STANDARDS OF WEIGHTS AND MEASURES ACT 1976

by Usha Rai · April 26, 2015

THE STANDARDS OF WEIGHTS AND MEASURES ACT,1976

ACT No. 60 OF 1976

8th April, 1976

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.

BE it enacted by Parliament in theTwenty-seventh Year of the Republicof India as follows: –

PART I

PROVISIONS APPLICABLE TO EVERY PART

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 dateas the Central Government may, by notification, appoint, and different dates maybe appointed for different –

(a) provisions of this Act,

(b) areas,

(d) classes of goods,

(e) classes of weights and measures, or

(f) classes of users of weights andmeasures,

and any reference in any such provision tothe commencement of this Act shall be construed as a reference to the cominginto force of that provision in such areas, or in respect of such classes ofundertakings, goods, weights and measures or users of weights and measures inrelation 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 intoforce in the State of Sikkim on such date, not being later than five years fromthe passing of this Act, as the Central Government may, by notification,appoint, and different dates may be appointed for different provisions of thisAct or for different areas or for different classes of undertakings or fordifferent classes of goods, or for different classes of weights and measures orfor different classes of users of weights and measures.

2.Definitions: In this Act, unless thecontext otherwise requires, –

(a) "calibration" means all theoperations which are necessary for the purpose of determining the values of theerrors of a weight or measure and, if necessary, to determine the metrologicalproperties of such weight or measure, and includes the actual fixing of thepositions of the gauge-marks or scale-marks of a weight or measure or in somecases, of certain principal marks only, in relation to the corresponding valuesof the quantity to be measures.

Explanation: – Calibration may also becarried out with a view to permitting the use of a weight or measure as astandard;

(b) "commodity in packaged form"means commodity packaged, whether in any bottle, tin, wrapper or otherwise, inunits suitable for sale, whether wholesale or retail;

(c) "dealer", in relation to anyweight or measure, means a person who, or a firm or a Hindu undivided familywhich, carries on, directly or otherwise, the business of buying, selling,supplying or distributing any such weight or measure, whether for cash or fordeferred payment or for commission, remuneration or other valuableconsideration, and includes –

(i) a commission agent who carries on suchbusiness on behalf of the 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 whosells, supplies, distributes or otherwise delivers any weight or measure to anyperson 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 orotherwise delivers any weight or measure to any person other than a dealer,shall be deemed to be a dealer;

(d) "Director" means the Directorof Legal Metrology appointed under section 28;

(e) "export" with its grammaticalvariations and cognate expressions, means taking out of India to a place outside India;

(f) "false package" means anypackage which does not conform to the provisions of this Act or any rule ororder made thereunder in relation to such package;

(g)"false weight or measure"means any weight or measure which does not conform to the standards establishedby or under this Act in relation to that weight or measure;

(h) "General Conference on Weights andMeasures" means the Conference General des Poids et Mesures established underthe Convention du Metre;

(i) "import", with itsgrammatical variations and cognate expressions, means bringing into India from a place outside India;

(j) "International Bureau of Weightsand Measures" means the Bureau International des Poids et Mesures,established under the Convention du Metre, at Sevres in France;

(k) "International Organisation ofLegal Metrology" means the Organisation Internationale de MetrologieLegale established under the Convention Instituant Une OrganisationInternationale de Metrologie Legale;

(l) "International prototype of thekilogram" means the prototype sanctioned by the First General Conferenceon Weights and Measures held in Parisin 1889, and deposited at the International Bureau of Weights and Measures;

(m) "inter-State trade orcommerce", in relation to any weight or measure or other goods which arebought, 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 documentsof title to such weight, measure or other goods during its movement from oneState to another.

Explanation I: – Where any such weight ormeasure is, or other goods are, delivered to a carrier or other bailee fortransmission, the movement of such weight, measure or other goods shall, forthe purposes of sub-clause (ii), be deemed to commence at the time of suchdelivery and terminate at the time when delivery is taken from such carrier orbailee.

Explanation II: – Where the movement of anysuch 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 goodsfrom one State to another merely by reason of the fact that in the course ofsuch 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, anycommodity or package containing any commodity;

(o)"manufacturer", in relation toany weight or measure, means a person who, or a firm or a Hindu undividedfamily which,–

(i) makes or manufacturers such weight ormeasure,

(ii) makes or manufacturers one or moreparts, and acquires the other parts, of such weight or measure and, afterassembling those parts, claims the end product to be a weight or measuremanufactured by himself or itself, as the case may be.

(iii) does not make or manufacture any partof such weight or measure but assembles parts thereof made or manufactured byothers and claims the end product to be a weight or measure manufactured byhimself or itself, as the case may be,

(iv) puts, or causes to be put, his ownmark on any complete weight or measure made or manufactured by any otherpersons and claims such product to be a weight or measure made or manufacturedby himself or itself, as the case may be.

Explanation: – Where any manufacturerdespatches any weight or measure or any part thereof to any branch officemaintained by him or it, such branch office shall not be deemed to be amanufacturer even though the parts so despatched to it are assembled at suchbranch office;

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

(q)"person" includes –

(i) every department or office,

(ii) every organisation established orconstituted by Government,

(iii) every local authority within the territory of India,

(iv) every co-operative society,

(v) every other society registered underthe Societies Registration Act, 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 anagent, by whatever name called,

(ii) a warehouse, godown or other placewhere any weight, measure or other goods are stored or exhibited,

(iii) a place where any books of account orother documents pertaining to any trade or transcription are kept,

(iv) a dwelling house, if any partthereof is used for the purpose ofcarrying on any business, industry, production or trade.

Explanation: – "Place" includes avehicle or vessel or any other mobile device, with the help of which any tradeor business is carried on, and also includes any measuring instrument mountedon a vehicle, vessel or other mobile device;

(s) "prescribed" means prescribedby rules made under this Act and "prescribed authority" means suchauthority as may be specified by such rules;

(t) "reference standard" meansthe set of standard weight or measure which is made or manufactured by or onbehalf of the Central Government for the verification of any secondarystandard;

(u) "repairer" includes a personwho adjusts, cleans, lubricates or paints any weight or measure or renders anyother service to such weight or measure to ensure that such weight or measureconforms to the standards established by or under this Act;

(v) "sale", with its grammaticalvariations and cognate expressions, means transfer of property in any weight,measure or other goods by one person to another for cash or for deferredpayment or for any other valuable consideration, and includes a transfer of anyweight, measure or other goods on the hire-purchase system or any other systemof 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 orprocess by which a stamp is made, and includes any wire or other accessorywhich is used for ensuring the integrity of any stamp;

(x) "secondary standard" meansthe set of standard weight or measure which is made or manufactured by or onbehalf of the Central or State Government for the verification of any workingstandard;

(y) "stamp" means a mark, whichis made on, or in relation to, any weight or measure with a view to-

(i) certifying that such weight or measureconforms to the standard specified by or under this Act, or

(ii) indicating that any mark which waspreviously made thereon certifying that such weight or measure conforms to thestandards specified by or under this Act, has been obliterated.

Explanation: – A stamp may be made byimpressing, casting, engracing, 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, dutyor 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 soverified and stamped;

(zb)"verification", with its grammatical variations and cognateexpressions, includes, in relation to any weight or measure, the process ofcomparing, checking, testing or adjusting such weight or measure with a view toensuring that such weight or measure conforms to the standards established byor 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 isintended to be, used, exclusively or additionally, for the purpose of makingany weighment or measurement, and includes any appliance, accessory or partassociated with any such object, instrument, apparatus or device;

(zd)"weight or measure" means a weight or measure specified by orunder this Act, and includes a weighing or measuring instrument;

(ze) "working standard" means theset of standard weight or measure which is made or manufactured by or on behalfof Government for the verification of any standard weight or measure, otherthan a national prototype or national reference or secondary standard.

3.Provisions of this Act to override theprovisions of any other law: The provisions of this Act shall have effectnotwithstanding anything inconsistent therewith contained in any enactmentother than this Act or in any instrument having effect by virtue of anyenactment other than this Act.

PART II

ESTABLISHMENTS OF STANDARDS OF WEIGHTS ANDMEASURES

CHAPTER I

Standard units

4.Units of weight or measure to be based onmetric system: (1) Every unit of weight or measure shall be based on the unitsof the metric system.

