45. (2) Nothing in sub-section (1) shall be deemed to empower the Central Government to issue any notification in respect of any weight or measure which was not in use in the State of Sikkim immediately before the commencement of this Act. (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 intre-State trade or commerce. (2) The definition of 'candela' shall be prescribed. (2) The definition of ampere shall be prescribed. (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 marks 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. An Act for legalising and preserving the restored Standards of Weights and Measures The 1834 burning of Parliament had destroyed the physical standards referred to in earlier statues; the 1835 act ignored this fact. (1) The base unit of thermodynamic temperature shall be the kelvin. (d) 'Director' means the Director of Legal Metrology appointed under section ......; (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 made 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 des Poids et Measures established under the Convention du 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 Sevres in France. 83. An Act to establish standards of weightsand measures, to regulate inter-State trade or commerce in weights, measuresand other good which are sold or distributed by weight, measure or number, andto provide for matters connected therewith or incidental thereto. (2) Where any commodity in packaged form is exported and the person to whom such export is to be made so requires, the exporter may, in addition to specifying the net contents of such package in terms of the standards unit of weight or measure established by or under this Act, also specify the weight or the net contents thereof in terms of such units of weight or measure as may be specified by the person to whom such commodity is to be exported. (1) Every weight or measure of the first category which is stamped with the special seal referred to in sub-section (3) of section 40 shall be presumed to correct throughout the territory. 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 of 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. (5) The Central Government shall prescribe the minimum qualifications, which a person shall possess in order to be eligible for admission to the Institute for receiving training thereat and different qualifications may be prescribed for different courses of training imparted at the Institute. No weight or measure of the first category shall be used, sold, purchased, delivered or otherwise transferred in any transferee State unless such weight or measure bears thereon the stamp made with the special seal referred to in sub-section (3) of section 40. 80 (1) No unit of weight, measure or numeration shall, after the commencement of this Act, be stated in any enactment, notification, rule, order, contract, deed or other instrument in terms of any unit of weight, measure or numeration other than that of a standard unit of weight, measure or numeration. 50. 78. (11) If the prescribed authority is of opinion that the substitute material referred to in sub-section (10) is not suitable and that there is available in India any other material which is more. (2) Where any certificate of approval of any model has been revoked by the Central Government, the licence issued by the State Government for the making or manufacturing of any weight or measure in accordance with such model shall stand suspended : Provided that such suspension shall stand vacated if such model is subsequently approved by the Central Government. (1) Every unit of weight or measures shall be based on the units of the metric system. INTER-STATE TRADE OR COMMERCE IN WEIGHT, MEASURE OR OTHER GOODS, 31. Buying and selling is an important part of daily life. The responsibility in relation to weights and measures is shared between the Centre and the State? No dealer or manufacturer shall export or import any weight or measure unless he is registered as exporter or importer, as the case may be. No weight, measure or other goods shall bear thereon any inscription or indication of weight, measure or number except in accordance with the standard unit of such weight, measure or numeration established by or under this Act: Provided that in relation to any weight, measure or other goods which are manufactured for scientific investigation or research or for export, inscription or indication thereon of any weight, measure or number may also be made in accordance with any other system of weight, measure or numeration if such inscription or indication is demanded by the person by whom such scientific investigation or research it to be made or by the person to whom the export is to be made. 6. Explanation.--For the purposes of this clause 'recognized consumer association' means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force; (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 Section 50, Section 52, Section 53, Section 56, Section 58, Section 60, Section 61, Section 63, Section 64, Section 65 or Section 66, may be tried summarily by a Magistrate and no sentence of imprisonment for a term exceeding one year shall be passed in the case of any conviction for an offence which is summarily tried under this section. Every national prototype specified in section 15 and every object or equipment, or both, referred to in section 16, shall be kept in such manner and under such conditions as may be pre- scribed. 66. (1) Before issuing a licence to make a manufacture any weight or measure to which this Part applies, the State Government shall satisfy itself that a certificate of approval of the model of such weight or measure has been granted by the Central Government under section 36. 63. (iv) obtains any service in excess of the service contracted for or paid for. 64. (2) The definition of 'candela' shall be prescribed. (1) The Director, or any person authorised to exercise the powers or discharge the functions of the Director, may, if he has any reason to believe, whether from any information given to him by any person and taken down in writing or from personal knowledge or otherwise, that any weight or measure or other goods in relation to which any inter-State trade or commerce has taken place or is intended to take place and in respect of which an offence punishable under this Act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in the course of transportation from one State to another,--. 