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Untitled Document

Bill No. XXX of 2005

THE STANDARDS OF WEIGHTS AND MEASURES (AMENDMENT)

BILL, 2005

A

BILL

 

Further to amend the Standards of Weights and Measures Act, 1976.

Be it enacted by Parliament in the Fifty-sixth Year of the Republic of India as follows :

1.(1) This Act may be called the Standards of Weights and Measures (Amendment) Act, 2005.

(2) It shall come into force on such date as the Central Government may, by notification, appoint.

Short title and commencement
Amendment of section 2.

2. In section 2 of the Standards of weights and Measures Act, 1976 (hereinafter referred to as the principle Act),

(a) after clause (n), the following clause shall be inserted, namely :

'(na) "Legal Metrology" means that part of metrology which treats units of measurement, methods of measurement and measuring instruments, in relation to the mandatory technical and legal requirements which have the object of ensuring public guarantee from the point of view of security and accuracy of the measurement;'

(b) for clause (o), the following clause shall be substituted, namely :

'(o) "manufacturer", in relation to any -

(a) weight or measure, means a person who, or a firm or a Hindu undivided family, which, -

(i) makes or manufacture such weight or measure,

(ii) makes or manufactures one or more part, and acquires the other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself, as the case may be,

(iii) does not make or manufacture any part of such weight or measure but assembles parts thereof made or manufactured by otters and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,

(iv) put, or cause to be put, his or its own mark on any complete weight or measure made or manufactured by any otter person and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be.

Explanation. - Where any manufacturer despatches any weight or measure or any part thereof to any branch office maintained by him or it, such branch office shall not be deemed to be a manufacturer even though the parts os despatched to its are assembled at such branch office;

(b) commodity in packaged form, means a person who, or a firm or a Hindu undivided family which, produces, makes or manufacturer such commodity and includes a person who, or a firm or a Hindu undivided family which, puts or causes to be put, any mark on any packaged commodity, not produced, made or manufactured by him or it, and the mark claims the commodity in the package to the commodity produced, made or manufactured by such person, firm of Hindu undivided family, as the case may be;

(c) in clause (y), in the Explanation, for the word "branding", the words "branding, affixing pre-stressed paper seal" shall be substituted.

 
Substitution of new section for sections 5 to 11 Base unit.

3. For sections 5 to 11 of the principle Act, the following section shall be substituted, namely : -

"5. The base unit of -

(i) length shall be the matre;
(ii) mass shall be the kilogram;
(iii) time shall be the second;
(iv) electric current shall be the ampere;
(v) thermodynamic temperature shall be the kelvin;
(vi) luminous intensity shall be the candela; and
(vii) amount of substance shall be the mole,

and the definition of base unit of measures under sub-clauses (i), (iii) to (vii) and the definition of base unit of mass under sub-clause (ii) shall be such as may be prescribed."

 
 

4. In section 14 of the principle Act, for sub-section (1), the following sub-section shall be substituted, namely : -

"(1) The base unit of mass and measures specified in section 5 and the supplementary and other units specified by rules made under section 12, shall be the standard units of weight or measure, as the case may be."

 

Amendment of section 14
 
5. In section 19 of the principle Act, in sub-section (1), after the word "tolerances", at both the places where it occurs, the words "period of re-verification," shall be inserted.
Amendment of section 19
 
6. Section 23 of the principle Act shall be omitted.
Omission of section 23
 
7. For section 24 of the principle Act, the following section shall be substituted, namely : -
Substitution of new section for section 24.
 

"24. (1) The Central Government shall cause to be prepared, for the purposes of this Act, as many sets of reference standards as it may think necessary and shall keep such sets of reference standards at the Regional Reference Standards Laboratories and at such other places and in such custody as may be prescribed.

(2) Every reference standard referred to in sub-section (1) shall be verified and authenticated in such matter as may be prescribed."

Central Government to keep reference standards.
 

8. In section 26 of the principle Act, -

(a) in sub-section (1), after the words "reference standard", the words "one payment of such fee and" shall be inserted;

(b) in sub-section (2), after the words "by such authority", the words "and on payment of such fee" shall be inserted.

Amendment of section 26
 
9. After section 27 of the principle Act, the following section shall be inserted, namely :
Insertion of new section 27A.
 

"27A. (1) There shall be established by the Central Government, at such places as it thinks fit, Regional Reference Standards Laboratories for keeping and maintaining the Standards of Legal Metrology.

(2) The management and control of the Regional Reference Standards Laboratories shall be carried on in such manner as may be prescribed.

(3) The duties and the functions of the Regional Reference Standards Laboratories shall be such as may be prescribed.".

Establishment of Regional reference Standards Laboratories.
 

10. Section 30 of the principal Act shall be re-numbered as sub-section (1) thereof, and, -

(a) in sub-section (1) as so re-numbered, after the words "the Central Government", the words "or, as the case may be, the State Government" shall be inserted;

(b) after sub-section (1) as so-renumbered, the following sub-section shall be inserted, namely :

"(2) Every weight, measure or other goods seized under section 29 but not forfeited under sub-section (1) shall be disposed of by such authority and in such manner as may be prescribed."

Amendment of section 30.
Amendment of section 32.

11. In section 32 of the principle Act, -

(a) after sub-section (1), the following sub-section shall be inserted, namely :

"(1A) Notwithstanding anything contained in sub-section (1), the Central Government may, by rules made in this behalf, direct, in respect of those class of goods or services or undertakings or users specified therein,that no transaction, dealing or contract shall be made except by such weighing or measuring instrument as may be specified in such rules."

(b) in sub-section (2), after the words, brackets and figure "sub-section (1)", the words, brackets, figure and letter "or sub-section (1A)" shall be inserted.

 
Amendment of section 33

12. In section 33 of the principle Act, for clauses (d), (e) and (f), the following clauses shall be substituted, namely : -

"(d) indicate the weight, measure or number of pieces of the commodity contained in the package, either on package itself or on any label, carton or other thing affixed thereto, or

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

 
Amendment of section 36

13. In section 36 of the principal Act, -

(a) in sub-section (1), clauses (a) and (e) shall be omitted;

(b) in sub-section (7), after the words "in respect of that model", the words "subject to such terms and conditions, including the period of its validity, as may be prescribed" shall be inserted;

(c) sub-section (8) shall be omitted.

 
Amendment of section 39.