(2) For the purpose of sub-section (1), –

(a) the international system of units asrecommended by the General Conference on Weights and Measures, and

(b) such additional units as may berecommended by the International Organisation of Legal Metrology,

shall be the units of the metric system.

5.Base unit of length: (1) The base unit oflength shall be the metre.

(2) The "metre" is the lengthequal to 1650 763.73 wave lengths in vacuum of the radiation corresponding tothe transition between the levels 2n10 and 5d5 of the krypton-86 atom.

6.Base unit of mass: (1) The base unit ofmass shall be the kilogram.

(2) The "kilogram" is the unit ofmass; it is equal to the mass of the international prototype of the kilogram.

7.Base unit of time: (1) The base unit oftime shall be the second.

(2) The "second" is the durationof 9 192 631 770 periods of the radiation corresponding to the transitionbetween the two hyperfine levels of the ground State of the caesium – 133 atom.

8.Base unit of electric current: (1) Thebase unit of electric current shall be the ampere.

(2) The "ampere" is that constantcurrent which if maintained in two straight parallel conductors of infinitelength, of negligible circular cross-section, and placed one metre apart invacuum, would produce between these conductors a force equal to 2 107 newtonper metre of length.

9.Base unit of thermodynamic temperature:(1) The base unit of thermodynamic temperature shall be the kelvin.

(2) The "kelvin" is the fraction1/273.16 of the thermodynamic temperature of the triple point of water.

(3) The kelvin shall also be used forexpressing the interval or difference of temperature.

(4) Zero degree Celsius corresponds to273.15 kelvin.

(5) The degree Celsius may also be used forexpressing the interval or difference of temperature, unit degree Celsius beingequal to unit kelvin.

10.Base unit of luminous intensity: (1) Thebase unit of luminous intensity shall be the candela.

(2) The "candela" is the luminousintensity, in the perpendicular direction, of a surface of 1/600,000 squaremetre of a black body at the temperature of freezing platinum under a pressureof 101 325 newtons per square metre.

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 ofsubstance of a system which contains as many elementary entities as there areatoms in 0.012 kilogram of carbon 12.

(3) When the mole is used, the elementaryentitles shall invariably be specified and may be atoms, molecules, ions,electrons, other particle, or specified groups of such particles.

12.Supplementary, derived, special andother units of weight or measure their symbols, definitions, etc: (1) TheCentral Government may, by rules made in this behalf, specify, in relation tothe base units of weight or measure, such supplementary, derived, or otherunits or standard symbols or definitions as the General Conference on Weightsand Measures or the International Organisation of Legal Metrology mayrecommend.

Explanation: – "Derived unit"means a unit which is derived from the base, or supplementary, units, or both.

(2) The Central Government may, by rulesmade in this behalf, specify, such multiples and sub-multiples of, and physicalconstants,and ratios or co-efficients in relation to, units of weight or measureas the General Conference on Weights and Measures or the InternationalOrganisation of Legal Metrology may recommend.

(3) The Central Government may, bynotification, declare, for such period as it may consider necessary suchspecial units of weight or measure as the General Conference on Weights andMeasures or the International Organisation of Legal Metrology may recommend.

13.Base unit of numeration: (1) The baseunit of numeration shall be the unit of the international form of Indiannumerals.

(2) Every numeration shall be made inaccordance with the decimal system.

(3) The decimal multiples and sub-multiplesof the numerals shall be of such denominations and be written in such manner asthe Central Government may, after previous publication, specify by rules madein this behalf:

Provided that no such rule shall be madebefore the expiry of six months from the date on which the draft of theproposed rules was first published in the Official Gazette.

14.Standard unit of weight or measure: (1) Thebase unit of mass specified in section 6 and base units of measures specifiedin section 5 and sections 7 to 11 (both inclusive) and the supplementary andother units specified by rules made under section 12, shall be the standardunits of weight or measure, as the case may be.

(2) The units of numeration specified by orunder section 13 shall be the standard units of numeration.

CHAPTER II

Physical representation of standard units

15.National prototypes: (1) For the purposeof deriving the value of the kilogram, the Central Government shall cause to beprepared a national prototype of the kilogram and shall cause its accuracy tobe certified by the International Bureau of Weights and Measures in terms ofthe international prototype of the kilogram and shall deposit the same in suchcustody and at such as that Government may think fit.

(2) For the purpose of deriving the valueof the metre, the Central Government may cause to be prepared a nationalprototype of the metre and, where such prototype is caused to be made, shallalso cause its accuracy to be certified by the International Bureau of Weightsand Measures and deposit the same in such custody and at such place as thatGovernment may think fit.

16.National standards: (1) For the purposeof deriving the value of the base units, other than the base unit of mass, theCentral Government shall cause to be prepared such objects or equipments, orboth, as may be necessary for the purpose and shall cause the accuracy of suchobjects or equipments, or both, to be certified by the International Bureau ofWeights 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 valueof the supplementary and other units specified under section 12, the CentralGovernment shall cause to be prepared such objects or equipments, or both asmay be necessary for the purpose and shall cause the accuracy of such objectsor equipments, or both, to be certified at such periodical intervals and bysuch authority as may be prescribed, and, shall after certification, depositsuch objects or equipments, or both, in such custody and at such place as thatGovernment may think fit.

17.National prototype and national standardhow to be kept: Every national prototype specified in section 15 and everyobject or equipment, or both, referred to in section 16, shall be kept in suchmanner and under such conditions as may be prescribed.

18.Reference, secondary and workingstandards: (1) Every –

(a) reference standard,

(b) secondary standard, and

shall conform to the standards establishedby or under this Act and be verified and authenticated at such periodicalintervals and in such manner as may be prescribed.

(2)Every reference standard, everysecondary standard and every working standard shall be kept in such manner andunder such conditions as may be prescribed.

19.Power of Central Government to prescribephysical characteristics, etc., of weights and measures: (1) The CentralGovernment shall, in relation to any weight or measure, prescribe the physicalcharacteristics, configuration, constructional details, materials, equipment,performance, tolerances, methods or procedures of tests in accordance with therecommendations made by the International Organisation of Legal Metrology:

Provided that where no such recommendationhas been made, the Central Government shall prescribe such physicalcharacteristics, configuration, constructional details, materials, equipment,performance, tolerances, methods or procedures of tests in relation to anyweight or measure as it may think fit.

(2) Where it is not reasonably practicable togive effect to any recommendation made by the International Organisation ofLegal Metrology, the Central Government may make such changes of a minor naturein the recommendation of the International Organisation of Legal Metrology asmay appear to it to be necessary.

CHAPTER III

Standard weights and measures

20.standard weight or measure: (1) Anyweight or measure which conforms to the standard unit of such weight or measureand 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 theprovisions of section 3 shall be the standard numeral.

21.Use of non-standard weight or measureprohibited: 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 ormeasure prohibited: No weight or measure shall be made or manufactured unlessit conforms to the standards of weight or measure established by or under thisAct:

Provided that the Central Government maypermit the making or manufacturing of any weight or measure which does notconform to the standards established by or under this Act, if such weight ormeasure is made or manufactured exclusively for the purpose of any scientificinvestigation or research or for export and is made or manufactured under suchconditions and restrictions as may be prescribed.

23.Prohibition with regard to inscriptions,etc: No weight, measure or other goods shall bear thereon any inscription orindication of weight, measure or number except in accordance with the standardunit 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 orresearch or for export, inscription or indication thereon of any weight,measure or number may also be made in accordance with any other system ofweight, measure or numeration if such inscription or indication is demanded bythe person by whom such scientific investigation or research is to be made orby the person to whom the export is to be made.

CHAPTER IV

Custody and verification of standardequipments

24.Supply etc., of reference standards: (1)The Central Government shall cause to be prepared, for the purposes of thisAct, as many sets of reference standards as it may think necessary and shallsupply to each State Government as many sets of reference standards as it may thinkfit.

(2) The Central Government shall keep inits custody, for the purposes of this Act, such number of reference standardsas may be necessary.

(3) Every reference standard referred to insub-section (2) shall be kept at such place and in such custody as may beprescribed and no such reference standard shall be deemed to be a referencestandard and shall be used as such unless it has been verified andauthenticated in accordance with the rules made under this Act.