32. (b) such additional units as may be recommended by the International Organisation of Legal Metrology, shall be the units of the metric system. (4) The courses and curricular 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. 28. (c) seizes any weight, measure or other moveable property. HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE. (1) The base unit of amount of substance shall be the mole. The Rules also require importers to provide certain basic declarations on imported packages, similar to those for indigenous packages. On receipt of an application, 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 and issue to the applicant a certificate to the effect that his name has been so included and send a copy of the said such exporter or importer is carrying on his business. (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, Where the Central Government is of the opinion that by reason of the size or nature of any secondary standard of working standard referred to in section 25, it is not desirable or prac- ticable 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 this 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. Science and Research Act 19491968 . The Act makes provisions with the object to regulate the trade or commerce by providing standards in relation to the weights and measures. (4) Zero Degree Celsius corresponds to 273.15 kelvin. 79. In exercise of the powers conferred by section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules, namely :- FACT SHEET 41. Whoever, being required by section 36 to submit the model of any weight or measure for approval, omits, or fails, without any reasonable excuse, so to do, shall be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine. Sir, I am a Goldsmith in Punjab. The Standards of Weights and Measures Act,1976. (a) any weight or measure which, being subject to verification and stamping under the State law as in force immediately before the commencement of this Act, is in use at such commencement; (b) any cast iron, brass, bullion, or carat weight or any beam scale, except those specified by rules made in this behalf; (c) length measures (not being measuring tapes) ordinarily used in retail trade for measuring textiles or timber; capacity measures, not exceeding twenty litres in capacity, which ordinarily used in retail trade for measuring kerosene, milk or potable liquors; any weighing or measuring instrument or device which is made or manufactured exclusively for domestic use; Provided that such instrument or device is not intended for the use of any member of the medical profession in the course of such profession. Towards this end, the Rules have been amended to incorporate new specification of automatic rail weighbridges, digital type clinical thermometers, automatic gravimetric filling instruments, Standard Weights for testing higher capacity weighing machines, discontinuous totalising automatic weighing instruments Sphygmomanometer and CNG gas dispensers based on OIML recommendation. SHAPE THIRD SCHEDULE (a) The secondary standard cmpacity measure' of five litre shall be cylindrical and have its inside diametre equal to the height of the measure. Explanation--Calibration may also be carried out with a view to permitting the use of a weight or measure. (4) Subject to the provisions of this Act, every Additional, Joint Deputy or Assistant Director and every 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 Director and shall exercise those Power 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 this Act and not by way of authorisation. (b) hold such seminars, meetings or other gatherings as it may think fit. (4) The statement on a package or label as to the net weight, measure or number of the contents thereof shall not include any expression which tends to quality such weight, measure or number: Provided that the Central Government may, by rules, specify the commodities, the weight or measure of which is likely to increase or decrease beyond the prescribed tolerance limits by reason of climatic variations; and it shall be lawful for the manufacturer or packer of the commodity so specified to quality the statement as to the net content of such commodity by the use of the words 'when packed'. (3) The application referred to in sub-section (2) shall be made to the Director and every such application shall be made in such form, in such manner and on payment of such fees, not ex- ceeding one thousand rupees, as may be prescribed. Explanation--A stamp may be made by impressing, casting engraving, etching, branding, or any other process; (i) any contract, whether for sale, purchase, exchange or any other purpose, or, (ii) any assessment of royalty, toll, duty or other dues, or. (1) The Central Government may, by rules made in this behalf, direct that in respect of the class of goods or undertakings or users specified therein, no transaction, dealing for contract shall be made or had except by such weight, measure or number as may be specified in the said rules. (a) 'Controller' means the person appointed as such by the State Government under the State law; (b) 'Inspector' means the person appointed as such by the State Government under the State law; (c ) 'local Inspector' means as Inspector within the local limits of whose jurisdiction any weight or measure is made, manufactured, received, delivered or kept for sale or use; (d) 'State law' means the law enacted by the Legislature of a State and for the time being in force in that State, with regard to the enforcement of the standards of weight or measure established by or under this Act; (e) 'transferee State' means the State in which any weight or measure is delivered or received for sale or use therein from any other State; (f) 'transferor State' means the State from which any weight or measure made or manufactured therein, or kept therein for sale or use, is sent to, or delivered in any other State. 