14. In section 39 of the principal Act, -

(a) in sub-section (1), for sub-clauses (iv), (v) and the Explanation, the following shall be substituted, namely :

"(iv) the sale price of the commodity in the package; and

(v) the months and year of manufacture or packaging, as the case may be :

Provided that where a declaration similar to that under sub-clause (v) has been made, with regard to date of manufacture or packaging, or the date of expiry of the commodity manufactured or packaged, in accordance with the requirement under any other law for the time being in force, such declaration shall be deemed to be a declaration made under sub-clause (v).";

(b) for sub-section (2), the following sub-section shall be substituted, namely :

"(2) Every package to which this Part applies shall bear thereon the name and address of the manufacturer, package or importer.";

(c) after sub-section (9), the following sub-section shall be inserted, namely :

"(10) Every prescribed retail dealer, selling commodities in packaged form, shall keep and maintain the prescribed weighting machine or measuring instrument in his premises to enable consumers to verify the net quantity in such package, free of cost."

 

 
Omission of Chapter V of Part IV
15. In Part IV of the principal Act, Chapter V shall be omitted.
 
 
16. In Part IV of the principal Act, after Chapter V as omitted by section 15, the following Chapter shall be inserted, namely :
Insertion of New Chapter VI in Part IV.
 

'CHAPTER VI

VERIFICATION AND STAMPING OF WEIGHTS AND MEASURES BY SPECIAL VERIFICATION AGENTS

 
 

46A. In this Chapter, unless the context otherwise requires, -

(a) "Board" means the Central Advisory Board constituted under section 46B;

(b) "licence" means a licence issued under section 46D for the verification of specified weighing or measuring instrument;

(c) "Special verification agent" means the person to whom a licence is issued and whose name is included in the register of special verification agents under section 46D;

(d) "specified weighting or measuring instrument" means the type of weighing or measuring instrument specified in the licence.

Definitions.
 

46B. (1) The Central Government may, by notification, constitute a Board to the called the Central Advisory Board to exercise the powers conferred on, and to perform the functions assigned to, it under this Act.

(2) The Board shall consists of the following members, namely :

(a) the Additional secretary or the Joint Secretary to the Government of India, in charges of Legal Metrology, in the Ministry or Department of the Central Government dealing with the weights and measures - ex officio, chairperson;

(b) a representative of the Ministry of Law and Justice (Department of Legal Affairs or Legislative Department) - member;

(c) a representative of any industry association as the Government may deem fit to nominate;

(d) a representative of the Bureau of Indian Standards - member;

(e) the Director - ex officio, member-secretary.

(3) The Board may associate with itself in such manner, and for such purposes, as may be prescribed, not more than four members from the industry, scientific organization, voluntary consumer organisation of the concerned State and the Controller of Legal Metrology of the State or the Union territory concerned whose assistance or advice the Board may desire to obtain in performing any of its functions assigned to it.

(4) The members, other than the ex officio members, of the Board shall have such tenure as may be prescribed.

(5) The Board shall regulate its own procedure.

(6) The Board shall meet as least once in three months.

 

Constitution of Board
 

46C. (1) Any person, who intends to act as a special verification agent, shall make an application, within such time and containing such particulars including qualifications as may be prescribed, for the inclusion of his name in the register of special verification agents to be maintained for the purpose.

(2) The register of the special verification agents shall be maintained in such form and in such manner as may be prescribed.

(3) The application referred to in sub-section (1) shall be made to the Director and every such application shall be made in such form, in such manner and an payment of such fees as may be prescribed.

(4) On receipt of an application referred to in sub-section (1), the Director, after scrutinising such application and if found complete, shall forward the same to the Board for its consideration.

Application for special verification agent.
Functions of Board.

46D. (1) The Board may, after considering the application forwarded to it under sub-section (4) of section 46C and on being satisfied that the applicant fulfils the requisite qualifications, and that it is expedient in the public interest so to do, recommend to the Central Government for the issue of a licence to the applicant to carry out the verification and stamping of weighing or measuring instruments.

(2) The Central Government may, after considering the recommendation of the Board, issue a licence to the applicant specifying therein

(i) the type of instrument of weight or measure and the number of such instruments the applicant shall verify the stamp;

(ii) the area within which the applicant shall carry out verification and stamping of instrument of weight or measure specified in the licence;

(iii) the period for which such licence shall be valid;

(iv) the terms and conditions of the licence,

and including the name of the applicant as a special verification agent in the register of special verification agents.

(3) The Central Government may notify the name and address of the special verification agent, the instruments of weight or measure and the number of such instruments he shall verify and the area within which such agent shall carry out verification and stamping of instruments of weight or measure, in such manner as it think appropriate.

(4) A special verification agent who intends to continue to act as such shall make an application, within ninety days before the date of expiration of his licence, for renewal of his licence, in such form, containing such particulars and on payment of such fee as may be prescribed.

 
Collection and sharing of verification fees.

46E. (1) A special verification agent shall collect such fee, for the verification or re-verification of the specified weighing or measuring instrument, as may be prescribed.

(2) The special verification agent shall pay, out of the total fee collected under sub-section (1), seven per cent, to the State Government where, he is located and, verification is done and three per cent. to the Central Government, in such manner as may be prescribed.

 
Procedure for verification

46F. (1) Any person desirous of getting a specified weighing or measuring instrument verified by the special verification agent shall submit such instrument for verification and stamping to such agent and in such manner as may be notified under sub-section (3) of Section 46D.

(2) Every special verification agent shall submit the details of verification and stamping done in respect of the weighing or measuring instruments, in such form and to such authority as may be prescribed.

(3) The special verification agent shall follow such procedure for verification of weight or measure and such time schedules as may be prescribed.

 
Inspection of special verification agent.

46G. (1) The Central Government may appoint such inspection officers as it thinks fit to inspect the method or procedure of test adopted by the special verification agent.

(2) Every inspection officer appoint by the Central Government under sub-section (1) shall have the right to draw samples of verified weights or measures from the special verification agent.

(3) The manner of drawing the samples, the number of samples to be drawn, the method adopted for inspecting or testing the verified weights or measures and the manner of reporting shall be such as may be prescribed.

(4) The Central Government may, on report of the inspection officers or on the recommendation of the Board, suspend or cancel the licence of the special verification agent :

Provided that no such suspension or cancellation shall be made except after giving the special verification agent a reasonable opportunity of being heard."

 
 
17. In section 47 of the principle Act, in sub-section (3), for the words "ten rupees", the words "one thousand rupees" shall be substituted.
Amendment of section 47
 

18. In section 48 of the principal Act, -

(a) in sub-section (1), after the word "restrictions", the words "and on payment of such fees," shall be inserted;

(b) in sub-section (2) for the words "in addition to specifying the net contents of such package in terms of the standards unit of weight or measure established by or under this Act, also specify the weight or the net contents thereof", the words "specify the net contents of such package" shall be substituted.

Amendment of section 48
 
19. In section 50 of the principle Act, for the word "one thousand rupees", the words "five thousand rupees" shall be substituted.
Amendment of section 50
 
20. In section 51 of the principal Act, for the words "five thousand rupees", the words"twenty thousand rupees" shall be substituted.
Amendment of section 51
 

21. In section 52 of the principal Act, -

(a) the words "exclusively for export, " shall be omitted;

(b) for the words "two thousand rupees", the words "twenty-five thousand rupees" shall be substituted.