25.Preparation and custody of secondary orworking standards: The Central Government shall cause to be prepared, for thepurposes of this Act, as many sets of secondary standard or working standard asit may think necessary and shall keep such sets of secondary standard orworking standard at such place and in such custody as may be prescribed.

26.Verification, stamping etc., ofsecondary or working standards: (1) Every secondary standard referred to insection 25 shall be verified with the reference standard by such authority asmay be prescribed and shall, if found on such verification to conform to thestandards established by or under this Act, be stamped by that authority.

(2) Every working standard referred to insection 25 shall be verified with the secondary standard which has been stampedin accordance with the provisions of sub-section (1), by such authority as maybe prescribed and shall, if found on such verification to conform to thestandards established by or under this Act, be stamped by that authority.

(3) Where any secondary standard or workingstandard is stamped in accordance with the provisions of sub-section (1) orsub-section (2), as the case may be, a certificate shall be separately givenshowing the date on which such weight or measure was stamped.

(4) Every secondary standard or workingstandard which is not verified and stamped in accordance with the provisions ofsub-section (1) or sub-section (2), as the case may be, shall not be deemed tobe a secondary standard or working standard and shall not be used as such.

27.Secondary or working standard which maybe stamped: Where the Central Government is of opinion that by a reason of thesize or nature of any secondary standard or working standard referred to insection 25, it is not desirable or practicable to put a stamp thereon, it maydirect that instead of putting a stamp on such secondary standard or workingstandard, a certificate may be issued to the effect that such secondarystandard or working standard conforms to the standards established by or underthis Act and every secondary standard or working standard so certified shall bedeemed to have been duly stamped under this Act on the date on which suchcertificate was issued.

PART III

APPOINTMENT AND POWERS OF DIRECTOR ANDOTHER STAFF

28.Appointment of Director and other staff:(1) The Central Government may, by notification, appoint a Director of LegalMetrology and as many Additional, Joint, Deputy or Assistant Directors andother officers and staff as may be necessary for exercising the powers and efficientlydischarging the duties conferred or imposed on them by or under this Act.

(2) Every Additional, Joint, Deputy orAssistant Director and other officer, appointed under sub-section (1), shallexercise such powers, and discharge such functions of the Director as theCentral Government may, by notification, authorise in this behalf.

(3) The Director may, by general or specialorder, define the local limits within which each Additional, Joint, Deputy orAssistant Director or other officer, appointed under sub-section (1), shallexercise his powers and discharge the duties conferred or imposed on him by orunder 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 theduties of his office under the general superintendence, direction and controlof the Director and shall exercise those powers and discharge those duties inthe same manner and with the same effect as if they had been conferred orimposed on him directly by this Act and not by way of authorisation.

(5) The Director and every Additional,Joint, Deputy or Assistant Director and every other officer authorised toperform any duty by or under this Act shall be deemed to be a public servantwithin the meaning of section 21 of the Indian Penal Code (15 of 1860).

(6) No suit, prosecution or other legalproceeding shall lie against the Director, Additional, Joint, Deputy orAssistant Director or any other officer authorised to perform any duty by orunder this Act in respect of anything which is in good faith done or intendedto be done under this Act or any rule or order made thereunder.

(7) The Central Government may, with theconsent of the State Government and subject to such conditions, limitations andrestrictions as it may specify in this behalf, delegate such of the powers ofthe Director under this Act as it may think fit to the person for the timebeing 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 expedientin the public interest so to do, delegate such of the powers delegated to himas he may think fit to any officer subordinate to him, not being an officerbelow the rank of an Inspector, and where any such delegation of powers is madeby such Controller, the person to whom such powers are delegated shall exercisethose powers in the same manner and with the same effect as if they had beenconferred on him directly by this Act and not by way of delegation.

(8) Where any delegation of powers is madeunder sub-section (7), the powers so delegated shall be exercised under thegeneral superintendence, direction and guidance of the Director.

29.Power of inspection etc: (1) TheDirector, or any person authorised to exercise the powers or discharge thefunctions of the Director, may, if he has any reason to believe, whether fromany information given to him by any person and taken down in writing or from personalknowledge or otherwise, that any weight or measure or other goods in relationto which any inter-State trade or commerce has taken place or is intended totake place and in respect of which an offence punishable under this Act appearsto have been, or is likely to be, committed are either kept or concealed in anypremises or are in the course of transportation from one State to another, –

(a) enter at any reasonable time into anysuch premises and search for and inspect any weight, measure or other goods inrelation to which inter-State trade or commerce has taken place, or is intendedto take place, and any record, register or other document relating thereto;

(b) seize any weight, measure or othergoods and any record, register or other document or article which he has reasonto believe may furnish evidence indicating that an offence punishable underthis Act has been, or is likely to be, committed in the course of, or inrelation to, any inter-State trade or commerce.

(2) Where any goods seized undersub-section (1) are subject to speedy or natural decay, the Director or theauthorised person may dispose of such goods in such manner as may beprescribed.

(3) Every search or seizure made under thissection shall be carried out in accordance with the provisions of the Code ofCriminal Procedure, 1973, (2 of 1974) relating to searches and seizures madeunder that Code.

30.Forfeiture: Every false or unverifiedweight or measure, and every false package, used in the course of, or inrelation to, 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 ormeasure shall not be forfeited to Government if the person from whom suchweight or measure was seized gets the same verified and stamped within suchtime as may be prescribed.

PART IV

INTER-STATE TRADE OR COMMERCE IN WEIGHT,MEASURE OR OTHER GOODS

CHAPTER I

Applicability of this Part

31.Part IV to apply to inter state trade orcommerce only: The provisions of this Part shall apply to –

(a) every weight or measure which is, or isintended to be, –

(i) made or manufactured for the purpose ofinter-State trade or commerce,

(ii) used, sold, distributed, delivered orotherwise 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 ornumber 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 orcommerce.

CHAPTER II

General

32.Use of weights only or measures only incertain 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 specifiedtherein, no transaction, dealing or contract shall be made or had except bysuch 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 suchconditions, if any, as may be specified therein.

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 Partapplies, –

(a) quote, or make announcement of, whetherby word of mouth or otherwise, any price or charge, or

(b) issue or exhibit any price list,invoice, cash memo or other document, or

(d) indicate the contents of any packageeither 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 ornumeration.

34.Any custom usage, etc., contrary tostandard weight, measure or numeration to be void: Any custom, usage, practiceor method of whatever nature which permits a person to demand, receive, orcause to be demanded or received, any quantity of article, thing or service (towhich this Part applies) in excess of, or less than, the quantity specified byweight, measure or number in the contract or other agreement in relation to thesaid article, thing or service, shall be void.

35.Manufactures etc., to maintain recordsand registers: (1) Every person who –

(a) makes, manufactures, sells, distributesor 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 maintainsuch records and registers as may be prescribed and if required so to do by theDirector, shall produce such records and registers before the Director or suchother officer as the Director may authorise in this behalf, for inspection.

(2) Notwithstanding anything contained insub-section (1), if the Director is of opinion that having regard to the natureor volume of the business carried on by any maker, manufacturer, dealer orrepairer, it is necessary so to do, he may, by order exempt such maker,manufacturer, dealer or repairer from the operation of that sub-section.

CHAPTER III

Approval of models

36.Approval of models: (1) Save asotherwise provided in this section, this Chapter shall not apply to –

(a) any weight or measure which, beingsubject to verification and stamping under the State law as in forceimmediately before the commencement of this Act, is in use at such commencement;

(b) any cast iron, brass, bullion, or caratweight or any beam-scale, except those specified by rule made in this behalf;

(d) capacity measures, not exceeding twentylitres in capacity, which are ordinarily used in retail trade for measuringkerosene, milk or potable liquors;

(e) any weighing or measuring instrument ordevice which is made or manufactured exclusively for domestic use:

Provided that such instrument or device isnot intended for the use of any member of the medical profession in the courseof such profession.

(2) Where any officer of the Central orState Government charged with the duty of implementing the law relating toweights and measures has any reason to believe that the model of any weight ormeasure referred to in sub-section (1) requires a test by the prescribedauthority, he may acquire one such weight or measure from the market andforward it to the prescribed authority for test, the fees for which shall bepayable by the Government employing the officer by whom such weight or measurehas been forwarded for test.

