Untitled Document
BILL
NO. XXIX OF 2005
THE
STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT)
AMENDMENT BILL, 2005
A
BILL
further
to amend the Standards of Weights and Measures (Enforcement) Act, 1985.
BE
it enacted by Parliament in the Fifty-sixth Year of the Republic of India as
follows :
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1.
(1) This Act may be called the Standards of Weights and Measures (Enforcement)
Amendment Act, 2005.
2. It shall
come into force on such date as the Central Government may, by notification,
appoint. |
Short
title and commencement |
Amendment
of section 5 |
2. In Section
5 of the Standards of Weights and Measures (Enforcement) Act, 1985 (hereinafter
referred to as the principal Act), -
(a) after
sub-section (1), the following sub-section shall be inserted, namely :
"(1A)
The Central Government may, by notification, prescribe the qualification
for being appoint as the Additional, Joint, Deputy and Assistant Controllers
and the Inspectors was sub-section (1)";
(b) in sub-section
(4), the following proviso shall be inserted, namely :
"Provided
that the Controller shall exercise his powers and discharge the duties
of his office subject to such general or special directions, as the Director
may, from time to time, give and such directions shall be binding on the
Controller".
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54
of 198. |
Amendment
of section 10 |
3. In section
10 of the principal Act, -
(a) in sub-section
(1), for the words "State Government", the words "Central
Government" shall be substituted;
(b) after
sub-section (1), the following sub-section shall be inserted, namely :
"(1A)
Notwithstanding anything contained in sub-section (1), the Central Government
may, by rules made in this behalf, direct, in respect of those class of
goods or services or undertakings or users specified therein, that no
transaction, dealing or contract shall be made except by such weighing
or measuring instrument as may be specified in sub rules.";
(c) in sub-section
(2), after the words and figure "sub-section (1)", the words,
figure and letter "or sub-section (1A)" shall be inserted.
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Omission
of section 12 |
4.
Section 12 of the principal Act shall be omitted. |
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Amendment
of section 15 |
5.
In section 15 of the principal Act, in sub-section (1), for the words "Where
the state Government", the words "Where the Central Government"
shall be substituted. |
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Omission
of section 16, 17 and 18, |
6.
Section 16, 17 and 18 of the principal Act shall be omitted. |
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Amendment
of section 19 |
7. In section
19 of the principal Act, -
(a) after
sub-section (1) the following sub-section shall be inserted, namely :
"(1A)
Any licence issued by the Central Government or a State Government to
a manufacturer, -
(a) for selling
the weight or measure manufactured by him;
(b) for repairing
the weight or measure manufactured and sold by him,
shall be
valid throughout the country."
(b) in sub-section
97), for the words "two hundred rupees", the words "one
thousand rupees" shall be substituted;
(c) in sub-section
(8), for the proviso, the following proviso shall be substituted, namely
:
"Provided
that no sale of any weight or measure of the prescribed description not
being a weight or measure for use for domestic purposes, shall be made
except with the written permission of the Controller or any officer authorised
by him in this behalf."
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8.
In section 21 of the principal Act clause (b) shall be omitted. |
Amendment
of section 21 |
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9. For
section 22 of the principal Act, the following section shall be substituted,
namely :
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Substitution
of new section for section 22 |
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"22.
No weight or measure shall be sold or offered, exposed or possessed for
sale in any transaction, or for industrial production or for protection
unless it has been verified and stamped." |
Prohibition
of sale of unstamped weight or measure |
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10. In
section 24 of the Principal Act, -
(a) in sub-section
(1), the following proviso shall be inserted namely :
"Provided
that the verification, of the weight or measure as prescribed under the
Standards Act, shall be made by the special verification agents under
that Act"
(b) in sub-section
(2) for the words "as may be prescribed", the following shall
be substituted, namely :
"as
prescribed under the Standards Act :
Provided
that re-verification, of such weight or measure verified by the special
verification agents under the Standards Act may be made by the agents
at such periodical intervals as prescribed under the Act.";
(c) in sub-section
(3), for the proviso, the following provisos shall be substituted, namely
:
"Provided
that in respect of the weight or measure, as may be prescribed, the Inspector
shall take steps for the verification of such weight or measure at the
place of its location :
Provided
further that the verification of such weight or measure, as prescribed
under the Standards Act, shall be made by the special verification agents
under that Act.";
(d) sub-section
(4), (5) and (6) shall be omitted. |
Amendment
of section 24. |
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11. For
section of the principal Act, the following section shall be substituted,
namely : |
Substitution
of new section for section 25. |
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"25.
(1) Every certificate of verification granted under this Act shall be
displayed in a conspicuous place in the premises where such weight or
measure in being, or is intended likely to be, used in any transaction
or for industrial production or for protection.
(2) Where
any verification has been made under sub-section (3) of section 24 the
Inspector shall grant, to the person referred to in sub-section (1) of
that section, a certificate in the prescribed form indicating therein
the particulars of the weight or measure verified and stamped by him.
(3) Where
the Controller is of opinion that by reason of the size or nature of any
weight or measure, it is not desirable or practicable to put a stamp thereon,
he may, by an order in writing, direct the instead of putting a stamp
on such weight of measure, a certificate may be issued to the effect that
such weight or measure conforms to the standards established by or under
the standards Act and every weight or measure so certificate shall be
deemed to have been duly verified and stamped under this Act on the date
on which such certificate was issued.
(4) Every
certificate referred to in sub-section (3) shall be in such form as may
be prescribed and shall contain such details as to enable a clear identification
of the weight to measure to which it relates." |
Procedure
for verification and display of certificate of verification |
Amendment
of section 27 |
12. In
section 27 of the principal Act, in sub- section (1), the following proviso
shall be inserted, namely :
Provided
that in the case of weight or measure verified and stamped by the special
verification agents under the Standards Act, the Inspector may inspect
only genuineness of such stamping/" |
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Insertion
of new section 31A |
13.After
section 31 of the principal Act, the following section shall be inserted,
namely : |
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Application
of sections 27 to 31 to certain commodities. |
"31A.
The provisions of sections 27, 28, 29, 30 and 31 and 31 shall apply in
relation to pre-packed commodities and commodities sold by number as they
apply in relation to weight or measure referred to in those sections.
Explanation
- For the purposes of this section, "pre-packed commodity" with
its grammatical variations and cognate expression, means a commodity or
article or articles which, without the purchaser being present, is placed
in a package of whatever nature, so that the quantity of the product contained
therein has a pre-determined value and such value cannot be altered without
the package or its lid or cap, s the case may be, being opened or undergoing
a perceptible modification.". |
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Substitution
of new section for section 33 |
14.
For section 33 of the principal Act, the following section shall be substituted,
namely : |
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Provisions
of the Standards Act and the rules made thereunder elating to commodities
in packaged form to apply to commodities in packaged form sold or distributed
within the State |
"33.
