Sections Particulars
Preamble
PreambleAn 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...
Chapter I Preliminary
1 Short title, extent and commencement
1. Short title, extent and commencement.- 1.     This Act may be called the Standards of Weights and Measures (Enforcement) Act, 1985.2.     It extends to...
2 Act not to apply to inter-State trade or commerce
2. 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...
3 Definitions
3. Definitions.- In this Act, unless the context otherwise requires,--a.     "Additional Controller" includes a Joint Controller, Deputy Controller and an A...
4 Provisions of this Act to override the provisions of any other law except the Standards Act
4. 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 ...
Chapter II Appointment of Controllers, Inspectors and Other Officers
5 Appointment of Controllers, Inspectors and other officers and staff
Chapter II: Appointment of Controllers, Inspectors and Other Officers5. Appointment of Controllers, Inspectors and other officers and staff.- 1.     The Sta...
6 Power to authorise Inspector to adjust weights or measures
6. 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 writi...
7 Controller and officers appointed under this Act to be public servants
7. Controller and officers appointed under this Act to be public servants.- a.     The Controller and every Additional Controller, and every Inspector, andb....
8 Protection of action taken in good faith
8. Protection of action taken in good faith.- No suit, prosecution or other legal proceeding shall lie against the Controller, any Additional Controller, Ins...
Chapter III General Provisions in Relation to Standard Weights and Measures
9 Prohibition of use of weights and measures other than standard weights and measures
Chapter III: General Provisions in Relation to Standard Weights and Measures9. Prohibition of use of weights and measures other than standard weights and meas...
10 Use of weights only or measures only in certain cases
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 cla...
11 Prohibition of quotations, etc., otherwise than in terms of standard weight or measure
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...
Chapter IV Custody and Verification of Standard Equipments
12 Custody and verification of reference standards
Chapter IV: Custody and Verification of Standard Equipments12. Custody and verification of reference standards.- Every reference standard shall be kept at su...
13 Preparation of secondary and working standards
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 se...
14 Verification, stamping and custody of secondary or working standards
14. Verification, stamping and custody of secondary or working standards.- 1.     Every secondary standard or working standard referred to in section 13, sha...
15 Secondary or working standard which may not be stamped
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 sec...
Chapter V Registration of Users of Weights and Measures
16 Persons using weights or measures for transactions or industrial production or for protection to get themselves registered
Chapter V: Registration of Users of Weights and Measures16. Persons using weights or measures for transactions or industrial production or for protection to ...
17 Procedure of registration
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 indust...
18 Punishment for non-registration
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 a...
Chapter VI Manufacture, Repair or Sale of Weights or Measures
19 Prohibition on the manufacture, repair or sale of weights or measures without licence
Chapter VI: Manufacture, Repair or Sale of Weights or Measures19. Prohibition on the manufacture, repair or sale of weights or measures without licence.- 1.  ...
20 Suspension and cancellation of licence
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, ren...
21 Manufacture of weights or measures
21. Manufacture of weights or measures.- Save as otherwise provided in the Standards Act, no person shall--a.     make or manufacture any weight or measure ...
22 Prohibition of sale or use of unstamped weights or measures
22. Prohibition of sale or use of unstamped weights or measures.- No weight or measure shall be sold, or offered, exposed or possessed for sale, or used or ke...
23 Manufacturer, etc., to maintain records and registers
23. Manufacturer, etc., to maintain records and registers.- 1.     Every maker, manufacturer, repairer or dealer and every person using any weight or measur...
Chapter VII Verification and Stamping of Weights or Measures
24 Verification and stamping of weights or measures
Chapter VII: Verification and Stamping of Weights or Measures 1.     Every person having any weight or measure in his possession, custody or control in circ...
25 Display of certificate of verification
25. Display of certificate of verification.- Every certificate of verification granted under this Act shall be displayed in a conspicuous place in the premis...
26 Validity of weights or measures duly stamped
26. Validity of weights or measures duly stamped.- 1.     A weight or measure which is, or is deemed to be, duly verified and stamped under this Act shall b...
Chapter VIII Inspection, Search, Seizure and Forfeiture
27 Power to inspect
Chapter VIII: Inspection, Search, Seizure and Forfeiture27. Power to inspect.- 1.     An Inspector may, within the local limits of his jurisdiction, inspect...