(3) Every person shall, before making ormanufacturing any weight or measure to which this Part applies, submit forapproval of the prescribed authority, such number of models, drawings and otherinformation relating to such weight or measure as may be prescribed:

Provided that in relation to any weight ormeasure, to which this Part applies, which has already been made ormanufactured, or which is in the process of being made or manufactured, orwhich is in the process of being made or manufactured, at the commencement ofthis Part, models of such weight or measure shall be submitted to the prescribedauthority from out of the weights or measures which have already been, or whichare in the process of being, made or manufactured:

Provided further that in the case of aweight or measure the model whereof cannot be submitted, whether by reason ofits nature or otherwise, it shall be sufficient if the drawings and otherprescribed information about the weight or measure is submitted to theprescribed authority and thereupon that authority shall test the models of suchweight or measure at the place where it is made or manufactured or at suchother place as may be specified by the Director:

Provided also that the prescribed authoritymay, if it is satisfied that the model of any weight or measure which has beenapproved in a country outside India conforms to the standards established by orunder this Act, approve such model without any test or after such test as itmay deem fit.

(4) The prescribed authority shall levy andcollect such fees for the testing of any model, submitted under this section forapproval, as may be prescribed.

(5) The prescribed authority shall test themodels submitted to it with a view to-

(a) ascertaining whether such modelsconform to the standards established by or under this Act;

(b) finding out the ability of such modelsto maintain accuracy over periods of sustained use; and

(6) The prescribed authority shall submitto the Central Government a detailed report on the performance of the modelsubmitted to it together with its recommendations with regard to thedesirability or otherwise of issuing a certificate of approval in respect ofthat model.

(7) The Central Government may, if it issatisfied after considering the report submitted to it by the prescribedauthority that the aforesaid model is in conformity with the provisions of thisAct or any rule made thereunder and is likely to maintain accuracy over periodsof sustained use and to render accurate service under varied conditions, issuea certificate of approval in respect of that model.

(8) Every certificate of approval of amodel shall be published in the Official Gazette and shall also be published insuch other manner as the Central Government may think fit.

(9) The Central Government may, if it issatisfied that the product made or manufactured in accordance with the modelwhich was approved by it has failed to render the expected performance or toconform to the standards established by or under this Act, revoke thecertificate of approval issued by it under sub-section (7):

Provided that no such revocation shall bemade except after giving the manufacturer of such weight or measure areasonable opportunity of being heard:

Provided further that where the CentralGovernment is satisfied that as a result of the alteration made by themanufacturer in the model of the weight or measure, such model has become fitfor approval, it may vacate the order of revocation of the certificate ofapproval issued by it.

(10) If for any reason any material of theapproved model of a weight or measure to which this Part applies becomesnon-available in India, the manufacturer may continue the manufacture of suchweight or measure with such substitute materials as may be, in his opinion,most suitable for the manufacture of such weight or measure but where themanufacturer does so, he shall send such substitute materials to the prescribedauthority for test.

(11) If the prescribed authority is ofopinion that the substituted material referred to in sub-section (10) is notsuitable and that there is available in India any other material which is moresuitable, that authority shall intimate its findings to the Central Governmentand also to the manufacturer, and thereupon the manufacturer shall notmanufacture the weight or measure with any material other than the materialrecommended by the prescribed authority, until the material which wasoriginally approved by the prescribed authority becomes available in India:

Provided that where, in the opinion of theprescribed 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 modelshall stand suspended until a suitable material becomes available in India.

(12) Where the model of any weight ormeasure to which this Part applies has been approved, the models of differentdenominations of such weight or measure shall not require any approval if suchdenominations are manufactured in accordance with the same principles accordingto which, and the same materials with which, the approved model has beenmanufactured.

37.Licence to manufacture weights ormeasures when to be issued: (1) Before issuing a licence to make or manufactureany weight or measure to which this Part applies, the State Government shallsatisfy itself that a certificate of approval of the model of such weight ormeasure has been granted by the Central Government under section 36.

(2) Where any certificate of approval ofany model has been revoked by the Central Government, the licence issued by theState Government for the making or manufacturing of any weight or measure inaccordance with such model shall stand suspended:

Provided that such suspension shall standvacated if such model is subsequently approved by the Central Government.

38.Weight or measure to contain number ofthe approved model, etc: Every weight or measure to which this Part applies andfor which a model has been approved shall bear thereon, in such manner as maybe prescribed, the number of the approved model and the number of thecertificate by or under which such model was approved:

Provided that where the Central Governmentis of opinion that inclusion of any such particulars on any weight or measureis not possible by reason of its size or nature, that Government may exempt theinclusion of such particulars on such weight or measure.

CHAPTER IV

Commodities in packaged form intended to besold or distributed in the course of inter-State trade or commerce

39.Quantities and origin of commodities inpackaged from to be declared: (1) No person shall –

(a) make, manufacture, pack, sell, or causeto be packed or sold; or

(b) distribute, deliver, or cause to bedistributed or delivered; or

any commodity in packaged form to whichthis Part applies unless such package bears thereon or on a label securelyattached thereto a definite, plain and conspicuous declaration, made in theprescribed manner, of –

(i) the identity of the commodity in thepackage;

(ii) the net quantity, in terms of thestandard unit of weight or measure, of the commodity in the package;

(iii) where the commodity is packaged orsold by number, the accurate number of the commodity contained in the package;

(iv) the unit sale price of the commodityin the package; and

(v) the sale price of the package.

Explanation: – In this sub-section, theexpression "unit sale price" means the price according to such unitof weight, measure or number as may be prescribed.

(2) Every package to which this Partapplies shall bear thereon the name of the manufacturer and also of the packeror distributor.

(3) Where the package of a commodity towhich this Part applies or the label thereon bears a representation as to thenumber of servings, of the commodity contained therein, such package or labelshall also bear a statement as to the net quantity (in terms of weight, measureor number) of each such serving.

(4) The statement on a package or label asto the net weight, measure or number of the contents thereof shall not includeany 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 toincrease or decrease beyond the prescribed tolerance limits by reason ofclimatic variations; and it shall be lawful for the manufacturer or packer ofthe commodity so specified to qualify the statement as to the net content ofsuch commodity by the use of the words "when packed".

Explanation: – The words "whenpacked" shall not be used in any case except a case to which the provisoto sub-section (4) applies.

(5) Where the Central Government has reasonto believe that there is undue proliferation of weight, measure or number inwhich any commodity is, or reasonably comparable commodities are, being packedfor sale, distribution or delivery and such undue proliferation impairs in theopinion of that Government, the reasonable ability of the consumer to make acomparative assessment of the prices after considering the net quantity ornumber of such commodity, that Government may direct the manufacturers and alsothe packers or distributors to sell, distribute or deliver such commodity insuch standard quantities or number as may be prescribed.

(6) Whenever the retail price of acommodity in packaged form to which this Chapter applies is stated in anyadvertisement, there shall be included in the advertisement, a conspicuousdeclaration as to the net quantity or number of the commodity contained in thepackage and retail unit sale price thereof.

(7) No person shall sell, distribute ordeliver for sale a package containing a commodity which is filled less than theprescribed capacity of such package except where it is proved by such personthat the package was so filled with a view to-

(a) giving protection to the contents ofsuch package, or

(b) meeting the requirements of machinesused for enclosing the contents of such package.

(8) The Central Government may, by rules,specify such reasonable variations in the net contents of the commodity in apackage as may be caused by the method of packing or the ordinary exposurewhich may be undergone by such commodity after it has been introduced in tradeor commerce.

(9) The Central Government may, by rules,specify the classes of commodities or packages in relation to which all or anyof the provisions of this section shall not apply or shall apply with suchexception or modifications as may be specified therein.

CHAPTER V

Verification and stamping of weights andmeasures sent from one State to another

40.Definition: In this Chapter, unless thecontext otherwise requires, –

(a) "Controller" means the personappointed as such by the State Government under the State law;

(b) "Inspector" means the personappointed as such by the State Government under the State law;

(c) "local Inspector" means anInspector within the local limits of whose jurisdiction any weight or measureis made, manufactured, received, delivered or kept for sale or use;

(d) "State law" means the lawenacted by the Legislature of a State, and for the time being in force in thatState, with regard to the enforcement of the standards of weight or measureestablished by or under this Act;

(e) "transferee State" means theState in which any weight or measure is delivered or received for sale or usetherein from any other State;

(f) "transferor State" means theState from which any weight or measure made or manufactured therein, or kepttherein for sale or use, is sent to or delivered in any other State.

