d .w Regis tered No. A —12, Th e Assam Gaz ette W H qJR EXTRAORDINARY PUBLISHED BY AUTHORITY No.67 Sh illo ng , Monday, Dee . 21, 1864, 38th Ag rahayana , 1886 S.E, GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LAW DEPARTMENT NOTI FI CATI ON The 19th December 1964 No.LJL. 12/62/5. —Th e following Act of the Assam Legis lative Assembly which received the assen t of the Governo r is hereby pub lished for genera l information.
(Received the assent o f the Governor on the 19th December, 1964) ASSAM ACT XXVII OF 1964 THE ASSAM WEIGH TS AND ME AS UR ES (ENF OR CE MEN T) (AM EN DM EN T) AC T, 1964.
[Pub lished in the Assam Gazette Extr aordina ry, dated the 21st December, 1964] An Act further to amend the Assam Weights and Measures (Enforcement) Act, 1958.
Preamb le Whereas it is expedie nt fur the r to amend t he Assam Act Assam Weights and Measures (Enforcement) Act, ot 1958, her einafte r called the princ ipa l Act, in the man- 195 9’ ne r hereinafte r ap pe ar in g:
It is he reby enacted in the Fif tee nth Yea r of the Republic of In di a as follows Short titl e, 1 . ( 1 ) This Act may be called the Assam Weights extent and a n j Measures (Enforc eme nt) (Am end ment) Act, m ^ b 'nC e‘ 1 9 6 4 > 406 TH E ASSAM GA ZETTE, EX TR AO RD INAR Y, DEG. 2 l, 1964
(2) It shall have the like extent as the princi pa l Act.
(3) It shall come into force at once.
o^Tection'a* 2. In section 2 of the pr inc ipa l Act , afte r of Assam clause (k), the following shall be inserted a3 clauses (1) Ac t X IX o f and (m ), namely
1959.
“ (1) ‘Sealed package or conta ine r’ means a closed pack age , bo ttle, casket, tin , bar rel , case, rece ptac le, bag , sack, wrapper or oth er thing in which any article is placed or packed and which is intended to be sold with its contents , withou t any weig hment or measurement of such conte nts at the time of sale ;
(m) ‘Use in transa ctio n for tra de or comm erce’ means use for the purp ose of determ inin g or declaring t he quantity o f any thing in terms of measurement of length , area, volume, capacity or weight in or in connection w it h :—
(a) any contr act , wheth er by way of sale, pu r chase, exchange or otherwise ; o r
(b) any assessment of royalty , toll, du ty or other dues ; or
(c) the assessment of any work done or services ren dered, otherwise than in relatio n to research or scientific studies or in ind ividua l house-holds for house-hold purposes.” Am endm ent 3. In section S of the prin cipal Act,- of sec tion 3 o f Assam Ac t X IX o f
1959.
(l ) in sub-section (1), for the punctuat ion comma occurring between the words “ standa rds” and “ and special” the pun ctuation fullstop shall j be sub stituted and thereafter the words “and special sets of work ing stan dards in relation to bul lion including prec ious stones” shall be deleted ;
(2) the proviso to sub-section (4) shall be deleted.
TH E ASSAM GA ZETT E, EX TR AO RD INAR Y, DEG. 21, 1964 40?
Amendment 4 . In ' section 7 of the princ ipa l Act, for subn \ SCf a°B 7 scct‘on (1)» following shall be sub stit ute d, Act x ix na me ly:— of 1959.
“ (1) Notwi ths tan ding anyth ing conta ine d in any other law or any custom, usage or pra ctice , no unit of mass or measure other than the sta nd ard weights or measures sha ll be used in any tran sac tion s for trade or commerce in any are a or class of goods or und ertakings in respect of which this Act has come into force or be kep t in any premises where such transact ions are usually con ducted.” Subst itution 5. For section 14, the following shall be subof section 14 s titute d, na m ely:— of Aisam Act X IX of
1959.
“ Marking 14. No person shall , offer for sale, expose for mcasurct on s a ê ’ o r Eave in his possession fo r sale, any art icle consealed con - tained in a sealed packag e or conta ine r unless such tainers. package or conta ine r bear s thereon , or on a labe l securely at tach ed the ret o, a description of the net weig ht or m easu re of the art icle con tain ed therein :
Prov ided th at the provisions of this section shall not app ly to— .(») any sealed package or con tain er—
(a) of net weight o f less tha n one hundred and twenty gram mes, if the sealed package or container conta ins biscu its, confec tionery or sweets ; a nd
(b) of net weight of less than sixty grammes, if the sealed package or c ontainer con tain s any o the r foodstuff ;
(ii) any other article sold, offered for sale, exposed for sale, or in possession for sale which is not ord inarily sold in transact ions for tra de or commerce by w eight or measure s _ P rovided fur the r that the Sta te Governmen t may, if it is satisfied th at the size of any class of such • packages or con tain ers renders it impractic able to comply with the provisions of this section by notifica- *;on in the official Gazette , exempt such class from the ope ration of this sect ion.” 408 THE ASSAM GAZETTE, EXTR AORD INA RY, DEC. 2 1 U 964 Insertion of 6. After section 14 of the princi pal Act, the inCtl°Assam lo w in g shall be inserted as section 14A, nam ely:— Act X IX oi 1959.
“ P r o hi- 14A. No person shall, in any tran saction for trade b i t i o n of or commerce, quo te the p rice, or express the quantity , q u o 11 n g o p a n y a i tide otherwise than in terms of the standard price , o r ex- . , \ »> p t e s . i n g w e iSh t o r measure, quantit y, of an y artic le other w i s e th a n in t e r m s of sta n d a r d weight or measure.
