall be passed In
the case of any conviction for an offence which is summarily
tried under this section.
73.
Compunding of offences.
73. Compunding of offences. (1) Any offence punishable under
section 50. section 55, section 56, section 57, section 58, section
59, section 60, section 63, section 64, section 65, section 66 or
section 67 may, either before or after the institution of the
prosecution, be compounded by the Director or such other officer as
may be specially authorised by him in this behalf, on payment for
credit to the Government of such sum as the Director or such other
officer may specify:
Provided that such sum shall not, in any case, exceed the maximum
amount of the fine which may be imposed under this Act for the offence
so compounded.
(2) Nothing in sub-section (1) shall apply to a person who
commits the same or similar offence within a period of three years
from the date on which the first offence, committed by him, was
compounded.
Explanation.-For the purposes of this sub-section, any second or
subsequent offence committed after the expiry of a period of three
years from the date on which the offence was previously compounded,
shall be deemed to be a first offence.
(3) Where an offence has been compounded under sub-section (1),
no proceeding or further proceeding, as the case may be, shall be
taken against the offender in respect of the offence so compounded,
and the offender, if in custody, shall be discharged forthwith.
(4) No offence under this Act shall be compounded except as
provided by this section.
74.
Offences by companies and power of court to publish name, place ofbusiness
etc, of companies convicted.
74. Offences by companies and power of court to publish name,
place of business etc, of companies convicted. (1) If an offence under
this Act is committed by 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 such person liable to punishment if he proves that the offence was
committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence.
----------------------------------------------------------------------
1. Subs. by Act 75 of 1986, s. 2 (w.e.f. 1.7.1987).
----------------------------------------------------------------------
382
(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 conni-
vance of, or is attributable to the neglect on the part of, any
director, manager, secretary or other officer, such director, manager,
secretary or other officer shall also be deemed to be guilty of that
offence and shall be liable to be proceeded against and punished
accordingly.
(3) Where any company is convicted under this Act for contraven-
tion of any of the provisions thereof, it shall be competent for the
court convicting the company to cause the name and place of business
of the company, nature of the contravention, the fact that the company
has been so convicted and such other particulars as the court may
consider to be appropriate in the circumstances of the case, to be
published at the expense of the company in such newspapers or in such
other manner as the court may direct.
(4) No publication under sub-section (3) shall be made until the
period for preferring an appeal against the orders of the court has
expired without any appeal having been preferred, or such an appeal,
having been preferred, has been disposed of.
(5) The expenses of any publication under sub-section (3) shall
be recoverable from the company as if it were a fine imposed by the
court.
Explanation.--For the purposes of this section-
(a) "company" means any body corporate and includes a, firm
or other association of individuals; and
(b) "director", in relation to a firm, means a partner,in
the firm.
75.
Provisions of Indian Penal Code not to apply to any
offencepunishable under this Act.
75. Provisions of Indian Penal Code not to apply to any
offence punishable under this Act. The provisions of the Indian Penal
Code, (45 of 1860.) in so far as such provisions relate to offences
with regard to weights and measures, shall not apply to any offence
which is punishable under this Act.
PART
TRAINING INSTITUTE
PART VII
TRAINING INSTITUTE
76.
Establishment of a training Institute and provisions for trainingthereat.
76. Establishment of a training Institute and provisions for
training thereat. (1) There shall be established by the Central
Government, at such place as it may think fit, an Institute to be
known as the "Indian Institute of Legal Metrology" (hereafter referred
to as the "Institute") for imparting training in legal metrology and
other allied branches of knowledge.
(2) The management and control of the Institute, which shall
vest in the Central Government, shall be carried on in accordance with
such regulations as may be made by the Central Government.
(3) The Central Government shall provide the Institute with such
teaching staff and other employees, and with such equipments and other
facilities as it may think fit to enable the Institute to function
effectively as an institution for imparting adequate training in legal
metrology and other allied branches of knowledge.
383
(4) The courses and curricula for training at the Institute and
period for: which the-training may be imparted thereat for each course
shall be such as may be prescribed.