41.Verification and stamping of weights andmeasures sent from one State to another: (1) Where any weight or measure, sentfrom a transferor State for delivery, sale or use in a transferee State, issuch that –

(a) it is not required to be dismantledbefore its despatch to the transfereeState and is not likelyto lose its accuracy by reason of such despatch, it shall be known, for thepurposes of this Chapter, as a weight or measure of the first category;

(b) it is required to be dismantled beforeits despatch to the transferee State and re-assembled and installed for use inthe transferee State, it shall be known, for the purposes of this Chapter, as aweight or measure of the second category.

(2) Subject to the provisions ofsub-section (1), the Central Government may specify, by rules made in thisbehalf, the classes of weights or measures which would fall in the firstcategory or the second category, and may, from time to time, if thecircumstances so require, alter the category in which any class of weight ormeasure has been specified.

(3) Weight or measure of the first categoryshall, before it is despatched to any transferee State, be produced before thelocal Inspector in the transferor State and if such Inspector is, afterverification of such weight or measure, satisfied that such weight or measureconforms to the standards established by or under this Act, stamp the same withsuch special seal as may be specified by rules made under this Act.

(4) A weight or measure of the secondcategory shall not be verified and stamped in the transferor State but shall beverified and stamped, after its re-assembly and installation for use, by thelocal Inspector in the transferee State.

(5) The fees for the verification andstamping of every weight or measure of –

(a) the first category shall be levied andcollected by the transferor State;

(b) the second category shall be levied andcollected by the transferee State,

in accordance with such scales as may bespecified by rules made under this Act.

(6) A weight or measure, whether of thefirst or second category, shall not require periodical re-verification if it isexclusively intended for domestic use and is not used by any member of themedical profession in the course of such profession.

(7) No weight or measure, whether of thefirst or of the second category, shall be verified and stamped unless fees forsuch verification and stamping have been paid in accordance with the scalesspecified under sub-section (5).

42.Weight or measure of the first categoryto be presumed to be correct through out the territory of India: (1) Everyweight or measure of the first category which is stamped with the special sealreferred to in sub-section (3) of section 41 shall be presumed to be correctthroughout the territory of India and shall not be required, until itsre-verification in the transferee State becomes due by efflux of time, to beverified or stamped in the transferee State:

Provided that where the local Inspector inthe transferee State has any reason to believe that any weight or measure ofthe first category has lost its accuracy in transit or has, for any otherreason, ceased to conform to the standards of weight or measure established byor under this Act, he may, for reasons to be recorded by him in writing andcommunicated to the Controller of the transferor State, through the Controllerof the transferee State, –

(a) verify such weight or measure; and

(b) if, on verification, such weight ormeasure is found to be inaccurate, –

(i) cause such adjustment as is necessaryto be made so as to make it conform to the standards established by or underthis Act, or

(ii) where he is of opinion that suchadjustment is not possible, reject it and obliterate the stamp thereon:

Provided further that where anyverification, adjustment or obliteration is made in exercise of the powersconferred by the foregoing proviso, no fee shall be charged for suchverification, adjustment or obliteration.

(2) In computing the time when there-verification of a weight or measure of the first category shall become duein the transferee State, the period during which such weight or measure remainsunsold or undistributed in the transferee State, shall be excluded.

43.Weight or measure of the first categorynot to be sold or used in any state unless it is stamped in the transferorState: No weight or measure of the first category shall be used, sold,purchased, delivered or otherwise transferred in any transferee State unlesssuch weight or measure bears thereon the stamp made with the special sealreferred to in sub-section (3) of section 41.

44.Weights or measures of the secondcategory received from transferor State to be produced before the localInspector of the transferee State: (1) Every person in a transferee State whoreceives or delivers for sale or use therein any weight or measure of thesecond category shall, after its re-assembly and installation for use, havesuch weight or measure verified and stamped by the local Inspector in thetransferee State.

(2) The local Inspector in the transfereeState shall verify every weight or measure of the second category and shall ifhe is satisfied that such weight or measure conforms to the standardsestablished by or under this Act, stamp the same with the seal prescribed by orunder the State law in force in the transferee State.

(3) For the avoidance of doubt, it ishereby declared that where any weight or measure of the second category isdelivered or received in a State from any other State, not for the purpose ofsale or use therein but for the transmission of such weight or measure to anyother State, then, such other State shall be deemed, for the purposes of thisChapter, to be the transferee State in relation to such weight or measure andthe provisions of sub-section (1) and sub-section (2) shall apply accordingly.

45.Procedure when any weight or measure istransferred from a transferee State to another State: Where any weight ormeasure, which being in use in a transferee State, is sent to, or delivered in,any other State for sale or use in such other State, then, such other Stateshall also be deemed to be the transferee State in relation to such weight ormeasure and the provisions of this Chapter shall, so far as may be, apply tothe weight or measure sent to, or delivered in, such other State.

46.Manufactures etc., who send any weightor measures to any other State to submit return to the controller: Everymanufacturer, dealer or other person in a transferor State, who sends to, ordelivers in, any transferee State any weight or measure, whether of the firstor of the second category, shall –

(a) submit such periodical returns as maybe prescribed, to the Controller of the transferor State with regard to suchdespatch, delivery or transfer and specify in such returns the particulars ofthe weight or measure which has been sent to, or delivered in, the transfereeState;

(b) specify in such periodical returns theparticulars of the person to whom such weight or measure has been sent, ordelivered in the transferee State; and

PART V

IMPORT AND EXPORT OF WEIGHTS AND MEASURES

CHAPTER I

Registration of exporters and importers

47.Persons exporting or importing anyweight or measure to get themselves registered: (1) No dealer or manufacturer shall export orimport any weight or measure unless he is registered under this section as suchexporter or importer, as the case may be.

(2) Every person who intends to commence orcontinue business as an exporter or importer of any weight or measure shallmake, 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 maintainedfor the purpose.

(3) The application referred to insub-section (2) shall be made to the Director and every such application shallbe made in such form, in such manner and on payment of such fees, not exceedingten rupees, as may be prescribed.

(4) On receipt of an application referredto in sub-section (2), the Director shall, if he is satisfied after suchinquiry as he may think fit, that it is expedient in the public interest so todo, include the name of the applicant in the register referred to insub-section (2) and issue to the applicant a certificate to the effect that hisname has been so included and send a copy of the said certificate to theController of Legal Metrology in the State in which such exporter or importeris carrying on his business.

(5) A certificate granted under sub-section(4) shall be valid for the period specified therein and may be renewed, fromtime to time, for such further period as may be prescribed.

CHAPTER II

Export and import of weights, measures andcommodities in packaged form

48.Conditions under which export of nonstandard weights and measures and other goods may be made: (1) Subject to suchconditions, limitations and restrictions as may be prescribed, the CentralGovernment may allow the export of any weight or measure which has been made ormanufactured exclusively for export with the previous permission of thatGovernment notwithstanding that such weight or measure does not conform to thestandards established by or under this Act.

(2) Where any commodity in packaged form isexported and the person to whom such export is to be made so requires, theexporter may, in addition to specifying the net contents of such package interms of the standards unit of weight or measure established by or under thisAct, also specify the weight or the net contents thereof in terms of such unitsof weight or measure as may be specified by the person to whom such commodityis to be exported.

(3) Notwithstanding anything containedelsewhere in this Act, in relation to any goods which are exported –

(a) quotation of any price;

(b) issue of any price list, invoice orcash memo;

(d) expression of any dimension,

may be made in accordance with any othersystem of weight, measure or numeration if the person to whom the export is tobe made so requires.

49.Non-metric weight or measure not to beImported: (1) Save as otherwise provided in sub-section (2), no weight ormeasure, 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 measureestablished by or under this Act.