Amendment 7. For sub-section (5) of section 17 of the principa l of (S)! e c ti o “ Act, following shall be substitu ted, namely; — Assam A c t XIX of lq59.
A “ (5) Where an Inspecto r has reason to believe th at a sealed package or con tain er of an arti cle does not actu ally con tain the net weigh t or measure of the art icle which i t pur port s to contain, the Insp ecto r may break open the sealed package or conta ine r and verify its contents, and
(i) if, on such verification, the n et weig ht or measure of the artic le is found to be cor rect, the Inspecto r shall tender the fair price ther eof and may requir e a writte n acknowledgment therefor ;
(ii) if, on the o ther hand, the ne t weight or measure of the art icle is foun d on such verification to be incorre ct, the Insp ecto r may seize th e package or c on tai ner an d the art icle con tain ed the rei n, afte r tender ing the fa ir price the reo f where the seizure is ma de from any person oth er than the manufac turer, and may file a comp laint aga inst the manuf acture r for contraven tio n of the provisions of section 14.” Substi tu- 8. For section 21 of the prin cipal Act, the following tion of sec- Bh a n b e subs titut ed, namely :— t i o n 21 of Assam Act X IX o f
1959.
“ Levy of 21 . Th e Sta te Governmen t may cha rge such fees fees. for the gran t of licences under section 13, for ma nufac ture, rep air or sale of weights and measures and weighing and measuring inst ruments r * /»-f I HE AS SAM GAZ ETTE, EX TR AOR DIN AR Y, DEG . 21, 1964 409 and also for the verification, marking, stam ping and adjustment of weights and measures and weighing an d measuring ins tru ments as may be prescribed.” men* "of In section 23 of the principa l Act, betw een the section 23 of words “ sta ndard weights or measures” an d “sha ll” Assam Act the words “or whoever afte r the commencement of X I5 L -O o f the Assam Weights and Measures (Enforcement) (Amendment) Act, 1964 keeps any uni t or mass or measure Gther th an the sta ndard weights or measures in any premises where such transact ions are usually con duc ted” shall be inserted .
Inser tion of 10. After section 28 of the pri nc ipa l Act, the section 28A following sha ll be inse rted as section 28A, na mely:— in Assam Act XIX of
1959.
“ Penalty for quo ting p ri ces or expres sing qua n titie s other wise tha n in terms of sta n d a r d weigh t or measure .
28A, Whoever cont ravenes th e provis ions of sec tion 14A shall be pun ishabl e wi th fine w hich may exte nd to one thousa nd rupees.” Substitutioa - I I . For section 32 of the prin cipal Act, °e ^ c t l 0 n ^'TrorroiVtng--ebaU.-be--«iI)5t5ijjted.. n am ely ; — the of Assam Act X IX of 1959.
“ Penalty for deliver ing o r receiving any quan tity of artic le less tha n, or in excess of the qua nti ty fix ed by the weigh t or measure in th e c o sitrac t.
32. Whoever—
(i) in selling any art icle by weig ht or measure delivers or causes to be delivere d to the purchaser any qu an tity of th at art icle less th an , or
(ii) in buy ing any article by weight or measure dema nds or receives or causes to be dem and ed or received from the vendor any qu an tity of th at art icle in excess of, the qu an tity fixed by the weight or measure by which the contr act or deal ing in respect of tha t art icle has been made, shall be punishab le wi th fine which may extend to five h un dred rupees.” Am ena ment 12. In sub-section (1) of section 38 of the princ ipa l Tc ti o n a3 .̂ Act, for the words “ an Assistant Con troller” occur- °x ix a m of r i n 8 betw een the words “ or ” and “ author ised” l9 59. the words “any officer” shall be substitu ted.
* # 410 THE ASSAM GA ZE TT E, EX TR AO RD INAR Y, DEG. 21, 1964 In se rti on of 13. After section 40 of the prin cipal Act, the section 40A fo llo w mg shall be inserted as section 40A, namely in Assam Act X IX of
1959.
"Composition 40A. (1) Any offence pun ishabl e under seco o ences. t io n s 24, 27, 28, 28A, 32 or 34 and other tha n a second o r subsequent offence under section 23 or 25 ma y, either before or after the ins titu tion of the pro secutio n, be com pounded by the Sta te Governmen t on pay ment of such sum as the Sta te Government think s fit.
(2) On paymen t by the offender of the com pou nding money as per sub-sect ion (l ), the of fend er/ if in custody, shal l be set at. liberty and if any pro ceedings in any crim inal cou rt have been inst itut ed aga ins t the offender in respect of the offence, the composition shall be deem ed to am ount to an acqu itta l and no fur the r criminal proceedings shall be taken aga inst him in respect of such offence .” Insertion of sec tion 43 A r in Assam A ci X IX of
1959.
14. Af ter section 43 of the principal Act, the following shall be inser ted as section 43A, namely :— “Exemp- 43A. Nothing in this Act jsha ll app ly to weigh ts o r tion . measures or weighing-^oFTneasuring inst rum ents used by or in. an y uni t or estab lishment of the Armed rees- of the Union .” U. TAHB ILD AR .
De puty Secy, to the Gov t, of Assam, La w De partm ent Shillong-—Printed and published by the Superinte ndent, Assam Government Press (Ex. Gazette) 1 3 3 -1 2 4 9 + 1 2 —21-12-64.