Except where any weight or measure is made or manufactured, with the permission of the Central Government, exclusively for export, every person who makes or manufactures any weight or measure which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight or 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. (2)Every person who intends to commence or continue business as an exporter or importer of any weight or measure shall make, within such time from the commencement of this Act as may be prescribed, an application for the inclusion of his name in the register to be maintained for the purpose. Write CSS OR LESS and hit save. Similarly, the base unit of numeration is equal to international form of Indian numerals. (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 standard established by or under this Act. (2)The Central Government may, by rules made in this behalf, specify, such multiples and sub-multiples of, and physical constants, and ratios or coefficients in relation to, units of weight or measure as the General Conference on Weights and Measures or the International Organization of Legal Metrology may recommend. (4)No publication under sub-section (3) shall be made until the period for preferring an appeal against-the orders of the Court has expired without any appeal having been preferred, or such an appeal having been preferred has been disposed of. (1) The base unit of thermodynamic temperature shall be the kelvin. 2. 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. The Act makes provisions with the object to regulate the trade or commerce by providing standards in relation to the weights and measures. (4)On receipt of an application referred to in sub-section (2), the Director shall, if he is satisfied after such inquiry as he may think fit, that it is expedient in the public interest so to do, include the name of the applicant in the register referred to in sub-section (2) and issue to the applicant a certificate to the effect that his name has been so included and send a copy of the said certificate to the Controller of Legal Metrology in the State in which such exporter or importer is carrying on his business. (6)The prescribed authority shall submit to the Central Government a detailed report on the performance of the model submitted to it together with its recommendations with regard to the desirability or otherwise of issuing a certificate of approval in respect of that model. 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. Moreover Act provides that other than the standard weight, measures, etc. (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. There are 8 parts of this Act. Standards of Weights and Measures Act, 1976. 60, Sec. (i)A commission agent who carries on such business on behalf of any principal. The Act being one of Parliament short titled as the Standards of Weights and Measures Act, 1976 and has received assent of the President of India on 8th April, 1976. Standards of Weights and Measures Act 1976. by B&B Associates | Aug 18, 2018 | 0 comments. (b)Repairs any weight or measure, to which this Part applies, shall maintain such records and registers as may be prescribed and if required so to do by the Director, shall produce such records and registers before the Director or such other officer as the Director may authorize in this behalf, for inspection. (6)The Central Government and every State Government may depute, in such branches as may be convenient of the Institute, employees of, or above the rank of an Inspector for receiving training at the Institute and the Central Government may also arrange for the training, at the Institute, of such other persons as it may think fit. (a) “Calibration” means all the operations which are necessary for the purpose of determining the values of the errors of a weight or measure and, if necessary, to determine the other metrological properties of such weight or measure, and includes the actual fixing -of the positions of the gauge … For the removal of doubts, it is hereby declared that a manufacturer, who sells, supplies, distributes or otherwise delivers any weight or measure to any person other than a dealer, shall be deemed to be a dealer; (d)“Director” means the Director of Legal Metrology appointed under Sec. are given immunity against legal actions for their actions taken under good faith and in pursuance with the provisions of the Act. Whoever contravenes, without any reasonable excuse, the provisions of Sec. (b)No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act; (c)An offence punishable under Sec. (1) The value expressed in terms of any unit of weight or measure other than in terms of the standard units of weight or measure may be converted into the value expressed in terms of a standard unit of weight or measure at the rate specified in the Schedule. (Act No. 15 and every object or equipment, or both, referred to in Sec. (b) The measure of 21 and below shall be of the 82; (z-d) Any other matter which is required to be, or may be, prescribed. 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 authorized 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. –. (4)No offence under this Act shall be compounded except as provided by this section. (1) Whoever gives information to the Director or the authorized officer which he may require or ask for in the course of his duty and which such 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. In this Act, unless the context otherwise requires, -. Apart from it, the standards of weights and measures act, 1976 provides for establishing standards of weights and measures. (2)Every Additional, Joint, Deputy or Assistant Director and other officer, appointed under sub-section (1), shall exercise such powers, and discharge such functions of the Director as the Central Government may, by notification, authorize in this behalf. Further, the Act says that, certain necessary sets of reference Standards are to be prepared and kept with Central Government for supplying to every State Governments and also for the purpose of this Act the Central Government can keep such reference Standards under its custody. Whoever obstructs the Director or any person authorized to exercise the powers or discharge the functions of the Director (hereafter, in this Part referred to as the “authorized officer”) in the