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Section 13

The West Bengal Standards Of Weights And Measures ( Enforcement ) Act, 1958State Act of West Bengal · Act 23 of 1958

(1) The State Government may appoint a Controller Appoint.

of Weights and Measures and as many Deputy Controllers molt of of Weights and Measures, Assistant Controllers of Weights tuty'll"' Dep and Measures and as many Inspectors of Weights and Controllers, Measures, as may be necessary for exercising the powers andmoistoat discharging the duties conferred and imposed on them by (3°Entllers and Inspeo• or under this Act. ton.

(2 The State Government may, by general or special older, define the local limits within which each Inspector shall exercise the powers and discharge the duties conferred and imposed on Inspectors by or under this Act.

(3) Subject to the provisions of this Act, all Deputy Controllers, Assistant Controllers and Inspectors shall perform their functions under the general superintendence and control of the Controller; and the Controller, the Deputy Controllers and the Assistant Controllers may, in addition to the powers and duties Conferred and imposed on them by and under this Act, exercise any power or discharge any duty so conferred or imposed on Inspectors.

(1) The State Government or the Controller, if so authorised by the State Government, may appoint such other persons as may be necessary for carrying out the purposes of this Act.

6 The West Bengal Standards of Weights and Measures (Enforcement) Act, 1958.

[West Ben. Act • (Chapter III.—Verification and Stamping of Weights and Measures.—Sections 11, 15.)

Verification 14. (1) An Inspector shall, for the purpose of verifiesand stomp- tion of weights and measures and weighing instruments and b,y measuring instruments, attend at such place and time within '''''Pee'ors. his jurisdiction as may be appointed in this behalf by the Controller.

(2) An Inspector shall verify every weight or measure or weighing instrument or measuring instrument which is brought to him for the purpose of verification in accordance with such rules as may be prescribed.

(3) If, on such verification, the Inspector finds the weight or measure or weighing instrument or measuring instrument correct, he shall stamp the same with a stamp of verification in the prescribed manner; but, if on the other hand, he finds the weight or measure or weighing instrument or measuring instrument incorrect and defective, he shall refuse to stamp the same with a stamp of verification and obliterate the denomination mark on such weight or measure.

Power to 15. (1) An Inspector may, within the area under his insPect,eboe jurisdiction, inspect, at such times as may be prescribed, the weights or measures or weighing instruments or measuring instruments which are used in transactions in trade or commerce or are in the possession of any person or are on any premises for such use and may verify every such weight or measure or weighing instrument or measuring instrument in accordance with the provisions of section 14.

(2) Au Inspector may, at such times as may be prescribed, require any person engaged in any trade or commerce or any employee or agent of such person to produce before him for inspection all weights, measures, weighing instruments and measuring instruments which are used by him or are in his possession or are kept on any premises used for trade or commerce and all documents and records relating thereto and such person, employee or agent shall comply with such requirement.

(3) An Inspector may seize any weight or measure or weighing instrument or- measuring instrument regarding which an offence under this Act appears to have been committed or which appears to have been, or which might be, used in the commission of such an offence, and may also seize any article sold or delivered or caused to be sold or delivered which has been weighed or measured by such weight or measure or weighing instrument or measuring instrument together with any documents or records relating to the transaction.

(4) Where an Inspector has reasons to believe that a sealed package or container purporting to contain any net weight or measure of any article ordinarily sold by weight The West Bengal Standards of Weights and 7 Measures (Enforcement) Act, 1958.

XXIII of Thal (Chapter 111.—Verification and Stamping of Weights and Measures.—Beetions 16, 17.)

or measure does not actually contain the net weight or measure of the article which it purports to contain, the Inspector may, in the presence of witnesses, break open the sealed container and verify its contents.

(5) If, on such verification, the net weight or measure of the article is found to be correct, the Inspector shall.

tender the fair price thereof and may require a written acknowledgment therefor.

(6) If, on the other hand, the net weight or measure of the article is found on such verification to be incorrect, the Inspector may seize the package or container and the article contained therein, after tendering the fair price thereof where the seizure is made from any person other than tte manufacturer, and may file a complaint against the manufacturer for contravention of the provisions of section 12.

16. Every manufacturer or repairer of, or dealer in, tMainfaeweights or measures or weighing instruments or measuring to maintain instruments, and every person using them in any transan- records and tion shall maintain such records and accounts as may be &laments.

prescribed.

Where this provision sits

ActThe West Bengal Standards Of Weights And Measures ( Enforcement ) Act, 1958
Section13
JurisdictionState of West Bengal
StatusIn force as published by the source

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