LexThe ASSAM ADOPTION OF STANDARD WEIGHTS ACT, 1955 (SINGLE DOCUMENT)
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM ACT IX OF 1955
THE ASSAM ADOPTION OF STANDARD WEIGHTS
ACT, 1955
(Received the assent of the Governor on the 19th April 1955)
An
Act to provide for the adoption and regulation of the use
of standard weights in the State of Assam.
Preamble.
WHEREAS it is expedient to adopt Standard Weights and
to regulate the use thereof in the State of Assam ;
It is hereby enacted in the Sixth Year of the Republic of
India as follows : -
PART I
Short title
extent and
commencement.
1.
(1) This Act may be called the Assam Adoption Standard
Weights Act, 1955.
(2) It extends to the whole of the State of Assam.
(3) It shall come into force on such date as the State
Government may notify in the official Gazette.
Definitions, 2.
In this Act, unless there is anything repugnant in the subject
or context-
(1) "Prescribed" means prescribed by rules made under this
Act.
(2) "Primary Standard" means the set of weights supplied by
the Central Government under sub-section of section 4
of the Standard Weights Act, 1939.
(3) "Rules" mean the rules made under this Act.
(4) "An Inspector" mean an Inspector appointed under
section 13.
(5) "Secondary Standards" mean the weights prepared and
stamped under sub-section (1) of section 5.
(6) The expression "Verification" used with reference to a
weight or weighing instrument, includes the process of
comparing, checking or testing of such weights or
weighing instruments.
Act IX of
1939.
2
(7) "Weighing Instruments" include scales, with the weights
belonging thereto, scale beams, balances, spring
balances, steel yards, weighing machines and other
instruments for weighing.
(8) "Working Standards" mean the weight prepared and
stamped under sub-section (1) of section 6.
PART II
Standard
WEIGHTS
3.
(1) The weights set forth in sub-section (1) of section 3 of
the Standards of Weight Act, 1939 and reproduced in
Part I of the First Schedule hereto annexed as well as the
multiples and sub-multiples of these weights setforth in
Part II of the said schedule and authorised under sub-
section (2) of the aforesaid section, shall be the weights
authorised to be used in the State of Assam and shall be
the Standard Weights for the purpose of this Act.
Act IX of
1939
Primary
Standards of
Weights.
4.
(1) The authenticated set of weights supplied by the Central
Government under sub-section (2) of section 4, of the
Standards of Weight Act, 1939, shall be the Primary
Standards and shall be used for the purpose of verifying
the secondary standards.
(2) The Primary Standards shall be kept in such custody as
the State Government may direct.
Act IX of
1939
Secondary
standards of
weights.
5.
(1) For the purpose of verifying the working standards of
weight, such standard weights as the State Government
may consider expedient shall be prepared, marked and
stamped in such manner as the State Government may
prescribe. The standard weights so prepared, marked and
stamped shall be the Secondary Standards and the State
Government may provide and keep such Secondary
Standards in the custody of the Administrative Head of
each district or subdivision.
(2) (a) Once at least in every five years such secondary
standards shall be verified with the primary
standards and shall be adjusted or replaced, if
necessary, and shall be marked with the date .of
verification by such officer as Government may
authorise.
(b) A secondary standard which is not so verified or
adjusted or replaced and marked within the
aforesaid period shall not be deemed legal and shall
not be used for the purposes of this Act.
3
Working
standards.
6.
(1) For the purpose of verifying weights in use in the State,
the State Government may provide such working
standards as it thinks fit. They shall be made of such
materials and according to such specifications and by
such agency and shall be verified with the secondary
standards and stamped by such persons and in such
manner as the State Government may prescribe.
(2) The working standards shall be kept in the custody of
such officers and shall be verified in such manner as the
State Government may direct.
(3) A working standard shall not be legal or be used unless
it has been properly verified and marked under this Act.
Weighing
Instruments.
7.
Properly stamped weighing instruments shall be kept at all
places where secondary standards or working standards of
weights are kept. Such instruments shall be of such kind and
kept, verified, adjusted or replaced in such manner as may
be prescribed.