(5) The Central Government shall prescribe the minimum qualifi-
cations which a person shall possess in order to be eligible for
admission to the Institute for receiving training thereat and
different, qualifications may be prescribed for different courses of
training imparted at the Institute,
(6) The Central Government and every State Government may de-
pute, in. such batches as may be convenient to the Institute employees
of, or above, the rank of an Inspector for receiving training at the
Institute and the Central Government may also arrange for the
training, at the Institute, of such other persons as it may think fit.
(7) The Institute may,--
(a) carry out such researches in legal metrology and other
allied branches of knowledge as may be entrusted to it by the
Central Government, and
(b) hold such seminars, meetings or other gatherings as it
may think fit.
77.
Training at other places.
77. Training at other places. Where the Central Government is of
opinion that in addition to the training imparted at the Institute, it
is necessary to impart to an employee; not below the rank of an
Inspector, further specialised training which is not provided for at
the Institute, it may send such employee to such other place,
authority or institution as it may think fit for receiving such
specialised training.
PART
MISCELLANEOUS PART VIII
MISCELLANEOUS
78.
Survey and statistics.
78. Survey and statistics. The Central Government shall make, or
cause to be Made, such surveys and collect, or cause to be collected,
such statistics as it may consider necessary with a view to
ascertaining the extent to which any standard of weight, measure or
numeration established by or under this Act has been implemented in
any area or in relation to a every class of undertakings, users or
goods and it shall be the duty of every person using weight or measure
or making any numeration to render such assistance as the person
making such survey or collecting such statistics may require.
79.
Conversion of non-metric weights and measures into standard units orweights
or measures.
79. Conversion of non-metric weights and measures into
standard units or weights or measures. (1) The value expressed in
terms of any unit of weight or measure other than in terms of the
standard units of weight or measure may be converted into the value
expressed in terms of a standard unit of weight or measure at the rate
specified in the Schedule.
(2) All references in any enactment or in any notification, rule
or order made under any enactment, or in any contract, deed or other
instrument, for the time being in force, to a value expressed in terms
of any unit of weight, measure or numeration other than that of a
standard unit of weight, measure or numeration shall be construed as
references to that value expressed in terms of standard units of
weight, measure or numeration, as the case may be, converted at the
rates specified in the Schedule.
384
80.
Non-metric weight or weight or measure not to be mentioned in
anydocuments, etc., or to form the basis of any contract after
thecommencement of this Act.
80. Non-metric weight or weight or measure not to be mentioned
in any documents, etc., or to form the basis of any contract after
the commencement of this Act.(1) No unit of weight, measure or
numeration shall, after the commencement of this Act, be stated in any
enactment, notification, rule, order, contract, deed or other
instrument in terms of any unit of weight, measure or numeration other
than that of a standard unit of weight, measure or numeration.
(2) On and from the commencement of this Act, no weight, measure
or number other than the standard weight, measure or number shall be
used in, or form the basis of, any contract or other agreement in
relation to any inter-State or international trade or commerce:
Provided that in relation to any goods which are exported the
weight, measure or number of such goods may be indicated thereon, or
in any contract, in addition to the standard units of weight, measure
or numeration, in accordance with any other system of weight, measure
or numeration if the person to whom the export is to be made so
requires.
(3) Any contract or other agreement in contravention of the
provisions of sub-section (2) shall be void.
(4) No written record of the results of any measurement shall be
maintained in any unit other than the standard unit of weight, measure
or numeration established by or under this Act.
81.
Appeals.
81. Appeals. (1) Subject to the provisions of sub-section (2),
any person aggrieved by an order made under section 30 or section 36
may prefer an appeal against such order to the Director, or where the
order, has been made by the Director, to the Central Government.
(2) Every such appeal shall be preferred within sixty days from
the date on which the impugned order was made:
Provided that the appellate authority may, if it is satisfied
that the appellant was prevented by sufficient cause from preferring
the appeal within the said period of sixty days, permit the appellant
to prefer the appeal within a further period of sixty days.
(3) On receipt of any such appeal, the appellate authority
shall, after giving the parties to the appeal a reasonable opportunity
of being heard and after making such inquiry as it deems proper, make
such order, as it may think fit, confirming, modifying or reversing
the order appealed against or may send back the case with such
direction as it may think fit for a fresh order after taking
additional evidence, if necessary.
(4) Every appeal shall be preferred on payment of such fee, as
may be prescribed.