The provisions of the Standards Act and the rules made thereunder with regard
to commodities in packaged form shall apply to every such commodity which
is made, manufactured, packed, distributed, sold, or kept, offered or exposed
for sale in the State as if the provisions aforesaid were enacted by, or
made under, this Act subject to the modification that any reference therein
to the "central Government", "Standards Act" and "Director"
shall be construed as referred respectively, to the "State Government",
"this Act" and the "Controller".; |
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15. In
Section 37 of the principal Act, -
(a) for the
marginal heading, the following marginal heading shall be substituted,
namely :
"Penalty
for counterfeiting of seals, fraudulent use of weight or measure, etc.".
(b) in sub-section
(1), -
(i) in clause
(vii), after the words "alters in any way any weight or measure",
the words "or uses any weight or measure fraudulently" shall
be inserted;
(ii) for
the words "imprisonment for a term which shall note be less than
six months but which may extent to two years, and, for the second or subsequent
offence, with imprisonment for a term which shall not be less than one
year but which may extent to five years and also with fine" the words
"fine which may extent to ten thousand rupees, and, for the second
or subsequent offence, with imprisonment for a term which shall not be
less than six months but which may extent to two years" shall be
substitutes;
(c) in sub-sections
(2), (3) and (4), for the words "imprisonment for a term which shall
not be less than six months but which may extent to two years, and, for
the second or subsequent offence, with imprisonment for a terms which
shall not be less than one year but which may extent to five years and
also with fine", wherever they occur, the words "fine which
may extent to ten thousand rupees, and, for the second or subsequent offence,
with imprisonment for a term which shall not be less than six months but
which may extent to two years" shall be substituted. |
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16. In
section 38 of the principal Act, -
(a) for sub-section
(1),
(i) for the
words "five hundred rupees", the words " two thousand rupees"
shall be substituted;
(iii) for
the words, one year and also with fine" the words "one year,
or with fine, or with both' shall be substituted;
(b) in sub-section
(2) -
(i) for the
words "five hundred rupees" the words "two thousand rupees"
shall be substituted;
(ii) for
the words "two thousand rupees" the words "five thousand
rupees" shall be substituted;
(iii) for
the words "one year and also with fine", the words "one
year, or with fine, or with both" shall be substituted.
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Amendment
of section 18 |
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17. In
section 39 of the principal Act, -
(a) sub-section
(2) shall be omitted;
(b) in sub-section
(3),
(i) for the
words "two thousand rupees", the words "ten thousand rupees"
shall be substituted;
(ii) for
the words "one year and also with fine", he words "one
year, or with fine, or with both" shall be substituted. |
Amendment
of section 39 |
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18.
After section 39 of the principal Act, the following section shall be inserted,
namely : |
Insertion
of new section 39A |
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"39A.
Whoever -
(a) in selling
any article or thing by weight, measure or number, delivers or cause to
be delivered t the purchaser any quantity or number of that article or
thing less than the quantity or number contracted for or paid for; or
(b) in rendering
any service by weight, measure or number, renders that service less than
he service contracted for a paid for; or
(c) in buying
any article or thing, by weight, measure or number fraudulently receives,
or causes to be received any quantity or number of that article or thing
in excess of the quantity or number contracted for or paid for; or
(d) in obtaining
any service by weight, measure or number, obtains that service in excess
of the service contracted for or paid for,
shall be
punished with fine which may extend to fifty thousand rupees, and, for
the second or subsequent offence, with imprisonment for a terms which
may extent to one year, or with fine, or with both.
Explanation
- For the removal of doubts, it is hereby declared that the condition
"contracted for a paid for" as required in clause (a) to (d)
shall not apply to any inspection made under Chapter VIII." |
Penalty
for short measurement, etc |
Amendment
of section 40 and 41 |
19.
In sections 40 and 41 of the principal Act, for the words "one year
and also with fine", in both the sections where they occur, the words
"one Year, or with fine, or with both' shall be substituted. |
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Amendment
of section 42 |
20.
In section 42 of the principal Act, for the words "three years and
also with fine" the words "three years, or with fine, or with
both" shall be substituted. |
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Substitution
of new section for section 21 |
21.
For section 44 of the principal Act, the following section shall be substituted,
namely : |
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"44.
Except where he is permitted under the Standards Act so to do, whoever makes
or manufactures any weight or measure which, though ostensibly purports
to conform to the standards established by or under that Act, does not actually
conform to the said standards, shall be punished with imprisonment for a
term which may extent to one year, or with fine which may extent to two
thousand rupees, or with both and, for the second or subsequent offence,
with imprisonment for a term which may extent to three years and also with
fine." |
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Amendment
of section 45. |
22. In
section 45 of the principal Act. -
(a) for the
words, "one thousand rupees" the words "two thousand rupees"
shall be substituted;
(b) for the
words "one year and also with fine", the words "one year,
or with fine or with both" shall be substituted. |
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Amendment
of section 46 |
23. In
section 46 of the principal Act,
(a) for the
words "one thousand rupees" the words"two thousand rupees"
shall be substituted;
(b) for the
words "one year and also with fine", the words "one year,
or with fine, or with both" shall be substituted. |
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Amendment
of Section 47 |
24. In
section 47 of the principal Act, -
(a) for the
words "give hundred rupees", the words "ten thousand rupees"
shall be substituted;
(b) for the
words "one year and also with fine" the words "one year
or with fine or with both" shall be substituted. |
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Amendment
of section 48 |
25. In
section 48 of the principal Act. -
(a) for the
words "one thousand rupees" the words "five thousand rupees"
shall be substituted;
(b) for the
words "one year and also with fine" the words" one year,
or with fine or with both" shall be substituted. |
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Amendment
of section 49 |
26.
In section 49 of the principal Act, after the words "may extent to
two years" the words "or with fine which may extent to five thousand
rupees, or with both" shall be inserted. |
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Amendment
of section 50 |
27.
In section 50 of the principal Act, after the words. "may extent to
two years", the words "or with fine which may extent to ten thousand
rupees", shall be inserted. |
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Amendment
of section 51 |
28. In
section 51 of the principal Act, -
(a) in sub-section
(1), for the words "and, for the second or subsequent offence, with
imprisonment for a term which may extent to five years, and also with
fine", the words" for the third or subsequent offence, with
imprisonment for a term which may extent to five year, or with fine which
may extent to fifty thousand rupees, or with both" shall be substituted;
(b) for sub-section
(2), the following sub-section shall be substituted, namely : -
"(2)
Whoever manufactures or packs, or causes to be manufactured or packed,
any commodity in packaged form lesser in weight, measure or number than
the weight, measure or number as the case may be, stated on the package
or label thereon, or distributes or sells any commodity in packaged form,
lesser in weight, measure or number than the weight, measure or number,
s the case may be, stated on the package or lable thereon, knowingly having
reason to believe that the commodity contained in such package is lesser,
shall be punished with imprisonment for a term which may extent to two
yeas, or with fine which may extent to twenty thousand rupees, or with
both and, for the second or subsequent offence, with imprisonment for
a term which may extent to five years and also with fine." |
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29.
