THE STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985
THE STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985
Title : THE STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1985
Year : 1985
(1) Where the business of a person licensed under this Act is transmitted by succession, intestate or testamentary, the heir or legatee, as the case may be, of such person shall not carry on the business of such licensee either in his own name or in any other name, unless the heir or legatee has, before the expiry of sixty days after the date of such transmission, made to the Controller an application for the issue of a licence in accordance with the provisions of this Act:
Provided that nothing in this section shall be deemed to prohibit the heir or legatee from carrying on business as such licensee for the aforesaid period of sixty days, and, if he has applied for such licence, until he is granted the licence or is, by a notice in writing informed by the Controller that such licence cannot be granted to him.
(2) Where the business of any person licensed under this Act is transferred by sale, gift, lease or otherwise, the transferee or lessee, as the case may be, shall not carry on such business either in his own name or in any other name, unless he has obtained a licence to carry on such business.
A licence issued or renewed under this Act shall not be saleable or otherwise transferable.
(1) Subject to the provisions of sub-section (2), an appeal shall lie-
(a) From every decision given or order made under Chapter V, Chapter VI, Chapter VII, Chapter VIII, Chapter IX or Chapter X of this Act, by-
(i) An Inspector, or
(ii) An Additional Controller, to the Controller; and
(b) From every decision given or order made by the Controller under Chapter V, Chapter VI, Chapter VII, Chapter VIII, Chapter IX or Chapter X of this Act, not being a decision made in appeal under clause (a),to the State Government or any officer specially authorised in this behalf by that Government.
(2) Every such appeal shall be preferred within sixty days from the date of the decision or order appealed against: Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days.
(3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal, a reasonable opportunity of being heard and after making such inquiry as it deems proper, makes such order, as it may think fit, confirming, modifying or reversing the decision, or order appealed against, or may send back the case with such direction as it may think fit for a fresh decision of order after taking additional evidence, if necessary.
(4) Every appeal shall be preferred on payment of such fees as may be prescribed.
(5) The State Government may, on its own motion or otherwise, call for and examine the record of any proceeding (including a proceeding in appeal) in which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such orders thereon as it may think fit: Provided that no decision or order shall be varied under this sub-section so as to prejudicially affect any person unless such person has been given a reasonably opportunity of showing cause against the proposed action.
The State Government may, by 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) One hundred rupees, for the issue of a licence for repairing or selling of any weight or measure,
(c) Fifty rupees for the alteration 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 rupee, for every 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.
(1) The State Government may, by notification, direct that any power exercisable by it under this Act or rule made there under, 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 powers 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.
(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) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any or 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 places at which, and the custody in which, the following standards shall be kept, namely:-
(i) Reference standards,
(ii) Secondary standards,
(iii) Working standards,as required by section 12 and sub-section (5) of section 14;
(c) The form and details of particulars for identification of weight or measure referred to in sub-section (2) of section 15;
(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 in 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;
(g) The form in which an application shall be made for the issue or renewal of a licence to carry on business as a maker, manufacturer, repairer or dealer of any weight or measure, as required by subsection (4) of section 19;
(h) The form in which and the conditions, limitation and restrictions subject to which any licence may be issued and the period of validity of such licence, as required by sub-section (2) of section 19;
(i) The sum to be furnished by a repairer as security as required by subsection (7) of section 19;
(j) The description of weight or measure which may not be sold by a 1 user except with the written permission of the Controller as required by sub-section (8) of section 19;
(k) The manner of disposal of weights or measures after cancellation of licence and the distribution of proceeds thereof as required by subsection (5) of section 20;
(l) The records and registers relating to weights or measures to be maintained in pursuance of the provisions of sub-section (1) of section 23;
(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 provision 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;
(p) The manner of disposal of seized articles which are subject to speedy or natural decay, as required by the proviso to sub-section (1) of section 31;
(q) The time within which an unverified weight or measure seized under this Act may be permitted under the proviso to section 32 to be verified and stamped;
(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 packaged, or
(ii) The sale or distribution of any commodity in packaged form shall be made within the State, as required by sub-section (2) of section 33;
(s) The manner of obliteration of stamps on rejected weights or measures, as required by the proviso to section 54;
(t) The form in which appeals may be preferred under section 69 and the procedure for the hearing of appeals;
(u) The amount of fees which may be levied and collected for each of the matters specified in section 70;
(v) Any other matter which is required to be, or may be, prescribed.
(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.
(4) The power to make rules under this section shall be subject to the condition of the rule being made after previous publication in the Official Gazette.
(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 where there are two Houses, and where there is one House of the State Legislature, before that House.
(1) Where any type of weight or measure manufactured by a licensed manufacturer is such that all the weights or measures of that type manufactured by him within the State is intended to be sold, distributed or delivered therein, the State Government may, by notification, direct that the model of every such type of weight or measure shall be submitted for approval in accordance with the provisions of sections 36, 37 and 38 of the Standards Act, and thereupon, the provisions of the said sections 36, 37 and 38 shall become applicable to such model, and references in those sections to the Central Government and to the Standards Act shall be construed as references, respectively, to the State Government and this Act.
(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 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.
The provisions of this Act, in so far as they relate to the verification and stamping of weight and measures, shall not apply to any weight or measure,-
(a) Used in any factory exclusively engaged in the manufacture of any arms, or ammunition, or both, for the use of the Armed Forces of the Union;
(b) Used for scientific investigation or for research;
(c) Manufactured exclusively for export.
(1) On the commencement of any provisions of this Act in a State, the corresponding provisions of any law in force for the time being in that State shall stand repealed, and on such repeal, the provisions of section 6 of the General Clauses Act, 1897 (10 of 1897), shall apply as if the provisions so repealed were the provisions of a Central Act.
(2) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions of this Act.
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