28 Power of Inspector to require production of weight or measure or records for inspection
28. Power of Inspector to require production of weight or measure or records for inspection.- 1.     An Inspector may, if he has any reasonable cause to bel...
29 Power of Inspector to enter premises
29. Power of Inspector to enter premises.- An Inspector may, if he has any reason to believe, whether from any information given to him by any person and tak...
30 Power to search
30. Power to search.- 1.     Where the Controller has reason to believe that any weight or measure, liable to be seized under this Act, or any document or th...
31 Power of Inspector to seize any weight or measure
31. Power of Inspector to seize any weight or measure.- 1.     An Inspector may seize and detain any weight or measure in relation to which an offence under...
32 Forfeiture
32. Forfeiture.- Every false or unverified weight or measure (other than those referred to in section 30 of the Standards Act) seized under the provisions of ...
Chapter IX Provisions with Regard to the Sale and Distribution of Commodities in Packaged Form within the State
33 Provisions of the Standards Act and the rules made there under relating to commodities in packaged form to apply to commodities in packaged form sold or distributed within the State
Chapter IX: Provisions With Regard to the Sale and Distribution of Commodities in Packaged Form within the State 33. Provisions of the Standards Act and the ...
Chapter X Provisions with Regard to any Custom or Usage Relating to The Sale of Any Commodity, Whether by Quantity or Number, and Sale of Commodities by Heapse
34 Custom or usage requiring delivery of additional quantities to cease
Chapter X: Provisions with Regard to any Custom or Usage Relating to the Sale of any Commodity, Whether by Quantity or Number, and Sale of Commodities by Heap...
35 Sale by heaps
35. Sale by heaps.- 1.     Where any commodity is sold by heaps, the approximate weight, measure or number of the commodity contained in each heap shall be c...
36 Penalty for manufacturing, etc., of non-standard weights or measures
Chapter XI: Offences and Penalties36. Penalty for manufacturing, etc., of non-standard weights or measures.- Whoever--a.     Makes or manufactures, or cause...
37 Penalty for counterfeiting of seals, etc.
37. Penalty for counterfeiting of seals, etc.- 1.     Whoever--              i.        counterfeits any seal specified by or under this Act or the Standard...
38 Penalty for sale or delivery of commodities, etc., by nonstandard weight or measure
38. Penalty for sale or delivery of commodities, etc., by nonstandard weight or measure.- 1.     Except where he is permitted under the Standards Act so to d...
39 Penalty for keeping non-standard weights or measures for use and for other contraventions
1.     Whoever keeps any weight or measure other than the standard weight or measure in any premises in such circumstances as to indicate that such weight or...
40 Penalty for contravention of section 10
40. Penalty for contravention of section 10.- Whoever, in relation to any specified class of goods, services, undertakings or users of weights or measures, u...
41 Penalty for contravention of section 11
Except where he is permitted under the Standards Act so to do, whoever, in relation to any goods or things which are sold, transferred, distributed or delive...
42 Penalty for contravention of section 19
42. Penalty for contravention of section 19.- Whoever, being required to obtain a licence under this Act, makes, manufactures, repairs or sells or offers, ex...
43 Penalty for contravention of section 20
43. Penalty for contravention of section 20.- A licensee who after the suspension or cancellation of the licence issued to him or renewed or continued under ...
44 Penalty for contravention of section 21
44. Penalty for contravention of section 21.- Except where he is permitted under the Standards Act so to do, whoever makes or manufactures any weight or meas...
45 Penalty for contravention of section 22
45. Penalty for contravention of section 22.- Whoever,--a.     sells, offers, exposes or possesses for sale, any weight or measure which has not been verifi...
46 Penalty for contravention of section 23
46. Penalty for contravention of section 23.- Whoever, being required by section 23 to maintain any record or register, omits or fails to do so, or being req...
47 Penalty for contravention of section 24
47. Penalty for contravention of section 24.- Whoever, being required by section 24 to present any weight or measure for verification or re-verification, omi...
48 Penalty for contravention of section 28
48. Penalty for contravention of section 28.- Whoever, being required by an Inspector, or any person authorised by or under this Act to exercise the powers o...
49 Penalty for contravention of section 29
49. Penalty for contravention of section 29.- Whoever obstructs the entry of an Inspector, or any person authorised by or under this Act to exercise the powe...
