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STANDARDS OF WEIGHTS AND MEASURES ACT, 1976
60 of 1976
8th April, 1976
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 Be It enacted by Parliament in the Twenty-seventh Year of the Republic of India as follows :
PART 01: PROVISIONS APPLICABLE TO EVERY PART
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Standards of Weights and Measures Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification, appoint, and different dates may be appointed for different,-
(a) provisions of this Act,
(b) areas,
(c) classes of undertakings,
(d) classes of goods,
(e) classes of weights and measures, or
(f) classes of uses of weights and measures, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming Into force of that provision in such area or In respect of such classes of undertakings, goods, weights and measures or users of weights and measures in relation to which this Act has been brought into force:
Provided that the provisions of this Act (including the standards established by or under this Act) shall come into force in the State of Sikkim on such date, not being later than five years from the passing of this Act as the Central Government may, by notification appoint, and different dates may be appointed for different provisions of this Act or for different area or for different classes of undertakings or for different classes of goods, or for different classes of weights and measures or for different classes of users of weights and measures.
SECTION 02: DEFINITIONS
-In this Act, unless the context otherwise requires,-
(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 gaugemarks or scale-marks of a weight or measure, or in some cases, of certain principal marks only, in relation to the corresponding values of the quantity to be measured.
(b) 'commodity in package form' means commodity packaged, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale, whether wholesale or retail;
(c) 'dealer', in relation to any weight or measure, means a person who, or a firm or a Hindu undivided family which, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes,-
(i) a commission agent who carries on such business on behalf of any principal,
(ii) an importer who sells, supplies, distributes or otherwise delivers any weight or measure to any user, manufacturer, repairer, consumer or any other person, but does not include a manufacturer who sells, supplies, distributes or otherwise delivers any weight or measure to any person or category of persons referred to in this clause.
(d) 'Director' means the Director of Legal Metrology appointed under Sec. 28-;
(e) 'export' with its grammatical variations and cognate expressions, means taking out of India to a place outside India;
(f) 'false package' means any package which does not conform to the provisions of this Act or any rule or order there under in relation to such package;
(g) 'false weight or measure' means any weight or measure which does not conform to the standards established by or under this Act in relation to that weight or measure;
(h) 'General Conference on Weights and Measures' means the Conference General das Poids etc Measures established under the Convention Metre:
(i) 'import', with its grammatical variations and cognate expressions, means bringing into India from a place outside India:
(J) International Bureau of Weights and Measures' means the Bureau International des Poids et Measures, established under the Convention du Metre, at Serves in France;
(k) International Organization of Legal Metrology' means the Organization Internationale de Metrologie Legate established under the Convention Instituante Une Organization Internationale de Metrologie Leqale;
(l) International prototype of the kilogram' means the prototype sanctioned by the First General Conference on Weights and Measures held in Paris in 1889, and deposited at the International Bureau of Weights and Measures;
(m) 'inter-State trade or commerce', in relation to any weight or measure or other goods which are bought, sold, supplied, distributed or delivered by weight, measure or number, means the purchase, sale, supply, distribution or delivery which,-
(i) occasions the movement of such weight, measure or other goods from one State to another, or (ii) is effected by a transfer of documents of title to such weight, measure or other goods during its movement from one State to another.
(n) label' means any written, marked, stamped, printed, or graphic matter affixed to, or appearing upon, any commodity or package containing any commodity:
(o) 'manufacture', 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.
(p) 'notification' means a notification published in the Official Gazette;
(q) 'person' includes,-
(i) every department or office,
(ii) every organization established or constituted by Government,
(iii) every local authority within the territory of India.
(iv) every co-operative society,
(v) every other society registered under the Societies Registration Act, 1860 (21 of 1860);
(r) 'premises' includes,-
(i) a place where any business, industry, production or trade is carried on by a person, whether by himself or through an agent, by whatever name called,
(ii) a warehouse, godown or other place where any weight, measure or other goods are stored or exhibited,
(iii) a place where any books of account or other documents pertaining to any trade or transaction are kept,
(iv) a dwelling-house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade.