Amendment of section 52
 
22. Section 53 of the principal Act shall be omitted.
Omission of Section 53
 

23. In section 55 of the principal Act,-

(a) for the words "two thousand rupees", the words "five thousand rupees" shall be substituted;

(b) for the words "one year and also with fine", the words "three years, or with fine, or with both" shall be substituted.

Amendment of section 55.
 

24. In section 56 of the principal Act, -

(a) for the words "two thousand rupees", the words "five thousand rupees" shall be substituted;

(b) for the words "three years and also with fine", the words "three years, or with fine, or with both" shall be substituted.

Amendment of section 56
 

25. In section 57 of the Principal Act, -

(a) in the marginal heading, for the words and figures "contravention of section 34", the words "short measurement" shall be substituted;

(b) for the words "five thousand rupees", the words "twenty-five thousand rupees" shall be substituted.

Amendment of section 57
 

26. In section 58 of the principal Act, -

(a) for the words "one thousand rupees", the words "five thousand rupees" shall be substituted;

(b) for the words "six months and also with fine", the words "six months, or with fine, or with both" shall be substituted.

Amendment of Section 58
Amendment of section 59.
27. In section 59 of the principal Act, for the words "five thousand rupees", the words "twenty thousand rupees", shall be substituted.
 
Amendment of section 60.

28. In section 60 of the principal Act, -

(a) in sub-section (1) after the words "shall also be liable to fine", the words "which may extent to twenty thousand rupees" shall be inserted;

(b) in sub-section (2), after the words "and also with fine", the words "which may extent to twenty thousand rupees" shall be inserted.

 
Amendment of section 61.
29. In section 61 of the principal Act, for the words "five yeas and also with fine", the words "five year, or with fine, or with both" shall be substituted.
 
Omission of section 62.
30. Section 62 of the principal Act shall be omitted.
 
Substitution of new sections for section 63 Penalty for contravention of section 39 or short measurement. etc.

3. For section 63 of the principal Act, the following section shall be substituted, namely : -

"63. (1) Whoever, in the course of inter-State trade or commence, makes, manufactures, packs, sell, distributes, delivers or otherwise transfers, officer, exposes or passes for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any commodity in a packaged from which does not confirm to the provisions of this act, shall be punished with fine which may extent to five thousand rupees, for the second offence, with fine which may extent to ten thousand rupees, and, for the subsequent offence, with imprisonment for a term which may extent to five years or with fine which may extent to fifty thousand rupees, or with both.

(2) Whoever, manufactures, packs, cause to be manufactured, packed, any commodity in packaged form, lesser in weight, measure or number than the weight, measure or number, as the case may be, stated on the package or label thereon, or distributes or sells any commodity in packaged form, lesser in eight, measure or number than the weight, measure or number, as the case may be, stated on the package or label thereon knowingly or having reasons to believe that the commodity contained in such package is lesser shall be punished with imprisonment for a term which may extent to two years, or with fine which may extent to twenty thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extent to five years and also with fine.

 
 
63A. Any special verification agent who fails to comply with or contravenes the provisions of section 46E or section 46F or section 46G or the rules made thereunder, or the conditions of the licence, shall, in respect of such failure or contravention, be punished with imprisonment for a term which may extent to five years, or with fine which may extent to one lakh rupees, or with both, and in case the failure or contravention continues, with a further fine which may extend to five thousand rupees for every day after the first during which the failure or contravention continues.".
 
Amendment of section 64

32. In section 64 of the principal Act, -

(a) for the words "one thousand rupees", the words "five thousand rupees" shall be substituted;

(b) for the words "six months and also with fine", the words "six months, or with fine, or with both" shall be substituted.

 
Amendment of section 65
33. In section 65 of the principal Act, the words "or commodity in packaged form" shall be omitted.
 
Amendment of section 66.
34. In section 66 of the principal Act, for the words "five thousand rupees", the words "fifty thousand rupees" shall be substituted.
 
 
35. In section 67 of the principal Act, for the words "two thousand rupees", the words "five thousand rupees" shall be substituted.
Amendment of section 67
 

36. In section 70 of the principal Act, -

(a) in sub-section (1), for the words "one thousand rupees", the words "ten thousand rupees" shall be substituted;

(b) in sub-section (2) for the word "two thousand rupees", the words "ten thousand rupees" shall be substituted.

Amendment of section 70
 

37. In section 71 of the principal Act, -

(a) in sub-section (1), for the words "two thousand rupees", the words "ten thousand rupees" shall be substituted;

(b) sub-section (2) shall be omitted.

Amendment of section 71
 

38. In section 73 of the principal Act, -

(a) in sub-section (1), -

(i) after the words "officer may specify", the words "which shall be binding on the enforcement authorities" shall be inserted;

(ii) after the proviso, the following Explanation shall be inserted, namely :

Explanation - For the purposes of this sub-section, "enforcement authorities" means the Controllers and other officers appointed under sub-section (1) of section 5 of the Standards of Weights and Measures (Enforcement) Act, 1985.";

(b) in sub-section (3) for the words "compounded, and the offender, if in custody, shall be discharged forthwith", the word "compounded" shall be substituted.

Amendment of section 73
 

39. In section 74 of the principal Act, -

(a) for sub-section (1), the following sub-sections shall be substituted, namely :

"(1) Where an offence under this Act has been committed by a company, -

(a) (i) the person, if any, who has been nominated under sub-section (1A) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereafter in this section referred to as the person responsible); or

(ii) where no person has been so nominated, every person who at the time the offence was committed was in charge of, and was responsible to, the company for the conduct of the business of the company;

(b) the company,

shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly;

provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this Act if he proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such offence.

(IA) Any company may, be order in writing, authorise any of its directors to exercise all such powers and take all such steps as may be necessary or expedient to prevent the commission by the company of any offence under this Act and may give notice to the Director or the concerned Controller or any officer authorised in this behalf by such Controller (hereafter in this section referred to as the authorised officer) in such form and in such manner as may be prescribed, that it has nominated such director as the person responsible, along with he written consent of such director for being so nominated.

Explanation - Where a company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this sub-section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, brach or unit.

(IB) The person nominated under sub-section (1A) shall, until -

(i) further notice cancelling such nomination is received from the company by the Director or the concerned controller or the authorised officer; or

(ii) he ceases to be a director of the company, or

(iii) he makes a request in writing to the Director or the concerned Controller or the authorised officer under intimation to the company, to cancel the nomination (which request shall be complied with by the Director).

whichever is the earlier, continue to be the person responsible:

Provided that when such person ceases to be a director of the company, he shall intimate the fact or such cesser to the Director or the concerned Controller or the authorised officer:

Provided further that where such person makes a request under clause (iii), the Director or the concerned controller or the authorised officer shall not cancel such nomination with effect from a date earlier than the date on which the request is made.

