Back

STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985

STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985

54 of 1985

4th September, 1985

An Act to provide for the enforcement of the standards of weights and measures established by or under the Standards of Weights and Measures Act, 1976, and for matters connected therewith or incidental thereto. Be it enacted by Parliament in the

Thirty-sixth Year of the Republic of India as follows:- Prefatory Note-Statement of

Objects and Reasons.-(1) In 1956, Parliament enacted the Standards of Weights and Measures Act, 1956 (89 of 1956) with a view to replacing the bewildering varieties of weights and measures in use in the country by standards based on the metric system. For the enforcement of these standards, the States enacted laws applicable to their respective territories. (2) The 1956 Act and the corresponding enforcement legislations were based on the then current international practices. Subsequently, the General Conference on Weights and Measures (CGPM), the international body which takes policy decisions on metrological standards, recommended for adoption by the signatories of the Metre Convention, the International System of Units (LS), which is a modernised and developed form of the metric system. Another international body, namely, the International Organisation of Legal Metrology (OIML) recommended a draft legislation on weights and measures for adoption by the member-countries. India being a signatory to both the Metre Convention and the Convention establishing the OIML, is expected to implement the recommendations of these two international bodies. The Central Government, therefore, set up an expert committee to suggest changes in the existing laws with a view to bringing them in line with the latest international trends and also removing the deficiencies which had been revealed in course of their implementation. After going into the matter in depth the committee suggested the replacement of the 1956 Act as well as the enforcement laws of the States. (3) Parliament enacted the Standards of Weights and Measures Act, 1976 (60 of 1976)to replace the Standards of Weights and Measures Act, 1956(89 of 1956), with a view to modernising the system of weights and measures in the country. This new Central Act of 1976 necessitated revision of the enforcement laws of the States. Hence, a draft Bill for a new enforcement legislation was circulated to the State. But only a few States have so far taken action for adoption of the Bill. (4) The enforcement aspect of weights and measures which was earlier in the State List was transferred to the Concurrent List by the Forty-second Amendment to the Constitution. As mentioned above, majority of the States have not taken action for the revision of their enforcement legislations. Consequently, the enactment of a comprehensive legislation for the enforcement of the standards established by the 1976 Act has become an urgent necessity. Further, a Parliamentary law for implementation of the modern system of weights and measures would ensure countrywide uniformity not only in the enforcement procedures but also in the scope and coverage of legal control on weights, measures and weighing and measuring instruments. (5) The Bill not only provides for the enforcement of the standards of weights and measures but also provides for better protection to consumers by ensuring metrological accuracy in commercial transactions, industrial measurements and measurements needed for ensuring public and human safety. In addition, the provisions of the Bill relating to initial verification periodical verification inspection in use, verification after repair and registration of users would go a long way in protecting the interest of the consumers. (6) The main features of the Bill are,- (a) extension of legal control to cover commercial transactions, industrial measurements and measurements involved in ensuring public health and human safety; (b) creation of an effective enforcement machinery in the States ; (c) registration of users of weights and measures which are subject to periodical verification; (d) regulation of manufacture, repair and sale of weights and measures; (e) regulation of packaged commodities sold or distributed in the course of intra- state trade or commerce; (f) regulation of sale of commodities sold by heaps ; and (g) punishment for offences against the proposed legislation.

CHAPTER 01: PRELIMINARY

SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT

(1) This Act may be called the Standards of Weights and Measures (Enforcement) Act, 1985.

(2) It extends to the whole of India.

(3) It shall come into force in a State on such date as the State Government may, by notification, appoint, and different dates may be appointed for different provisions thereof in or in relation to, different-

(a) areas in the State; or

(b) classes of undertakings in the State; or

(d) classes of services rendered in the State; or

(e) classes of weights and measures manufactured, sold, distributed, marketed, transferred, repaired or used in the State; or

(f) classes of users of weights and measures in the State, 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 this Act, or, as the case may be, of that provision, in such areas or in respect of such classes of undertakings, goods, services, classes of weights and measures or classes of users of weights and measures, in relation to which, or whom, this Act has been brought into force

SECTION 02 ACT NOT TO APPLY TO INTER--STATE TRADE OR COMMERCE

Nothing in this Act shall apply to any inter-State trade or commerce in-

(a) any weight or measure, or

(b) any other goods which are sold, delivered or distributed by weight, measure or number

SECTION 03: DEFINITIONS

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

(a) "Additional Controller" includes a Joint Controller, Deputy Controller and an Assistant Controller appointed under Section 5-;

(b) "authorised seal or stamp" means a seal or stamp made under, and in accordance with, the provisions of this Act ;

(d) "counterfeit", in relation to a seal or stamp, means a seal or stamp which is so made as to resemble an authorised seal or stamp, as the case may be, intending by that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.

