;5 MINISTRY Or HOME AfFAllSS * NOTIFICATION ' 1 New Delhi, the Gth August 1965 " " • " w ^ MODIFICATIONS ttiJ^SSP1!? ^ M i ! * t h ? w o r d s " S t a t e Government", the word "Adminis- * « 3 ^ T ^ " 3 ^ " 0 ^ ( 3 ) ? f section L f ° r the Words "State of Maharasht ra" t h .
Words Union territory of Dadra and Nagar Haveli- shall be: J S S t e d '
3. In section 2— m tee (a) J t f t o g M *J clause (aa) thereof and before clans* n a X e l y f - r e n u m b e l e d - t h « following clause shall be inserted, 1 ' ^ ^ D a ^ a n f N l g a r S H f r ^ * ^ « * « * ^ i o n te r r i to ry - rf
(b) clause (i) shall be: renumbered as clause (jj) thereof and before clause 013 as so renumbered, the following clause shall be Inserted, namely— m m $ $ t e r r i t o r y " m e a n a t h e L * i o 1 1 territory of Dadra and Nagar teAo^'^^ub^i^eT^1 ft f ° r ^ W d " S t a t e " > t h e ™*> " U ™ "
5. In section 16, sub-section (3) shall be omitted.
Shall be oSmirteed.ti0a ( 2 ) ° f ****** '^ t h e W ° r d S " a ***&**& Magistrate o i *
7. Section 44 shall be omitted.
a. Section 45 shall be omitted.
9. In section 40—
(a) in d a u s e (xUI) of subjection (2), the Words "and of the fe&jfe* of the zilla P a n s h a d appointed under sub-section (a) a t section ;" shall be omitted; and
(b) sub-section (5) shall be omitted.
10. Section 47 shall be omitted.
to S s ^ S n c a t i o n A C t ' ** m o d i f l e d by this ^otiflcatlon, k published aa Aimexura ANNJEXBSUS THE BOMBAY WEIGHTS AND MEASURES {ENFORCEMENT) ACT ID5a \<i EXTENDED TO THE UNION TERRITORY OF PADRA AI\D NAG A * HAVKLl .(BOMBAY ACT LXIX OF LOGS)
CHAPTER I.
PSISLIMINAKY.
1. Short title, exfealt and commencement,—(1) This Act may be called tba Jpmbay Weights and Measures (Enforcement) Act, l')o8.
- •!'! - - UL. .U1JI LLLa V m If extends. t d V e whole of the Union territory of. Dadra and Nagar ifcvelir
(3) It shall come into force on such date as the Administrator U£j&J>2 Notificationin the Official Gazette, appoint; and different dates m a y b e appointed for Afferent p rov i s i cn f § this Act, or for different areas, or for different classes of undertakings, or for different classes of goods.
' 2 . Definitions.—In this Act unless the context utherwise requires,—
(a) "Administrator" m e a n s - t h e Administrator of the Union, territory of Dadra and .Nagar H&veli; ,-- / aa ) "commercial weight or measure" means a weight or measure purport- < a a j comme a a & j g g ^ w e i g M o r m e a s u r e used in any transaction for trade or commerce;
<b) "Controller*' means the Controller of Weights and Measures appointed under section 16;
•(c) "Inspector" means an Inspector of Weights and Measures appointed m under section 15;
(d) "measuring instrument" means any measuring instrument other than a.
• WSm§' instrument and includes any instrument • for measuring length, area, volume or capacity;
(e) "Mint" means the mint of the Central Government either in Bombay or in Calcutta;
(f) "prescribed" means prescribed by rules made under this Act;
ts) "reference standards" means the sets of standard weights and measures , ( E ) /uppHed to the Administrator by the Central Government in pur suance of sub-section (2) p E w f e * \\SLP* S t a n d a r d s o f W e l g h t 9 and Measures Act, 1956 (LXXXIX of 1956);
fee) "sealed package or container", means a closed packet, bottle casket, t in, {g*} " S E W S ? receptacle, bag, sack, wrapper or any o t h e r ' t h i n g ^ w M c h any article is placed or packed, and which is intended t o . b e s f | .
with its contents without any weighment or measurement of succ contents at the t ime of sale.