In section 52 of the principal Act, for the words "one thousand rupees",
wherever they occur, the words "five thousand rupees" shall be
substituted. |
Amendment
of section 52 |
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30.
In section 53 of the principal Act, for the words "two thousand rupees",
the words "five thousand rupees" shall be substituted. |
Amendment
of section 53 |
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31.
In section 54 of the principal Act, for the words "two thousand rupees",
the words "ten thousand rupees" shall be substituted. |
Amendment
of section 54 |
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32. In
section 56 of the principal Act, -
(a) in sub-section
(1), for the words "one thousand rupees", the words "ten
thousand rupees" shall be substituted;
(b) in sub-section
(2), for the words "two thousand rupees", the words "ten
thousand rupees" shall be substituted. |
Amendment
of section 56 |
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33.
In section 57 of the principal Act, in sub-section (1) and (2), for the
words "two thousand rupees" wherever they occur, the words 'ten
thousand rupees" shall be substituted. |
Amendment
of section 57 |
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34.
In section 58 of the principal Act, for the words "two thousand rupees",
the words "ten thousand rupees" shall be substituted. |
Amendment
of section 58 |
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35.
In Section 61 of the principal Act, in sub-section (2) for the words "two
thousand rupees",in words "five thousand rupees" shall be
substituted |
Amendment
of section 61 |
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36. In
section 62 of the principal Act, -
(a) sub-section
(1), the following sub-sections shall be substituted, namely :
"(1)
Where an offence under this act has been committed by a company, -
(i) the person,
if any, who has been nominated under sub-section (1A) to be in charge
of, and responsible to, the company for the conduct of the business of
the company (hereafter in this section referred to as the person responsible);
or
(ii) where
no person has been so nomited, every person who at the time the offence
was committed was in charge of and was responsible to, the company for
the conduct of the business of the company; and
the company
- shall be deemed to be guilty of the offence and shall be liable to be
proceeded against and punished accordingly :
Provided
that nothing contained in this sub-section shall render any such person
liable to any punishment provided in this Act if he proves that the offence
was committed without his knowledge and that he exercised all due diligence
to prevent the commission of such offence.
(1A) Any
company may, by order in writing, authorise any of its directors to exercise
all such powers and take all such steps as may be necessary or expedient
to prevent the commission by the company of any offence under this Act
and may give notice to the director or the concerned Controller or any
officer authorised in this behalf by such Controller (hereafter referred
as the authorised officer) in such form and in such manner as may be prescribed,
that he has nominated such director as the person responsible, along with
he written consent of such director for the being so nominated.
Explanation
- Where a company has different establishments or branches of different
units in any establishment or branch, different persons may be nominated
under this sub-section in relation to different establishments or branches
or units and the person nominted in relation to any establishment, branch
or unit shall be deemed to be the person responsible in respect of such
establishment, branch or unit.
(1B) The
person nominated under sub-section (1A) shall, until -
(i) further
notice cancelling such nomination is received from the company by the
director or the concerned Controller or the authorised officer; or
(ii) he ceases
to be a director of the company; or
(iii) he
makes a request in writing to the director or the concerned Controller
or the authorised officer under intimation to the company, to cancel the
nomination (which request shall be complied with by the director or the
concerned Controller or the authorised officer),
whichever
is the earliest, continue to be person responsible;
Provided
that when such person ceases to be a director of the company he shall
intimate the fact of such cesser to the director or the concerned Controller
or the authorised officer :
Provided
further that where such person makes a request under clause (iii), the
director or the concerned Controller or the authorised officer shall not
cancel such nomination with effect from a date earlier than the date on
which the request in made."
(b) in sub-section
(2), -
(i) for the
word, brackets and figure "sub-section (1)", the words "the
foregoing sub-section" shall be substituted;
(ii) after
the words "other officer of the company", the words, brackets,
figure and letter "not being a person nominated under sub-section
(1A)," shall be inserted. |
Amendment
of section 62 |
Amendment
of section 65 |
37. In
section 65 of the principal Act, in sub-section (1) -
(a) for the
word and figures "section 39", the words and figures "section
37, section 38, section 39" shall be substituted;
(b) for the
words "such sum as the Controller or such other officer may specify",
the words "such sum as may be prescribed" shall be substituted, |
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Substitution
of new section for section 70 |
38.
For section 70 of the principal Act, the following section shall be substituted,
namely : - |
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Levy
of fees and collections thereof. |
"70.
(1) The Central Government may, having regard to time and labour that
may be involved, prescribe such fee not exceeding -
(a) two thousand
rupees, for the issue or renewal of the licence for making or manufacturing
of any weight or measure;
(b) one thousand
rupees, for the issue of a licence for repairing or selling of any weight
or measure;
(c) five
hundred rupees, for the alteration of any licence;
(d) ten thousand
rupees one a graded scale, for the verification of any weight or measure;
(e) one hundred
rupees, for the adjustment of any weight or measure;
(f) one hundred
rupees, for the issue of a duplicate licence or certificate of verification;
(g) ten rupees,
for every one hundred words or less, for the grant of copies of any document,
not being a document of a confidential nature;
(h) five
hundred rupees, for any appeal preferred under this Act.
(2) The State
Government shall collect the prescribed fee under this section,".
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Amendment
of section 71 |
39. In
section 71 of the principal Act, -
(a) In sub-section
(1), for the words "State Government", the words "Central
Government" shall be substituted.
(b) In sub-section
(2), for the words "State Government", the words "Central
Government" shall be substituted. |
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40. In
section 72 of the principal Act, -
(a) in Sub-section
(1), for the words "The State Government may, by notification and
after consultation with the Central Government", the words "The
Central Government may, by notification," shall be substituted;
(i) for clause
(a), the following clauses shall be substituted, namely :
"(a)
the qualifications for being appointed as the Additional, Joint Deputy
and Assistant Controller and the Inspectors under section 5;
(aa) the
class of goods, services, undertakings or users, in relation to which
no transaction, dealing or contract or industrial production or use for
protection shall be made or had or undertaken except by such weight, measure
or number or in respect of which no transaction, dealing or contract shall
be made except by such weighting or measuring instrument as required under
sub-section (1) or sub-section (1A) of section 10;"
(ii) sub-clause
(1) of clause (b), clause (d), (e), and (f) shall be omitted;
(iii) in
clause (f), after the words "the controller", the words "or
any officer authorised by him" shall be omitted;
(v) for clauses
(n) and (o), the following clauses shall be substituted, namely :
"(n)
the weight or measure for the verification of which steps to be taken
by the Inspector under sub-section (3) of section 24,
(o) the form
in which and the details with which a certificate of verification of any
weight or measures as required under sub-section (2), (3) and (4) of section
25 shall be granted".