(e) "heap" means any unit of a commodity for sale where such sale is intended to be made without any weighment or measurement or, where the sale is made by number, without counting the number;

(f) "Inspector" means a person who is appointed as such under section 5-, by whatever name called;

(g) "mint" means a mint of the Central Government;

(h) "notification" means a notification published in the Official Gazette;

(i) "prescribed" means prescribed by rules made under this Act;

(j) "protection" means the utilisation of any weight or measure, or any reading obtained with the help of any weight or measure, for the purpose of determining whether or not any step is required to be taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively;

(k) "Standards Act" means the Standards of Weights and Measures Act, 1976 (60 of 1976)-;

(l) "standard weight or measure" means a weight, measure or number which conforms to the standards established in relation thereto by or under the Standards Act;

(m) "State Act" means the Act enacted by the Legislature of a State for the enforcement of the standards established by or under the Standards of Weights and Measures Act, 1956 (89 of 1956);

(n) "State Government", in relation to a Union territory, means the Administrator thereof;

(o) words and expressions used in this Act and not defined but defined in the Standards Act shall have the meanings respectively assigned to them in that Act

SECTION 04: PROVISIONS OF THIS ACT TO OVERRIDE THE PROVISIONS OF ANY OTHER LAW EXCEPT THE STANDARDS ACT

The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act and the Standards Act or in any instrument having effect by virtue of any enactment other than this Act or the Standards Act.

CHAPTER 02: APPOINTMENT OF CONTROLLERS, INSPECTORS AND OTHER OFFICERS

SECTION 05: APPOINTMENT OF CONTROLLERS, INSPECTORS "AND OTHER OFFICERS AND STAFF

(1) The State Government may, by notification, appoint a Controller of Legal Metrology for the State and as many Additional, Joint, Deputy or Assistant Controllers, Inspectors, and other officers and staff as may be necessary for exercising the powers, and efficiently discharging the duties, conferred or imposed on them by or under this Act or the Standards Act.

(2) Every Additional Controller, Inspector or other officer, appointed under sub-section (1), shall exercise such powers and discharge such functions of the Controller as the State Government may by notification, authorise in this behalf.

(3) The Controller may, by general or special order define the local limits within which each Additional Controller, Inspector or other officer, appointed under sub-section (1), shall exercise his powers and discharge the duties conferred or imposed on him by or under this Act.

(4) Subject to the provisions of this Act, every Additional Controller, Inspector and other officer appointed under sub-section (1), shall exercise his powers and discharge the duties of his office under the general superintendence, direction and control of the Controller and shall exercise those powers and discharge those duties in the same manner and with the same effect as if they had been conferred or imposed on him directly by or under this Act and not by way of authorisation.

(5) The Controller and every Additional Controller and other officer authorised by or under this Act may also-

(a) perform all or any of the functions of; and

(b) exercise all or any of the powers conferred by this Act or any rule or order made there under, on, an Inspector.

SECTION 06: POWER TO AUTHORISE INSPECTOR TO ADJUST WEIGHTS OR MEASURES

Where the Controller is of opinion that it is necessary so to do, he may, by an order in writing, authorise any officer not below the rank of an Inspector, to adjust any weight or measure in any area within the local limits of his jurisdiction.

SECTION 07: CONTROLLER AND OFFICERS APPOINTED UNDER THIS ACT TO BE PUBLIC SERVANTS.

(a) The Controller and every Additional Controller, and every Inspector, and

(b) every other officer authorised by or under this Act to perform any duty, shall be deemed to be a public servant within the meaning of Section 21 of the Indian Penal Code (45 of 1860)-.

SECTION 08: PROTECTION OF ACTION TAKEN IN GOOD FAITH.

-No suit, prosecution or other legal proceeding shall lie against the Controller, any Additional Controller, Inspector or any other person authorised by or under this Act to exercise any power or to perform any duty in respect of anything which is in good faith done or intended to be done under this Act or the Standards Act or any rule or order made under either of the Acts aforesaid.

CHAPTER 03: GENERAL PROVISIONS IN RELATION TO STANDARD WEIGHTS AND MEASURES

SECTION 09: PROHIBITION OF USE OF WEIGHTS AND MEASURES OTHER THAN STANDARD WEIGHTS AND MEASURES

(1) Notwithstanding any custom, usage or method of whatever nature, no weight or measure, other than the standard weight or measure, shall be used or kept in any premises in such circumstances as to indicate that such weight or measure is intended, or is likely to be used, for any weighment or measurement.

(2) On and from the commencement of this Act, no weight, measure or number, other than the standard weight or measure shall be used in, or form the basis of, any contract or other agreement in relation to any trade, commerce, production or protection.