*K1 "standard weights or measure" means any unit of mass or measure Weights and Measures Act, 1956 (LXXXIX of 1956);
m "stamoinE" means marking In such manner as to be, so far as practi- ^ cable Adenble and includes casting, engraving, etching and branding;
(ii) "use in transaction for trade or commerce'/ means use for the purpose ( ' of determining or declaring the quantity of anything m terms of measurernent of length, area, volume, capacity or weight in or ffl . - connection with— U any contract, whether by way of sale, purchase, exchange or other- ^ wise; or
(b) any assessment of royalty, toll, duty or other dues; or fcl the assessment of any work done or services rendered, otherwise ( than in r e S i o n to research or scientific studies or m individual households for household purposes (,j> "Union territory" means the,Union territory of Dadra and Nagar Haveli;-.„.
•n-n •'vP-inriHon" with its" grammatical variations, used with ' reference to U 3 ) S S measure or weighing or measuring instrument, includes or vSgh ing or measuring instrument, and also includes re-venficatmn, tK) "•velflhin" instrument" means any instrument for weighing and includes - » S S with the weights belonging thereto, scale-beams, o u n c e s , spring balances, steel yards and other, weighing machines.
file:////SLP* http://to.be CHAPTEH II STANDARD WEIGHTS AND MEASUKZS
8. Working standard.—(1) For the purpose of verifying th« correctness at commercial weights and measures and weighing and measuring instruments used in transactions fo r , t r ade or commerce, the Adminis trator may cause to be p re pared as many sets" of authcnticaced standard weights and measures as lie may deem necessary to be called the working standards.
(2) The working standards shall be made of such material, and according to such designs and specifications, and shall be prepared by such agency, and shall be stamped and authenticated by such person or authori ty , and in such manner, as may be prescribed.
(3) The working standards shall be kept at such places, in such custody, and in such manner as may be prescribed.
(4) A working standard shall be verified with the secondary s tandard and marked by such persons, at such places, at such Intervals, and in such manner, as may be prescribed:
{5) A working standard which is not so verified and marked within the pres cribed period shall not be deemed legal, or be used for the purposes of this Act, (6,) A working standard which has become defective shall not be deemed legal, or be used for the purposes of this Act, until it has been verified and marked in the prescribed manner.
4. Secondary standards.—(1) For the purpose of verifying the correctness of the working standards, the Administrator may cause to be prepared at the Mint as many sets of authenticated standard weights and measures as he may deem necessary, to be called the secondary standards.
(2) The secondary standards shall be made of such material, and according to such design and specifications, as may be prescribed, and shall be stamped and a; ,henticated by such person or authority, as the Central Government may direct.
vt '(3) The secondary standards shall be kept at such places, in such custody, and in such manner, as may be prescribed.
f4> A secondary standard shall be verified with the reference standard at leasf once in every period of five years and shall be marked with the date of verification in the prescribed manner by such person or authority as the Administrator may direct.
(5) A secondary standard which is not so verified and marked within the afore said period, shall not be deemed legal, and shall not be used for the purposes of this Act.
5. Reference standards.—The reference standards shall be kept at such places* in such custody, and in such manner, as the Administrator may direct.
6. Standard weighing and measuring instruments.—(1) For the purpose of verifying the correctness of commercial weights and measures and of weighing and measuring instruments used in transactions for t rade or commerce, the Administrator may cause to be prepared as many sets of weighing and measuring instruments as he may deem necessary.
(2) Such instruments shall be of such kind, kept in such number, and shall be /erified and stamped in such manner, as may be prescribed.
(3) Such instruments shall be kept at all places where secondary standards or working standards are kept.
7 Prohibition of use of weights and measures other than standard weights and measures.—(1) Notwithstanding anything contained in any other law or any custom, usage or practice, no unit of mass or measure, oth~r than the s tandard weights or measures, shall be used in any transactions for t rade or commerce in any area or class of Roods or undertakings in respect of winch this sevtian has came into force; or be kept in any premises where such transactions are usually conducted.
4 _ '(2) Any custom, usage, practice or method of whatever nature which permits in any trade, a trader, seller or-buyer to demand, receive, or cause to be demanded or received, any quantity of articles in excess of> or less than, the quantity fixed by the weight or measure by which the contract or dealing in respect of. the said articles has been made, shall be void.
