Q5. 17. The responsibility in relation to weights and measures is shared between the Centre and the State? (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,--. (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. (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. The Standard of Weights and Measures Act, 1976, aims at introducing standards in relation to weights and measures used in trade and commerce. (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. (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. STANDARDS OF WEIGHTS AND MEASURES ACT, 1976. (c) forward a copy of such periodical returns to the Controller of the transferee State. In addition, it has to guide, co-ordinate and supervise the enforcement activities of the state enforcement machinery are the responsibility of state and centre. Commodities in packaged form intended to be sold or distributed in the course of Inter-State trade or commerce, (a) make, manufacture, pack, sell, or cause to be packed or sold; or, (b) distribute, deliver, or cause to be distributed or delivered; or, any commodity in packaged form to which this Part applies unless such package bears thereon or or a label securely attached thereto a definite, plain and conspicuous declaration, as prescribed, of --. The Author, Anshul Gupta, is a student of Jamnalal Bajaj School of Legal Studies , Banasthali University. (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 for contract shall be made or had except by such weight, measure or number as may be specified in the said rules. 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 weight, measure or number of the net contents of any package on the package itself or on any label, carton or other thing, or. (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. Explanation.--For the purposes of this clause 'recognized consumer association' means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under 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. 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. 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. (2) The definition of 'kelvin' shall be prescribed. 32. Sec 4. 1. 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. In this Act, unless the context otherwise requires- :&t;;Prcb- “Bureau” means the Bureau of Standards established by the Standards Act; 48 (1) Subject to such conditions, limitations ad restriction as may be prescribed, the Central Government may allow, on application to the Director, the export of any weight or measure which has been made or manufactured exclusively for export, notwithstanding that such weight or measure does not conform to the standards established by or under this Act. 16. (1) The base unit of electric current shall be the ampere. (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. (2) Without prejudice to the provisions contained in the General Causes Act, 1897, with respect to repeals, any notification, rule or order made under the Standards of Weights and Measures Act, 1956, shall, if in force, at the commencement of this Act, continue to be in force and have effect as if made under the corresponding provision of this Act. (4) Zero Degree Celsius corresponds to 273.15 kelvin. The Standards of Weights & Measures Act, 1976 is 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. 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. (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. THE WEIGHTS AND MEASURES ACT (31st May, 1976) ARRANGEMENT OF SECTIONS Acts 14 of 1976 | 10 of 1993 | 2 of 1996 Part I. (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. An Act to establish standards of weights and measures based on the metric system BE it enacted by Parliament in the Seventh Year of the Republic of India as follows:- Short title, extent and commencement. (1) Every unit of weight or measures shall be based on the units of the metric system. (9) The Central Government may, by rules, specify the classes of commodities or packages in relation to which all or any of the provisions of this section shall not apply or shall apply with such exceptions or modifications as may be specified therein. The provisions of the Indian Penal Code, 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. The degree Celsius may also be used for expressing the interval or difference of temperature. (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. (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. (1) Before issuing a licence to make a 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. Explanation-- For the purposes of this section --, (a) 'company' means any body corporate and includes a firm or other association of inpiduals; and. The Standard of Weights and Measures Act, 1976, aims at introducing standards in relation to weights and measures used in trade and commerce. Science and Research Act 19491968 . (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. Explanation--A stamp may be made by impressing, casting engraving, etching, branding, or any other process; (i) any contract, whether for sale, purchase, exchange or any other purpose, or, (ii) any assessment of royalty, toll, duty or other dues, or. In this Chapter, unless the context otherwise requires,-. (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. 1. (2)It extends to the whole of India. (2) Where any commodity, machinery or any 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 endeavor 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. (c) determining the performance of such models under such varied conditions as may be prescribed. 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 (b) such additional units as may be recommended by the International Organisation of Legal Metrology, shall be the units of the metric system. Ans. (e) express, in relation t any transaction, industrial production or protection, any quantity or dimension. 36. Standards of Weights and Measures Act, 1976 (Act No. 8. There are currently no known outstanding effects for the Weights and Measures &c. Act 1976. (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 reassembly and installation for use, have such weight or measure verified and stamped by the local Inspector in the transferee State. (2) The definition of 'mole' shall be prescribed. (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. (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. (1) The base unit of mass shall be the kilogram. Explanation.--The words 'when packed' shall not be used in any case except a case to which the proviso to sub-section (4) applies. (5) The prescribed authority shall test the models submitted to it with a view to--. Explanation--Calibration may also be carried out with a view to permitting the use of a weight or measure. (1) The base unit of mass shall be the kilogram. (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. (b) such additional units as may be recommended by the International Organisation of Legal Metrology, shall be the units of the metric system. What are the rules relating to standard of weight and measure act? 37. 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. 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. 50. (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. Explanation--Where any manufacturer dispatches 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 manu- facturer even though the parts so dispatched to it are assembled at such branch office; (p) 'notification' means a notification published in the Official Gazette; (ii) every organisation established or constituted by Government, (iii) every local authority within the territory of India. (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. 58. classes of undertakings, goods, weights and measures or users of weights and measures in relation to which this Act has been brought into force. 34. Ans. 2. 28. (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. 5. (1) Every secondary standard referred to in section 25 shall be verified with the reference standard 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. 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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 specialized 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 specialized training. She is currently interning with LatestLaws.com. in accordance with such scales as may be specified by rules made under this Act. 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 second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. (2) The definition of 'kelvin' shall be prescribed. otherwise than in accordance with the standard unit of weight, measure or numeration. 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. Preliminary 1. (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. 52. (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. (1) The base unit of thermodynamic temperature shall be the kelvin. (1) The Central Government may, by rules made in this behalf, specify the base units and also 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. (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. (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) 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. (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. (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. Part II Establishment of standards of weights and measures. 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