(s) 'prescribed' means prescribed by rules made under this Act and 'prescribed authority' means such authority as may be specified by such rules;
(t) 'reference standard' means the set of standard weight or measure which is made or manufactured by or on behalf of the Central Government for the verification of any secondary standard;
(u) 'repairer' includes a person who adjusts, cleans, lubricates or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or measure conforms to the standards established by or under this Act;
(v) 'sale', with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other goods by one person to another for cash or for deferred payment or for any other valuable consideration, and includes a transfer of any weight, measure or other goods on the hire-purchase system or any other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods;
(w) 'seal' means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp;
(x) 'secondary standard' means the set of standard weight or measure which is made or manufactured by or on behalf of the Central or State Government for the verification of any working standard;
(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.
(z) 'transaction' means-
(i) any contract, whether for sale, purchase, exchange or any other purpose, or
(ii) any assessment of royalty, duty or other dues, or
(iii) the assessment of any work done, wages due or services rendered;
(z-a) 'unverified weight or measure' means a weight or measure which, being required to be verified and stamped under this Act, has not been so verified and stamped;
(z-b) 'verification', with its grammatical variations and cognate expressions, includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure conforms to the standards established by or under this Act, and also includes re-verification and calibration;
(z-c) 'weighing or measuring instrument' means any object, instrument, apparatus or device, or any combination thereof, which is, or is intended to be, used, exclusively or additionally, for the purpose of making any weighment or measurement, and includes any appliance, accessory or part associated with any such object, instrument, apparatus or device;
(z-d) 'weight or measure' means a weight or measure specified by or under this Act, and includes a weighing or measuring instrument;
(z-e) 'working standard' means the set of standard weight or measure which is made or manufactured by or on behalf of Government for the verification of any standard weight or measure, other than a national prototype or national reference or secondary standard.
SECTION 03: PROVISIONS OF THIS ACT TO OVERRIDE THE PROVISIONS OF ANY OTHER LAW
-The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act.
PART 02: ESTABLISHMENT OF STANDARDS OF WEIGHTS AND MEASURES
CHAPTER 01: STANDARD UNITS
SECTION 04: UNITS OF WEIGHT OR MEASURE TO BE BASED ON METRIC SYSTEM
(1)Every unit of weight or measure shall be based on the units of the metric system.
(2) For the purpose of sub-section (1),-
(a) the international system of units as recommended by the Central Conference on Weights and Measures, and
(b) such additional units as may be recommended by the International Organization of Legal Metrology, shall be the units of the metric system.
SECTION 05: BASE UNIT OF LENGTH
(1) The base unit of length shall be the metre.
(2) The 'metre' is the length equal to 1650763.73 wave lengths in vacuum of the radiation corresponding to the transition between the levels 2p10 and 5d5 of the krypton-86 atom.
SECTION 06: BASE UNIT OF MASS
(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.
SECTION 07: BASE UNIT OF TIME
(1) The base unit of time shall be the second.
(2) The 'second' is the duration of 9 192631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium-133 atom.
SECTION 08: BASE UNIT OF ELECTRIC CURRENT
(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 metre apart in vacuum, would produce between these conductors a force equal to 2.107newton per metre of length.
SECTION 09: BASE UNIT OF THERMODYNAMIC TEMPERATURE
(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.
(5) The degree Celsius may also be used for expressing the interval or difference of temperature, unit degree Celsius being equal to unit kelvin.
SECTION 10: BASE UNIT OF LUMINOUS INTENSITY
(1) The base unit of luminous intensity shall be 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.
SECTION 11: BASE UNIT OF AMOUNT OF SUBSTANCE
(1) The base unit of amount of substance shall be the mole.
(2) The 'mole' is the amount 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 entities shall invariably be specified and may be atoms, molecules, ions, electrons, other particle, or specified groups of such particles.
SECTION 12: SUPPLEMENTARY, DERIVED, SPECIAL AND OTHER UNITS OF WEIGHT OR MEASURE--THEIR SYMBOLS, DEFINITIONS, ETC
(1) The Central Government may, by rules made in this behalf, specify, in relation to the base units of weight or measure, such supplementary, derived, or other units or standard symbols or definitions as the General Conference on Weights and Measures or the International Organization of Legal Metrology may recommend.
(2) The Central Government may, by rules made in this behalf, specify, such multiples and submultiples 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.
(3) The Central Government may, by notification, declare, for such period as it may consider necessary such special units of weight or measure as the General Conference on Weights and Measures or the International Organization of Legal Metrology may recommend.