(3) Any contract or other agreement, which contravenes the provisions of sub-section (2) shall be void

SECTION 10: USE OF WEIGHTS ONLY OR MEASURES ONLY IN CERTAIN CASES.

(1) The State Government may, by rules made in this behalf, direct that in respect of the classes of goods, services or undertakings or users specified therein-

(a) no transaction, dealing or contract shall be made or had, or

(b) no industrial production shall be undertaken, or

(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

SECTION 11: PROHIBITION OF QUOTATIONS, ETC., OTHERWISE THAN IN TERMS OF STANDARD WEIGHT OR MEASURE

Except where he is permitted under the Standards Act so to do, no person shall, in relation to any goods or things which are sold, transferred, distributed or delivered, or any service rendered-

(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

(d) indicate the weight, measure or number of the net contents of any package on the package itself or on any label, carton or other thing, or

(e) express, in relation to any transaction, industrial production or protection, any quantity or dimension, otherwise than in accordance with the standard weight or measure.

CHAPTER 04 Custody and verification of standard equipments

SECTION 12: CUSTODY AND VERIFICATION OF REFERENCE STANDARDS

Every reference standard 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, authenticated and maintained in accordance with the rules made under the Standards Act.

SECTION 13: PREPARATION OF SECONDARY AND WORKING STANDARDS

The State Government may cause to be prepared at the metrological wing of the mint at Bombay, as many sets of secondary standards or working standards as it may think necessary: Provided that where the mint intimates the State Government in writing that it is unable to prepare any secondary standard or working standard, that Government may cause such secondary standard or working standard to be prepared by such organisation as the Central Government may, on a reference made to it by the State Government, by notification, specify in this behalf.

SECTION 14: VERIFICATION, STAMPING AND CUSTODY OF SECONDARY OR WORKING STANDARDS

(1) Every secondary standard or working standard referred to in Section 13-, shall conform to the standards established by or under the Standards Act and shall be verified-

(a) in the case of a secondary standard, at any one of the places where reference standards are maintained, against the appropriate reference standard;

(b) in the case of a working standard, at any one of the places where secondary standards are maintained, against the appropriate secondary standard, in such manner and at such periodical intervals as may be specified by or under the Standards Act and shall, if found on such verification to conform to the standards established by or under that Act, be stamped.

(2) Where any secondary standard or working standard, is stamped under sub-section (1), a certificate shall be separately issued showing the date on which such weight or measure was stamped.

(3) Every verification and stamping referred to in sub-section (1) shall be made by such person or authority as may be specified by or under the Standards Act.

(4) A secondary standard or working standard which is not verified and stamped in accordance with the provisions of sub-section (1) and sub- section (3) shall not be deemed to be a secondary standard or working standard, as the case may be, and shall not be used for the verification of any working standard or, as the case may be, for the verification of any weight or measure.

(5) Every verified secondary standard and every verified working standard shall be kept at such place and in such custody as may be prescribed.

SECTION 15: SECONDARY OR WORKING STANDARD WHICH MAY NOT BE STAMPED

(1) Where the State Government is of opinion that by reason of the size or nature of any secondary standard or working standard, it is not desirable or practicable to put a stamp thereon, it may direct that instead of putting a stamp on such secondary standard or working standard, a certificate may be issued to the effect that such secondary standard or working standard conforms to the standards established by or under the Standards Act and every secondary standard or working standard so certified shall be deemed to have been duly stamped under this Act on the date on which such certificate was issued.

(2) Every certificate referred to in sub-section (1) shall be in such form as may be prescribed and shall contain such details as to enable a clear identification of the weight or measure to which it relates.

CHAPTER 05: REGISTRATION OF USERS OF WEIGHTS AND MEASURES

SECTION 16: PERSONS USING WEIGHTS OR MEASURE FOR; TRANSACTIONS OR INDUSTRIAL PRODUCTION OR OF PROTECTION TO GET THEMSELVES REGISTERED

No person, not being an itinerant vendor, shall use any weight or measure in any transaction or for industrial production or for protection unless he is registered in accordance with the provisions of this Chapter.

SECTION 17: PROCEDURE OF REGISTRATION

(1) Every person, who intends to commence, or carry on, the use of any weight or measure in any transaction or for industrial production or for protection, shall make, within such time and containing such particulars as may be prescribed, an application for the inclusion of his name in a register to be maintained for the purpose (hereinafter in this section referred to as the "Register of Users").

(2) The Register of Users 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 Controller or to such other person as the Controller may, by general or special order in writing, authorise in this behalf and every such application shall be made in such form, in such manner and on payment of such fee as may be prescribed.

