The Andhra Pradesh Weights and Measures (Enforcement) Act, 1958.

THE ANDHRA PRADESH WEIGHTS AND MEASURES (ENFORCEMENT) ACT,
1958
ACT No. I OF 1959
ARRANGEMENT OF SECTIONS
SECTIONS
CHAPTER - I
PRELIMINARY
1. Short title, extent and commencement
2. Definitions
CHAPTER-II
STANDARD WEIGHTS AND MEASURES
3. Working standards
4. Secondary standards
5. Reference standards
6. Standard weighing and measuring instruments
7. Prohibition of use of weights and measures otherthan standard
weights and measures
8. Power to prescribe the use of weights only, or measures only in
certain cases
CHAPTER III
VERIFICATION AND STAMPING OF WEIGHTS AND MEASURES
9. Stamping of denomination on commercial weightsand measures.
10. Prohibition of sale of unstamped commercialweights and
measures.
11. Prohibition of use of unstamped commercialweights or
measures.
12. Power of Government to exempt
13. Prohibition of manufacture etc., weights and measures without
licence
14. Stamping of weights or measures on sealedcontainers.
15. Appointment of Controller, Assistant Controller andInspectors.
16. ...
17. ...
18. Power of Inspector to adjust weights or measures.
19. Manufacturers, etc., to maintain records anddocuments.
20. Appeals.
21. Levy and collection of fees.
22. Validity of weights and measures duly stamped.
CHAPTER - IV
PENALTIES
23. Penalty for sale or delivery by weight and measureother than
standard weight or measure.
24. Penalty for sale of unstamped commercial weightsand
measures.
25. Penalty for use of unstamped commercial weightsand
measures.
26. Penalty for use of weight or measure incontravention of section
8.
27. Penalty for manufacture of weight, etc., withoutlicence.
28. Penalty for failure to stamp weight or measure onsealed
containers.
29. Penalty for fraudulent use of weights, measures,Etc.
30. Penalty for being in possession of false weight,measure etc.
31. Penalty for making or selling false weight ormeasure etc.
32. Penalty for forging, etc., of stamps, weights,measures, etc.
33. Penalty for giving short weight or measure.
34. Penalty for neglect or refusal to produce weight ormeasure,
etc., for inspection.
35. Penalty for breach of duty by Inspector.
36. Power to compound offences.
CHAPTER - V
MISCELLANEOUS
37. Protection of action taken in good faith.
38. Controller, etc., appointed under the Act to be publicservants.
39. Cognisance of offences, etc.
40. Stamped weights etc., to be presumed to becorrect.
41. Offences by Companies.
42. Delegation of powers.
43. Limits of error to be tolerated in weights andmeasures.
44. Repeal.
45. Power to make rules.
46. Power to remove difficulties.
47. Repeal of Andhra Pradesh Ordinance No.1 of 1958.
THE ANDHRA PRADESH WEIGHTS AND MEASURES (ENFORCEMENT) ACT,
1958
ACT No. 1 of 1959
[2nd January, 1959]
AN ACT TO PROVIDE FOR THE ENFORCEMENT OF STANDARD WEIGHTS
AND MEASURES AND FOR MATTERS CONNECTED THEREWITH.
BE it enacted by the Legislature of the State of Andhra Pradesh in the Ninth
Year of the Republic of India as follows:-
CHAPTER I
PRELIMINARY
1. Short title, extent and commencement- (1) This Act may be called
the Andhra Pradesh Weights and Measures (Enforcement) Act, 1958.
(2) It extends to the whole of the State of Andhra Pradesh.
(3) It shall come into force on such date as the State Government may,
by notification in the Andhra Pradesh Gazette appoint; and different dates may
be appointed for different provisions of this Act or for different areas or for
different classes of undertakings or for different classes of goods, by
notifications issued from time to time.