19. (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. The specifications of measuring instruments used in commercial transaction, industrial production and measurement involved in public health and human safety are given in the Standard of Weights and Measures (General) Rules 1987. of Consumer Affairs, being the central authority for dealing with the subject, is required to handle all the matters falling within the purview of the Central Government. She is currently interning with LatestLaws.com. 51. No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral. (8) Where any delegation of powers is made under sub-section (7), the powers so delegated shall be exercised under the general superintendence, direction and guidance of the Director. (3) For the avoidance of doubt, it is hereby declared that where any weight or measure of the second category is delivered or received in a State from any other State, not for the purpose of sale or use therein but for the transmission of such weight or measure to any other State, then, such other State shall be deemed, for the purposes of this Chapter, to be the transferee State in relation to such weight or measure and the provisions of sub-section (1) and sub-section (2) shall apply accordingly. (3) Where an offence has been compounded under sub-section (1), no proceeding or further proceeding, as the case may be, shall be taken against the offender in respect of the offence so compounded, and the offender, if in custody, shall be discharged forthwith. 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(1) The base unit of amount of substance shall be the mole. 12. 61. (1) The base unit of numeration shall be the unit of the international form of Indian numerals. (c) determining the performance of such models under such varied conditions as may be prescribed. (i) made or manufactured for the purpose of inter-State trade or commerce. (3) The kelvin shall also be used for expressing the interval or difference of temperature. (3) In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to two thousand rupees. 74. Whoever makes or manufactures any weight or measure without complying with the equipments of section 38 shall be punished with fine which may extend to five thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine. (1) The Central Government may, by notification, appoint a Director of Legal Metrology and as many Additional, Joint, Deputy or Assistant Directors 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. 1. The Standard of Weights and Measures Act, 1976 was enacted 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. (b) The measure of 21 and below shall be of the Part I Provisions applicable to every part. Physical representation of standard units, 15. units or standard symbols or definitions as the General Conference on Weights and Measures or the International Organisation of Legal Metrology may recommend. (7) The Central Government may, if it is satisfied after considering the report submitted to it by the prescribed authority that the aforesaid model is in conformity with the provisions of this, Act or any rule made there under and is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions, issue a certificate of approval in. (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. 73. (2) Whoever, without any reasonable excuse, manufactures any weight or measure in accordance with an approved model with any material other than the material approved or recommended by the prescribed authority, shall be punished with imprisonment for a term which may extend to five years and also with fine. Section 2 in The Standards of Weights and Measures Act, 1976. 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 weight, measure or number of the net contents of any package on the package itself or on any label, carton or other thing, or. (2) The definition of 'mole' shall be prescribed. (ii) used, sold, distributed, delivered or otherwise transferred in the course of inter-State trade or commerce; (b) goods which are, or are intended to be, sold, distributed, delivered or otherwise transferred by weight, measure or number in the course of inter-State trade or commerce; (c) every service which is rendered by weight, measure or number in relation to, or in the course of, inter-State trade or commerce. 13. component and on the drawings thereof in terms of the standard unit of weight or measure established by or under this Act. (5) The fees for the verification and stamping of every weight or measure of--. Website Content Managed by Department of Consumer Affairs, Ministry of Consumer Affairs, Food & Public Distribution, Government of India, उपभोक्ता मामले, खाद्य और सार्वजनिक वितरण मंत्रालय, MINISTRY OF CONSUMER AFFAIRS, FOOD & PUBLIC DISTRIBUTION, The Standards of Weights and Measures Act, 1976, The Emblems and Names (Prevention of Improper Use) Act, 1950, The Essential Commodities (Amendment) Act, 2020, The Prevention of Black Marketing and Maintenance of Supplies of Essential Commodities Act, 1980, Sub Group On Price Monitoring And Market Intervention, Revised Scheme for Strengthening of Price Monitoring Cell, Check your 7th CPC Pension Revision Status, The particulars of its organisation, functions & duties, Status Of Receipt And Disposal Of RTI Applications, RTI Application Online Appeals And Reports. (2) The definition of 'kelvin' shall be prescribed. (2) Nothing in sub-section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the first offence, committed by him, was compounded. What is Standards of Weights and Measures Act and What was the objectives? (2) Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director or the authorised person may dispose of such goods in such manner as 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. 1. (1) The base unit of time shall be the second. (2) The management and control of the Institute, which shall vest in the Central Government, shall be carried on in accordance with such regulations as may be made by the Central Government. (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, authorise in this behalf. 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. (1) Every false or unverified weight or measure, and every false package, used in the course of, or in relation to, any inter-State trade or commerce and seized under section 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. On the units of numeration shall be prescribed what is standards of Weights and Measures be prescribed, Gupta! Intensity shall be the metre except as provided by this section in force from 11 October 5. Contravention of the transferee State II Establishment of the International Organisation of Legal Studies, Banasthali University be of packer. Enforcement of the standard numeral the application shall be prescribed and Union Territory Administration are responsible the! 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