(2) Where any commodity, machinery or anypart or component of any machinery is imported from a country in which themetric system of weight or measure is not in force, or in which such systembeing in force, such commodity, machinery, part or component of any machinery hasnot been made or manufactured in accordance with such system, the importershall, before making such import, make an endeavour to obtain, on suchcommodity, machinery, part or component, and also on the drawings thereof, theweight or measurement thereof expressed in terms of the standard unit of weightor measure established by or under this Act:

Provided that where any weight or measurehas not been expressed in terms of the standard unit of weight or measureestablished by or under this Act, or any commodity, machinery, part orcomponent or on any drawings thereof the importer shall, within six months fromthe date of import, get the weight or measure thereof expressed on suchcommodity, machinery, part or component and on the drawings thereof in terms ofthe standard unit of weight or measure established by or under this Act.

PART VI

OFFENCES AND THEIR TRIAL

50.Penalty for use of non standard weightsor measures: Whoever uses any weight or measure or makes any numerationotherwise than in accordance with the standards of weight or measure or thestandards 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, forthe second or subsequent offence, with imprisonment for a term which may extendto two years and also with fine.

51.Penalty for contravention of section 18:Whoever tampers with, or alters, in any way, any reference standard, secondarystandard, or working standard except where such alteration is made for thecorrection of any error noticed therein on verification, shall be punished withimprisonment for a term which may extend to two years, or with fine which mayextend to five thousand rupees, or with both.

52.Penalty for contravention of section 22:Except where any weight or measure is made or manufactured, with the permissionof the Central Government, exclusively for export, every person who makes ormanufacturers any weight or measure which does not conform to the standards ofweight or measure established by or under this Act, shall, where such offenceis not punishable under any other law relating to weight and measure for thetime being in force, be punished with imprisonment for a term which may extendto one year, or with fine which may extend to two thousand rupees, or withboth, and, for the second or subsequent offence with imprisonment for a termwhich may extend to three years and also with fine.

53.Penalty for contravention of section 23:Except where any weight or measure is made or manufactured, with the permissionof the Central Government, exclusively for export, every person who makes ormanufactures any weight or measure which bears thereon any inscription ofweight, measure or number which does not conform to the standards of weight ormeasure or numeration established by or under this Act, shall, where suchoffence is not punishable under any other law relating to weights and measuresfor the time being in force, be punished with imprisonment for a term which mayextend to one year, or with fine which may extend to two thousand rupees, orwith both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three yearsand also with fine.

54.Penalty for contravention of section 29:Whoever obstructs the Director or any person authorised to exercise the powersor discharge the functions of the Director (hereafter, in this Part, referredto as the "authorised officer") in the exercise of his powers ordischarge of his functions as such Director or authorised officer, or withintent to prevent or deter the Director or such authorised officer fromexercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or such authorised officerin the lawful exercise of this 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 whichmay extend to five years.

55.Penalty for contravention of section 32:Whoever in the course of any inter-State trade or commerce, makes anytransaction, deal or contract in contravention of the provisions of section 32shall be punished with fine which may extend to two thousand rupees, and, forthe second or subsequent offence, with imprisonment for a term which may extendto one year and also with fine.

56.Penalty for contravention of section 33:Whoever, in the course of any inter-State trade or commerce, contravenes theprovisions of section 33 shall be punished with fine which may extend to twothousand rupees, and, for the second or subsequent offence, with imprisonmentfor a term which may extend to three years and also with fine.

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 soldor 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, measureor number, less than the service contracted for or paid for; or

(iii) demands, or causes to be demanded, orreceives, or causes to be received, while buying any article or thing, anyquantity or number of goods in excess of the quantity or number contracted foror paid for; or

(iv) obtains any service in excess of theservice contracted for or paid for,

shall be punished with fine which may extendto five thousand rupees, and, for the second or subsequent offence, withimprisonment for a term which may extend to five years and also with fine.

58.Penalty for contravention of section 35:Whoever, being required by or under this Act so to do, without any reasonableexcuse, omits or fails to maintain any record or register, or being required bythe Director or the authorised officer, to produce any record or register forhis inspection, omits or fails, without any reasonable excuse, so to do, shallbe punished with fine which may extend to one thousand rupees, and, for thesecond or subsequent offence, with imprisonment for a term which may extend tosix months and also with fine.

59.Penalty for contravention of section 36:Whoever, being required by section 36 to submit the model of any weight ormeasure 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, forthe second or subsequent offence, with imprisonment for a term which may extendto five years and also with fine.

60.Penalty for manufacture of weights ormeasures unless approval of model is in force: (1) Whoever makes ormanufactures any weight or measure which is, or is intended to be, sold, distributed,delivered or otherwise transferred in the course of inter-State trade orcommerce, shall, unless a certificate of approval of the model of such weightor measure granted under section 36 is in force, be punished with imprisonmentfor a term which may extend to two years and shall be liable to fine, and, forthe second or subsequent offence, with imprisonment for a term which may extendto five years and also with fine.

(2) Whoever, without any reasonable excuse,manufactures any weight or measure in accordance with an approved model withany material other than the material approved or recommended by the prescribedauthority, shall be punished with imprisonment for a term which may extend tofive years and also with fine.

61.Penalty for contravention of section 38:Whoever makes or manufactures any weight or measure without complying with therequirements of section 38 shall be punished with fine which may extend to fivethousand rupees, and, for the second or subsequent offence, with imprisonmentfor a term which may extend to five years and also with fine.

62.Penalty for sale, etc., of unverifiedweights or measures in the course of inter state trade or commerce: Whoever, inthe course of inter-State trade or commerce, sells, distributes, delivers orotherwise transfers any weight or measure which does not conform to thestandards of weight or measure established by or under this Act or which hasnot been duly verified under any other law relating to weights and measures forthe time being in force, shall be punished with fine which may extend to tenthousand rupees, and, for the second or subsequent offence, with imprisonmentfor a term which may extend to seven years and also with fine.

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, deliveredor otherwise transferred any commodity in a packaged form which does notconform to the provisions of this Act or any rule made thereunder, shall bepunished with fine which may extend to five thousand rupees, and, for thesecond or subsequent offence, with imprisonment for a term which may extend tofive years and also with fine.

64.Penalty for contravention of section 47:Whoever exports or imports any weight or measure without being registered underthis 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 whichmay extend to six months and also with fine.

65.Penalty for contravention of section 48:Every person who exports any weight or measure or commodity in packaged formwhich does not conform to the standards of weight or measure established by orunder this Act shall, except where such export has been made with the previousapproval of the Central Government, be punished with fine which may extend tofive thousand rupees, and, for the second or subsequent offence withimprisonment for a term which may extend to five years and also with fine.

66.Penalty for contravention of section 49:Whoever contravenes, without any reasonable excuse, the provisions of section49, 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 mayextend to five years and also with fine.

67.Penalty where no specific penalty isprovided: Whoever contravenes any provisions of this Act for the contraventionof which no punishment has been separately provided in any of the provisions ofthis Act, shall be punished with fine which may extend to two thousand rupees.

68.Presumption to be made in certain cases:(1) If any person, in the course of inter-State trade or commerce, uses, orcauses to be used, sells, distributes, delivers or otherwise transfers, orcauses to be sold, distributed, delivered or otherwise transferred, any falseor unverified weight or measure, it shall be presumed, until the contrary isproved, that he had done so with the knowledge that the weight or measure was afalse or unverified weight or measure.

(2) If any person makes or manufactures orhas in his possession, custody or control any false or unverified weight ormeasure in such circumstances as to indicate that such weight or measure islikely to be used in the course of inter-State trade or commerce, it shall bepresumed, until the contrary is proved, that such false or unverified weight ormeasure was made, manufactured, possessed, held or controlled by such personwith the knowledge that the same would be, or is intended to be, used in thecourse of inter-State trade or commerce.

69.Penalty for personation of officials:Whoever personates, in any way, the Director, or any authorised officer, shallbe punished with imprisonment for a term which may extend to three years.

70.Penalty for giving false information orfalse return: (1) Whoever gives information to the Director or the authorisedofficer which he may require or ask for in the course of his duty and whichsuch person either knows or has reason to believe to be false shall be punishedwith imprisonment for a term which may extend to six months, or with fine whichmay extend to one thousand rupees, or with both.

(2) Whoever, being required by or underthis 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, forthe second or subsequent offence, with imprisonment for a term which may extendto one year and also with fine.