2. Definitions - In this Act, unless the context requires,-
(a) 'commercial weight or measure' means a weight or measure
purporting to be a standard weight or measure used in any
transaction for trade or commerce;
(b) 'Controller' means the Controller of Weights and Measures
appointed under section 15;
(c) 'Government' means the State Government;
(d) 'Inspector' means an Inspector of Weights and Measures
appointed under section 15;
(e) 'measuring instrument' means any measuring instrument other
than a weighing instrument and includes any instrument for
measuring length, area, volume or capacity;
(f)'Mint' means the mint of the Central Government either in
Bombay or in Calcutta;
(g) 'prescribed' means prescribed by rules made under this Act;
(h) 'reference standards' means the sets of standard weights and
measures supplied to the Government by the Central Government
in pursuance of sub-section (2) of section 15 of the Standards of
Weights and Measures Act, 1956 (Central Act 89 of 1956);
(i) 'stamping' means marking in such manner as to be, so far as
practicable, indelible and includes casting, engraving, etching and
branding;
(j) 'standard weight or measure' means any unit of mass or
measure referred to in sub-section (1) of section 13 of the
Standards of Weights and Measures Act, 1956 (Central Act 89 of
1956) and includes any other weight or measure permitted to be
used by the Central Government in pursuance of sub-section (1) of
section 14 of that Act;
(k) 'verification' with its grammatical variations and cognate
expressions used with reference to a weight or measure or
weighing or measuring instrument, includes the process of
comparing, checking or testing such weight or measure or
weighing or measuring instrument and also includes re-
verification;
(l) 'weighing instrument' means any instrument for weighing and
includes scales with the weights belonging thereto, scale-beams,
balances, spring balances, steel yards and other weighing
machines.
CHAPTER II
STANDARD WEIGHTS AND MEASURES
3. Working standards - (1) For the purpose of verifying the correctness of
commercial weights and measures and weighing and measuring instruments
used in transactions for trade or commerce, the Government may cause to be
prepared as many sets of authenticated standard weights and measures as
they may deem necessary to be called the working standards, and special sets
of working standards in relation to bullion and precious stones may also be
prepared.
(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 authority 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 standard and
stamped by such persons at such places, at such intervals and in such manner
as may be prescribed:
Provided that a special working standard in relation to bullion and
precious stones shall be verified with the reference standard.
(5) A working standard which is not so verified and stamped within the
prescribed 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
stamped in the prescribed manner.
4. Secondary standards- (1) For the purpose of verifying the correctness of the
working standards, the Government may cause to be prepared at the Mint as
many sets of authenticated standard weights and measures as they 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 authenticated by such person or authority as the Government
may direct.
(3) The secondary standards shall be kept at such places, in such
custody and in such manner as may be prescribed.
(4) A secondary standard shall be verified with the reference standard at
least once in every five years and shall be stamped with the date of verification
in the prescribed manner by such person or authority as the Government may
direct.
(5) A secondary standard which is not verified and stamped as aforesaid
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 Government 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 trade or commerce, the
Government may cause to be prepared as many sets of weighing and
measuring instruments as they may deem necessary.
(2) Such instruments shall be of such kind, kept in such manner and
shall be verified 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, other than the
standard weights or measures shall be used in any transaction for trade or
commerce or any dealing or contract or for any work to be done or goods to be
sold or delivered in any area or class of goods or undertakings in respect of
which this Act applies.
(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 article 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 article, has been made, shall be void.
(3) Any transaction, dealing or contract made or had after the expiry of
three months from the commencement of this Act shall, in so far as it
contravenes the provisions of sub-section (1) be void.
8. Power to prescribe the use of weights only, or measures only in certain
cases - (1) Notwithstanding anything contained in this Act, the Government
may, by notification in the Andhra Pradesh Gazette, direct that in any specified
trade or class of trades no transaction, dealing or contract shall be made or
had except by weight only, or except by measure only.
(2) A notification issued under this section shall take effect in such area,
with effect from such date, and subject to such conditions, if any, as may be
specified therein.
CHAPTER III
VERIFICATION AND STAMPING OF WEIGHTS AND MEASURES
9. Stamping of denomination on commercial weights and measures- Every
weight or measure manufactured for use as a commercial weight or measure
shall bear the description of the weight or measure which it purports to be
stamped 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 re-verified and stamped in the
prescribed manner.
11. Prohibition of use of unstamped commercial weights or measures - No
weight or measure or weighing or measuring instrument shall be used in
transactions in trade or commerce unless it has been verified or re-verified and
stamped in the prescribed manner.
12. Power of Government to exempt - Where the size of commercial weight or
measure renders it impracticable to have any denomination stamped on it
under the provisions of section 9, section 10, or section 11, the Government
may, by notification in the Andhra Pradesh Gazette, exempt such weight or
measure from being so stamped.
13. Prohibition of manufacture etc., weights and measures without
licence - No person shall, in course of trade, manufacture, repair or sell any
commercial weight or measure or any weighing or measuring instrument,
unless he has obtained in the prescribed manner a licence in this behalf from
the Government or any officer, authorised by them.
