(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. 41. … THE WEIGHTS AND MEASURES ACT (31~2 May, 1976.1 PART I. 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 be prescribed. Home » Bare-acts » Standards of Weights and Measures Act 1976, by B&B Associates | Aug 18, 2018 | 0 comments, An Act to establish standards of weights and measures, to regulate inter-State trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number, and to provide for matters connected therewith or incidental thereto. Provisions of Indian Penal Code not to apply to any offence punishable under this Act. (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. or to form the basis of any contract after the commencement of this Act, Continuance of certain weights and measures during transitional period. 1.Short title, extent and commencement. (1) This Act may be called the Standards of Weights and Measures Act, 1956. 56, Sec. Weight or measure to contain number of the approved model, etc.- Every weight or measure to which this Part applies and for which a model has been approved shall bear thereon, in such manner as may be prescribed, the number of the approved model and the number of the certificate by or under which such model was approved: Provided that where the Central Government is of opinion that inclusion of any such particulars on any weight or measure is not possible by reason of its size or nature, that Government may exempt the inclusion of such particulars on such weight or measure. 62. Be it enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows : Part I Provisions Applicable To Every Part, 1. Explanation. Explanation. (5) The prescribed authority shall test the models submitted to it with a view to-. 52. -Where the movement of any such weight, measure or other ‘ goods commences and terminates in the same State, it shall not be deemed to be a movement of such weight, measure or other goods from one State to another merely by reason of the fact that in the course of such movement it passes through the territory of any other State; (n) “Label” means any written, marked, stamped, printed, or graphic matter affixed to, or appearing upon, any commodity or package containing any commodity; (o) “Manufacturer”, in relation to any weight or measure, means a person who, or a firm or a Hindu undivided family which, –. Cognizance of offences, etc.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), –, 1[(a) No Court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing made by-. Explanation I. Vexatious actions. 66 or Sec. –. 65 or Sec. (a) Enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which inter-State trade or commerce has taken place, or is intended to take place, and any record, register or other document relating thereto; (b) Seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offence punishable under this Act has been, or is likely to be, committed in the course of, or in relation to, any inter-State trade or commerce. Preparation and custody of secondary or working standards. (6) Whenever the retail price of a commodity in packaged form to which this chapter applies is stated in any advertisement there shall be included in the advertisement, a conspicuous declaration as to the net quantity or number of the commodity contained in the package and retail unit sale price thereof. 19. (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. – (1) Where any weight or measure, sent from a transferor State for delivery, sale or use in a transferee State, is such that-. 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 to 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, –, (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 t lie standards established by or under this Act, or. 30 or Sec. – 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-. – Whoever personates, in any way, the Director, or any authorized officer, shall be punished with imprisonment for a term which may extend to three years. Penalty for sale, etc. (3) The Central Government shall provide the Institute with such teaching staff and other employees, and with such equipments and other facilities as it may think, to enable the Institute to function effectively as an institution for imparting adequate training in legal metrology and other allied branches of knowledge. (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. Non-metric weight or measure not to be imported. (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. 50. Are you apprehending arrest? 17. (ii) Is effected by a transfer of documents of title to such weight, measure or other goods during its movement from one State to another. Short Title, Extent, Application and Commencement:-These rules may be called the Standards of Weights and Measures (Packaged Commodities) Rules, 1977. to maintain records and registers, License to manufacture weights or measures when to be issued. 25. (1) This Act may be called the Standards of Weights and Measures Act, 1976. 9. Part IV Inter-State Trade Or Commerce In Weight, Measure Or Other Goods Chapter I Applicability Of This Part, 31. – (1) The base unit of length shall be the meter. 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. You just clipped your first slide! (1) Save as otherwise provided in this section, this chapter shall not apply to-. (2) Every numeration shall be made in accordance with the decimal system. Offences by companies and power of Court fee publish name, place of business, etc. Short title, extent and commencement. Secondary or working standard, which may be stamped. 27. (u) The reasonable variations in the net contents of a package commodity which may be caused by the method of packing or ordinary exposure; (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 transferor State: (y) The form and manner in which and the time within which applications for inclusion of’ a name in the register of exporters and importers of weights and measures shall be made; (z) The period for which certificate of registration of an exporter or importer of weights or measures may be renewed; (z-a) The courses and curricula for, and the period of, training at the Institute; (z-b) The minimum qualifications for admission to the Institute: (z-c) the scales in accordance with which fees may be collected under Sec. (5) Where the Central Government has reason to believe that there is undue proliferation of weight, measure or number in which any commodity is, or reasonably comparable commodities are, being packaged for sale, distribution or delivery and such undue proliferation impairs in the opinion of that Government, the reasonable ability of the consumer to make a comparative assessment of the prices after considering the net quantity or number of such commodity, that Government may direct the manufacturers and also packers or distributors to sell, distribute or deliver such commodity in such standard quantities or number as may be prescribed. 67 may, either before or after the institution of the prosecution, be compounded by the Director or such other officer as may be specially authorized by him in this behalf, on payment for credit to the Government of such sum as the Director or such other officer may specify: Provided that such sum shall not, in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded. – No weight or measure shall be made or manufactured unless it conforms to the standards of weight or measure established by or under this Act: Provided that the Central Government may permit the making or manufacturing of any weight or measure which does not conform to the standards established by or under this Act, if such weight or measure is made or manufactured exclusively for the purpose of any scientific investigation or research or for export and is made or manufactured under such conditions and restrictions as may be prescribed. (a) Ascertaining whether such models conform to the standards established by or under this Act; (b) Finding out the ability of such models to maintain accuracy over periods of sustained use; and. Explanation. – Where the Central Government is of opinion that in addition to the training imparted at the Institute, it is necessary to impart to an employee, not below the rank of an Inspector further specialized training which is not provided for at the Institute, it may send such employee to such other place, authority or institution as it may think fit for receiving such specialized training. The Act makes provisions with the object to regulate the trade or commerce by providing standards in relation to the weights and measures. 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