(3) Any transaction, dealing or contract made or had after the expiry of th ree months from the commencement of this section .shall, in so .far as i t contravenes the provisions of sub-section (1), be void.
8. Power to prescribe use of weights only or measures only, in certain cases.—
(1) Notwithstanding anything contained in this Act, the Administrator may, by notification in the Official Gazette, direct that in any specified trade or eiiiss of trades, no transactions, dealing or contract shall be made or had, except by weight only, or except by measures only.
(2) A notification issued under this section shall take effect in "such area, with effect from such date, and subject lo such conditions, if any, as may be specified therein.
CHAPTER III VERIFICATION AND STAMPING OF WEIGHTS AND MEASURES
9. Marking of denominations on commercial weig-hts and measures. Every weight or measure manufactured for use as a commercial weight or measure shall bear the denomination of the weight or measure which it purports to be marked legibly on it, in such manner as may be prescribed.
10. Prohibition of sale of unstamped commercial weights and measures. No commercial weight or measure or weighing or measuring instrument shall" be sold or delivered, unless it has been verified or reverified in accordance with the rules made under this Act, and stamped in the prescribed manner by an Inspector with a stamp of verification.
11. Prohibition of use of unstamped commercial weights or measures*-*fc§£ Weight or measure or 'weighing or measuring Instrument sha l l ' b e used in any* transactions m trade or commerce, unless it has been verified or reverified in accordance with the rules made under this Act, and stamped in the prescribed manner hy an Inspector, with a s tamp of verification.
• 12. Power of State Government to exempt.—Where the size of .a commercial weights or measures renders it impracticable to have any denomination marked.
on it under the provisions of section 9, or to be stamped under the provisions of section 10 or section 11, the Administrator may, by notification in the Official Gazette, exempt such weight 'or measure from being so marked or stamped.
13. Prohibition of manufacture, etc. of weights and measures without licence No person' shall, in the course of trade, manufacture, repair or sell any commer cial weight or measure or any weighing or measuring instrument, unless he -has obtained in the prescribed manner a licence in this behalf, which may -be granted by the Administrator or any officer authorised by him in this behalf, subject to such conditions as may be prescribed.
. ' • i 14. Marking of Weight or measure in sealed containers.—No person shall sell offer for sale, expose for sale, or have in his possession for sale, any article contained in a sealed package or container unless such package or container bears thereon," or on a label securely attached thereto, a description of the net weight m measure of the article contained therein:
" P a d d e d that, the provisions of this section shall nof apply to— , (a) ai^"• sealed package or container— r I
(i) of L>et weight of less than one hundred and twenty grammes, if .&* set led package or container contains biscuits, confectionary or swe**!; and .(11) of net •m&ry&A of less than sixty grammes, if the sealed package OP contains). contains any other food-stuff; - fr .fh) any other article sold, offered for sale, exposed £& sale which 1, no* SSSS? S transactions-for trade or commerce by wdgnt *£ • Provided further that, the Administrator may, if it fa satisfied that the- I ; size of s n y c l a s s o f s u c h p a e k a R 6 g Gr 'containers rende^i? imnracti Z SSSfiWWSS^ c l a s s * ^ a c k a ^ • con ta in * • * s S S M f f i f i M f r J ^ S a ™d M ^ J ^ p o l l e r s . Awirtant Cone.wcse any power or dischargo a w dug J K S g 5 f i f « ! B S 5 S S 5 « S i appointed in this-feehalf by the"controller? ^dic t ion, as may be *** ^^SxHioHS«i^s s--s or are in the possession of a™^0™^„ transactions for trade or commerce.
mav verify Ive™ sSh w e ^ f ft P r ™ ^ W ° n FST Premises for such use. and with a teeaSSr or w % ' £ I S e ° r w . e i^m£ « measuring instrument prescribedfWS Jur?0se E S t a n d a r d 0 r w«ghing or measuring instrument i t purports to contain, the Inspector may break open the sealed package Or con tainer and verity its contents, and- if, on such verification, the net "weight c r measure of the article is found to he correct, the Inspector shall re-seal the pack age or container where it is possible so to do without injury to the contents thereof, and attach a certificate thereto stating the correct weight c measure of the article; but if, on the other hand, the net, weight or measure of the article is found to be incorrect, the Inspector may seize and detain the package and con tainer and the article contained therein. . ' , .
li
(6) For the purpose of such inspection, an Inspector may,. .at all reasonable times, enter into any place where weights, measures or weighing or measuring instruments are used or kept for use in transactions for t rade or commerce, and inspect such weights and measures and weighing and measuring instruments.