(vi) clause
(r) shall be omitted.
(vii) after
clause (f) the following clause shall be inserted, namely :
"(ii)
the form and the manner in which notice by a company may be given to the
director or the concerned Controller or the authorised officer under sub-section
(2) of section 62;
(iii) the
amount of money to be paid for credit to the State Government under sub-section
(I) of section 65,";
(c) in sub-section
(3), for the words "the State Government may"; the words "the
Central Government may" shall be substituted;
(d) for sub-section
(5), the following sub-section shall be substituted, namely :
"(5)
Every rule made by the Central Government under this Act shall be laid,
as soon as may be after it is made, before each House of Parliament, while
it is in session, for a total period of thirty days which may be comprised
in one sessions immediately following the session or the successive sessions
aforesaid, both House agree in making any modification in the rule or
both Houses agree that the rule should not be made, the rule shall thereafter
have effect only in such modified form or be of not effect, as the case
may be; so, however, that any such modification or annulment shall be
without prejudice to the validity of anything previously done under that
rule." |
Amendment
of section 72 |
Amendment
of section 73 |
41.
In section 73 of the principal Act, in sub-section (2), for the words and
figures "section 39, section 40 or section 41", the words and
figures" section 36, section 37 or section 38" shall be substituted. |
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Insertion
of new section 74A. |
42.
After section 74 of the principal Act, the following section shall be inserted.
namely : |
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Transitional
provisions. |
"74A.
(1) Every Additional, Joint Deputy and Assistant Controller and Inspector
appointed immediately before the commencement of the rules made under
sub-section (1A) of section 5 shall, on such commencement, be deemed to
have been appointed under section 5, notwithstanding any rule prescribing
different qualification.
(2) Any rules
made by a State Government the principal Act which are in force immediately
before the Commencement of the Standards of Weights and Measures (Enforcement)
Amendment Act, 2005, shall remain in force until the Central Government
make rules in that behalf." |
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STATEMENT
OF OBJECTSAND REASONS
The
Standard of Weights and Measures (Enforcement) Act, 1985 was enacted with a
view to provide for enforcement, by the State Government, of standards of weights
and measures established by or under the Standards of weights and Measures Act,
1976.
2.
Since the enactment of the Act, there have been advancement in international
practices and development in technological innovations in the field of legal
metrology. In order to keep pace with such advancement, to absorb new technological
innovations and to provide for batter protection to consumers, the necessity
to amend the aforesaid enactment. The proposed amendments, inter alia, seek
to provide for, -
(a)
prescribing the qualifications for appointment of Additional, Joint, Deputy
and Assistant Controllers of Legal Metrology and Inspectors under the Act for
providing quality and professional services, beneficial to consumers and industries;
(b)
providing for issue of guidelines by the Central Government for uniform implementation
of the provisions of the enactment;
(c)
doing away with the requirement of registration of users of weight or measure
with enforcement officers;
(d)
validating the licence for the whole of the country, for manufacture and repair
of weight or measure issued by a State Government and enabling the Central Government
also to issue such all India licence, for convenience;
(e)
revising penalties for various offences under the enactment to make the provisions
more diferrent; and
(f)
empowering the Central Government to prescribe fee, to be levied by the State
Government, for the purpose of uniformity of fee.
3.
The Bill seeks to achieve the above object.
SHARAD
PAWAR
NEW
DELHI
The 28th February, 2005.
Notes
on Clauses
Clause
2.- This clause of the Bill seeks to prescribe qualification for appointment
of Additional, Joint, deputy and Assistant Controller of Legal Metrology and
Inspector and also provide for the Controller of Legal Metrology and Inspector
and also provide for the Controller of Legal Metrology to function subject to
such general or special directions, as the Director may give and such direction
shall be binding on the Controller.
Clause
3. - This clause seeks to prescribe user friendly weighing or measuring Instrument
in certain fields of transactions.
Clause
4 - This clause seeks to omit section 12 as it has been become obsolete.
Clause
5 - This clause seeks to empower the Central Government to prescribe the weight
or measure where certificate could be issued as a mark of verification instead
of sealing the same.
Clause
6 - This clause seeks to omit section 16, 17, 18 as they are hindrance to trade.
Clause
7 - This clause seeks to provide for issue of manufacturing and repairing licence
on all India basis by the Central or a State Government with a view to streamline
the process of selling of weights and measures by any user.
Clause
8 - This clause seeks to omit clause (b) of section 21, which prohibit the additional
inscription of non-metric units on measuring instruments, as people are still
not conversant with the metric units in certain areas
Clause
9 - This clause seeks to omit the requirement of verification of weights or
measures under section 2 as such provisions already exists under section 24
of the Act.
Clause
10 - The clause seeks to empower the special verification agents to verify prescribed
weighting or measuring instrument It also seeks to do away with the requirement
of prescribing the re-verification period of a weighing or measuring instrument
by the State as it is proposed to empower the Central Government to prescribe
in this behalf. Certain procedure for verification of weight or measure is also
proposed to be prescribed.
Clause
11 - This clause seeks to make some alignment change in the provisions of the
Act for the propose of clarity.
Clause
12 - This clause seeks to provide for ensuring that the measuing instruments
verified by special verification agents ought not to be taken up again for verification
by the inspectors.
Clause
13 - This clause seeks to provide for regulation of packaged commodities during
the course of intra-State transactions.
Clause
14 - This clause seeks to make changes in the provisions relating to regulation
of packaged commodities for aligning them with the requirements of the Standards
of Weights and Measures Act. 1976.
Clause
15 - This clause seeks to provide for penalty for counterfeiting of seal, for
tampering or fraudulent use of weighing or measuring instrument.
Clause
16 - This clause proposed to revise the penalty for sale of commodity or service
rendered by non-standard weights or measures. It also provides to exempt certain
category of trade or service from the requirement of selling by standard weight
or measure due to practical considerations.
Clause
17 and 18 - These clauses seek to amend section 39 to divide it in to two sections
namely, section 39 relating to penalty for keeping non-standard weight or measure
and section 39A relating to penalty for short measurement.
Clause
19 to 35. - These clauses seeks to revise the penalties provided under sections
40, 41, 42, 44, 45, 46, 47, 48, 49, 50, 51, 52, 53, 54, 56, 57, 58 and 61.
Clause
36 - This clause seeks to provide for enabling a company to nominate one of
its directors for ensuring compliance with the provisions of the Act.