(b) in sub-section (2),-

(i) for the word, brackers and figure "sub-section (1)", the words "the foregoing sub-sections" shall be substituted;

(ii) after the words "secretary or other officer,", the words, brackets, figure and letter "not being a person nominated under sub-section (1A)," shall be inserted.

Amendment of section 74.
Amendment of section 76
40. In section 76 of the principal Act, in sub-section (2), for the word "regulation", the word "rules" shall be substituted.
 
Amendment of section 78

41. In section 78 of the principal Act, for the portion beginning with the words "users or goods" and ending with the words "making any enumeration", the following shall be substituted, namely:-

"users, goods or pre-packed commodities and it shall be the duty of every person using the weight or measure or making any enumerations or manufacturer or packet of pre-packed commodities".

(b) from every decision given or order made by the Director of Legal Metrology under Part IV or Part VI, not being made in appeal under clause (a), to the Central Government or any officer specially authorised in this behalf by that Government.".

 
 

43. In section 82 of the principal Act,-

(a) for sub-section (I), the following sub-section shall be substituted, namely:-

"(1) the Central Government may, by rules made under section 83, specify such fees, not exceeding-

(a) ten thousand rupees, for the verification and stamping of a weight or measure of secondary or working standards within the meaning of section 26;

(b) ten thousand rupees, for verification of weights or measures or calibration of any measuring instrument in the Regional Reference Standards Laboratories as prescribed under sub-section (3) of section 27A;

(c) fifty thousand rupees, for the approval of the model of any weight or measure intended to be made or manufactured for sale, purchase distribution or delivery in the course of any inter-State trade or commerce;

(e) one thousand rupees, for the registration exporters or importers of weights or measures under sub-section (3) of section 47;

(e) one thousand rupees, for permission to export non-standard weights or measures under sub-section (I) of section 48;

(f) five hundred rupees, for any appeal preferred under this Act;

(g) ten rupees, for every one hundred words or less, for the grant of copies of any document not being a document of a confidential nature.";

(b) in sub-section (2), after the words "registration made", the words", permission granted" shall be inserted.

Amendment of section 82
 

44. In section 83 of the principal Act, in sub-section (2),-

(i) clause (a) shall be re-lettered as clause (aa) and before clause (aa) as so re-lettered, the following clause shall be inserted, namely:-

"(a) the definition of base units of measures and base unit of mass under section;";

(ii) clause (h) shall be omitted;

(iii) in clause (i), after the word "tolerances,", the words "period of re-verification," shall be inserted;

(iv) after clause (j), the following clause shall be inserted. namely:-

"(ja) the other places where and the custody in which the sets of reference standards shall be kept under sub-section (I) and the manner in which every reference standards be verified and authenticated under sub-section (2) of section 24;

(jb) the authority by which and the payment of fee on which the secondary standard and working standard referred to in section 25 may be verified under section 26;

(jc) the manner in which the management and control of the Regional Reference Standards Laboratories shall be carried on under sub-section (2), and the duties and functions of the Regional Reference Standards Laboratories under sub-section (3), of section 27A;";

(v) after clause (k), the following clause shall be inserted, namely:-

"(ka) the authority by which and the manner in which the weight, measure or other goods seized under section 29 but not forfeited shall be disposed of;";

(vi) after clause (I), the following clause shall be inserted, namely:-

"(la) weighing or measuring instrument which may be used in different transactions, dealing or contracts under sub-section (lA) of section 32;

(vii) after clause (p), the following clause shall be inserted, namely:-

"(pa) the terms and conditions subject to which the certificate of approval be issued and the period for which such certificate shall be valid under subsection (7) of section 36;";

(viii) after clause (u), the following clause shall be inserted, namely:-

"(ua) the retail dealers and the weighing machine or measuring instrument to be kept and maintained by the dealers in their premises under sub-section (10) of section 39;";

(ix) clauses (v), (w) and (x) shall be omitted and after clause (x) as so omitted, the following clauses shall be inserted, namely:-

"(xa) the manner in, and the purpose for, which the Board may associate with itself persons from the fields specified in section 46B;

(xb) the tenure of members, other than ex officio members, of the Board;

(xc) the form in which, the time within which, the amount of fee and the particulars (including qualifications) with which an application for inclusion of name in the register of special verification agents under section 46C or the application for renewal of licence to act as special verification agent under section 46D shall be made to the Director;

(xd) the form in which the register of special verification agents and the manner in which such register shall be maintained;

(xe) the period for which and the conditions and limitations subject to which licence may be granted;

(xf) the fee for verification or re-verification of specified weighing or measuring instrument under sub-section (I) of section 46E;

(xg) the manner of making payment of percentage of fee collected by the special verification agent to the Central Government and, the State Government concerned;

(xh) the form in which and the authority to which the details of verification and stamping done by the special verification agent shall be submitted;

(xi) the procedure to be adopted by the special verification agent for verification of weight or measure and the time schedule to be maintained for verification;

(xj) the manner of drawing the samples, the number of samples to be drawn and the manner of testing and reporting by the inspection officer;

(x) clause (za) shall be re-lettered as clause (zaa) and before clause (zaa) as so re-lettered, the following clause shall be inserted, namely:-

(za) the manner in which the management and control of the Indian Institute of Legal metrology shall be carried on under sub-section (2) of section 76;";

(xi) after clause (zb), the following clause shall be inserted, namely:-

"(zbb) the form and the manner in which notice to the Director or the concerned Controller or the authorised officer may be given under sub-section (1A) of section 74;".

Amendment of section 83
 
45. After section 85 of the principal Act, the following section shall be inserted, namely:-
In section of new section 86
 
"86. The Regional Reference Standards Laboratories established by the Central Government for keeping and maintaining the standards of Legal Metrology before the commencement of the Standards of Weights and measures (Amendment) Act, 2005 shall be deemed to have been established under this Act with effect from the 14th day of September, 1976 as if the provisions of section 27A were in force at all material times.".
Validation of establishment of Regional Reference Standards Laboratories

STATEMENT OF OBJECTS AND REASONS

The Standards of Weights and measures Act, 1976, is based on the then prevailing international practices, which provides for establishing standards of weights and measures for regulation of inter-state trade or commerce in weights, measures and the goods which are sold or distributed by weight, measure; or number.

