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STANDARDS OF WEIGHTS AND MEASURES ACT

Ministry of Law and Justice

Act nº 60 of 1976


  • Part I
  • Part II
    • Chapter I
    • Chapter II
    • Chapter III
    • Chapter IV
  • Part III
  • Part IV
    • Chapter I
    • Chapter II
    • Chapter III
    • Chapter IV
    • Chapter V
  • Part V
    • Chapter I
    • Chapter II
  • Part VI
  • Part 7
  • Part 8
  • Schedules
  • Act nº 60 of 1976

Preamble

THE STANDARDS OF WEIGHTS AND MEASURES ACT, 19761

[Act, No. 60 of 1976]

[8th April, 1976]

PREAMBLE

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:-

1. Published in the Gazette of India, Extra, Pt.II, sec. 1, dated 8th April, 1976, p.501.


Part I

Section 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 date1as the Central Government may, by notification, appoint, and different dates may be appointed for different-

(a) provisions of this Act1,

(b) areas,

(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 areas 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.

1. Sections 1, 2 and 3, sections 28 and 29, clause (b) of section 31, section 39, sub-section (2) of section 48, section 54, section 63, section 67, sections 69, 70, 71, 72, 73 and 74, section 78 and section 83 came into force on 20-9-1977, vide G.S.R. 620 (E), dated 26th September, 1977, published in the Gazette of India, Extra., Pt. II, Sec. 3 (i), dated 26th September, 1977. Section 76 and 77 came into force on 1-4-1980, vide G.S.R. 193(E), dated 1st April, 1980, published in the Gazette of India, Extra., Pt. II, Sec. 3(i), dated 2nd April, 1980. Sections 4 to 27 (both inclusive), section 30, clauses (a) and (c) of section 31, sections 32 to 38 (both inclusive), sections 40 to 47 (both inclusive), sub-sections (1) and (3) of section 48, sections 49 to 53 (both inclusive), sections 55 to 63 (both inclusive). Sections 64, 65 and 66, section 68, section 75, sections 79 to 82 (both inclusive) and sections 84 and 85 came into force on 1-7-1987, vide G.S.R. 617(E) dated 1st July, 1987, published in the Gazette of India, Pt. II, Sec. 3(ii), dated 1st July, 1987.


Section 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, 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;

(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 expressions, means bringing into India from a place outside India;

(j) "International Bureau of Weights and Measures" means the Bureau International des Poids et Mesures, established under the Convention due Metre, at Severs in France;

(k) "International Organisation of Legal Metrology" means the Organisation International de Metrologie Legal established under the Convention Instituant Une Organisation International de Metrologie 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, measure 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) "level" 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 a 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,

(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 measurer 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 him or it, such branch office shall not be deemed to be a manufacturer even though the parts so despatched to it are assembled at such branch office;

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

(q) "person" includes

(i) every department of 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 in 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 or 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, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms 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 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 or 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 working 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, engraving, 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 variation 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;

(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.

Section 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 II

Chapter I

Section 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 purpose 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.

Section 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 2p10 and 5d5 of the krypton-86 atom.

Section 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.

Section 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.

Section 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 107newton per metre of length.

Section 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.

(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.

Section 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.

Section 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 particles, or specified groups of such particles.