exercise of his powers or discharge of his functions as such Director or authorized officer, or with intent to prevent or deter the Director or such authorized officer from exercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or such authorized officer in the lawful exercise of his powers or discharge of his functions as such, shall be punished with imprisonment for a term which may extend to two years, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years. (iii) Where the commodity is packaged or sold by number, the accurate number of the commodity contained in the package, (iv)The unit sale price of the commodity in the package; and. (b)Without any reasonable cause obliterates any stamp on any such weight or measure. (e)Ten rupees for the registration of exporters or importers of weights and measures; (f) Twenty-five rupees for any appeal preferred under this Act. (12)Where the model of any weight or measure to which this Part applies has been approved, the models of different denominations of such weight or measure shall not require any approval if such denominations are manufactured in accordance with the same principles according to which, and the same materials with which, the approved model has been manufactured. 83, specify such fees, not exceeding. 6 and base units of measures specified in Sec. (9)The Central Government may, by rules, specify the classes of commodities of packages in relation to which all or any of the provisions of this section shall not apply or shall apply with such exceptions or modifications as may be specified therein. The part-III of the Act makes provisions for appointment by the Central Government of Director of legal metrology and Additional, Joint, Deputies or Assistants thereof and other officials or staff as are necessary to exercise powers and perform functions under this Act and they are also given a status of public servants. (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. (1) Every weight or measure of the first category which is stamped with the special seal referred to in sub-section (3) of Sec. All such officials including Directors and their additional and assistants, etc. (1) The base unit of numeration shall be the unit of the international form of Indian numerals. Section 39 in The Standards of Weights and Measures Act, 1976. Part IV Inter-state trade or commerce in weights or measures or other goods. (2)Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director or the authorized person may dispose of such goods in such manner as may be prescribed. the . An Act to amend certain enactments relating to weights and measures; and to make provision for the alleviation of shortages of food and other goods. 13 shall be the standard units of numeration. 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. (4)Every secondary standard or working standard which is not verified and stamped in accordance with the provisions of sub-section (1) or sub-section (2), as the case may be, shall not be deemed to be a secondary standard or working standard and shall not be used as such. To live or not to live in a Live-in Relationship! (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. 41; (c)Five thousand rupees, for the verification and stamping of a weight or measure of the second category, within the meaning of Sec. 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 offences, with imprisonment for a term which may extend to two years and also with fine. (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. at the outset, i will show that the standards of weights and measures act, 1976 is an act which is not at all applicable to any goods other than weights and measures which are intended to be sold or distributed by weight within the state. Similarly, the Act further provides for the packaged commodity intended to be sold in the course of Inter-state trade or commerce. Part II Establishment of standards of weights and measures. Looking to the thrust of the provisions provided under the Act, it appears that the basic … Standards of weights and measures based on the metric system were established in the year 1956 which were revised in the year 1976 with a view to give effect to the international system of units. The basic objective of the SWM(Enf.) (4)The courses and curricula for training at the Institute and the period for which the training may be imparted thereat for each course shall be such as may be prescribed. (2)Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897), with respect to repeals, any notification, rule or order made under the Standards of Weights and Measures Act, 1956 (89 of 1956), shall, if in force, at the commencement of this Act, continue to be in force and have effect as if made under the corresponding provisions of this Act. (2)Where any officer of the Central or State Government charged with the duty of implementing the law relating to weights and measures has any reason to believe that the model of any weight or measure referred to in sub-section (1) requires a test by the prescribed authority, he may acquire one such weight or measure from the market and forward it to the prescribed authority for test, the fees for which shall be payable by the Government employing the officer by whom such weight or measure has been forwarded for test. Is that marriage valid? 55, Sec. 7 to 11 (both inclusive) and the supplementary and other units specified by rules made under Sec. No person shall, in relation to any goods, thing or service to which this Part applies, –, (a) Quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or, (b)Issue or exhibit any price list, invoice, cash memo or other document,or, (c)Prepare or publish any advertisement, poster or other document, or, (d)Indicate the contents of any package either on itself, or on any label, carton or other things, or, (e)Indicate the contents on any container, or. given previously under this Act, no weight, measure or numeral should be used as a standard weight, measure, etc. (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 Organization of Legal Metrology: Provided that where no such recommendations has been made, the Central Government shall prescribe such physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, methods or procedures of tests in relation of any weight or measure as it may think fit.