Prohibition of
weights other
than standard
ones.
8.
(1) Notwithstanding anything contained in any bye-law
made under any enactment in force for the time being,
all contracts or transactions which are made or entered
into after this Act comes into force, for any work to be
done or goods to be sold or delivered by weights shall
be deemed to be made or entered into according to one
of the standard weights laid down in the First Schedule
and it shall not be lawful to use or stipulate the use of
any other weight in relation to any such contract or
transaction,
(2) Any contract or transaction made or entered into in
contravention of the provisions of sub-section (1), in so
far as it contravenes the said provisions, shall be void.
Restriction on
local authorities
9.
Notwithstanding anything contained in any other law for the
time being in force, no local authority shall prescribe, by
bye-law or otherwise, any standard of weights, and any
standard of weight in force by reasons of such prescription,
on the day this Act comes into force, shall so far as it is
inconsistent with the provisions of this Act, be void.
Prohibition of
local practice.
10.
Notwithstanding any local practice prevalent in any part of
the State, it shall not be lawful in any trade or business to
use any weight or weighing instrument which has not been
verified and stamped in the manner prescribed.
4
PART III
Verification and Stamping of Weights
Validity of
weights.
11.
No weight shall be accepted for verification under the
provisions of this Act, and the rules framed there under.-
(i) unless its material, form and specifications con-
form to the provisions of this Act or the rules made
thereunder; and
(ii) unless its denomination is marked on the top or
side thereof in legible letters or figures or both.
Stamping and
verification of
weights.
12.
No weight or weighing instrument shall be sold by any
person other than those licensed under this Act. The State
Government may prescribe the form and also fix fees for
the grant and renewal of such license.
Appointment of
Inspector.
13.
The State Government may appoint any Government
Officer by virtue of his office or any other person to
exercise any of the functions of an Inspector under this
Act and rules made thereunder.
Verification
and stamping
by Inspector.
14.
Every Inspector shall verify every weight of weighing
instrument which is brought to him for such purpose. If
the weight or weighing instrument satisfies the
requirement of this Act and the rules made thereunder he
shall stamp the same with a stamp of verification.
Power to
inspect weights,
etc, and power
of entry.
15.
(1) An Inspector may inspect all weights or weigh- ing
instruments within the area under his charge, which are
used by or are in the possession of any person, or are
on any premises for sale or use for trade, and may
verify every such weight or weighing instrument with a
secondary or working standard or weighing instrument
prescribed for the purpose.
(2) For the purpose of such inspection, an Inspector may at
all reasonable times enter into any place where weights
or weighing instruments are sold, used or kept for
purposes of trade and inspect such weights or weighing
instruments.
(3) An Inspector may seize and detain any weight or
weighing instrument regarding which an offence under
this Act appears to him to have been committed or
which appears to him to have been used for the
commission of such offence.
5
Power to seize
and render in
capable of use
(4) An Inspector may seize and render incapable of use
any defective and unadjustable weight or weighing
instrument. On being so rendered incapable of use, the
owners are entitled to the return of such weight or
weighing instrument, if claimed within two months of
the date of seizure, otherwise it shall become the
property of the State Government.
Government
may determine
difference
16.
If any difference arises between an Inspector and any
person interested as to the procedure in regard to the
verifying, adjusting or stamping of any weight or
weighing instrument, such difference may be referred by
the party interested or by the Inspector, to such officer not
below the rank of a Magistrate of the First Class as the
State Government may appoint, and the decision of such
officer shall be final.
Levy of fees. 17.
The State Government may charge such fees for the
verification, marking, adjusting and stamping of weights
or weighing instruments as may be prescribed.
Validity of
weights, etc
duly stamped.
18.
A weight or weighing instrument duly stamped under this
Act shall be legal weight or weighing instrument in all
places within the State and shall not be liable to
restamping because it is used in a place other than that in
which it was originally stamped.
Stamped
weights, etc. to
be deemed
correct court
19.