14. Stamping of weights or measures on 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 or measure of the article contained therein:
Provided that the provisions of this section shall not apply to an article
sold, offered for sale, exposed for sale or in possession for sale which is not
ordinarily sold in transactions for trade or commerce by weight or measure.
15. Appointment of Controller, Assistant Controller and Inspectors - (1)
The Government may appoint a Controller of Weights and Measures for the
State and as many Assistant Controllers and Inspectors of Weights and
Measures as may be necessary for exercising the powers and discharging the
duties conferred or imposed on them by or under this Act.
(2) The Government may, by general or special order, define the local
limits within which each Inspector shall exercise the powers and discharge the
duties conferred or imposed on Inspectors by or under this Act.
(3) Subject to the provisions of this Act all Assistant Controllers of
Weights and Measures and Inspectors shall perform their functions under the
general superintendence and control of the Controller; and the Controller and
the Assistant Controllers of Weights and Measures may, in addition to the
powers and duties conferred or imposed on them by or under this Act, exercise
any power, or discharge any duty so conferred or imposed on Inspectors.
(4) The Government may also take from each Inspector such security and
in such form as may be prescribed for the due discharge of his functions and
duties under this Act.
16. (1) Every Inspector shall, for the purpose of verification of weights and
measures and weighing and measuring instruments, attend at such place and
time within his jurisdiction as may be appointed in this behalf by the
Controller.
(2) The Inspector shall verify every weight or measure or weighing or
measuring instrument which is brought to him for the purpose of verification
and if finds such weight or measure or weighing or measuring instrument
correct and in conformity with the Standards of Weights and Measures Act,
1956 (Central Act 89 of 1956), and the rules made thereunder, he shall stamp
the same in the prescribed manner.
17. (1) An Inspector may, within the area under his jurisdiction, inspect and
search at all reasonable times, the weights, measures and weighing and
measuring instruments which are used in transactions for 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 or measuring instrument
with a working standard or weighing or measuring instrument prescribed for
the purpose.
(2) (a) Where a premises used for trade is partly used by the trader for trade
and partly for dwelling purposes, the whole of such premises shall, for the
purposes of this Act, be deemed to be premises used for trade.
(b) Where a premises used for trade is used by a trader partly for
trade and partly for storing articles for trade, or where any other
premises is used for storing of articles for trade, the premises in
either case, shall for the purposes of this Act, be deemed to be the
premises used for trade.
(3) For the purpose of verifying the correctness of any weight or measure
used in any transaction, an Inspector may also verify the weight or measure of
any article sold or delivered in the course of the transaction.
(4) An Inspector may, at all reasonable times, require any trader or any
employee or agent of a trader to produce before him for inspection all weights,
measures, weighing and measuring instruments which are used by him or are
in his possession or are kept on any premises used for trade and all documents
and records relating thereto, and such trader, employee or agent shall comply
with such requirements.
(5) An Inspector may seize and detain any weight or measure or weighing
or measuring instrument regarding which an offence under this Act appears to
have been committed or which appears to have been, or might be, used in the
commission of such an offence, and may also seize and detain any article sold
or delivered or caused to be sold or delivered by means of such weight or
measure or weighing or measuring instrument together with any document or
record relating thereto.
(6) Where an Inspector has reason to believe that a sealed package or
container does not actually contain the net weight or measure of the article
which it purports to contain, the Inspector may break open the sealed package
or container and verify its contents; and if, on such verification, the net weight
or measure of the article is found to be correct, the Inspector shall re-seal the
package or container where it is possible so to do without injury to the
contents thereof and attach a certificate thereto stating the correct weight or
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 or container and the article contained therein.
(7) 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 trade or
commerce and inspect such weights and measures and weighing and
measuring instruments.
18. Power of Inspector to adjust weights or measures - Where it appears to
the Government desirable that an Inspector should be allowed in any area to
adjust the weights or measures or weighing or measuring instruments, they
may, if they think fit, authorise such Inspector to adjust and repair the weights
and measures or such instruments accordingly.
19. Manufacturers, etc., to maintain records and documents - (1) Every
manufacturer, 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
and if required so to do by an Inspector, shall produce such records and
accounts before him.
