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standards of weights and measures act, 1976

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 there under, shall be punished with fine which may extent 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. Every person who intends to commence or continue business as an exporter or importer of any weight or measure shall make, within prescribed time, an application for the inclusion of his name in the register to be maintained for the purpose. The Standards of Weights and Measures Act 1976. Sir, I am a Goldsmith in Punjab. THE STANDARDS OF WEIGHTS AND MEASURES ACT, 1976, An Act to establish standards of weights and measures, to regulate trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number, to provide. 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. (ii) a warehouse, go-down or other place where any weight measure or other goods are stored or exhibited. Towards this end, the Rules have been amended to incorporate new specification of automatic rail weighbridges, digital type clinical thermometers, automatic gravimetric filling instruments, Standard Weights for testing higher capacity weighing machines, discontinuous totalising automatic weighing instruments Sphygmomanometer and CNG gas dispensers based on OIML recommendation. (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. 49. (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 there under. (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 in the course of inter-State trade or commerce; (c) every service which is rendered by weight, measure or number in relation to, or in the course of, inter-State trade or commerce. (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. (a) it is not required to be dismantled before its dispatch to the transferee State and is not likely to lose its accuracy by reason of such dispatch, 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 dispatch 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. (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. The Standard of Weights and Measures Act, 1976, aims at introducing standards in relation to weights and measures used in trade and commerce. 41. (1) The base unit of numeration shall be the unit of the international form of Indian numerals. The ultimate objective is to Protects the interests of consumerObjectives: The Act enlists the following objectives –. (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. 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. The degree Celsius may also be used for expressing the interval or difference of temperature. (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. Matters of national policy and other related functions such as, uniform laws on weights and measures, technical regulations, training, precision laboratory facilities and implementation of the International Recommendations are to be looked after by Central Government. Kinji Saito v. (4) Every appeal shall be preferred on payment of such fee, as may be prescribed. (1) The base unit of luminous intensity shall be the candela. of the - Commonwealth of Australia; ‘use for trade’ means use in connection with or with a view to a transaction for: (a) the transferring or rendering of money or money’s worth in (1) The base unit of amount of substance shall be the mole. (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. (1) The Standards of Weights and Measures Act, 1956, is hereby repealed. INTER-STATE TRADE OR COMMERCE IN WEIGHT, MEASURE OR OTHER GOODS, 31. (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, with in the meaning of section 41; (d) one rupee for every 100 words or less for the grant of copies of any document, not being a document of confidential nature; (e) ten rupees for the registration of exporters or importers or weights and measures; (f) twenty-five thousand rupees for any appeal preferred under this Act. (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 inter-State 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,--. 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 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. (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. (1) Every unit of weight or measures shall be based on the units of the metric system. (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. 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 offence with imprisonment for a term which may extend to five years and also with fine. (3) Every reference Standard referred to in sub-section (2) shall be kept at such place and such custody as may be prescribed and no such reference standards shall be deemed to be a reference standard and shall by used as such unless it has been verified and authenticated in accordance with the rules made under this Act. 25. 34. 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, 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. (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 continued 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. (2) The definition of second shall be prescribed. 80 (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) 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 :--. (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. 64. 52. of Consumer Affairs, being the central authority for dealing with the subject, is required to handle all the matters falling within the purview of the Central Government. (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. (2) Any numeral which conforms to the provisions of section 13 shall be the standard numeral. 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. Standards of weights and measures (ENFORCEMENT) act, 1985
Divya Raman
Corporate Department
2. The Standards Of Weights And Measures Act, 1976 (60 of 1976) 182 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 . In this Act, unless the context otherwise requires,--. 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 40. (iv) obtains any service in excess of the service contracted for or paid for. (1) Every weight or measure of the first category which is stamped with the special seal referred to in sub-section (3) of section 40 shall be presumed to correct throughout the territory. units or standard symbols or definitions as the General Conference on Weights and Measures or the International Organisation of Legal Metrology may recommend. 54. (2) If a local Inspector, as defined in section 40,--. manufactured by himself or itself, as the case may be. 59. The Standards of Weights and Measures Act,1976. (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-- 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. (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. (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, (c)Classes of undertakings, (d)Classes of goods, The Author, Anshul Gupta, is a student of Jamnalal Bajaj School of Legal Studies , Banasthali University. An Act to establish standards of weightsand measures, to regulate inter-State trade or commerce in weights, measuresand other good which are sold or distributed by weight, measure or number, andto provide for matters connected therewith or incidental thereto. There are 8 parts of this Act. Ans. Part III Appointment and powers of director and other staff. Ans .A fine ( R 500/- to 1000/- and imprisonment upto seven years, if violation (( of non-standard units in non-metric system for weights and measures) of any provision of the Act is found. Preamble.