2. since its enactment, there has been advancement in International practices and technological innovations made in the field of Legal metrology. It was felt that the advancement and technological innovations should be reflected in the enactment and also a better protection to consumers should be provided. It has, therefore, become essential to make amendments in the enactment. Hence, the amendments, inter alia, seek to provide for,-

(a) keeping weighing machines and measuring instruments by prescribed retail dealer for the purpose of use by consumers to check the quantity of products;

(b) appointing special verification agents for verification of sophisticated weighing machines or measuring instruments;

(c) using specified weight or measure, which are user friendly, in public transaction;

(d) nominating a Director by a company who shall be responsible for complying with the provision of the enactment,

(e) multiple sealing of weight and measure with a view to prevent fraudulent practices;

(f) permitting manufacturers to inscribe the non-metric units in addition to metric units on certain measuring instruments for information of consumers and for the smooth transition from non-metric to metric units;

(g) providing statutory backing for establishing and regulating the Regional Reference Standards laboratories;

(h) enhancing the amount of fine for violation of provisions relating to regulation of pre-packed commodities;

(i) simplifying the procedure of verification and stamping of weight and measure in relation to inter-state trade;

(j) empowering the Central Government to conduct survey or collect statistics in respect of implementation of standards of weights, measures or numeration; and

(k) revising fee for various services provided under the provisions of the enactment to make such fee commensurate with the services rendered.

3. The Bill seeks to achieve the above objects

SHARAD POWER.

New Delhi;
The 25th February,2005.

Notes on clauses

Clause 2. - This clause seeks to amend section 2 of the Standards of Weights and Measures Act, 1976 so as to define certain expressions used in the Bill

Clause 3 and 4.- These clause seek to substitute sections 5 to 1 and amend section 14 to empower the Central Government to define the base units under rules made in this behalf to facilitate adoption of new definition as and when changes occur due to scientific development.

Clause 5. - This clause seeks to amend section 19 to provide for prescribing the re-verification period of weight or measure by Central Government for the purpose of uniformity standard units on certain measuring instruments in addition to metric units, for information of consumers and for smooth transition to metric system.

Clause 7. - This clause seeks to substitute section 24 to provide for keeping verified reference standards by the Central Government at the Regional Reference Standards Laboratories.

Clause 8.- This clause seeks to amend section 26 to empower the Central Government to prescribe fee to be charged for sets of reference supplied to the State Governments.

Clause 9. - This clause seeks to insert a new section 27A to empower the Central Government to establish Regional Reference Standards Laboratories for keeping and maintaining the Standards of Legal Metrology. The management and control of such laboratories shall be carried on in such manner as may be prescribed.

Clause 10. - This clause seeks to amend section 30 to provide for prescribing procedure for disposing of seized goods.

Clause 11. - This clause seeks to amend section 32 to empower the Central Government for prescribing the use of consumer friendly weighing or measuring instrument in certain filed of activity.

Clause 12. - This clause seeks to amend section 33 to clarify further the provisions of that section with regard to quotations, etc.

Clause 13. - This clause seeks to amend section 36 to streamline provisions relating to model approval procedure in line with the international practices and also to omit some obsolete provisions with regard to exemption.

Clause 14. - This clause seeks to amend section 39 to revise the requirement of label in relation to packaged commodities to enable printing of month and year, omission of the requirement of printing unit sale price, provide for printing of name and address of manufacturer, packer or importer and also provide for prescribing weighing or measuring instrument to be kept in major retail shops to enable consumer to cross check quantity of products purchased.

Clause 15. - This clause seeks to omit Chapter V. which contain provisions relating to inter-State trade and commerce in weight, measure or other goods.

Clause 16. - This clause seeks to insert a new Chapter to provide for introduction of a new system of verification for regulation of sophisticated weighing or measuring instruments by licensing special verification agent and for their regulation.

Clause 17. - This clause seeks to amend section 47 with a view to provide the upper limits of fee for application to be made for inclusion of his name in the register of exporter by a person who intends to commence or continue business as exporter or importer of any weight or measure.

Clause 18. - This clause seeks to amend section 48 t provide for collection of fee for providing Central Government permission for export of non-standard weight or measure. The requirement regarding restriction placed on export packages is proposed to be removed to help exports.

Clauses 19 to 29. - These clauses seek to amend section 50,51,52,53,55,56,57,58,59,60 and 61 to revise penalty specified in those section.

Clause 30. - This clause seeks to omit section 62 which provides penalty for violation of the requirement of inter-State verification and stamping of weight or measure.

Clause 31. - This clause seeks to substitute section 63 to revise the penalty relating to violation of the requirement of packaged commodities and provides penalty for violation of the requirement relating to newly created special verification agents.

Clause 32. - This clause seeks to amend section 64 for revision of the penalty relating to non-registration of exporters or importers.

Clause 33. - This clause seeks to amend section 65 to take out export of commodity in packaged form, which does not conform to the standards of weights or measure, from the penal purview.

Clause 14. and 35. - These clauses seek to amend sections 66 and 67 to revise the penalties in relation to import of non-metric measuring instrument and for contravention of provisions of the Act for which no penal provision has been made separately.

Clause 36 and 37. - These clauses seek to amend section 70 and 71 to revise penalty provision for giving false information or false returns, and for vexatious action.

Clause 38. - This clause seeks to amend section 73 to provide that offences compounded shall be binding on the enforcement authorities. It is also proposed to do away with the power to take offender to custody by enforcement authorities.

Clause 39. - This clause seeks to amend section 74 to provide for enabling a company to nominate one of their directors as the person responsible for complying with the provisions of the Act.

Clause 40. - This clause seeks to amend section 76 to provide that rules shall be made in place of regulations.

Clause 42. - This clause seeks to amend section 81 to provide for wider appeal provisions.

Clause 43. - This clause seeks to amend section 82 for enhancing the upper limits of fees subject to which the fee may be specified by rules for various service rendered under the Act.

Clause 44. - This clause seeks to amend section 83 to provide certain further rules that may be made under the Act.

Clause 45. - This clause seeks to validate the continuity of the Regional Reference Standards laboratories which have been functioning since 1975.

FINANCIAL. MEMORANDUM

Clause 9 of the Bill seeks to provide for the establishment of Regional Reference Standards Laboratories by the Central Government. The said laboratories are already functioning under the Department and the proposal is only to provide statutory backing to such existing Laboratories. The expenditure on such I laboratories will be met out of the budgetary allocation of the Department. Hence, no additional expenditure is likely to incur from the consolidated Fund of India after the enactment of this legislation. The expenditure incurred on salaries of the staff of all Regional Reference Standards laboratories during 2003-04 was Rs. 43 Lakhs and the verification or calibration fee collected by them in the said year was Rs.66 Lakhs.

2. Clause 16 of the Bill seeks to empower the Central Government to establish a system of special verification agents for the verification of specified weighing machine or measuring instrument and to constitute a Central Advisory Board to exercise the powers conferred on it and to perform the functions assigned to it under this Bill. The special verification agents will collect fee for the verification of weighing machine or measuring instrument and out of the fee so collected, the special verification agents will pay three per cent to the Central Government. In view of the aforesaid system, the additional work is proposed to be assigned to the Weights and Measures Unit which will entail an estimated recurring expenditure to the extent of Rupees one crore forty lakh per annum. The entire expenditure on the Weights and Measures Unit will be met out of that three per cent. fee paid to the Central Government by the special verification agents. The expenditure on the Central Advisory Board may be met out of the budgetary allocation of the Department.