71.Vexatious actions: (1) An authorisedofficer who knows that there are no reasonable grounds for so doing, and yet-

(a) searches, or causes to be searched, anyhouse, conveyance or place; or

(b) searches any person; or

shall, for every such offence, be punishedwith imprisonment for a term which may extend to one year, or with fine whichmay extend to two thousand rupees, or with both.

(2) If a local Inspector, as defined insection 40, –

(a) without any reasonable cause verifiesany weight or measure of first category, within the meaning of section 41,

(b) without any reasonable causeobliterates any stamp on any such weight or measure,

in contravention of the provisions of thefirst proviso to section 42, he shall, for every such offence be punished withimprisonment for a term which may extend to one year, or with fine which mayextend to two thousand rupees, or with both.

72.Cognizance of offences, etc:Notwithstanding anything contained in the Code of Criminal Procedure, 1973, –

1 [(a) no court shall take cognizance of anoffence 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 associationwhether the person aggrieved is a member of such association or not.

Explanation: – For the purposes of thisclause "recognised consumer association" means a voluntary consumerassociation registered under the Companies Act, 1956 or any other law for thetime being in force.]

(b) no court inferior to that of aMetropolitan Magistrate or a Judicial Magistrate of the first class shall tryany offence under this Act;

(c) an offence punishable under section 50,section 52, section 53, section 56, section 58, section 60, section 61, section63, section 64, section 65 or section 66, may be tried summarily by aMagistrate and no sentence of imprisonment for a term exceeding one year shallbe passed in the case of any conviction for an offence which is summarily triedunder this section.

____________________

1. Substituted by S.2 of The Standards ofWeights and Measures (Amendment) Act, 1986(75 of 1986) w.e.f.(1-7-1987) vide Notification No.G.S.R.616 (E), dated1-7-1987, Gazette of India, Extraordinary, Part II, section 3 (i).

73.Compounding of offences: (1) Any offencepunishable under section 50, section 55, section 56, section 57, section 58,section 59, section 60, section 63, section 64, section 65, section 66 orsection 67 may, either before or after the institution of the prosecution, becompounded by the Director, or such other officer as may be speciallyauthorised by him in this behalf, on payment for credit to the Government ofsuch sum as the Director or such other officer may specify:

Provided that such sum shall not, in anycase, exceed the maximum amount of the fine which may be imposed under this Actfor the offence so compounded.

(2) Nothing in sub-section (1) shall applyto a person who commits the same or similar offence within a period of threeyears from the date on which the first offence, committed by him, wascompounded.

Explanation: – For the purposes of thissub-section, any second or subsequent offence committed after the expiry of aperiod of three years from the date on which the offence was previouslycompounded, shall be deemed to be a first offence.

(3) Where an offence has been compoundedunder 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 becompounded except as provided by this section.

74.Offences by companies and power of courtto publish name, place of business, etc., of companies convicted: (1) If anoffence under this Act is committed by a company, every person who, at the timethe offence was committed was in charge of, and was responsible to the companyfor the conduct of the business of the company as well as the company, shall bedeemed to be guilty of the offence and shall be liable to be proceeded againstand punished accordingly:

Provided that nothing contained in thissub-section shall render any such person liable to punishment if he proves thatthe offence was committed without his knowledge or that he had exercised alldue diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained insub-section (1), where an offence under this Act has been committed by acompany and it is proved that the offence has been committed with the consentor connivance of, or is attributable to the neglect on the part of, anydirector, manager, secretary or other officer, such director, manager,secretary or other officer shall also be deemed to be guilty of that offenceand shall be liable to be proceeded against and punished accordingly.

(3) Where any company is convicted underthis Act for contravention of any of the provisions thereof, it shall becompetent for the court convicting the company to cause the name and place ofbusiness of the company, nature of the contravention, the fact that the companyhas been so convicted and such other particulars as the court may consider tobe appropriate in the circumstances of the case, to be published at the expenseof the company in such newspapers or in such other manner as the court maydirect.

(4) No publication under sub-section (3)shall be made until the period for preferring an appeal against the orders ofthe court has expired without any appeal having been preferred, or such anappeal, having been preferred, has been disposed of.

(5) The expenses of any publication undersub-section (3) shall be recoverable from the company as if it were a fineimposed by the court.

Explanation: – For the purposes of thissection –

(a) "company" means any bodycorporate and includes a firm or other association of individuals; and

(b) "director", in relation to afirm, means a partner in the firm.

75.Provisions of Indian penal code not toapply to any offence punishable under this Act: The provisions of the IndianPenal Code, in so far as such provisions relate to offences with regard toweights and measures, shall not apply to any offence which is punishable underthis Act.

PART VII

TRAINING INSTITUTE

76.Establishment of a training Instituteand provisions for training thereat: (1) There shall be established by theCentral Government, at such place as it may think fit, an Institute to be knownas the "Indian Institute of Legal Metrology" (hereafter referred toas the "Institute") for imparting training in legal metrology andother allied branches of knowledge.

(2) The management and control of theInstitute, which shall vest in the Central Government, shall be carried on inaccordance with such regulations as may be made by the Central Government.

(3) The Central Government shall providethe Institute with such teaching staff and other employees, and with suchequipments and other facilities as it may think fit to enable the Institute tofunction effectively as an institution for imparting adequate training in legalmetrology and other allied branches of knowledge.

(4) The courses and curricula for trainingat the Institute and the period for which the training may be imparted thereatfor each course shall be such as may be prescribed.

(5) The Central Government shall prescribethe minimum qualifications which a person shall possess in order to be eligiblefor admission to the Institute for receiving training threat and differentqualifications may be prescribed for different courses of training imparted atthe Institute.

(6) The Central Government and every StateGovernment may depute, in such batches as may be convenient to the Institute,employees of, or above, the rank of an Inspector for receiving training at theInstitute and the Central Government may also arrange for the training, at theInstitute, of such other persons as it may think fit.

(7) The Institute may, –

(a) carry out such researches in legalmetrology and other allied branches of knowledge as may be entrusted to it bythe Central Government, and

(b) hold such seminars, meetings or othergatherings as it may think fit.

77.Training at other places: Where theCentral Government is of opinion that in addition to the training imparted atthe Institute, it is necessary to impart to an employee, not below the rank ofan Inspector, further specialised training which is not provided for at theInstitute, it may send such employee to such other place, authority or institutionas it may think fit for receiving such specialised training.

PART VIII

MISCELLANEOUS

78.Survey and statistics: The CentralGovernment shall make, or cause to be made, such surveys and collect, or causeto be collected, such statistics as it may consider necessary with a view toascertaining the extent to which any standard of weight, measure or numerationestablished by or under this Act has been implemented in any area or inrelation to any class of undertakings, users or goods and it shall be the dutyof every person using weight or measure or making any numeration to render suchassistance as the person making such survey or collecting such statistics mayrequire.

79.Conversion of non-metric weights andmeasures into standard units of weights or measures: (1) The value expressed interms of any unit of weight or measure other than in terms of the standardunits of weight or measure may be converted into the value expressed in termsof a standard unit of weight or measure at the rate specified in the Schedule.

(2) All references in any enactment or inany 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 interms of any unit of weight, measure or numeration other than that of astandard unit of weight, measure or numeration shall be construed as referencesto that value expressed in terms of standard units of weight, measure ornumeration, as the case may be, converted at the rates specified in theSchedule.

80.Non-metric weight or measure not to bementioned in any document, etc., or to form the basis of any contract after thecommencement 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 ornumeration.

(2) On and from the commencement of thisAct, no weight, measure or number other than the standard weight, measure ornumber shall be used in, or form the basis of, any contract or other agreementin relation to any inter-State or international trade or commerce:

Provided that in relation to any goods whichare exported, the weight, measure or number of such goods may be indicatedthereon, or in any contract, in addition to the standard units of weight,measure or numeration, in accordance with any other system of weight, measureor numeration if the person to whom the export is to be made so requires.

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

(4) No written record of the results of anymeasurement shall be maintained in any unit other than the standard unit ofweight, measure or numeration established by or under this Act.