Clause
37 - This clause seeks to provide for compounding of offences for violation
of sections 37 and 38 and also provide for the compounding of fine for uniformity.
Clause
38 - This clause seeks to revise the maximum fees and empowers the Central Government
to prescribe the fee to be levied within these limits.
Clause
39 - This clause seeks to empower the Central Government to delegate its powers
excisable under the legislation to subordinate officers for administrative convenience.
Clause
40 - This clause seeks to provide for enabling the Central Government to make
rules to carry out the provisions of the legislation.
Clause
41 - This clause seeks to rectify some printing error in the Act.
Clause
42 - This clause seeks to provide for transactional provision for protecting
the interest of enforcement officers already functioning in the States with
lesser qualification than those proposed to be prescribed under section 5 of
the Act.
MEMORANDUM
REGARDING DELIGATED LEGISLATION
Clause
40 of the Bill seeks to amend section 72 of the Standards of Weights and Measures
(Enforcement) Act, 1985, which provides for power to make rules by the Central
Government, Sub-section (2) of that section enumerates in detail the matters
with respect to which rules may be made. The matters in respect of which rules
may be made under the Bill relate, inter alia, to prescribing the qualifications
for being appointed as the Additional, Joint, Deputy and Assistant Controller
of Legal metrology and the Inspectors under section 5, prescribing the class
of goods, services, undertakings or users, in relation to which no transaction,
dealing or contract or industrial production or use for protection shall be
made or had or undertaken except by such weight, measure or number under sub-section
(1), or in respect of which no transaction, dealing or contract shall be made
except by such weighing or measuring instrument under sub-section (1A), of section
10, the weight or measure where certificate could be issued or a mark of verification
instead of sealing the same the weight or measure which are required to be verified
by special verification agents under sub-section (3) of section 24, prescribe
the weight or measure which are required to be verified at the place of its
to action under section 24(3) the form in which and the details with which a
certificate of verification of any weight or measure under section 25 be granted,
the form and the manner in which notice by a company may be given to the Director
or the concerned Controller or the authorised officer under sub-section (2)
of section 62, the amount of money to be paid for credit to the State Government
under sub-section (1) of section 65 and the fees that may be levied under sub-section
(1) of section 70.
2.
The matter with respect to which such rules may be made pertain to matters of
administrative procedure or detail. The delegation of legislative power is,
therefore, of a normal character.
ANNEXURE
EXTRACTS
FROM THE STANDARDS OR WEIGHTS AND MEASURES
(ENFORCEMENT) ACT, 1985
(54
OF 1985)
CHAPTER
II
APPOINTMENT
OF CONTROLLERS, INSPECTORS AND OTHER OFFICERS
|
5.
(1)
(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 officer under the general superintendence
direction and controller 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. |
Appointment
of Central-lets, inspectors and other officers and staff |
|
10. (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
(c) no user
for protection shall be made.
except by
such weight, measure or number as may be specified therein.
(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. |
Use
of weights only or measures only in certain cases |
|
CHAPTER
IV
CUSTODY
AND VERIFICATION OF STANDARD EQUIPMENTS |
|
|
12.
Every reference standards shall be kept at such place and in such custody
as may be prescribed, and no such reference standards 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. |
Custody
and verification of reference standards |
|
15.
(1) Where the State Government is of opinion that by reasons 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. |
Secondary
or working standard which may not be stamped |
|
CHAPTER
V
REGISTRATION
OF USERS OR WEIGHTS AND MEASURES |
|
person
using weights or measures for transactions or industrial production or for
protection to get them-selves registered |
16.
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 |
|
Procedure
of registration |
17. (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 ad 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. |
|
punishment
for non registration |
18.
Whoever uses, after the expiry of the period prescribed under sub-section
(1) of section 17, ay 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 extent
to five hundred rupees, and for the second or subsequent offence, with imprisonment
for a terms which may extent to six months, or with fine, or with both. |
|
|
CHAPTER
VI
MANUFACTURE,
REPAIR OR SALE OR WEIGHTS OR MEASURES |
|
Prohibition
on the manufacture, repair or sale of weights or measures without licence
|
19. (1)
(7) The controller
may require every repair 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. |
|
|
21. Save
as otherwise provided in the Standards Act, no person shall -
(b) make
or manufacturer any weight or measure with indications thereon of any
weights or measures in accordance with any unit other than the units for
weight or measure specified by or under the Standards Act. |
Manufacture
of weights or measures. |
|
22. No
weight or measure shall be sold, or offered, exposed or possessed for
sale, or used or kept for use in any transaction or for industrial production
or for protection unless it has been verified and stamped :
Provided
that nothing in this section shall apply to any weight or measure which
has been initially verified any stamped with a special seal referred to
in sub-section (3) of section 41 of the Standards Act. |
Prohibition
of sale or use of unstamped weights or measures. |
|
CHAPTER
VII
VERIFICATION
AND STAMING OF WEIGHTS OR MEASURES |
|
|
24. (1)
Every person having any weight or measure in his possession, custody or
control in circumstances indicating that such weight or measure is being,
or in intended or likely to be, used by him in any transaction or for
industrial production or for protection, shall, before putting such weight
or measure into such use, have such weight or measure verified at such
place and during such hours as the Controller may, by general or special
order, specify in this behalf (hereinafter referred to as the specified
place or specified time), on payment of such fees as may be prescribed.
(2) Every
weight or measure referred to in sub-section (1) shall be re-verified
at such periodical intervals as may be prescribed.
Explanation
- For the removal of doubts it is hereby declared that no periodical re-verification
shall be necessary in relation to any weight or measure which is used
exclusively for domestic purposes.
(3) Every
inspector shall, for the purpose of verification of any weight or measure,
attend the specified place (within the local limits of his jurisdiction)
at the specified time and verify every weight or measure which is brought
to him at such place and within such time and shall, if he is satisfied
that such weight or measure conforms to eh standards established by or
under the Standards Act, put his stamp thereon :
Provided
that where any weight or measure is such that it cannot, or should not,
be moved from its location, the Inspector shall take such steps for the
verification of such weight or measure at the place of its location as
may be prescribed.
(4) Where
any verification has been made under sub-section (3), the Inspector shall
grant to the person referred to in sub-section (1) a certificate in the
prescribed from indicating therein the particulars of the weight or measure
verified and stamped by him.
(5) Where
the Controller is of opinion that by reasons of the size or nature of
any weight or measure, it is not desirable to practicable to ut a stamp
thereon, he may, by an order in writing, direct that instead of patting
a stamp on such weight or measure, a certificate may be issued to the
effect that such weights or measure conforms to the standards established
by or under the Standards Act and every weight or measure so certificate
shall be deemed to have been duly verified and stamped under this Act
on the date on which such certificate was issued.