3. In view of the above, there may not be any significant additional recurring or non-recurring expenditure required to be made from the Consolidated Fund of India.

MEMORANDUM REGARDING DELEGATED LEGISLATION

Clause 44 of the Bill seeks to amend section 83 of the principal Act which empowers the Central Government to make rules for carrying out the provisions of the enactment. The matters in respect of which amendments are proposed, include matters, relating to the definition of base units of measure and base unit of mass under section 5; the period of re-verification of weight or measure under section 19; other places where and the custody in which the sets of reference standards shall be kept under sub-section (1), and the manner in which every reference standard be verified and authenticated under sub-section (2), of section 24; the authority by which and the payment of fee on which the secondary standard and working standard referred to in section 25 may be verified under section 26; the manner in which the management and control of the Regional Reference Standards Laboratories shall be carried on under sub-section (2), and the duties and functions of the Regional Reference Standards laboratories under sub-section (3), of section 27A; the authority by which and the manner in which the weight, measure or other goods seized under section 29, but not forfeited, shall be disposed of; the weighing or measuring instrument which may be used in different transaction, dealing or contract under sub-section (1A) of section 32; the terms and conditions subject to which the certificate of approval of model of weight or measure be issued and the period for which such certificate shall be valid under sub-section (7) of section 36; the retail dealers and weighing machine to be kept and maintained by such dealers in their premises under sub-section (10) of section 39; the manner in, and the purpose for, which the Board may associate with itself persons from the fields specified in section 46B; the tenure of members. other then ex officio members, of the Central Advisory Board, the form in which, the time within which, the amount of fee and the particulars (including qualifications) with which an application for inclusion of name in the register of special verification agents under sub-section (1), and the form in which the register of special verification agents and the manner in which such register shall be maintained under sub-section (2) of section 46C; the amount of fee for verification or re-verification of specified weighing or measuring instrument under sub-section (1), and the manner of making payment of percentage of fee collected by the special verification agent to the Central Government and the State Government concerned under sub-section (2), of section 46; the form in which and the authority to which the details of verification and stamping done by him shall be submitted, the procedure to be adopted by the special verification agent for verification of weight or measure and the time schedule to be maintained for such verification under section 46F; the manner of drawing the samples, the number of samples to be drawn, and the manner of testing and reporting by the inspection officer under section 46G; the manner in which the management and control of the Indian Institute of Legal metrology shall be carried on under sub-section (2) of section 76; the form and the manner in which notice to the Director or the concerned Controller or the authorised officer may be given under sub-section (IA) of section 74 and the maximum limits of fees to be levied under section 82.

2. The matters in relation to which such rules may be made are matters of administrative procedure and detail. The delegation of legislative power is, therefore, of a normal character.

 

ANNEXURE

EXTRACTS FROM THE STANDARD WEIGHTS AND MEASURES ACT, 1976
(60 OF 1976)

 
 

2. In this Act, unless the context otherwise requires,-

(o) "manufacturer" in relation to any weight or measure, means a person who, or a firm or a Hindu undivided family which, -

(i) makes or manufactures such weight or measure.

(ii) makes or manufactures one or more parts, and acquires the other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be.

(iii) does not make or manufacture any part of such weight or measure but assembles parts thereof made or manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be,

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

Explanation. - Where any manufacturer despatches any weight or measure or any part thereof to any branch office maintained by him or it, such branch office shall not be deemed to be a manufacturer even though the parts so despatched to it are assembled at such branch office;

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

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

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

Explanation.-A stamp may be made by impressing, casting, engraving, etching, branding or any other process;

Definitions
 

5. (1) The base unit of length shall be metre.

(2) The "metre" is the length equal to 1650 763.73 wave lengths in vaccum of the radiation corresponding to the transition between the levels 2p10 and 5d of the krypton-86 atom.

Base unit of length
 

6. (1) the base unit of mass shall be the kilogram.

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

Base unit of mass.
Base unit of time

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

(2) The "second" is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium-133 atom.

 
Base unit of electric current.

8. (1) The base unit of electric current shall be the ampere.

(2) The "ampere" is that constant current which if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed one mete apart in vacuum, would produce between these conductors a force equal to 2 x 10 newton per metre of length

 
Base unit of thermodynamic temperature.

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

(2) The "kelvin" is the fraction 1/273.16 of the thermodynamic temperature of the triple point of water.

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

(4) Zero degree Celsius corresponds to 273.15 kelvin.

 
Base unit of luminous intensity

10. (1) The base unit of luminous intensity shall be the candela.

(2) The "candela" is the luminous intensity, in the perpendicular direction, of a surface of 1/600,000 square metre of a black body at the temperature of freezing platinum under a pressure of 101.325 newtons per square metre.

 
Base unit of amount of sub-stance.

11. (1) The base unit of amount of substance shall be the mole.

(2) The 'mole" is the amount of substance of a system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12.

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

 
Standard unit of weight or measure.
14.(1) The base unit of mass specified in section 6 and base units of measures specified in section 5 and section 7 to 11 (both inclusive) and the supplementary and other units specified by rules made under section 12, shall be the standard units of weight of measure, as the case may be.
 
power of Central Government to prescribe physical characteristics, etc, of weights and measures

19.(1) The Central Government shall, in relation to any weight or measure, prescribe the physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, methods or procedures of tests in accordance with the recommendations made by the International Organisation of Legal Metrology;

Provided that were no such recommendation has been made, the Central Government shall prescribe such physical characteristics, configuration, constructional details, materials, equipment, performance, tolerance methods or procedures of tests in relation to any weight or measure as it may think fit.

 
Prohibition with regard to inscriptions etc

23. No weight, measure or other goods shall bear thereon any inscription or indication of weight, measure or number except in accordance with the standard unit 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 or research or for export, inscription or indication thereon of any weight, measure or number may also be made in accordance with any other system of weight, measure or numeration if such inscription or indication is demanded by the person by whom such scientific investigation or research is to be made or by the person to whom the export is to be made.

CHAPTER IV

Custody and verification of standard equipments

 
 

24. (1) The Central government shall cause to be prepared, for the purposes of this Act, as many sets of reference standards as it may think necessary and shall supply to each State Government as many sets of reference standards as it may think fit.

(2) The Central government shall keep in its custody. for the purposes of this Act, such number of reference standards as may be necessary.