18. Power Inspectors adjust weights or measures.—Where it appears to the Administrator desirable that an Inspector should be allowed in any area to adjust the weights or measures or weighing or measuring instruments, he may, .if he thinks fit, authorise such Inspector to adjust weights and measures or such instruments accordingly.
19. Manufacturers, etc. to maintain records and documents.— (1) Every manu facturer, repairer or dealer in weights and measures or weighing or measuring instruments, and every person using them in transactions for trade or commerce, shall maintain such records and accounts as may be prescribed if required so to do by an Inspector, and shall produce such records and accounts before him in such manner as may be prescribed.
(2) Notwithstanding anything contained in sub-section (1), if the Administra tor is of opinion that have regard to the nature of business carried on by any such manufacturer, repairer or dealer, it is necessary so to do, he may, by order exempt such person or class of persons from the operation of that sub-section.
20. Appeals.—(1) Subject to the provisions of sub-section (2), an appeal shall
(a) from every decision of an Inspector or Assistant Controller or Deputy Controller under this Act to the controller; and • • (b) from every decision of the Controller under this Act not being a deel* ;
sion made in appeal under Clause (a) , to the Administrator or any?
officer specially authorised in this behalf, by the Administrator.
(2) Every such appeal shall be preferred within sixty days from the date of the decision.
(3) On receipt of such an appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard, and after mak ing such enquiry as it deems proper, decide the appeal, and the decision of the appellate authori ty shall be final.
21. Levy of fees.—The Administrator may charge such fees— fa) for the grant of licences under section 13, for the . manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments, and
(b) for the verification, marking, stamping and adjustment of commercial .weights and measures and weighing and measuring, instruments, es may be prescribed.
,22 Validity of weights and measures duly stamped.—A weight or measure o r w e i g h W or measuring instrument, duly stamped by an Inspector under this Act shall he a legal weight or measure or weighing or measuring instrument m all Places m which the relevant provisions e l this Act have come mto.-force, S i l e S it is found to he false or defective, and shall not be h a b l e t o be re-stamped by reason merely of the fact that it is used in any place other than that in which it was originally stamped.
CHAPTER IV PENALTIES 23 Penalty for sale oi* delivery by weight or measure or for keeping uni t of mJs'or measure other than s tandard weight ^r m e a s u r e . - W h o e v e r after• t he 3 3 r * 5 three months from the commencement of this section sells or pauses to be TMOT H&WerTor causes to be delivered, in the course of any transaction, for.
• ^ S S l S S S ^ ^ S ^ a f t 1 ° f ^ l ^ ^ ^ e other or measure other than t h T f f i a r d i^fhi,s. or whoever keeps any unit of mas* such transactions are & S ^ S a S ^ S S S ffSSUS S P f f i f t S S ?
or with fine, V w i t h b S P e n ° d W h i c h m a y extend t o ^ r e e months, ing instrument ^ K S S S b S ^ C f i f S f S S J ^ weighing or measurance with the provisions of this A r t ^ f + W 5e ,Venf i edi or stamped m accordpunished with rffi W & V ^ f i ^ f i ^ t ^ S ^ A M ^ ^ ^ Shal1 b e - ^ ^ ^ ^ f f ^ S S c I * ? ^ ^ commercial weight, and meapossession for such u s e / a n y 7 e S S S S f f walk* nr ° r c o m m e r c e > » has in h.s measuring instrument, which faS^Sffifl ^ S T * 0 r . ? n y w e i g*mg or reverifled, or stamped in accordancAvith^^ ™ : d l h , a l , ^ o t b e e n verified, or made thereunder, aha 1 be^ punished f S a f l ? r ° ™ l o n s & £ s | Act and the rules tend to two thousand rupees and fn? a fift <$**** f i th fine which may exin.prisonment for a pertod whic^may Ltend tn ZS&P&* offe.nce> w i t * with both. n m a y e x t e n d ^ three months, or with fine, or i m S u ^ e n f t £ ^ t k f § ^ ^ ^ ^ m m ^ ' m weighing or measuring such trader, such trader, emplovee £? S S ^ T i £ S r a " y ^ P ^ e e or agent of is proved, to have had it &$£ t S r t f f i ^ ? ^ TO^* g ^ t b e contrary commerce. possession for use in transactions for trade or
Explanation 2,—Where anv «Ki»j«J»# <**• „ Instrument is used or posies ed T f ^ w S ^ f ^ ^ weighing or measuring or agent oi a trader, on behalf of such s t r a d e r ™ S S A b y a n y employe!