A weight or weighing instrument duly stamped under the
provisions of this Act or the rules made there- under, shall
be deemed to be correct until its inaccuracy is established
in course of any legal proceedings in a Court of law on
production in any such Court by any public servant having
charge thereof under the directions of the State
Government or by any person acting under the general or
special authority of such public servant.
Officers to be
public servant
20.
Every officer or person appointed or authorised under the
provisions of this Act shall be deemed to be a Public
servant within the meaning of section 21 of the Indian
penal Code, 1860.
Act XLV
of 1860.
6
Penalty for sale
by weights
other than
standard ones
21.
PART IV Penalties Whoever in any transaction sells or
purchases any article by any denomination of weight other
than one o the Standard Weights shall, on conviction, be
punishable with fine which may extend to five hundred
rupees or with imprisonment of either description which
may extend to six months.
Penalty for use
or possession of
weights, etc. not
authorised.
22.
Whoever uses or has in his possession for use for trade
any weight or weighing instrument which is not
authorised, verified or stamped under or in accordance
with the provisions of this Act and the rules made
thereunder shall, on conviction, be punishable with fine
which may extend to five hundred rupees or imprisonment
which may extend to six months, of either description and
such weight or weighing instrument shall be forfeited to
the State and any trade made by such weight or weighing
instrument shall be void.
Explanation :- When any such weight or weighing
instrument is found in the possession of
any trader or of any employee or agent of
such trader, such trader shall be presumed,
until the contrary is proved, to have had it
in his possession for use for trade.
Unless there is anything repugnant in the
subject or context, trade means and
includes any dealing or contract.
Penalty for
giving short
weight.
23.
Whoever in selling any article by weight delivers or
causes to be delivered to the purchaser a weight less than
what is purported to be sold shall, if the difference in
weight exceeds the amount of error prescribed shall, on
conviction, be punishable with fine which may extend to
three hundred rupees or with imprisonment which may ex-
tend to two months.
Penalty for sale
or delivery of
weights, etc, not
verified or
stamped.
24.
Whoever sells or delivers any weight or weighing
instrument not authorised, verified or stamped under this
Act, shall on conviction, be punishable with fine which
may extend to one thousand rupees or with imprisonment
of either description which may extend to one year.
Penalty for
forging of
stamp or
tampering with
weights etc.
25.
(1) Whoever forges or counterfeits any stamp used under
this Act for the stamping of any weight or weighing
instrument, or removes a stamp from any weight or
weighing instrument and inserts the same into
another weight or weighing instrument, or wilfully
tampers with a weight or weighing instrument
stamped under this Act so as to effect its accuracy,
shall on conviction, be punishable with rigorous
imprisonment for a period which may extend to six
7
months, or with fine which may extend to one
thousand rupees, or with both.
(2) Whoever knowingly uses, sells, disposes of or
exposes for sale any weight or weighing instrument
with such forged or counterfeit stamp thereon or a
weight otherwise tampered with, shall on conviction,
be punishable with rigorous imprisonment for a
period which may extend to six months, or with fine
which may extend to one thousand rupees or with
both.
Penalty for
neglect or
refusal to
produce
weights, etc, for
inspection
26.
Whoever on demand by any competent authority wilfully
neglects or refuses to produce for inspection any weight or
weighing instrument in his possession or in his premises
or refuses to permit any person authorised in this behalf to
examine the same or any of them, or obstructs the Entry of
the authorised person into his premises, or other- wise
obstructs or hinders him in performance of his lawful
duties shall, on conviction, be punishable with fine which
may extend to five hundred rupees or with imprisonment
which may extend to six months.
penalty for
stamping any
weight etc, in
contravention
of act or rules.
27.
If any Inspector or any other person authorised to exercise
any of the functions under this Act or rules made
thereunder knowingly stamps any weight or weighing
instrument in contravention of the provisions of this Act
or rules made thereunder, he shall, on conviction, be
punishable with imprisonment of either description for a
period which may extend to one year or with fine or with
both ;
Provided that no Court shall take cognizance of an
offence under this section except on prior sanction of the
State Government.
All offences
cognizable.
28. All offences under this Act shall be cognizable.
Bar to suit,
prosecution,
etc, for any-
thing done in
good faith.