(2) Notwithstanding anything contained in sub-section (1), if the
Government are of opinion that having regard to the nature of business carried
on by any such manufacturer, repairer or dealer, or any person or class of
persons using them, it is necessary so to do, they 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
lie-
(a) from every decision of an Inspector under this Act, to the
Controller; and
(b) from every decision of the Controller under this Act, not being a
decision made in appeal under clause (a), to the Government or
any officer specially authorised in this behalf by the Government.
(2) Every such appeal shall be preferred within sixty days from the date
of the decision.
(3) On receipt of any such appeal, the appellate authority shall, after
giving the appellant a reasonable opportunity of being heard and after making
such enquiry as it deems proper, decide the appeal and the decision of the
appellate authority shall be final.
21. Levy and collection of fees - (1) The Government may charge such fees as
may be prescribed-
(a) for the grant of a licence under section 13, for manufacture,
repair or sale of commercial weights and measures or weighing and
measuring instruments, and
(b) for the verification, stamping and adjustment of commercial
weights and measures or weighing and measuring instruments.
(2) All amounts payable to Government under this Act or the rules made
thereunder shall be recoverable as arrears of land revenue.
22. Validity of weights and measures duly stamped - A weight or measure or
weighing or measuring instrument, duly stamped by an Inspector under this
Act, shall be a legal weight or measure or weighing or measuring instrument in
all places to which this Act applies unless it is found to be false or defective
and shall not be liable to be restamped 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 or delivery by weight and measure other than
standard weight or measure - Whoever, after the expiry of three months from
the commencement of this section sells or causes to be sold or delivers or
causes to be delivered in the course of any transaction for trade or commerce
any article by any denomination of weight or measure other than one of the
standard weights or measures shall be punishable for a first offence, with fine
which may extend to two thousand rupees, and for a second or subsequent
offence, with imprisonment for a term which may extend to three months, or
with fine, or with both.
24. Penalty for sale of unstamped commercial weights and measures -
Whoever sells or delivers any commercial weight or measure or any weighing or
measuring instrument which has not been verified or reverified and stamped in
accordance with the provisions of this Act and the rules made thereunder shall
be punishable with fine which may extend to two thousand rupees.
25. Penalty for use of unstamped commercial weights and measures -
Whoever uses in any transaction for trade or commerce, or has in his
possession for such use, any commercial weight or measure or any weighing or
measuring instrument which has not been verified or reverified and stamped in
accordance with the provisions of this Act and the rules made thereunder shall
be punishable for a first offence, with fine which may extend to two thousand
rupees, and for a second or subsequent offence, with imprisonment for a term
which may extend to three months, or with fine, or with both.
Explanation I - When any such weight or measure or weighing or measuring
instrument is found in the possession of any trader or any employee or agent of
such trader, or any person on behalf of such trader, such trader, employee or
agent shall be presumed, until the contrary is proved, to have had it in his
possession for use in transactions for trade or commerce.
Explanation II - Where any weight or measure or weighing or measuring
instrument is used or possessed in contravention of this section by any
employee or agent of a trader or any person on behalf of such trader, such
trader shall, unless he proves that the offence under this section was
committed by such employee, agent or person without his knowledge or
consent be also deemed to be guilty of the offence.
26. Penalty for use of weight or measure in contravention of section 8 -
Whoever contravenes any of the provisions of a notification issued under
section 8 shall be punishable with fine which may extend to two thousand
rupees.
27. Penalty for manufacture of weight, etc., without licence - Whoever
manufactures, repairs, or sells any commercial weight or measure or weighing
or measuring instrument, without obtaining a licence as required by section
13, shall be punishable with imprisonment for a term which may extend to
three months, or with fine, or with both.
28. Penalty for failure to stamp weight or measure on sealed containers -
Whoever contravenes the provisions of section 14 shall be punishable with fine
which may extend to two thousand rupees.
29. Penalty for fraudulent use of weights, measures, etc. - Whoever
fraudulently uses any standard weight or measure or weighing or measuring
instrument which he knows to be false shall be punishable with imprisonment
for a term which may extend to one year, or with fine or with both.
30. Penalty for being in possession of false weight, measure etc. - Whoever
is in possession of any commercial weight or measure or weighing or
measuring instrument which he knows to be false, intending that the same
may be fraudulently used, shall be punishable with imprisonment for a term
which may extend to one year, or with fine, or with both.
31. Penalty for making or selling false weight or measure etc. - Whoever
makes, sells or disposes of or causes to be made, sold or disposed of any
standard weight or measure or weighing or measuring instrument which he
knows to be false, in order that the same may be used as true, or knowing that
the same is likely to be used as true, shall be punishable with imprisonment
for a term which may extend to one year, or with fine, or with both.