50 Penalty for contravention of sections 30 and 31
50. Penalty for contravention of sections 30 and 31.- Whoever prevents the Controller or any officer authorised by the Controller in this behalf, from search...
51 Penalty for contravention of section 33
51. Penalty for contravention of section 33.- 1.     Whoever manufactures, distributes, packs, sells or keeps for sale or offers or exposes for sale, or has...
52 Penalty for contravention of section 35
52. Penalty for contravention of section 35.- Whoever sells any commodity by heaps without complying with the provisions of section 35, shall be punished wit...
53 Penalty for tampering with licence
53. Penalty for tampering with licence.- Whoever alters or otherwise tampers with any licence issued or renewed under this Act or any rule made there under, ...
54 Penalty for selling or delivering rejected weights and measures
54. Penalty for selling or delivering rejected weights and measures.- Whoever sells, delivers or disposes of, or causes to be sold, delivered or disposed of, ...
55 Penalty for personation of officials
55. Penalty for personation of officials.- Whoever personates in any way the Controller, Additional Controller or an Inspector or any other officer authorise...
56 Penalty for giving false information or maintaining false records or registers
56. Penalty for giving false information or maintaining false records or registers.- 1.     Whoever gives information to a Controller, Additional Controller ...
57 Wilful verification or disclosure in contravention of Law
57. Wilful verification or disclosure in contravention of Law.- 1.     If any Inspector or any other officer exercising powers under this Act or any rule ma...
58 Vexatious search
58. Vexatious search.- An Inspector or any other officer exercising powers under this Act or any rule or order made there under who knows that there are no r...
59 Penalty for contraventions not separately provided for
59. Penalty for contraventions not separately provided for.- Whoever contravenes any provision of this Act for the contravention of which no punishment has be...
60 Presumption to be made in certain cases
60. Presumption to be made in certain cases.- 1.     If any person--a.     makes or manufactures, or causes to be made or manufactured, any false weight or ...
61 When employer to be deemed to have abetted an offence
1.     Any employer, who knows or has reason to believe that any person employed by him has, in the course of such employment, contravened any provision of ...
62 Offences by companies
62. Offences by companies.- 1.     If the person committing an offence under this Act is a company, every person who, at the time the offence was committed,...
63 Cognizance of offences
63. Cognizance of offences.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),a.     No court shall take cognizance of...
64 Summary trial of certain offences
64. Summary trial of certain offences.- Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), an offence punishable under s...
65 Compounding of offences
65. Compounding of offences.- 1.     Any offence punishable under section 39, section 40, section 41, section 42, section 44, section 45, section 46, sectio...
66 Provisions of Indian Penal Code (45 of 1860) not to apply to any offence under this Act
66. Provisions of Indian Penal Code (45 of 1860) not to apply to any offence under this Act.- The provisions of the Indian Penal Code, in so far as such provi...
Chapter XI Miscellaneous
67 Transfer or transmission of business
Chapter XII: Miscellaneous67. Transfer or transmission of business.- 1.     Where the business of a person licensed under this Act is transmitted by success...
68 Licences neither saleable nor transferable
68. Licences neither saleable nor transferable.- A licence issued or renewed under this Act shall not be saleable or otherwise transferable....
69 Appeals
69. Appeals.- 1.     Subject to the provisions of sub-section (2), an appeal shall lie--a.     from every decision given or order made under Chapter V, Chapt...
70 Levy of fees
70. Levy of fees.- The State Government may, by rules made under section 72, levy such fees, not exceeding--a.     five hundred rupees, for the application f...
71 Delegation of powers
71. Delegation of powers.- 1.     The State Government may, by notification, direct that any power exercisable by it under this Act or any rule made there u...
72 Power to make rules
1.     The State Government may, by notification and after consultation with the Central Government, make rules to carry out the provisions of this Act.2.  ...
73 Power of State Government to make provisions of the Standards Act relating to approval of models applicable to models of weights or measures intended to be used exclusively within the State
73. Power of State Government to make provisions of the Standards Act relating to approval of models applicable to models of weights or measures intended to b...
74 Act not to apply in certain cases
74. Act not to apply in certain cases.- The provisions of this Act, in so far as they relate to the verification and stamping of weights and measures, shall ...
75 Repeal and savings
75. Repeal and savings.- 1.     On the commencement of any provision of this Act in a State, the corresponding provision of any law in force for the time be...
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