Daman 1" April, 2011, 11 Chaitra 1933 (Saka)

1 · 1) Licensing of manufacturer, repairer and dealer of Weights and Measures

1 · 1 A ) Conditions of licence for Manufacturer-

1 · 1 B) Conditions of licence for Repaiser-

11 · C) Conditions of licence for Dealer

1 · .The person in whose favour this licence is issued shall. -

2 · Every condition prescribed after the issue of this licence shall, if notified in the Official Gazette, be binding on the persons to whom the licence has been granted.

3 · Any change in the constitution of the firm should be reposted to the licence issuing authority within one month.

4 · Nothing in the rules shall confer on the licensee any assignable or transmissible right. Explanation 1 :- The licensee shall not be deemed to have been assigned or transmitted within the meaning of t!;ir, i-~!: i: t;; following cases, namely

12 · Suspension and cancellation of licence granted:

0 · When can you produce licence is desired ?

1 · - - Name and address of the dealer

1 · - APR

2011 · .

500 · 00 per unit

25 · 00 per unit

1000 · 00 per unit

22 · Approval of Model.

33 · Penalty for use of unverified weight or measure.

4 · Eve1-y unit of weight or measureshall be in accordance with themetric system based on the international system of units.

12 · Any custom, usage, practiceor method of whatever nature which permits a person to demand, receive or cause to be demanded or received, any quantity of article, thing or service in excess of or less than, the quantity specified by weight, measure or number in the contractor othcr agm,ment in relation to the said article, thing or service, shall be void.

45 · af 1860.

14 · (1) The State Government may, by notification, appoint a Controller of legal metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, I~pector and other employees for the State for exercising the powers and discharging the duties conferred or imposed on them by or under this Act in relation to intra State trade and commerce.

15 · (1) The Director, Controller or any legal metrology officer n~a~,'if he has any reason to believe, whether fromany information given to him by any person and taken down in writing or from personal knowledge or otherwise, that any weight or measure or other goods in relation to which any trade and commerce has taken place or is intended to take place and in respect of which au offence punishable under this Act appears to have been, or is likely to be, committed are either kept or concealed in any premises or are in thecourse of tratlsportation,-

16 · (1) Every non-standard or unverified weight or measure, and every package wde Forfeiture.

17 · (1) Every manufacturer, repairer or dealerof weight or measureshall maintain such Manufac-

18 · (1) No person shall nlanufacture, pack, sell, import, distribute, deliver, offer, expose Declarnlions or possess for sale any pre-packaged commodity unless such package is in such standard On Prc-

19 · No person sball import any weight or measure unless he is registered with the Rcgislration

20 · No weight or measure, whether singly or as a part or component of any machine Non-standard shall be imported unless it conforms to the standards of weight or measure established by or weigh's under this Act.

21 · (I) For imparting training in Legal Metrology and other allied branches of knowledge the "Indian Institute of Legal Metrology" (hereinafter referred to as the 1.egal

22 · Every person, beforet~lanufacturing or importing any weigl~tor measuresl~all seek Approval of theapproval of modelof such weight or measure in such manner, on payment of such fee and from such authority a? may be prescribed:

28 · Whoever makes any transaction, deal or contract in contravention of the standards penalty for

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29 · Whoever violates section 11 shall be punished with tine which may extend to ten penalty thousand rupees and, for the second or subsequent offence, with imprisonment for a term quoting which may extend to one year, or with fine, or with both.

30 · Whoever-

31 · Whoever, being required by or under this Act or the rules made thereunder to Penalty for submit returns, maintain any record or register, or being required by the Director or the non-

32 · Whoever fails or omits to submit model of any weight or measure for approval, Pcealty for shall,be punished with fine which may extend to twenty thousand rupees and for the second to get modcl or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

33 · Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified Pcnelty for use weight or measure shall be punished with fine which shall not be less than two thousand U"erificd weight or rupees but which may extend to ten thousand rupees and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

34 · Whoeversells, orcausestobesold, delivers, or caus esto bedelivered, any commodity, Penalty for article or thing by any means other than the standard weight or measure or nutllber, shall be sale or

36 · (1) Whoever~nanufactures, packs, imports, sells, distributes, delivers orothenvise transfers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or otherwise transferred, offered, exposed for sale any prepackaged commodity which does not confonn to the declarations on the package as provided in this Act, shall be punished with fine which rnay extend to twenty-five thousand rupees, for the second offence, with fine which may extend to fifty thousand rupees and for the subsequent offence, with fine which shall not beless than fifty thousand rupees but which may extend to onelakh rupees or with imprisonment for a tern1 which may extend to one year or with both.