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

Supply, etc. of reference standards
 

26. (1) Every secondary standard referred to in section 25 shall be verified with the reference standard by such authority as may be prescribed and shall, if found on such verification to conform to the standard established by or under this Act, be stamped by that authority.

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

Verification, stamping etc., of secondary or working standards.
 

30. Every false or unverified weight or measure, and every false package, used in the course of, or in relation 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 or measure shall not be forfeited to Government if the person from whom such weight or measure was seized gets the same verified and stamped within such time as may he prescribed.

Forfeiture
 

CHAPTER II

General

 
 

32. (1)

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

Use of weights only or measures only in certain cases
 

33. No. person shall, in relation to any goods, thing or service to which this part applies, -

(d) indicate the contents of any package either on itself or on any label, carton or other thing, or

(e) indicate the contents of any container, or
(f) express any quantity or dimension.

otherwise than in accordance with the standard unit of weight, measure or numeration

Prohibition of quotations, etc, otherwise than in terms of standard units of weights measures of numeration
 

CHAPTER III

Approval of models

 
Approval at models

36. (1) Save as otherwise provided in this section, this Chapter shall not apply to-

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

(e) any weighing or measuring instrument or device which is made or manufactured exclusively for demestic use;

Provided that such instrument or device is not intended for the use of any member of the medical profession in the course of such profession.

(7) The central Government may, if it is satisfied after considering the report submitted to it by the prescribed authority that the aforesaid model is in conformity with the provisions of this Act or any rule made thereunder and is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions, issue a certificate of approval in respect of that model.

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

 
 

CHAPTER IV

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

 
Quantities and origin of commodities in packaged form to be declared

39. (1) No person shall -

(iv) the unit sale price of the commodity in the package; and

(v) the unit sale price of the package.

Explanation. - In this sub-section, the expression "unit price" means the price according to such unit of weight, measure or number as may be prescribed.

(2) Every package to which this Part applies shall bear thereon the name of the manufacturer and also of the packer or distributor.

 
 

CHAPTER V

Verification and stamping of weights and measures sent from one. State to another

 
Definitions.

40. In this Chapter, unless the context otherwise requires,-

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

(b) "Inspector" means the person appointed as such by the State Government under the state law;

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

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

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

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

 
 

41. (1) Where any weight or measure, sent from a transferor State for delivery, sale or use in a transferee State, is such that

(a) it is not required to be dismantled before its despatch to the transferee State and is not likely to lose its accuracy by reason of such despatch, it shall be known for the purposes of this Chapter, as a weight or measure of the first category,

(b) it is required to be dismantled before its despatch to the transferee State and re-assembled and installed for use in the transferee State, it shall be known, for the purposes of this chapter, as a weight or measure of the second category.

(2) Subject to the provisions of sub-section (1), the Central Government may specify, by rules made in this behalf, the classes of weights or measures which would fall in the first category or the second category, and may from time, if the circumstances so require, alter the category in which any class of weight or measure has been specified.

(3) Weight or measure of the first category shall, before it is despatched to any transferee State, be produced before the local Inspector in the transferor State and if such Inspector is, after verification of such weight or measure, satisfied that such weight or measure conforms to the standards established by or under this Act, stamp the same with such special seal as may be specified by rules made under this Act.

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

(5) The fees for the verification and stamping or every weight or measure of -

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

(b) the second category shall be levied and collected by the transferee state.

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

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

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

Verification and stamping or weights and measures sent from one State to another
 

42. (1) Every weight or measure of the first category which is stamped with the special seal referred to in sub-section (3) of section 41 shall be presumed to be correct throughout the territory of India and shall not be required, until its re-verification in the transferee State becomes due by efflux of time, to be verified or stamped in the transferee State:

Provided that where the local Inspector in the transferee State has any reason to believe that any weight or measure of the first category has lost its accuracy in transit or has, for any other reason, ceased to conform to the standards of weight or measure established by or under this Act, he may, for reasons to be recorded by him in writing, and communicated to the controller of the transferor State, through the controller of the transferee State.-

(a) verify such weight or measure; and

(b) if, on verification, such weight or measure is found to be inaccurate,-

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

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

Provided further that where any verification, adjustment or obliteration is made in exercise of the powers conferred by the foregoing proviso, no fee shall be charged for such verification, adjustment or obliteration.

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

Weight or measure of the first category to be presumed to be correct throughout the territory of India
Weight or measure of the first category not to be sold or used in any State unless it is stamped in the transferor State
43. No weight or measure of the first category shall be used, sold, purchased, delivered or otherwise transferred in any transferee State unless such weight or measure bears thereon the stamp made with the special seal referred to in sub-section (3) of section 41.
 
Weights or measures of the second category received from translator State in be preduced before the local Inspector of the transferee State.

44. (1) Every person in a transferee State who receives or delivers for sale or use therein any weight or measure of the second category shall, after its re-assembly and installation for use, have such weight or measure verified and stamped by the local Inspector in the transferee State.

(2) The local Inspector in the transferee State shall verify every weight or measure of the second category and shall if he is satisfied that such weight or measure conforms to the standards established by or under this Act, stamp the same with the seal prescribed by or under the State Law in force in the transferee State.

(3) For the avoidance of doubt, it is hereby declared that where any weight or measure of the second category is delivered or received in a State from any other State not for the purpose of sale or use therein but for the transmission of such weight or measure to any other State, then, such other State shall be deemed, for the purpose of this Chapter, to be the transferee State in relation to such weight or measure and the provisions of sub-section (1) and sub-section (2) shall apply accordingly.

 

 
Procedure when any weight or measure is transferred from a transferee State to another State
45. Where any weight or measure, 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 State shall also be deemed to be the transferee State in relation to such weight or measure and the provisions of this chapter shall, so far as may be, apply to the weight or measure sent to, or delivered in, such other State.
 
Manufacturers, etc., who sent any weight or measure to any other State to submit return to the Controller

46. Every manufacturer, dealer or other person in a transferor State, who sends to, or delivers in, any transferee State any weight or measure, whether of the first or of the second category; shall -

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

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

(c) forward a copy of such periodical returns to the Controller of the transferee State.

 
 

PART V

IMPORT AND EXPORT OF WEIGHTS AND MEASURES

CHAPTER I

Registration of exporters and importers

 
 

47. (1)

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

Persons exporting or importing any weight or measure in get themselves
 

CHAPTER II

Export and import of weights. measures and commodities in packaged form

 
 

48. (1) Subject to such conditions, limitations and restrictions as may be prescribed, the Central Government may allow the export of any weight or measure which has been made or manufactured exclusively for export with the previous permission of that Government notwithstanding that such weight or measure does not conform to the standards established by or under this Act.