that the offence under'this i S t S t a ^ S ^ S ^ t ^ S ^ ^ u n l e s s h e P r o v e s out h l s knowledge or consent, he aho d e S l o £ S l t T S T h t S H E ? * " * " evefcoFn£ave yn£ ranS; oi t a l ^ L g ^ ^ ^ ? ^ »* ^ M , 8._Who- Shall be punished wuh ^ ^ E ^ & d P W E 5 % S S S 3 & * * * 8 ' or weighing or measuring instrument w f t l ^ J ^ L S 6 1 ^ weight or measure " sec ion 13, he shall be ^ & S * S K % ^ S j » g f f i F & S f S ^ r e q u i r e d b y to three months, or with fine, or with both? & p e n 0 d w h i c h m a ^ e x t end which may extend to two thousand rupees 1 4 ' s h a U b e » u n ^ e d with fine •^^B^iZJBffS ^ ^ i f ^ ^ L F * ^ * * * o t n e ™ ^ than IB contravenes the S 5 S ? l £ s h a l l ^ J n n i ? f * ^ ^ . - W h o e v e r extend to two thousand rupees punished with fine which may knows to be false, shall be nhnl«hfriFTSNI °r measuring instrument, which he extend to one year o r r * 8 s ? B S f S K g £ J S P " * " * 1 f ° r a p e r i o d w ^ may h| ffpSS&n'of S S ^ B T S S J S ^ W C t h t * m e a S U r e * ^ — W h o e v e r S ^ i F *5PS* t 0 b ^ « S f i S p S S f ? M W f f i ? « S measuring instrument;
shall be punished with imprisonment l o r T n ^ ^ ^ l - ^ a y b e t raudulently used, or with fine, or with both * f ° r a p e r i o d w h l c h mW extend to one year,
31. Penalty for making or selling fatsp w «u i , t l . „ makes, sells,or disposes of, or £ £ £ £ & ^ ^ t S i S ' J ^ ^ ^ - W h o e v e r or measure or weighing or m e f i ? ffi5SSrf%iS*'SS<e?1 o f ' a i l y wei^hi in order that the same may be u ? e d a / n T l ' winch he knows to be false, to be used as true, shall be p i m i s f l vif! L w k n o w i n A t h a t t h s same is likely HUM* to one year, or ^ S S ^ J f f y g d * W | M a * f o r a « l < which may - V :
• j •' * 1 ' 1- i I • .
J 1
2. Penally fsr delivering. or receiving any quantity of article Sfi'sS- tliatt; .*B- txctiiii o'ji, tJbe Quantity, fixed, by the weight or measure in contracts—Whoever**"' <i) in selling any article by weight or measure delivers or" cause* to bar delivered to the purchaser any quantity of that article less than, ot <ii; in buying any article by weight or measure, demands or receives ol" causes to be demanded or received from the vendor any quantity of that article in excess ef> the quantity fixed by weight or measure by which the contract or dealing in res- j pact of that article has been made, shall he punished with fine which may extend to five hundred rupees, 33, Penalty for forging etc. of weights, measures, etc,*—(1) Whoever forges or ~, counterfeits any stamp used under this Act for the stamping of any standard weight or measure or weighing or measuring instrument, or possesses any such counterfeit stamp, or removes a stamp from any standard weight or measure or.
weighing or measuring instrument and inserts the same into another weight or measure or weighing or measuring instrument, or wilfully increases,or diminishes a weight or measure so stamped, shall be punished with inlprisonment for a period which may extend to one year, or with fine, Or with both. \^
(2) Whoever knowingly uses, sells, disposes of, exposes for sale, any weight or measure or weighing or measuring instrument with such forged of confer felt Etarrm thereon, or a weight or a measure so increased or diminished^ shall be .