37 · (1) Where any Government approved Test Centrecontravenes any of the provisions of this Act or the rules made thereunder, or the conditions of the licence, it shall be punished with fine which may extend to one lakh rupees.

38 · Whoever imports any weight or measure without being registered under this Act shaU be punished with fine which may extend to twenty-five thousand rupees and for the second orsubsequentoffence, with imprisonment fora tenn which may extend to six months, or with fine, or with both.

39 · Whoever imports any non-standard weight or measure shall be punished with

40 · Whoever obstructs the Director, the Controller or any legal metrology officer with intent to prevent or deter the Director or the Controller or any legal metrology officer from exercising his powers or discharging his functions, or in consequence of anything done or attempted to be done by the Director or the Controller or any legal mehology officer in the lawful exercise of his powers or discharge of his functions as such, or whoever obstructs the entry of the Director or the Controller or any legal metrology officer into any premises for inspection and verification of any weight or measure or any document or record relating thereto or the net contents of ally packaged commodity or for any other purpose shall be punished with imprisonment for a tenn which may extend to two years and for the second or subsequent offence, with imprisonment for a term which may extend to five years.

41 · (1) Whoever gives any information to the Director, the Controller or any legal

45 · of 1860.

42 · TheDirector, thecontroller or any legal mettology officer, exercising powers under Vexatious this Act or any n~le made thereunder, who knows that thereare no reasonable grounds for so Search. doing, and yet-

43 · Where the Controller or any legal metrology officer exercising powers un&r this penalty for Act or any n~le made thereunder, wilfully verifies or stamps any weight or measure, in verification in contravention of the provisions of this Act or of any rule made thereunder, he shall, forevery cO"raventiOn

44 · (1) Whoever- counterfeiting (17 counterfeits any seal specified by or under this Act or the rules made of seats, etc, thereunder, or

45 · Whoever, being required to obtain a licence under this Act or the rules made Penalty for thereunder, manufactures, without being in possession of a valid licence, any weight or n~anufacture

46 · Whoever, being required to obtain a licence under this Act or the rules made thereunder repairs or sells or offers, exposes or possesses for repair or sale, any weight or measure, without being in poswsioo of a valid licence, shall be punished with fine which may extend to five thousand rupees and for the second or subsequent offence, with in~prisonment for a tern1 which may extend to one year, or with fine, or with both.

50 · (1) Subject to the provisions of sub-section (2), an appeal shall lie,-

51 · The provisions of the Indian Penal Code and section 153 of the Code of Criminal 45 of 1860. Procedure, 1973 in so far as such provisions relate to offences with regard to weight or measure, shall not apply to any offence which is punishable under this Act.

24 · pp

54 · (1) The Central Government may, in consultation with the State Government and by notification, direct that any power exercisable by itunder this Act or any rule made there under, not being a power conferred by section 50 relating to appeal or section 52 relating to power to make rules, in relation to such matters and subject to such conditions as nny be specified, may be exercised also by such officer subordinate to it as may be specified in the notification.

55 · The provisions of this Act, in so far as they relate to verification and stamping of weights and measures, shall not apply to any weight or measure,-

56 · (1) Every Director, CQntroller and legal metrology officer appointed immediately before the commencement of the ~les made under this Act, shall be deemed to have been appointed under sub-section (I) of sections 13 and 14, notwithstanding any rule prescribing differentqualifieations.

57 · (1) The Standards of Weights and Measures Act, 1976 and the Standards of 60 of 1976. Weights and Measures (Enforcement) Act, 1985, is hereby repealed.

54 · of 1985. 10 of 1897.