- An Act to establish standards of weights and measures, to regulate inter-State trade or commerce in weights, measures and (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 weights or measure established by or under this Act. 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 making 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. (4) No offence under this Act shall be compounded except as provided by this section. 13. 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. (2) The definition of 'mole' shall be prescribed. An Act for legalising and preserving the restored Standards of Weights and Measures The 1834 burning of Parliament had destroyed the physical standards referred to in earlier statues; the 1835 act ignored this fact. (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) 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 or being made or manufactured, at the, commencement of this Part, models of such weight or measure shall be submitted to the prescribed authority from ut of the weights or measures which have already been, or which are in the process, 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. (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. The Rules also require importers to provide certain basic declarations on imported packages, similar to those for indigenous packages. Standards of Weights and Measures Act 1976. (1) An authorized 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. Q3. in India, the approval in relation to the model shall stand suspended until a suitable material becomes available in India. (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 reassembly and installation for. 65. (2) The definition of kilogram shall be prescribed. (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 think fit. Changes to Legislation. THE WEIGHTS AND MEASURES ACT (31~2 May, 1976.1 PART I. ESTABLISHMENT OF STANDARDS OF WEIGHTS AND MEASURES. Short title, extent and commencement. 53. Standards of Weights and Measures Act, 1976 (Act No. (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 required, alter the category in which any class of weight or measure has been specified. (3) Notwithstanding anything contained elsewhere in this Act, in relation to any goods which are exported--. 63. 50. 4. 61. In exercise of the powers conferred by section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules, namely :- FACT SHEET Where the Central Government is of the opinion that by reason of the size or nature of any secondary standard of working standard referred to in section 25, it is not desirable or prac- ticable 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. the standards of weights and measuresact, 1976 act no. Q5. 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. Explanation--'Derived unit' means a unit which is derived from the base, or supplementary, units or both. The Act being one of Parliament short titled as the Standards of Weights and Measures Act, 1976 and has received assent of the President of India on 8th April, 1976. (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. View standards of weights and measures act.ppt from FBTI 1102 at Kerala Agricultural University. (v) every other society registered under the Societies Registration Act, 1860; (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. 47. 72. 21. STANDARDS OF WEIGHTS AND MEASURES ACT, 1976 [SECOND SCH. 12. Custody and verification of standard equipments. (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. (a) ascertaining whether such models conform to the standards established by or under this Act; (b) finding out the ability of such models to maintain accuracy over periods of sustained use; and. (3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as the Central Government may, after previous publication, specify. Weights and Measures Act 1976 . (a) 'Controller' means the person appointed as such 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 as 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. (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 Centra Government may, 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. 27. Thanks, WhatsApp Privacy Policy: यूजर्स की नाराजगी के बाद वॉट्सऐप ने 15 मई तक रोकी नई प्रिवेसी पॉलिसी, 'Against public safety, disregard to Life, violative of Fundamental Rights', Lawyers move SC against Delhi HC's decision to resume Physical Hearings. Part IV Inter-state trade or commerce in weights or measures or other goods. No dealer or manufacturer shall export or import any weight or measure unless he is registered as exporter or importer, as the case may be. (7) The Central Government may, if it is satisfied after considering the report submitted to it by the prescribed authority that the aforesaid model is in conformity with the provisions of this, Act or any rule made there under 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. LEGISLATION The Standards of Weights and Measures Act,1976 The standards of weight and measures (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 Power 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. 9. (2) Every package to which this Part applies, shall bear thereon the name and address of the manufacturer. (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. Q6. STANDARDS OF WEIGHTS AND MEASURES ACT, 1976. (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),on payment of such fee, 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. 60 of 1976. 1. (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. (a) submit such periodical returns as may be prescribed, to the Controller of the transferor State with regard to such dispatch, delivery 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. The ultimate objective is to Protects the interests of consumer Objectives: The Act enlists the following objectives – … (2) The definition of 'candela' shall be prescribed. (b) without any reasonable cause obliterates any stamp on any such weight or measure. (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 authorized 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) Every reference standard, every secondary standard and every working standard shall be kept in such manner and under such conditions as may be prescribed. Explanation--Calibration may also be carried out with a view to permitting the use of a weight or measure. (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.

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