SECTION 13: BASE UNIT OF NUMERATION
(1) The base unit of numeration shall be the unit of the international form of Indian numerals.
(2) Every numeration shall be made in accordance with the decimal system.
(3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as the Central Government may, after previous publication, specify by rules made in this behalf :
Provided that no such rule shall be made before the expiry of six months from the date on which the draft of the proposed rules was first published in the Official Gazette.
SECTION 14: STANDARD UNIT OF WEIGHT OR MEASURE
(1) The base unit of mass specified in Sec. 6-and base units of measures specified in Sec. 5- and Secs. 7-to 11 (both inclusive) and the supplementary and other units specified by rules made under Sec. 12-, shall be the standard units of weight or measure, as the case may be.
(2) The units of numeration specified by or under Sec. 13-shall be the standard units of numeration.
CHAPTER 02: PHYSICAL REPRESENTATION OF STANDARD UNITS
SECTION 15: NATIONAL PROTOTYPES
(1) For the purpose of deriving the value of the kilogram, the Central Government shall cause to be prepared a national prototype of the kilogram and shall cause its accuracy to be certified by the International Bureau of Weights and Measures In terms of the international prototype of the kilogram and shall deposit the same in such custody and at such place as that Government may think fit.
(2) For the purpose of deriving the value of the metre, the Central Government may cause to be prepared a national prototype of the metre and, where such prototype is caused to be made, shall also cause its accuracy to be certified by the International Bureau of Weights and Measures and deposit the same in such custody and at such place as that Government may think fit.
SECTION 16: NATIONAL STANDARDS
(1) For the purpose of deriving the value of the base units, other than the base unit of mass, the Central Government shall cause to be prepared such objects or equipments, or both, as may be necessary for the purpose and shall cause the accuracy of such objects or equipments, or both, to be certified by the International Bureau of Weights and Measures at such periodical intervals as may be prescribed, and, shall, after such certification deposit such objects or equipments, or both, in such custody and at such place as that Government may think fit.
(2) For the purpose of deriving the value of the supplementary and other units specified under Sec. 12-, the Central Government shall cause to be prepared such objects or equipments, or both as may be necessary for the purpose and shall cause the accuracy of such objects or equipments, or both, to be certified at such periodical Intervals and by such authority as may be prescribed, and, shall, after certification, deposit such objects or equipments, or both, in such custody and at such place as that Government may think fit.
SECTION 17: NATIONAL PROTOTYPE AND NATIONAL STANDARD HOW TO BE KEPT
Every national prototype specified in Sec. 15-and every object or equipment, or both, referred to in Sec. 16-, shall be kept in such manner and under such conditions as may be prescribed.
SECTION 18: REFERENCE, SECONDARY AND WORKING STANDARDS
(1) Every-
(a) reference standard,
(b) secondary standard, and
(c) working standard, shall conform to the standards established by or under this Act and be verified and authenticated at such periodical intervals and in such manner as may be prescribed.
(2) Every reference standard, every secondary standard and every working standard shall be kept in such manner and under such conditions as may be prescribed.
SECTION 19: POWER OF CENTRAL GOVERNMENT TO PRESCRIBE PHYSICAL CHARACTERISTICS, ETC., OF WEIGHTS AND MEASURES
(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 to any weight or measure as it may think fit.
(2) Where it is not reasonably practicable to give effect to any recommendation made by the International Organization of Legal Metrology, the Central Government may make such changes of a minor nature in the recommendation of the International Organization of Legal Metrology as may appear to it to be necessary.
CHAPTER 03: STANDARD WEIGHTS AND MEASURES
SECTION 20: STANDARD WEIGHT OR MEASURE
(1) Any weight or measure which conforms to the standard units of such weight or measure and also conforms to such of the provisions of Secs. 15-to19-(both inclusive) as are applicable to it shall be the standard weight or measure.
(2) Any numeral which conforms to the provisions of Sec. 13-shall be the standard numeral.
SECTION 21: USE OF NON-STANDARD WEIGHT OR MEASURE PROHIBITED
-No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral.
SECTION 22: MANUFACTURE OF NON-STANDARD WEIGHT OR MEASURE PROHIBITED
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 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 scient
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