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ORISSA WEIGHTS & MEASURES (DELHI REPEAL) ACT, 1958
ORISSA WEIGHTS & MEASURES (DELHI REPEAL) ACT, 1958
An Act to provide for the repeal of the Orissa Weights and Measures Act, 1943, in its application to the Union territory of Delhi.
BE it enacted by Parliament in the Ninth Year of the Republic of India as follows:-
Statement of Object
Under the Orissa Weights and Measures Act, 1943, as extended to Delhi in 1949 by notification, the standard weights and measures in use are based on the "standard seer", "imperial gallon" and the "yard". The Standards of Weights and Measures Act, 1956 (89 of 1956), passed by Parliament provides for the replacement of the "standard seer", "gallon" and "yard", and their multiples and sub-multiples by corresponding metric units. The Central Act, in so far as it relates to units of weight, has already been brought into force in the Union territory of Delhi with effect from 1st October, 1958, by notification under section 1(3) of that Act. At the same time, the continued use of previous standard weights and measures for a period of two years has been permitted by notification under section 14 of that Act. For the proper enforcement of the new standards of weights and measures several States have passed laws on the subject; one of such Acts is the Rajasthan Weights and Measures (Enforcement) Act, 1958.
2. In these cirumstances, the Orissa Weights and Measures Act, 1943, has become both out-of-date and inadequate for the proper enforcement of weights and measures in Delhi. In the State of Orissa itself this Act has been repealed and replaced by fresh legislation. The object of the present Bill is to provide for the gradual repeal of the Orissa Weights and Measures Act, 1943, on the dates on which the Rajasthan Weights and Measures (Enforcement) Act, 1958, is made applicable to any area in respect of any class of undertakings or goods.
1. Short title.- This Act may be called the Orissa Weights and Measures (Delhi Repeal) Act, 1958.
2. Definitions.- In this Act,-
(a) "Orissa Act" means the Orissa Weights and Measures Act, 1943 (Orissa Act 7 of 1943), as extended to Delhi by notification under section 7 of the Delhi Laws Act, 1912 (13 of 1912);
(b) "Rajasthan Act" means the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Rajasthan Act 32 of 1958), as extended to the Union territory of Delhi by notification under section 2 of the Union Territories (Laws) Act, 1950 (30 of 1950).
3. Repeal of Orissa Act.- On the date on which the Rajasthan Act or any provision contained therein comes into force by virtue of a notification issued under sub-section (3) of section 1 of that Act in the Union territory of Delhi or any Part thereof in respect of any class of undertakings or any class of goods, the Orissa Act or any provision contained therein, which is applicable to those undertakings or goods in the said territory or part thereof, as the case may be, shall stand repealed:
Provided that the repeal shall not affect-
(a) the previous operation of the Act so repealed or anything duly done or suffered thereunder; or
(b) any right, privilege obligation or liability acquired, accrued or incurred under the Act so repealed; or
(c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the Act so repealed; or
(d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, penalty, forfeiture or punishment as aforesaid;
and any such investigation, legal proceeding or remedy may be instituted, continued or enforced and any such penalty, forfeiture or punishment may be imposed, as if that Act had not been repealed.