(6) Every
certificate referred to in sub-section (5) shall be in such from as may
be prescribed and shall contain such details as to enable a clear identification
of the weight or measure to which it relates. |
Verification
and stamping of weights or measures |
Display
of certificate of verification |
25.
Every certificate of verification granted under this Act shall be displayed
in a conspicuous in the premises where such weight or measure is being,
or in intended or likely to be, used in any transaction or for industrial
production or for protection. |
|
|
CHAPTER
VIII
INSPECTION,
SEARCH, SEIZURE AND FORFETURE |
|
Power
to inspect. |
27. (1)
An Inspector may, within the local limits of his jurisdiction, inspect
and test at all reasonable time,s any weight or measure which -
(i) is in
the possession, custody or control of any person, or -
(ii) is in
or on any premises,
in such circumstances
as to indicate that such weight or measure is being or is intended or
likely to be, used in any transaction or for industrial production or
for protection, and may also verify whether such weight or measure is
in conformity with the standards established by or under the Standards
Act.
|
|
|
CHAPTER
IX
PROVISIONS
WITH REGARD TO THE SALE AND DISTRIBUTION OF COMMODITIES IN PACKAGED FROM
WITHIN THE STATE |
|
Provisions
of the Standards Act and the rules made thereunder relating to commodities
in packaged form to apply to commodities in packaged form sold or distributed
within the State |
33. (1)
The provisions of the Standards Act and the rules made thereunder, as
in force immediately before the commencement of this Act, with regard
to commodities in packaged from shall, as far as may be, apply apply every
commodity in packaged from which is distributed, sold, or kept, offered
or exposed for sale, in the State as if the provisions aforesaid were
enacted by, or made under, this Act subject to the modification that any
reference therein to the "Central Government" "Standards
Act" and the 'Director' shall be construed as references respectively,
to the "State Government", "this Act" and the "controller",
(2) The State
Government may make rules, not inconsistent with the Standards Act or
any rule made thereunder to regulate the packaging of any commodity intended
to be sold or distributed, within the State, in packaged form, or to regulate
the sale or distribution, within the State, of any commodity in packaged
form.
Explanation
- for the purpose of this section "commodity in packaged form"
shall have the meaning assigned to it in the Standards Act, and shall
include a pre-packed commodity. |
|
Penalty
for counterfeiting of seals, etc. |
37. (1)
Whoever -
(vii) increases
or diminishes or alters in any way any weight or measure with a view to
deceiving any person or knowing or having reason to believe that any person
is likely to be deceived thereby.
shall be
punished with imprisonment for a term which shall not be less than six
months but which may extent to two years, and for the second or subsequent
offence, with imprisonment for a term which shall be be less than one
year but which may extent to five years and also with fine.
(2) Whoever
obtains, by unlawful means, possession of any seal specified by or under
this Act or the Standards Act and uses, or causes to be used, any such
seal for making any stamp on any weight or measure with a view to representing
that the stamp made by such seal is authorised by or under this Act or
the Standards Act shall be punished with imprisonment for a term which
shall not be less than six months but which may extend to two years, and,
for the second or subsequent offence, with imprisonment for a term which
shall not be less than one year but which may extent to five years and
also with fine.
(3) Whoever,
being a lawful possession of a seal specified by or under this Act or
the Standards Act uses, or cause to be used, such seal without any lawful
authority for such use, shall be punished with imprisonment for a term
which shall not be less than six months but which may extent to two years,
and, for the second or subsequent offence, with imprisonment for a term
which shall not be less than one year but which may extend to five years
and also with fine.
(4) Whoever
sells, or offers or exposes for sale or otherwise disposes of any weight
or measure which, he knows or has reason to believe, bears thereon a counterfeit
stamp, shall be punished with imprisonment for a term which shall not
be less than six months but which may extent to two years, and for the
second or subsequent offence, with imprisonment for a term which shall
not be less than one year but which may extent to five years and also
with fine. |
|
|
38. (1)
Except where he is permitted under the Standards Act so to do, whoever
sells, or causes to be sold, delivers, or causes to be delivered, any
commodity, article or thing by any weight, measure or number other than
the standard weight or measure, shall be punished with fine which shall
not be less than five hundred rupees but which may extent to two thousand
rupees, and, for the second or subsequent offence, with imprisonment for
term which shall not be less than three months but which may extent to
one year and also with fine.
(2) Whoever
renders, or causes to be rendered, any service in terms of any weight,
measure or number other than the standard weight or measure, shall be
punished with fine which shall not be less than five hundred rupees but
which may extent to two thousand rupees, and for the second or subsequent
offence, with imprisonment for a term which shall not be less than three
months but which may extent to one year and also with fine. |
Penalty
for sale or delivery of commodities, etc., by non-standard weight or measure |
|
39. (1)
(2) Whoever,
-
(i) in selling
any article or thing by weight, measure or number, delivers or causes
to be delivered to the purchaser any quantity or number of that article
or thing less than the quantity or number contracted for and paid for,
or
(ii) in rendering
any service by weight, measure or number, renders that service less than
the service contracted for and paid for, or
(iii) in
buying any article or thing by weight, measure or number, fraudulently
receives, or causes to be received any quantity or number of the article
or thing in excess of the quantity or number contracted for and paid for,
or
(iv) in obtaining
any service by weight, measure or number, obtains that service in excess
of the service contracted for and paid for,
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
extent to five years and also with fine.
(3) Whoever
enters, after the commencement of this Act, into any contract or other
agreement (not being a contract or other agreement for export) in which
any weight, measure or number is expressed in terms of any standard other
than the standard weight or measure, shall be punished with fine which
may extent to two thousand rupees, and, for the second or subsequent offence,
with imprisonment for a term which may extent to one year and also with
fine. |
Penalty
for keeping non standard weights or measures for use and for other contraventions |
|
40.
Whoever, in relation to any specified class of goods, services, undertaking
or users of weights or measures, uses in any transaction or for industrial
production or for protection, any weight, measure or number, other than
the weight, measure or number specified |
Penalty
for contravention of section 10 |
|
by
rules made under section 10, 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 |
|
Penalty
for contravention of section 11. |
41.
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 delivered, or any service rendered.- |
|
|
(a)
quotes any price or charge, or makes any announcement with regard to the
price or charge. or
(b)
issues or exhibits and price list, invoice, cash memo, or other document,
or
(c)
mentions any weight or measure in any advertisement, poster or other document,
or
(d)
indicates the weight, measure or number of the net contents of any package
or on any label, carton or other thing, or
(e)
expresses, in relation to any transaction, industrial production or protection,
any quantity or dimension,
otherwise
than in accordance with the standard weight or measure, 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. |
|
Penalty
for contravention of section 19 |
42. Whoever,
being required to obtain a licence under this Act, makes, manufactures,
repairs or sells or offers, exposes or possesses for repair or sale,
any weight or measure, without being in possession of a valid licence
empowering him to do so, shall be punished with imprisonment for a term
which may extend to one year, or with fine which may extend to two thousand
rupees, or with both, and, for the second or subsequent offence, with
imprisonment for a term which may extend to three years and also with
fine.