punished with imprisonment for a period which may extend to six months, or with.
fine, or with both,
34. Penalty for neglect or refusal to produce weight or measure, etc. for inspee* tion.—Whoever—
(a) refuses or neglects to produce for inspection under section 17, anyweight or measure or weighing or measuring instrument, or- any document or record relating thereto, in his possession or on his premises; or
(b) refuses to permit an Inspector to inspect and verify any such Weight, measure, instrument, document Or record; or ;j
(c) obstructs the entry of an Inspector under section 17; or ,•;
(d) otherwise obstructs or hinders an Inspector in the performance of hi&jf'" duties under this Act, .;
shall be punished with fine which may extend to five hundred rupees:
35 Penalty for breach of duty by Inspector.—If an Inspector knowingly' stampsa weight or measure or weighing or measuring, mstrument, in contravention of the provisions of this Act or of the rules made thereunder, or is guilty of a breach of anv dutv imposed on him by this Act or the rules made thereunder; he shall be-punished with imprisonment'for a period which may extend to one year, or, with fine, or- with bom, 36 Forfeiture.—Any weight or measure, or weighing or measuring instrument which is not authorised by this Act, shall be forfeited to the Administrator. . $ " • ' • ' ' ' ' • • • • : \
CHAPTER V • MISCELLANEOUS ^ , 37 Controller, etc. to be public servants.—The Controller, Deputy Controllers Assistant Controllers and Inspectors appointed under this Acf shall be deemed to be public servants within the meaning Of section 21 of the Indian Penal Code.
(XLV of 1860).
38 Protection of action taken in good faith.—No suit, prosecution or- other - legal proceeding shall lie against the Controller, or any Deputy or Assistant Con-. f» troller of Weights and Measures or any Inspector or any other person, in respect of anything which is in good faith done or intended to be done, in pursuance of this Act or the rules made thereunder, 38A Compounding of offences.—(1) Any ofrence punishable under section 23,
24. 25 28 27 23 32 or 34 other than a second or subsequent offence under Sec tion 23 or section 25 may, cither before or after the institution of the prosecution, .
be compounded by the Administrator or by any other authority authorised in trust behalf bv the Administrator on payment of such sum as the Administrator or such.
authority, as the case may be, thinks fit. - . : - ,, \ i • * .
<2) Gh payment by the offender of such sum, th^oflendeVjfJiv'eustQay, shall be set at liberty,- and if any proceedings in a n y criminal court'have been institut ed against the offender in respect of the offence, the composition shall be deemed to amount to an acquittal, and no further criminal proceedings shall be taken ag'ainsTttinv in respect Of such offence.
39 Cognizance of offences, etc.—(1) No court - shall takei cognizance• oi- an offence'punishable tinder this Act except upon-complaint, in writing made by the Controller o r any officer authorised in this behalf by the Controller by1 general or special order.
(2)"NQ. court, infer.ipr to. that of a Magistrate of the first: class, shall: try any offence punishable under this: Act;
40 Stamped weight, eta,- to be presumed to be correct.—A weight; or measure or weighing or measuring instrument duly stamped Under the provisions e*> this Act arid; the rules made thereunder, shall be pTesusned to-be. correct. until _ its inaccuracy is proved,' if' this is produced in any court-bv any Inspector having charge.thereof or by any person acting under the generator special authority, oi the' Controller.
41 Oftfences: by companies— (1) If the person committing an offence under this Act isM company, every person who, at the time the offence was^cornmitted,. was l a charge of, and was responsible to the company for the cpnduct :ofthe ;-busmess of S o m p a n v as well as the company, shall be deemed to be. guilty of the-offence and sjiali be liable to be proceeded against and punished accordingly.:
Provided that nothing contained in this sub-section- shall render- any such person liable tP punishment if he proves that the offence was committed without ^ k n o w l e d g e or that he exercised all d he diligence to, prevent the ; commission of atich offence;
m Notwithstanding anything contained in sub-section (1), where an offence una® this Act h a f b ^ . c o m m i t t e d by a company and it is proved that the offence ha^ been committed'with the consent or connivance1 of, or is attributable to any S S n t e S of, any director, manager secretary or- other officer such director manager, secretary or other officer shall.also be deemed to be guilty of t ha f offend and siiall be liable to be proceeded against: and punished accordingly.