(4) On receipt of the application referred to in sub-section (1), the Controller or the person authorised by him shall include the name of such person in the Register of Users and issue to the applicant a certificate to the effect that his name has been so included.

(5) A certificate issued under sub-section (4) shall be valid for the period specified therein and may be renewed from time to time for such further period and on payment of such fee as may be prescribed.

SECTION 18: PUNISHMENT FOR NON--REGISTRATION

-Whoever uses, after the expiry of the period prescribed under sub-section (1) of Section 17-, any weight or measure in any transaction or for industrial production or for protection shall, unless he is registered in accordance with the provisions of this Chapter, be punishable with fine which may extend to five hundred rupees, and for the second or subsequent offence, with imprisonment for a term which may extend to six months, or with fine, or with both.

CHAPTER 06: MANUFACTURE, REPAIR OR SALE OF WEIGHTS OR MEASURES

SECTION 19: PROHIBITION ON THE MANUFACTURE, REPAIR OR SALE OF WEIGHTS OR MEASURES WITHOUT LICENCE

(1) No person shall make, manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a valid licence issued in this behalf by the Controller authorising such person to do so: Provided that a person who bona fide repairs any weight or measure owned and possessed by him shall not be required to take out a licence referred to in this sub-section.

(2) Every licence issued under this section- (a) shall be-

(i) in such form,

(ii) issued on payment of such fees, and

(iii) valid for such period. as may be prescribed,

(b) may be renewed from time to time, and

(3) Every licence issued under the State Act shall, if in force immediately before the commencement of this Act, continue to be in force until the expiry of the period of its validity, or until the cancellation thereof, whichever is earlier, and may be renewed under this Act after the expiry of the period of its validity, if an application for such renewal is made in the prescribed form at least one month before the expiry of the period of validity of the licence.

(4) Every person who intends to commence business, after the commencement of this Act, as a maker, manufacturer, repairer or seller of any weight or measure, shall make an application in such form and on payment of such fees as may be prescribed, for the issue of a licence to him, and every licence so issued may be renewed if an application for its renewal, accompanied by such fee as may be prescribed, is made by such person in the prescribed form at least one month before the expiry of the period of its validity.

(5) The Controller may, if he is satisfied that the maker, manufacturer, repairer or seller, as the case may be, of any weight or measure was prevented by sufficient cause from making an application for the renewal of his licence before the expiry of the period of the validity thereof, permit him to make the application within a further period of one month from the date of expiry of the period of such validity, on payment by him of such further fee, not exceeding the fee which is payable for the issue of the licence.

(6) No application for the issue or renewal of a licence shall be rejected unless-

(a) the applicant or, as the case may be, the holder of the licence has been given a reasonable opportunity of showing cause against the proposed action, and

(b) the Controller is satisfied that-

(i) the application has not been made within the time specified in this section, or

(ii) the applicant has made any statement in, or in relation to, the application for the issue or renewal of the licence which is incorrect or false in material particulars, or

(iii) the applicant has contravened any provision of the Standards Act or of any State Act or of this Act or of any rule or order made under the Standards Act, State Act or this Act.

(7) The Controller may require every repairer licensed under this Act to furnish to the State Government security for such sum, not exceeding two hundred rupees, as may be prescribed.

(8) Nothing contained in this section shall apply to the sale by a user (who is not a maker, manufacturer, dealer or repairer) of any weight or measure: Provided that no sale of any weight or measure of the prescribed description shall be made except with the written permission of the Controller.

(9) Every licence issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the licensee carries on his business.

SECTION 20: SUSPENSION AND CANCELLATION OF LICENCE

(1) The Controller may, if he has any reasonable cause to believe that the holder of any licence issued, renewed or continued under this Act has made any statement in, or in relation to, any application for the issue, renewal or continuance of the licence, which is incorrect or false in any material particular or has contravened any provision of the Standards Act or any State Act or this Act or any rule or order made there under, suspend such licence, pending the completion of any inquiry to trial against the holder of such licence: Provided that no such licence shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action: Provided further that where the inquiry or trial referred to in this sub- section is not completed within a period of three months from the date of suspension of a licence, such suspension shall, on the expiry of the period aforesaid, stand vacated.

(2) The Controller may, if he is satisfied, after making such inquiry as he may think fit, that the holder of a licence has made a false or incorrect statement of the nature referred to in sub-section

(1), or has contravened any law or order referred to in that sub-section, cancel such licence: Provided that no such licence shall be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.

(3) Every person whose licence has been suspended shall, immediately after such suspension, stop functioning as such licensee and shall not resume business as such licensee until the order of such suspension has been, or stands, vacated.

+Clients Back

+Lawyers

+Law Students

+Law Schools

Central Act

STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985

Lawyers Network

Users

Cities Serving

Law Schools Network

Law Students Network