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STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT

Ministry of Law and Justice

Act nº 54 of 1985


  • Chapter 1
  • Chapter 2
  • Chapter 3
  • Chapter 4
  • Chapter 5
  • Chapter 6
  • Chapter 7
  • Chapter 8
  • Chapter 9
  • Chapter 10
  • Chapter 11
  • Chapter 12
  • Act nº 54 of 1985

Preamble

THE STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 19851

[Act, No. 54 of 1985]

[4th September, 1985]

PREAMBLE

An Act to provide for the enforcement of the standards of weights and measures established by or under the Standards of Weights and Measures Act, 1976, and for matters connected therewith or incidental thereto.

be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-

1. Published in the Gazette of India, Extra., Pt. II, sec. 1, dated 4th September, 1985.


Chapter 1

Section 1. Short title, extent and commencement

(1) This Act may be called the Standards of Weights and Measures (Enforcement) Act, 1985.

(2) It extends to the whole of India.

(3) It shall come into force in a State on such date as the State Government may, by notification, appoint, and different dates may be appointed for different provisions thereof, in or in relation to, different

(a) areas in the State; or

(b) classes of undertakings in the State; or

(c) classes of goods produced, sold, distributed, marketed or transferred in the state; or

(d) classes of services rendered in the State; or

(e) classes of weights and measures manufactured, sold, distributed, marketed, transferred, repaired or used in the State; or

(f) classes of users of weights and measures in the State,

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 this Act, or, as the case may be, of that provision, in such areas or in respect of such classes of undertakings, goods, services, classes of weights and measures or classes of users of weights and measures, in relation to which, or whom, this Act has been brought into force.

Section 2. Act not to apply to inter-State trade or commerce

Nothing in this Act shall apply to any inter-State trade or commerce in,

(a) any weight or measure, or

(b) any other goods which are sold, delivered or distributed by weights, measure or number.

Section 3. Definitions

In this Act, unless the context otherwise requires,

(a) "Additional Controller" includes a Joint Controller, Deputy Controller and an Assistant Controller appointed under section 5;

(b) "authorised seal or stamp" means a seal or stamp under, and in accordance with, the provisions of this Act;

(c) "Controller" means the Controller of Legal Metrology appointed under section 5;

(d) "counterfeit", in relation to a seal or stamp, means a seal or stamp which is so made as to resemble an authorised seal or stamp, as the case may be, intending by that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised;

Explanation I.It is not essential that the resemblance of the counterfeit seal or stamp to the authorised seal or stamp should be exact.

Explanation II.When a person caused a counterfeit seal or stamp to resemble an authorised seal or stamp and the resemblance is such that if a person relies on such seal or stamp, he might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the seal or stamp to resemble the authorised seal or stamp intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be pactised;

(e) "heap" means any unit of a commodity for sale where such sale is intended to be made without any weighment or measurement or, where the sale is made by number, without counting the number;

(f) "Inspector" means a person who is appointed as such under section 5, by whatever name called;

(g) "mint" means a mint of the Central Government;

(h) "notification" means a notification published in the Official Gazette;

(i) "prescribed" means prescribed by rules made under this Act;

(j) "protection" means the utilisation of any weight or measure, or any reading obtained with the help of any weight or measure, for the purpose of determining whether or not any step is required to be taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively;

(k) "Standards Act" means the Standards of Weights and Measures Act, 1976 (60 of 1976);

(l) "standard weight or measure" means a weight, measure or number which conforms to the standards established in relation thereto by or under the Standards Act;

(m) "State Act" means the Act enacted by the Legislature of a State for the enforcement of the standards established by or under the Standards of Weights and Measures Act, 1956 (89 of 1956);

(n) "State Government", in relation to Union territory, means the Administrator thereof;

(o) words and expressions used in this Act and not defined but defined in the Standards Act shall have the meanings respectively assigned to them in that Act.

Section 4. Provisions of this Act to override the provisions of any other law except the Standards Act

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act and the Standards Act or in any instrument having effect by virtue of any enactment other than this Act or the Standards Act.

Chapter 2

Section 5. Appointment of Controllers, Inspectors and other officers and staff

(1) The State Government may, by notification, appoint a Controller of Legal Metrology for the State and as many Additional, Joint, Deputy or Assistant Controllers, Inspectors, 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 or the Standards Act.

(2) Every Additional Controller, Inspector or other officer, appointed under sub-section (1), shall exercise such powers and discharge such functions of the Controller as the State Government may, by notification, authorise in this behalf.

(3) The Controller may, by general or special order, define the local limits within which each Additional Controller, Inspector 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 Controller, Inspector and 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 Controller 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 or under this Act and not by way of authorisation.

(5) The Controller and every Additional Controller and other officer authorised by or under this Act may also

(a) perform all or any of the functions of, and

(b) exercise all or any of the powers conferred by this Act or any rule or order made thereunder, on,

an Inspector.

Section 6. Power to authorise Inspector to adjust weights or measures

Where the Controller is of opinion that it is necessary so to do, he may, by an order in writing, authorise any officer not below the rank of an Inspector, to adjust any weight or measure in any area within the local limits of his jurisdiction.

Section 7. Controller and officers appointed under this Act to be public servants

(a) The Controller and every Additional Controller, and every Inspector, and

(b) every other officer authorised by or under this Act to perform any duty, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

Section 8. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against the Controller, any Additional Controller, Inspector or any other person authorised by or under this Act to exercise any power or to perform any duty in respect of anything which is in good faith done or intended to be done under this Act or the Standards Act or any rule or order made under either of the Act aforesaid.

Chapter 3

Section 9. Prohibition of use of weights and measures other than standard weights and measures

(1) Notwithstanding any custom, usage or method of whatever nature, no weight or measure, other than the standard weight or measure, shall be used or kept in any premises in such circumstances as to indicate that such weight or measure is intended, or is likely to be used, for any weighment or measurement.

(2) On and from the commencement of this Act, no weight, measure or number, other than the standard weight or measure shall be used in, or form the basis of any contract or other agreement in relation to any trade, commerce, production or protection.

(3) Any contract or other agreement, which contravenes the provisions of sub-section (2) shall be void.

Section 10. Use of weights only or measures only in certain cases

(1) The State Government may by rules made in this behalf, direct that in respect of the classes of goods, services or undertakings or users specified therein.-

(a) no transaction, dealing or contract shall be made or had, or

(b) no industrial production shall be undertaken, or

(c) no use for protection shall be made,

except by such weight, measure or number as may be specified therein.

(2) Any rule made under sub-section (1) shall taken effect in such area, from such future date and subject to such conditions, if any, as may be specified therein.

Section 11. Prohibition of quotations, etc., otherwise than in terms of standard weight or measure

Except where he is permitted under the Standards Act so to do, no person shall, in relation to any goods or things which are sold, transferred, distributed or delivered, or any service rendered

(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) mention any weight or measure in any advertisement poster or other document, or

(d) indicate the weight, measure or number of the net contents of any package on the package itself or on any label, carton or other thing, or

(e) express, in relation to any transaction, industrial production or protection, any quantity or dimension,

otherwise than in accordance with the standard weight or measure.