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

Conditions under which export of non-standard weights and measures and other goods may be made
 

PART VI

OFFENCES AND THEIR TRIAL

 
 

50. Whoever uses any weight or measure or makes any numeration otherwise than in accordance with the standards of weight or measure or the standards 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, for the second or subsequent, offence, with imprisonment for a term which may extend to two years and also with fine,

Penalty for use of non-standard weights or measures
 
51. Whoever tampers with, or alters, in any way, any reference standard, secondary standard, or working standard except where such alteration is made for the correction of any error noticed therein on verification, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both.
Penalty for contravention of section 18
 
52. Except where any weight or measure is made or manufactured, with the permission of the Central Government, exclusively for export, every person who makes or manufactures any weight or measure which does not conform to the standards of weight or measure establish by or under this Act, shall, where such offence is not punishable under any other law relating to weights and measures for the time being in force, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and, for the second or subsequent offence with imprisonment for a term which may extend to three years and also with fine.
Penalty for contravention of section 22
 
53. Except where any weight or measure is made or manufactured, with the permission of the Central Government, exclusively for export, every person who makes or manufactures any weight or measure which hears thereon any inscription of weight, measure or number which does not conform to the standards of weight of measure or numeration established by or under this Act, shall, where such offence is not punishable under any other law relating to weights and measures for the time being in force, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.
Penalty for contravention of section 23
Penalty for contravention of section 32.
55. Whoever in the course of any inter-State trade or commerce, makes any transaction, deal or contract in contravention of the provisions of section 32 shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.
 
Penalty for contravention of section 33.
56. Whoever, in the course of any inter-State trade or commerce, contravenes the provisions of section 33 shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.
 
Penalty for contravention of section 34.

57. Whoever, in the course of any inter-State trade or commerce,-

(i) sells, delivers, or causes to be sold or 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, measure or number, less than the service contracted for or paid for: or

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

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

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

 
Penalty for contravention of section 35.
58. Whoever being required by or under this Act so to do, without any reasonable excuse, omits or fails to maintain any record or register, or being required by the Director or the authorised officer, to produce any record or register for his inspection, omits or fails, without any reasonable excuse, so to do, shall be punished with fine which may extend to one thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine.
 
Penalty for contravention of section 36
59. Whoever, being required by section 36 to submit the model of any weight or measure for approval, omits, or fails, without any reasonable excuse, so to do, shall be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine.
 
Penalty for manufacture of weights or measures unless approval of model is in force

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

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

 
 
61. Whoever makes or manufactures any weight or measure without complying with the requirements of section 38 shall be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and with fine.
Penalty for contravention of section 38
 
62. whoever, in the course of inter-State trade or commerce, sells, distributes delivers or otherwise transfers any weight or measure which does not conform to the standards of weight and measure established by or under this Act or which has not been duly verified under any other law relating to weights and measures for the time being in force, shall be punished with fine which may extend to ten thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to seven years and also with fine.
Penalty for sale, etc., or unverified weights or measures in the course of inter-State trade or commerce
 
63. Whoever, in the course of inter-State trade or commerce, sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred any commodity in a packaged from which does not conform to the provisions of this Act or any rule made thereunder, shall be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine.
Penalty for contravention of section 39.
 
64. whoever exports or imports any weight or measure without being registered under this Act shall be punished with fine which may extend to one thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine.
Penalty for contravention of section 47
 
65. Every person who exports any weight or measure or commodity in packaged form which does not conform to the standards of weight or measure established by or under this Act shall, except where such export has been made with the previous approval of the Central Government, be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence with imprisonment for a term which may extend to five years and also with fine.
Penalty for contravention of section 48
 
66. Whoever contravenes, without any reasonable excuse, the provisions of section 49, shall be punished with fine which may extend to five thousand rupees, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine.
Penalty for contravention of section 49
 
67. Whoever contravenes any provisions of this Act for the contravention of which no punishment has been separately provided in any of the provisions of this Act, shall be punished with fine which may extend to two thousand rupees.
Penalty where no specific penalty is provided
 

70. (1) whoever gives information to the Director or the authorised officer which he may require or ask for in the course of his duty and which person either knows or has reason to believe to be false 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,

(2) Whoever, being required by or under this Act so to do, submits a return which is false in material particulars, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

Penalty for giving false information of false returns
 

71. (1) An authorised officer who knows that there are no reasonable grounds for so doing, and yet -

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

(b) searches any person; or

(c) seizes any weight, measure or other movable property,

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

(2) If local Inspector, as defined in section 40, -

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

(b) without any reasonable cause obliterates any stamp on any such weight or measure.

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

Vexations actions
Compounding of offences.

73.(1) Any offence punishable under section 50, section 55, section 57, section 58, section 59, section 60, section 63 section 64, section 65, section 66 or section 67 may, either before or after the institution of the prosecution, be compounded by the Director or such other officer as may be specially authorised by him in this behalf, on payment for credit to the Government of such sum as the Director or such other officer may specify:

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

(3) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be discharged forthwith.

 
Offences by companies and power of court to publish name, place of business, etc, of companies convicted

74. (1) If an offence under this Act is committed by a company, every person who, at the time the offence was committed was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company shall be deemded to be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

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

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

 
 

PART VII

TRAINING INSTITUTE

 
Establishment of a training Institute and provisions for training thereat

76.(1) * * *

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

 
 

PART VIII

MISCELLANEOUS

 
 
78. The Central Government shall make, or cause to be made, such surveys and collect, or cause to be collected, such statistics as it may consider necessary with a view to ascertaining the extent to which any standard of weight, measure or numeration established by or under this Act has been implemented in any area or in relation to any class of undertakings, users or goods and it shall be the duty of every person using weight or measure or making any numeration to render such assistance as the person making such survey or collecting such statistics may require.
Survey and statistics
 
81. (1) Subject to the provisions of sub-section (2), any person aggrieved by an order made under section 30 or section 36 may prefer an appeal against such order to the Director. or where the order has been made by the Director, to the Central Government.
Appeals
 

82. (1) The Central Government may, by rules made under section 83, specify such fees, not exceeding-

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

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

(c) five thousand rupees, for the verification and stamping of a weight or measure of the second category, within the meaning of section 41;

(d) one rupee for every 100 words or less, for the grant of copies of any document. not being a document of a confidential nature;

(e) ten rupees, for the registration of exporters of importers of weights and measure;

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

(2) No. approval, verification or stamping shall be made, copy granted, registration made or appeal entertained unless the fee prescribed therefore under sub-section (1) has been paid

levy of fees.
 

83.(1) * * *

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

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

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

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

(w) the special seal by which weights or measures of the first category shall be stamped:

(x) periodical returns to be submitted by every manufacturer dealer or other person in a transfer or State.

RAJYA SABHA

___

BILL

Further to amend the Standards of Weights and Measures Act, 1976.

____

 

(Shri Sharad Power, Minister of Agriculture, (Consumer
Affairs, food and Public distribution)

Power to make rules

 

 

 

 

 

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