(5) The Central Government may, on its own motion or otherwise,
call for and examine the record of any proceeding (including a pro-
ceeding in appeal) in which any decision or order has been made, for
the purpose of satisfying itself as to the correctness, legality or
propriety of such decision or order and may pass such order thereon as
it may think fit:
Provided that no decision or order shall be varied under this
subsection so as to prejudicially affect any person unless such person
has been given a reasonable opportunity of showing cause against the
proposed action.
385
82.
Levy of fees.
82. Levy of fees. (1) The Central; Government may, by rules made
under section 83, specify such fees, not exceeding--
(a) five thousand rupees, for the approval of the model of
any weight or measure intended to be made or manufactured for
sale, purchase, distribution or delivery in the course of any
inter-State trade or commerce;
(b) one thousand, rupees, for the verification and stamping
of a weight or measure of the first category within the
meaning of section 41;
(c)five thousand rupees, for the verification and stamping of
a weight or measure of the second category, within the
meaning of section 41;-
(d) one rupee for every 100 words or less, for the grant of
copies 'of nature;any document, not, being a document of a
confidential
(e)_ ten rupees, for the registration of exporters or
importers of weights and measures;
(f) twenty-five rupees for any appeal preferred under this
Act.
(2) No approval, verification or stamping shall be, made, copy
granted, registration made or appeal entertained unless the fee
prescribed therefor under sub-section (1) has been paid.
83.
Power to make rules.
83. Power to make rules. (1) The Central Government may, by
notification, make,rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of
the foregoing power, such.rules may provide for all or any of the
following matters, namely: -
(a) supplementary, derived, special or other units of,
weight or measure, standard symbols or definitions, as
recommended by the General Conference on Weights and Measures
or the International Organisation of Legal Metrology;
(b) multiples and sub-multiples of, and physical constants,
ratios or coefficients in relation to units of weight or
measure, as recommended by the General Conference on, Weights
and Measures or the International Organisation of Legal
Metrology;
(c) denominations of decimal multiples and sub-multiples of
numerals and the manner in which they shall be written;
(d)periodical intervals at which the accuracy of the objects
or equipments referred to in sub-section (1) or sub-section
(2) of section 16 shall be certified;
(e) the manner in which and the conditions under which
every national prototype, referred to in section 15, and
every object or equipment referred to in section 16, shall be
kept;
(f) the manner in which and the conditions under which
every reference standard, secondary standard or working
standard shall be kept;
386
(g) the place at which, the authority by which, the manner
in which and the periodical intervals at which, every
reference standard, secondary standard and working standard
shall be verified and authenticated;
(h) the custody in which every reference standard,
secondary standard or working standard shall be kept;
(i) the physical characteristics, configuration,
constructional details, materials, equipment, performance,
tolerances methods or procedures of tests, in relation to
weights or measures;
(j) the conditions, limitations and restrictions under
which nonstandard weights or measures may be manufactured for
export or may be exported;
(k) the manner of disposal of any commodity which is sub-
ject to speedy or natural decay;
(l) class of goods or undertakings in relation to which, or
class of users in relation to whom, no transaction, dealing
or contract shall be made or had except by specified weight,
measure or number;
(m) registers and records to be maintained by persons
referred to in section 35;
(n) the authority to whom models are to be submitted for
approval;
(o) the number of models, drawings and other information
which are to be submitted for the approval of the model;
(p) the conditions under which the performance of any model
is to be tested;
(q) the manner in which the number of model and certificate
shall be inscribed on every weight or measure;
(r) the manner of declaration of the contents of a package
and specification of the unit of weight , measure or number
in accordance with which the retail sale price shall be
declared on the package;
(s) the standard quantities or number in which commodities
way be packed;
(t) the capacity up to which a package shall be filled;
(u) the reasonable variations in the net contents of a
packaged commodity which may be caused by the method of
packing or ordinary exposure;
(v) the classes of weights or measures which would fall in
the _first category or the second category;
(w) the special seal by which weights or measures of the
first category shall be stamped;
(x) periodical returns to be submitted by every
manufacturer dealer or other person in a transferor State;
(y) the form and manner in which, and the time within
which, applications for inclusion of a name in the register
of exporters and Importers of weights and measures shall be
made;
387
(z) the period for which certificate of registration of an
exporter or importer of weights or measures may be renewed;
(za) the courses and curricula for, and the period of,
training at the Institute;
(zb) the minimum qualifications for admission to the
Institute;
(zc) the scales in accordance with which fees may be collec-
ted under section 82;
(zd) any other matter which is required to be, or may be,
prescribed.