***
|
|
Penalty
for contravention of section 21. |
44.
Except where he is permitted under the Standards Act so to do, whoever
makes or manufactures and weight or measure which, -
(a)
though ostensibly purports to conform to the standard established by or
under that Act, does not actually conform to the said standards, or
(b)
bears thereon any indication of weight or measure which is not in conformity
with the standards of weight or measure established by or under that Act,
whether such indication is or is not in addition to the indication of
weight or measure in accordance with the said standards.
shall
be punished with imprisonment for a term which may extend to three years
and also with fine. |
|
Penalty
for contravention of section 22. |
45.
Whoever -
(a)
sells, offers, exposes or possesses for sale, any weight or measure which
has not been verified and stamped under this Act, or
(b)
uses, or keeps for use, any weight or measure which, being required to
be verified and stamped under this Act, has not been so verified and stamped.
shall
be punished with imprisonment for a term which may extend to six months,
or with fine which may extend to one thousand rupees, or with both, and
for the second or subsequent offence, with imprisonment for a term which
may extend to one year and also with fine:
Provided
that nothing in clause (b) shall apply, in relation to any weight or measure
which is used for domestic purposes.
|
|
|
46.
Whoever, being required by section 23 to maintain any record or register,
omits or fails to do so, or being required by an inspector to produce
any records or registers for his inspection, omits or fails to do so,
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 one year and also with fine. |
Penalty
for contravention of section 23. |
|
47. Whoever,
being required by section 24 to present any weight or measure for verification
or re-verification. omits or fails, without any reasonable cause to
do so, shall be punished 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 one year and also with fine.
***
|
Penalty
for contravention of section 24 |
|
48.
Whoever, being required by an Inspector, or any person authorised by or
under this Act to exercise the powers of an Inspector, to produce before
him for inspection any weight or measure or any document or other record
relating thereto, omits or fails, without any reasonable cause, to do
so, 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 one year and also with fine. |
Penalty
for contravention of section 28 |
|
49.
whoever obstructs the entry of an Inspector, or any person authorised
by or under this Act to exercise the power of an Inspector, into any premises
for the inspection and verification of any weight or measure or any document
or other record relating thereto or the net contents of any packaged commodity
or for any other prescribed purpose, shall be punished with imprisonment
for a term which may extend to two years, and, for the second or subsequent
offence, with imprisonment for a term which may extent to five years. |
Penalty
for contravention of section 29 |
|
50.
Whoever prevents the Controller or any officer authorised by the Controller
in this behalf, from searching any premises or prevents an inspector from
making any seizure of any weight, measure, packaged commodity, goods,
document, record or label, shall be punished with imprisonment for a term
which may extend to two years, and, for the second or subsequent offence,
with imprisonment for a term which may extend to five years and also with
fine. |
Penalty
for contravention of section 30 and 31 |
|
51.
(1) Whoever manufactures, distributes, packs, sells or keeps for sale
or others or exposes for sale, or has in his possession for sale, any
commodity in packaged form, shall unless each such package conforms to
the provisions of the Standards Act and the rules made thereunder, read
with section 33, 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.
(2)
Whoever manufactures, packs, distributes or sells, or causes to be manufactured,
packed, distributed or sold, any commodity in packaged form; knowing or
having reason to believe that the commodity contained in such package
is lesser in weight, measure or number than the weight, measure or number,
as the case may be, stated on the package or label thereon, shall be punished
with imprisonment for a term which may extend to two years, or with fine
which may extend to three thousand rupees, or with both, and, for the
second or subsequent offence, with imprisonment for a term which may extend
to five years and also with fine.
Explanation
- In determining, for the purpose of this sub-section, whether the quantity
contained in a package is lesser than the quantity declared on the package
or label thereon, the maximum permissible error specified under the Standards
Act in relation to the commodity contained in such package, shall be taken
into account. |
Penalty
for contravention of section 33 |
|
52.
Whoever sells any commodity be heaps without complying with the provisions
of section 35, 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, or with fine which may extend to
one thousand rupees, or with both. |
Penalty
for contravention of section 235. |
|
53.
Whoever alters or otherwise tampers with any licence issued or renewed
under this Act or any rule made thereunder, otherwise than in accordance
with any authorisation made by the Controller in this behalf, shall be
punished with fine which may extend to two thousand rupees, or with imprisonment
for a term which may extend to one year, or with both. |
Penalty
for tampering with licence |
Penalty
for selling or delivering rejected weights and measures |
54.
Whoever sells, delivers or disposes of, or causes to be sold, delivered
or disposed of, any weight or measure which has been rejected on verification
under this Act or the Standards Act, or any rule made under either of
the said Act,s shall be punished with imprisonment for a term which may
extend to one year, or with fine which may extend to two thousand rupees,
or with both.
Provided
that nothing in this section shall apply to the sale, as scrap. of any
rejected weight or measure which has been defaced in the prescribed manner
*** |
|
Penalty
for giving false information or maintaining false records or registers
|
56.(1)
Whoever gives information to a Controller, Additional Controller or an
Inspector or any other officer authorised by the Controller, which he
may require or ask for in the course of his duty and which such person
either knows or has reason to believe to be false or does not believe
to be true, shall be punished with imprisonment for a term which may extend
to six months, or with fine which may extend to one thousand rupees, or
with both
(2)
Whoever, being required by or under this Act so to do, submits a return
or maintains any record or register which is false in any material particular,
shall be punished with fine which may extend to two thousand rupees, and,
for the second also with fine. |
|
Wilful
verification or disclosure in contravention of Law |
57.
(1) If any inspector or any other officer exercising powers under this
Act or any rule made thereunder wilfully verifies or stamps any weight
or measure in contravention of the provisions of this Act or of any rule
made thereunder, he shall, for every such offence, be punished with imprisonment
for a term which may extend to one year, or with fine which may extend
to two thousand rupees, or with both.
(2)
If any Inspector or other officer who enters into any premises in the
course of his duty wilfully disclose, except in the performance of such
duty, to any person any information obtained by him from such premises
with regard to any trade secret or any secret in relation to any manufacturing
process, he shall be punished with imprisonment for a term which may extend
to one year, or with fine which may extend to two thousand rupees, or
with both.
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Vexations
search |
58.