81.Appeals: (1) Subject to the provisionsof sub-section (2), any person aggrieved by an order made under section 30, orsection 36 may prefer an appeal against such order to the Director, or wherethe order has been made by the Director, to the Central Government.

(2) Every such appeal shall be preferredwithin 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 frompreferring the appeal within the said period of sixty days, permit theappellant to prefer the appeal within a further period of sixty days.

(3) On receipt of any such appeal, the appellateauthority shall, after giving the parties to the appeal a reasonableopportunity of being heard and after making such inquiry as it deems proper,make such order, as it may think fit, confirming, modifying or reversing theorder appealed against or may send back the case with such direction as it maythink fit for a fresh order after taking additional evidence, if necessary.

(4) Every appeal shall be preferred onpayment of such fee, as may be prescribed.

(5) The Central Government may, on its own motionor otherwise, call for and examine the record of any proceeding (including aproceeding in appeal) in which any decision or order has been made, for thepurpose of satisfying itself as to the correctness, legality or propriety ofsuch decision or order and may pass such order thereon as it may think fit:

Provided that no decision or order shall bevaried under this sub-section so as to prejudicially affect any person unlesssuch person has been given a reasonable opportunity of showing cause againstthe proposed action.

82.Levy of fees: (1) The Central Governmentmay, by rules made under section 83, specify such fees, not exceeding –

(a) five thousand rupees, for the approvalof the model of any weight or measure intended to be made or manufactured forsale, purchase, distribution or delivery in the course of any inter-State tradeor commerce;

(b) one thousand rupees, for theverification and stamping of a weight or measure of the first category withinthe meaning of section 41;

(c) five thousand rupees, for theverification and stamping of a weight or measure of the second category, withinthe 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 a confidentialnature;

(e) ten rupees, for the registration ofexporters or importers of weights and measures;

(f) twenty-five rupees for any appealpreferred under this Act.

(2) No approval, verification or stampingshall be made, copy granted, registration made or appeal entertained unless thefee prescribed therefor under sub-section (1) has been paid.

83.Power to make rules: (1) The CentralGovernment may, by notification, make rules for carrying out the provisions ofthis Act.

(2) In particular, and without prejudice tothe generality of the foregoing power, such rules may provide for all or any ofthe following matters, namely: –

(a) supplementary, derived, special orother units of weight or measure, standard symbols or definitions asrecommended by the General Conference on Weights and Measures or theInternational Organisation of Legal Metrology;

(b) multiples and sub-multiples of, andphysical constants, ratios or co-efficients in relation to units of weight ormeasure, as recommended by the General Conference on Weights and Measures orthe International Organisation of Legal Metrology;

(d) periodical intervals at which theaccuracy of the objects or equipment referred to in sub-section (1) orsub-section (2) of section 16 shall be certified;

(e) the manner in which and the conditionsunder which every national prototype, referred to in section 15, and everyobject or equipment referred to in section 16, shall be kept;

(f) the manner in which and the conditionsunder which every reference standard, secondary standard or working standardshall be kept;

(g) the place at which, the authority bywhich, the manner in which, and the periodical intervals at which, everyreference standard, secondary standard and working standard shall be verifiedand authenticated;

(h) the custody in which every referencestandard, secondary standard or working standard shall be kept;

(i) the physical characteristics, configuration,constructional details, materials, equipment, performance, tolerances, methodsor procedures of tests, in relation to weights or measures;

(j) the conditions, limitations andrestrictions under which non-standard weights or measures may be manufacturedfor export or may be exported;

(k) the manner of disposal of any commoditywhich is subject to speedy or natural decay;

(l) class of goods or undertakings inrelation 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 ornumber;

(m) registers and records to be maintainedby persons referred to in section 35;

(n) the authority to whom models are to besubmitted for approval;

(o) the number of models, drawings andother information which are to be submitted for the approval of the model;

(p) the conditions under which theperformance of any model is to be tested;

(q) the manner in which the number of modeland certificate shall be inscribed on every weight or measure;

(r) the manner of declaration of thecontents of a package and specification of the unit of weight, measure ornumber in accordance with which the retail sale price shall be declared on thepackage;

(s) the standard quantities or number in whichcommodities may be packed;

(t) the capacity up to which a packageshall be filled;

(u) the reasonable variations in the netcontents of a packaged commodity which may be caused by the method of packingor ordinary exposure;

(v) the classes of weights or measureswhich would fall in the first category or the second category;

(w) the special seal by which weights ormeasures of the first category shall be stamped;

(x) periodical returns to be submitted byevery manufacturer dealer or other person in a transferor State;

(y) the form and manner in which, and thetime within which, applications for inclusion of a name in the register ofexporters and importers of weights or measures shall be made;

(z) the period of which certificate ofregistration of an exporter or importer of weights or measures may be renewed;

(za) the courses and curricula for, and theperiod of, training at the Institute;

(zb)the minimum qualifications for admission to the Institute;

(zc)the scales in accordance with which fees may be collected under section82;

(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 punishablewith fine which may extend to two thousand rupees.

(4) Every rule made by the CentralGovernment 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 ofthirty days which may be comprised in one session or in two or more successivesessions, and if, before the expiry of the session immediately following thesession or the successive sessions aforesaid, both Houses agree in making anymodification 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 noeffect, as the case may be; so, however, that any such modification orannulment shall be without prejudice to the validity of anything previouslydone under that rule.

84.Continuance of certain weights andmeasures during transitional period: (1) Notwithstanding that this Act has comeinto force in respect of any area or class of goods or undertakings or class ofweights and measures or users of weights and measures in the State of Sikkim,the Central Government may, by notification, permit the continuance of the use,after such commencement, in respect of that area or class of goods orundertakings, or for classes of users of weights and measures, of such weightsand measures, in addition to the standard weights or measures, and for suchperiod, not exceeding five years, as may be specified in the notification.

(2) Nothing in sub-section (1) shall bedeemed to empower the Central Government to issue any notification in respectof any weight or measure which was not in use in the State of Sikkimimmediately before the commencement of this Act.

85.Repeal and savings: (1) The Standards ofWeights and Measures Act, 1956 (89 of 1956), is hereby repealed.

(2) Without prejudice to the provisionscontained in the General Clauses Act, 1897 (10 of 1897), with respect torepeals, any notification, rule or order made under the Standards of Weightsand Measures Act, 1956 (29 of 1956), shall, if in force, at the commencement ofthis Act, continue to be in force and have effect as if made under thecorresponding provision of this Act.

THE SCHEDULE

(See section 79)

(1) Length:

1 inch = 0.205 4 metre

1 foot =0.304 8 metre

1 Yard = 0.914 4 metre

1 mile = 1 609.344 metres

1 nautical mile (UK) = 1 853.18 metre

For Survey of India Only

1 Foot = 0.304 799 6 metre

(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 = 0.000 016 387 064 cubic metre

1 cubic foot = 0.028 316 846 592 cubic metre

1 cubic yard = 0764 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 inches) = 0.035 239 070 17 cubic metre

1 barrel (for petroleum) = 0.158 937 294 928 cubic metre

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

1 ounce (troy) = 0.031 103 476 kilogram

1 pound (avoirdupois) = 0.453 592 37 kilogram

1 hundred weight (UK) = 50.802 345 44 kilogram

1 hundred weight (USA) = 45.359 237 kilogram

1 ton (UK) =1 016.046 908 8 kilograms

1 ton (USA) = 907.184 74 kilogram

(5) Temperature:

1 degree Fahrenheit (unit) = 5/9 kelvin or degree (celsius)

Temperature in degrees = 5/9 (t F + 459.67) kelvins

Fahrenheit

(t F) =5/9 (t F -32 ) degree celsius

(6) Force:

1 pound – force = 4.448 221 615 260 5 newtons

1 poundal =0.138 254 954 376 newton

(7) Pressure:

1 barometric inch of mercury = 3.386383 640 341 pascals

1 inch of water = 249.08891 pascals

(8) Energy:

1 British thermal unit = 1 055.055 852 62 joules

1 foot pound-force = 1.355 817 948 331 400 4 joules

(9) Power:

1 horse-power (UK) =745.669 871 582 270 22 watts

1 horse-power (European) = 735 498 75 watts

1 ton of refrigeration = 3516.852 842 67 watts.

STANDARDS OF WEIGHTS AND MEASURES ACT 1976

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