29.
No suit, prosecution or other legal proceedings shall be
instituted against any public servant for anything which is
in good faith done or intended to be done under the
provisions of this Act or rules made thereunder.
8
PART V
Miscellaneous
Delegation of
powers by the
government .
30.
PART V Miscellaneous Any of the powers and duties
conferred and imposed upon the State Government by this
Act may be exercised and performed, subject to such
conditions as the State Government may think fit, by any
person whom the State Government may, by general or
special order, empower in this behalf.
Margin of error 31.
The State Government may prescribe the amount of error
to be allowed in selling articles by weight generally or as
regards any trade or class of trades.
Offences under
other existing
laws.
32.
Trial of offences under this Act shall not preclude the trial
of any person under any other law in force for the time
being
Power of
Government to
make rules.
33.
The State Government may, after previous publication,
make rules to carry out the purposes of this Act and such
rules may provide a penalty not exceeding fifty rupees for
a breach thereof.
Repeal and
amendments
34.
On the coming into force of this Act- The enactments
specified in the Second Schedule to this Act shall be
deemed to have been amended to the extent and in the
manner specified in the second column thereof.
THE FIRST SCHEDULE
STANDARD WEIGHTS
[See Section 3 (1)]
Part I
Act IX of 1939- Section 3, sub-section (1) of the Standards of Weight Act, 1939:-
3. (1) There shall be the following standard weights, namely:-
(a) The standard tola, being a weight of 180 standard grains.
(b) The standard seer, being a weight of 80 standard tolas or 14,400 standard grains.
(c) The standard maund, being a weight of 40 standard seers.
(d) The standard pound avoirdupois , being a weight of 7,000 standard grains.
9
(e) The standard ounce avoirdupois , being one-sixteenth part of the weight of a standard
pound avoirdupois .
(f) The standard hundred-weight, being a weight of 112 standard pounds avoirdupois .
(g) The standard ton, being a weight of 2,240 standard pounds avoirdupois .
Part II
As multiples and sub-multiples of the Standard Weights in Part I above:-
(a) Multiples of the tola :-
5 tolas ... ... ... ... 1 chhatak,
10 tolas ... ... ... ... 2 chhataks or half powa.
20 tolas ... ... ... ... 1 powa.
40 tolas ... ... ... ... 1/2 seer.
( b) Sub-multiples of the tola :-
1/2 tola ... ... ... ... 6 mashas.
1/4 " ... ... ... ... 3 ".
1/12 " ... ... ... ... l masha.
1/16 " ... ... ... ... 1 anna.
=6 ratis.
1/24 " ... ... ... ... 1/2 masha or 4 ratis.
1/96 " ... ... ... ... 1 rati.
(c) Multiples of the seer:-
5 seer ... ... ... ... 1 panseri or pasuri.
20 " ... ... ... ... 1/2 maund.
Standard Indian Air is defined as follows :-
Temperature,-85 deg. Fahr. 29.44 deg. cent.
Pressure.- A column of Mercury at 0 deg. C.29·8 inches or 756-919 mm. in height.
Carbon dioxide gas.- 0·0006 of the volume of the air.
Vapour tension.- 0·75 inches: 19-05 mm.
Latitude at Calcutta 22° 35' 6·6".
Height above M. S. L. 22.6 feet.
One litre of Standard Indian Air at Calcutta weights l•14917 grm,
10
THE SECOND SCHEDULE
REPEAL AND AMENDMENTS
(See Section 34)
Enactment amended
Title of the Act Amendments
1. The Assam Municipal Act, 1923
(Assam Act V of 1923).
Clause (XXVIII) of section 297 shall be
deleted, and clauses (XXIX)
(XXX) and (XXXI) renumbered as
clauses (XXVIII), (XXIX) and (XXX)
respectively.
2. The Assam Local Self-Government
Act, 1953 (Assam Act XXV of
1953).
In clause ( d) of section 82 for the comma a
semi-colon shall be substituted and the words
"and prescribe the weights and measures to be
used in such bazars" shall be deleted.