32. Penalty for forging, etc., of stamps, 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
punishable with imprisonment for a term which may extend to one year, or
with fine, or with both.
(2) Whoever knowingly uses, sells, disposes of or exposes for sale any
weight or measure or weighing or measuring instrument with such forged or
counterfeit stamp thereon, or a weight or a measure so increased or diminished
shall be punishable with imprisonment for a term which may extend to six
months or with fine, or with both.
33. Penalty for giving short weight or measure - Whoever in selling any
article by weight or measure, delivers or causes to be delivered to the
purchaser less than what is purported to be sold shall, if the deficiency exceeds
the prescribed limit of error, be punishable with fine which may extend to three
hundred rupees.
34. Penalty for neglect or refusal to produce weight or measure, etc., for
inspection - Whoever-
(a) refuses or neglects to produce for inspection under section 17
any weight, 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, search and verify any
such weight, measure, instrument, document or record; or
(c) obstructs the entry of an Inspector under section 17; or
(d) otherwise obstructs or hinders as Inspector in the performance
of his duties under this Act,
shall be punishable with fine which may extend to five hundred
rupees.
35. Penalty for breach of duty by Inspector - If an Inspector knowingly
stamps a weight or measure or weighing or measuring instrument in
contravention of the provisions of this Act or of the rules made thereunder, he
shall be punishable with imprisonment for a term which may extend to one
year, or with fine, or with both.
36. Power to compound offences - The Government may authorise any officer
to accept from any person who is reasonably believed to have committed an
offence under this Act or the rules made thereunder, a reasonable sum of
money not exceeding rupees two hundred in each case by way of composition
for such offence. Any proceedings taken against such person in respect of such
offence shall, on payment of such money be withdrawn and no further
proceedings shall be taken in respect of such offence.
CHAPTER V
MISCELLANEOUS
37. Protection of action taken in good faith - No suit, prosecution or other
legal proceeding shall lie against the Controller, or any Assistant Controller of
Weights and Measures or any Inspector or any other person appointed under
this Act 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.
38. Controller, etc., appointed under the Act to be public servants - The
Controller, every Assistant Controller and Inspector appointed under this Act
shall be deemed to be a public servant within the meaning of section 21 of the
Indian Penal Code.
39. Cognisance of offences, etc. - (1) No court shall take cognizance of an
offence punishable under this Act except upon complaint in writing made by
the Controller or any officer authorised in this behalf by the Controller by
general or special order.
(2) No court inferior to that of a magistrate of first class shall try any
offence punishable under this Act.
40. Stamped weights etc., to be presumed to be correct - A weight or
measure or weighing or measuring instrument duly stamped under the
provisions of this Act and the rules made thereunder shall if it is produced in
any court by any Inspector having charge thereof or by any person acting
under the general or special authority of the Controller, be presumed to be
correct until its inaccuracy is proved.
41. Offences by Companies - (1) If the person committing an offence under
this Act is a company, every person who, at the time the offence was
committed, was incharge of, and was responsible to, the company for the
conduct of the business of the company, as well as the company, shall be
deemed to be guilty of the offence and shall be liable to be proceeded against
and punished accordingly:
Provided that nothing contained in this sub-section shall render any
such person liable to punishment if he proves that the offence was committed
without his knowledge or that he exercised all due diligence to prevent the
commission of such offence.
(2) Notwithstanding anything contained in sub-section (1) where an
offence under this Act has been committed by a company and it is proved that
the offence has been committed with the consent or connivance of, or is
attributable to any neglect on the part of, any director, manager, secretary or
other officer, such director, manager, secretary or other officer shall also be
deemed to be guilty of that offence and shall be liable to be proceeded against
and punished accordingly.
Explanation - For the purposes of this section:-
(a)'company' means any body corporate and includes a firm or
other association of individuals; and
(b)'director' in relation to a firm, means a partner in the firm.
42. Delegation of powers - The Government may, by notification in
the Andhra Pradesh Gazette, direct that any power exercisable by them under
this Act or rules made thereunder shall, in relation to such matters and
subject to such conditions, as may be specified in the direction be exercisable
also by such officer or authority subordinate to them as may be specified in the
notification.