Explanation.—For the purposes of this sectipn-r-
(a) "company" means anybody corporate and includes a firm or other association of individuals; and
(b) "director", m relation to a firm, means a partner in the Arm.
42 Delegation of powers.—The Administrator may, by notification in the Offi- «'a rZrVfte direct that any' power exercisable by him under this Act or the rulesSade t h e r e u n d e s L l l V r e l a t i o n to such matters and subject to such condi- 8 8 6 ™s may be specified in-the direction, be exercisable .also by such officer or S i h o r i t y O r d i n a t e to the Administrator as may be specified m the notification.
43 Limits of error to be tolerated in weights and measures,—Subject, to any r U i S ' t h ^ m a y be made under the Standards pf Weights and Measures Act, 1956 ( S I x x S oi! 1956) in thisf behalf, the Administrator njay prescribe the limit of error which may be tolerated— U) iit' secondary standard referred to in section 4;
(b) in working standards referred to in section 3;
<cl in commercial weights and measures or in selling articles by weight or ™ m e a X e generally, or as regards any trade or clas* of trades; and •<d) in weighing and measuring instruments. ^ *+• • 49 rower to make rules.—(1) The Administrator may, by notification in th« Ogicikl Gazette, make rules to carry out the purposes of this Act.
f& In re t i cu la r and without prejudice to the generality of the foregobiit power, such rules may provide for all or any of the followmg matters, namely: - <U th» materials of which and the designs and specifications according to ^hiVh rtfa working standards shall be made, the agency by wtuch they shall be p ' r e m r l d ? h e % £ b y w h o m , or the authority by which, and the manner in w h i c h t h e y shall be stamped and authenticated under sub-section (2) of section 3;
(ii) the places at which, and the custody and manner in which, the wprkr log "tandards shall be lcept under sub-section £?) of section 3?
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(tti) the persons by whom, the places and intervals at which and tfa> man lier m which, the working standards shall be marked under sub-section (4) o« section 3;
j (iv) the manner in which working standards which have become defectivs shall be verified under sub-section (6) of section 3;
(V) the material of which, and the designs and specifications according to which, the secondary standards shall be made under sub-section (2) pf section 4- ' <vi) the places at which, and the . custody and manner in \vhich the secondary standards shall be kept under sub-section (3) of section 4;
(viil the manner in which secondary standards shall be marked with the •date of verification under sub-section (4) of section 4;
(mm the number and kind of weighing and measuring instruments, ana the manner m which they shall be verified and stamped under sub-section (2) of section 6; . - <., ..
fix) the materials of which, and the designs and specifications according to which c ^ r n S c H weights and measures and weighing and ..measuring inslru, m S ' s h S " b e m a d ^ a l d the sale of such weights, measures and instruments;
(50 the maimer in which the denomination of commercial weights and,.
measures shall be marked under section 9; _ rwtt ««* manner in which commercial weights or measures or weighing or . m e £ 2 i S i S S S S l S S V v e r i n e d , reversed and stamped under section 1 0 \ x i » the form and manner in which, and the conditions subject to -which, •fSSSLJ d&^SSSSi-measuring instruments, and by persons using them, S ^ m a S e f i n ^ S c h T u c h w o r d s and accounts shall be produced for ^ x v i M h e form and manner in which appeals may be preferred under section 20; c h a rged for the grant of licences and for verification, m a r E S rtanjKg a n ? adjustment of commercial weights and measures and £ d C ° n ^ f W a " l c & . a n g e n S a i y f or £ r e g i d s l n y trade or class of trades, * ^ d ? C otter matter whieh 1, to be. or may be. prescribed.
T *« «M!<vft«a 3nd measures, etc., used in unit or establish
46A. Act not to ^ V v M e l E K Act shall apply to weights m t of Armed f j n g j l * * J g S ^ g g S ^ used by or in any unit oa ^ ? K t d f f l B ? S « of the Union. J estaolislmient of tne Armeu ™ ^ R 10/7/65-UTL-78.3 I . . K. R. PBABHU, Dy. Sec*.
GMGIPND-IOB 11-123 HA JC 2314-13-3-65-60 .. ? , file:///vhich