(3) In making any rule under this section, the Central
Government may provide that a breach thereof shall be punishable with
fine which may extend to two thousand rupees.
(4) Every rule made by the Central Government under this Act
shall be laid, as soon as may be after it is made, before each House
of Parliament, while it is in session, for, a total period of thirty
days which may be comprised In one session or in two or more
successive sessions, and if, before the expiry of the session
immediately following the session or the successive sessions
aforesaid, both Houses agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall
thereafter have effect only in such modified form or be of no effect,
as the case may be; so, however, that any such modification or
annulment shall be without prejudice to the validity of anything
previously done under that rule.
84.
Continuance of certain weights and measures during transitionalperiod.
84. Continuance of certain weights and measures during
transitional period. (1) Notwithstanding that this Act has come into
force in respect of any area or class of goods or undertakings or
class of weights and measures or users of weights and measures in the
State of Sikkim, the Central Government way, by notification, permit
the continuance of the use, after such commencement, in respect of
that area or class of goods or undertakings, 'or for classes of users
of weights and measures, of such weights and measures in addition to
the standard weights or measures, and for such period, not exceeding
five years, as may be specified in the notification.
(2) Nothing in sub-section (1) shall be deemed to empower the
Central Government to Issue any notification in respect of any weight
or measure which was not in use in the State of Sikkim immediately
before the commencement of this Act.
85.
SCHE
(See section 79)
THE SCHEDULE
(See section 79)
(1) Length
1 inch =0.025 4 metre
1 foot =0.304 8 metre
1 yard =0.914 4 metre
1 mile =1609.344 metres
1 nautical mile (UK)- 1 853.18 metres
For Survey of India only
1 foot =0.304 799 6 matre
(2) Area
1 square Inch =0.000 645 16 square metre
1 square foot =0.092 903 04 square metre
1 square yard =0.836 127 36 square metre
1 square mile =2 589 988.110 336 square metres
For Survey of India only
1 square foot =0.092 903 square metre
1 acre =4046.856 1 square metres
=0.404 685 61 hectare
(3) Volume:
1 cubic inch =0.000 016 287 064 cubic metre
1 cubic foot =0.028 316 846 592 cubic metre
1 cubic yard =0.764 554 857 984 cubic metre
1 gallon (UK) =0.004 546 087 cubic metre
1 gallon (USA) = 0.003 785 411 784 cubic metre
1 bushel (USA)
(2 150.42 cubic = 0.035 293 070 17 cubic metre
inches)
1 barrel (for =0.158 987 294 928 cubic metre
petroleum)
1 acre-foot =1 233.482 cubic metres
(4) Mass:
1 grain =0.000 064 798 91 kilogram
1 tola =0.011 663 803 8 kilogram
1 seer =0.933 104 304 kilogram
1 maund =37.324 172 16 kilogram
389
1 ounce (troy) = 0.031 103 476 8 kilogram
1 pound (avoirdupois) =0.453 592 37 kilogram
1 hundredweight (UK) =50.802 345 44 kilograms
1 hundredweight (USA)=45.359 237 kilograms
1 ton (UK) =1 016.046 908 8 kilograms
1 ton (USA) =907.184 74 kilograms
(5) Temperature :
1 degree Fahrenheit (unit) = 5/9 kelvin or degree (celsius)
temperature in degrees =5/9 (t 0 F 459.67) kelvins
Fahrenheit
(t 0 F) =5/9 (t 0 F-32) degree celsius
(6) Force :
1 pound-force =4.448 121 615 260 5 newtons
1 poundal =0.1 38 254 954 376 newton
(7) Pressure i
1 barometric inch of
mercury =3 386.388 640 341 Pascals
1 inch-of water =249.088 91 pascals
(8) Energy :
1 British thermal unit =1 055.055 852 62 joules
1 foot-pound-force = 1.355 817 948 331 400 joules
(9) Power :
1 horse-power (UK) =745.699 871 582 270 22 Watts
1 horsepower (European) =735.498 75 watts
1 ton of refrigeration = 35 16.852 842 67 Watts.
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