43. Limits of error to be tolerated in weights and measures - Subject to any
rules that may be made under the Standards of Weights and Measures Act,
1956 (Central Act 89 of 1956) in this behalf, the Government may prescribe the
limits of error which may be tolerated:-
(a) in working standards referred to in section 3;
(b) in secondary standards referred to in section 4;
(c) in commercial weights and measures or in selling articles by
weight or measure generally or as regards any trade or class of
trades; and
(d) weighing and measuring instruments.
44. Repeal - The following Acts are hereby repealed:-
(1) The Hyderabad Weights and Measures Act, 1356 F. (Hyderabad Act
XIV of 1356 F.)
(2) The Madras Weights and Measures Act, 1948 (Madars Act XXII of
1948).
45. Power to make rules - (1) The Government may, by notification in
the Andhra Pradesh Gazette make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of foregoing
power such rules may provide for all or any of the following matters, namely:-
(a) the material of which and the designs and specifications
according to which working standards may be made, the agency by
which such standards may be prepared, the person by whom or
the authority by which and the manner in which such standards
may be stamped and authenticated; the places at which and the
custody and manner in which such standards may be kept;
(b) the procedure for the verification or reverification and stamping
of working standards, the persons by whom, the places at which,
and the intervals at which, they may be stamped;
(c) the material of which and the designs and specifications
according to which secondary standards may be made, the places
at which and the custody and manner in which such standards
may be kept;
(d) the procedure for verification or reverification and stamping of
secondary standards and the manner in which they may be
stamped;
(e) the number of weighing and measuring instruments to be kept,
the manner in which they may be verified and stamped and
necessary particulars regarding the same;
(f) the manner in which commercial weights and measures may be
stamped by manufacturers;
(g) the form and manner in which, and the conditions subject to
which licences may be granted to persons for manufacture, repair
or sale of commercial weights and measures and weighing and
measuring instruments;
(h) the qualifications, functions and duties generally of Inspectors
under this Act;
(i) the inspection, verification, reverification, adjustment and
stamping of weights and measures, and weighing and measuring
instrument in use in any area including the prohibition of
stamping in case where the nature, denomination, material or
mode of construction of the weight or measure or weighing or
measuring instrument appears likely to facilitate the commission
of fraud and the period within which such weights and measures
weighing and measuring instruments shall be verified or reverified;
(j) the seizure, detention and disposal of weights and measures
which are not authorised by this Act;
(k) the books, accounts and records relating to weights and
measures and weighing and measuring instruments to be
maintained and the manner in which they may be maintained or
produced;
(l) the limits of error which may be tolerated in working or
secondary standards;
(m) the limits of error which may be tolerated in weights and
measures and weighing and measuring instruments used or
intended to be used in transactions for trade or commerce;
(n) the limits of error which may be tolerated in selling articles by
weights and measures generally or as regards any trade or class of
trades;
(o) the form and manner in which appeals may be preferred against
decisions of Inspectors and the procedure for hearing appeals;
(p) the fees which may be charged for the grant of licences under
section 21 and for verification, reverification, stamping, adjustment
and repairing of weights and measures and weighing and
measuring instruments and the collection and levy of the same;
(q) the material, form and specification, and manufacture and sale
of commercial weights and measures and weighing and measuring
instruments;
(r) the circumstances and conditions under which and the manner
in which stamp may be obliterated or defaced;
(s) any other matter which has to be, or may be prescribed.
(3) In making any rule under this section the Government may provide
that a breach thereof shall be punishable with fine which may extend to five
hundred rupees.
(4) All rules made under this section shall, as soon as possible,after they
are made, be laid for not less than fourteen days on the table of the Legislative
Assembly and shall be subject to such modifications whether by way of repeal
or amendment as that Assembly may make during the session in which they
are so laid.
46. Power to remove difficulties - If any difficulty arises in giving effect to the
provisions of this Act, the Government may as occasion may require, by order
do anything which appear to them necessary for the purpose of removing the
difficulty.
47. Repeal of Andhra Pradesh Ordinance No.1 of 1958 - (1) The Andhra
Pradesh Weights, and Measures (Enforcement) Ordinance, 1958 (Andhra
Pradesh Ordinance No. I of 1958), is hereby repealed.
(2) Notwithstanding such repeal, anything done or any action taken
(including any rule notification or order issued) in the exercise of any power
conferred by or under the said Ordinance shall be deemed to have been done or
taken in the exercise of the powers conferred by or under this Act, as if this Act
were in force on the day on which such thing was done or action was taken.

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