An Inspector or any other officer, exercising powers under this Act or
any rule or order made thereunder who knows that there are no reasonable
grounds for so doing, and yet -
(a)
searches, or causes to be searched, any house, conveyance or place, or
(b)
seizes any weight, measure or other movable property,
Shall
for every such offence, be punished with imprisonment for a term which
may extend to one year or with fine which may extend to two thousand rupees,
or with both
*** |
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When
employer to be deemed to have abetted an offence |
61.(1)
* * *
(2)
Whoever is deemed under sub-section (1) to have abetted an offence against
this Act shall be punished with imprisonment for a term which may extend
to one year, or with fine which may extend to two thousand rupees, or
with both, and, for the second or subsequent offence, with imprisonment
for a term which may extend to five years and also with fine.
Explanation
- Dismissal or termination of service of an employee after the expiry
of the period specified in the proviso to sub-section (1) shall not absolve
any employer of his liability under this sub-section. |
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62.
(1) If the person committing an offence under this Act is a company, every
person who, at the time the offence was committed, was in charge of, and
was responsible to, the company for the conduct of the business of the
company, as well as the company, shall be deemed to be guilty of the offence
and shall be liable to be proceeded against and punished accordingly:
Provided
that nothing contained in this sub-section shall render any person liable
to punishment if he proves that the offence was committed without his
knowledge, or that he had exercised all due diligence to prevent the commission
of such offence.
(2)
Notwithstanding anything contained in sub-section (1), where any offence
under this Act has been committed by a company and it is provide that
the offence has been committed with the consent or connivance of, or is
attributable to, any neglect on the part of, any director, manager, secretary
or other officer of the company, such director, manager, secretary or
other officer shall also be deemed to be guilty of that offence and shall
be liable to be proceeded against and punished accordingly.
Explanation
- For the purposes of this section,-
(a)
"company" means any body corporate and includes a firm or other
association of individuals; and
(b)
"director", in relation to a firm, means a partner in the firm.
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Offences
by companies |
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65.
(1) Any offence punishable under section 39, section 40, section 41, section
42, section 44, section 45, section 46, section 47, section 48, section
51, section 52, section 54 or section 59 or any rule made under sub-section
(3) of section 72, may either before or after the institution of the prosecution,
be compounded, by the Controller or such other officer as may be authorised
in this behalf by the Controller, on payment, for credit to the State
Government, of such sum as the Controller or such other offer may specify:
Provided
that such sum shall not, in any case, exceed the maximum amount of the
fine which may be imposed under this Act for the offence so compounded.
*** |
Compounding
of offences |
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70.
The State Government may, be rules made under section 72, levy such fees
not exceeding -
(a)
five hundred rupees, for the application for the issue or renewal of a
licence for making or manufacturing of any weight or measure,
(b)
fifty rupees, for the alternation of any licence,
(d)
five thousand rupees, on a graded scale, for the verification of any weight
or measure, having regard to the time and labour which may be involved
in making such verification.
(e)
ten rupees, for the adjustment of any weight or measure,
(f)
ten rupees, for the issue of a duplicate licence or certificate of verification,
(g)
one rupees for every one hundred words or less, for the grant of copies
of any document, not being a document of a confidential nature.
(h)
twenty-five rupees, for any appeal preferred under this Act,
(i)
five rupees, for application for registration or renewal of registration
under section 17. |
Levy
of fees |
Delegation
of powers. |
71.
(1) The State Government may, by notification, direct that any power exercisable
by it under this Act or any rule made thereunder, not being a power conferred
by section 69 (relating to appeal) or section 70 (power to lay down scale
of fee) or section 72 (power to make rules), in relation to such matters
and subject to such conditions as may be specified, may be exercised also
by such officer subordinate to it as may be specified in the notification.
(2)
Subject to any general or special direction or condition imposed by the
State Government, any person authorised by the State Government to exercise
any power may exercise those powers in the same manner and to the same
extent as if they had been conferred on that person directly by this Act
and not by way of delegation. |
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Power
to make rules |
72.
(1) The State Government may, be notification and after consultation power,
such rules may provide for all or any of the following matters, namely:-
(a)
the class of goods, services, undertakings or users in relation to which
no transaction, dealing or contract, or industrial production or use for
protection shall be made or had or undertaken except by such weight, measure
or number as required by section 10;
(b)
the place at which, and the custody in which, the following standards
shall be kept, namely:-
(i)
reference standards
***
as
required by section 12 and sub-section (5) of section 14;
*
*
(d)
the time within which an application referred to in sub-section (1) of
section 17 shall be made, the particulars which such application shall
contain and the form and manner which such application shall be made;
(e)
the form and manner in which the register referred to in sub-section (2)
of section 17 shall be maintained;
(f)
the form and manner in which an application shall be made under sub-section
(3) of section 17;
* *
(j)
the description of weight or measure which may not be sold by a user except
with the written permission of the Controller as required by sub-section
(8) of section 19;
***
(m)
the period within which weights or measures shall be verified or re-verified
as required by sub-section (2) of section 24;
(n)
the steps to be taken for verifying any weight or measure which cannot,
or should not, be moved from its location, as required by the proviso
to sub-section (3) of section 24;
(o)
the form in which a certificate of verification of any weight or measure
shall be granted as required by sub-section (4) of section 24 and the
form in which the certificate referred to in sub-section (5) of section
24 shall be issued and the details which such certificate shall contain,
as required by sub-section (6) of section 24;
*
*
(r)
the manner in which, and the conditions, restrictions and limitations
subject to which,-
(i)
any commodity intended to be sold or distributed, within the State, shall
be made within the State,
as
required by sub-section (2) of section 33;
*
* *
(3)
In making any rule under this section, the State Government may provide
that a breach thereof shall be punishable with fine which may extend to
one thousand rupees.
*
* *
(5)
every rule made under this section shall, as soon as may be after it is
made, be laid before each House of the State Legislature, before that
Houses, and where there is one House of the State Legislature, before
that House.
*
* * |
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73.(1)
* * *
(2)
where the State Government makes a direction under sub-section (1) in
relation to any type of weight or measure, any contravention of the provisions
of section 39, section 40 or section 41 of the Standards Act in relation
to that type of weight or measure shall be an offence punishable under
this Act in relation to that type of weight or measure shall be an offence
punishable under this Act and the punishment provided therefore in the
Standards Act shall be deemed to be the punishment provided therefore
in this Act as if the said provisions relating to punishment were enacted
by this Act.
*
* * |
Power
of State Government to make provisions of the Standards of the Standards
Act relating to approval of models applicable to models of weights or
measures intended to be used exclusively within the State |
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RAJYA
SABHA
________
A
BILL
Further
to amend the Standards of weights and Measures (Enforcement) Act, 1985,
_________
(Shri
Sharad Power, Minister of Agriculture, Consumer Affairs, Food and Public
Distribution)
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