LexThe Assam Weights and Measures (Enforcement) Act, 1958
Assam · state statute
Open in Lexace · Ask the AI about this actTh e 27th May 2959
No.LJL .21/57 .—Th e following Act of the Assam Legislative Assembly
which received the as.en t of the Preside nt is hereby published for general
information.
(R eceiv ed the as se nt o f t he Pr es iden t on th e 24th Ma y 1959)
ASSAM ACT No. XIX OF 1959
TH E ASSAM WE IGH TS AND MEA SUR ES (ENF OR CE MEN T)
AC T, 1958
(Passed by the Assembly)
[Published in the Ass am Gazette, Extraor dina ry, date d the 28th May 1959}
An
Act
to provide f o r the enforcement o f Stan dards o f Weig hts and Measures Ac t, 19 56
■ - {Central Ac t 89 o f 19 56 ) an d fo r matters connected ther ewith.
P re am b le .— Whereas it is expedien t to enforce the Standards
of Weights and^M easures Act, 1956 (Centra l Act 89 of 1956) in the Sta te of
Assam and other matter s connected ther ewi th J
2
It is here by enacted in the N inth Year of the Rep ublic of In dia aS
follows :—
CH AP TE R I
Pre lim in ar y
1. Sh or t ti tl e, ex te nt an d co m m en cem en t. —(1) This Act may be
called the Assam Weights a nd Measu res (Enforcement) Act, 1958.
(2) It extends to the whole of Assam.
(3) It shall come into force on such da te as the S tate Governme nt may,
by notification in the Official Gazette, appoint ; and diffe rent dates ma y
be app oin ted for d ifferent provisions of this Act or for d ifferent are as or for
diffe rent classes of underta kings or for differen t classes of goods.
2. D ef in it io n s. —In this Act, unless the context otherwis e req uires, —
(a) “ Com mercial w eight or measure” means a weig ht or mea sure
pu rport ing to be a sta ndard weig ht or mea sure used in any
tran saction for tra de or comm erce ;
(b) “ Controlle r” means the Contro ller of Weights and Measures
app oin ted under section 15 ;
ft) “ Ins pec tor ” means an Inspec tor of Weights an d Mea sure s
app oin ted under section 15 ;
(d) “ M in t” means the m int of the Central Government eith er in
Bombay cr in Ca lcu tta ;
(«) “ Pre scribe d” mea ns pres cribed by rules made under this Act ;
( / ) “ Standard weigh t or mea sure ” mea ns any unit of mass or
mea sure referred to in sub-section (1) of section 13 of the
Standards of Weights an d Measures Act, 1956 (Centra l Act 89
of 1956) and includes any oth er weight or mea sure p erm itte d to
be used by the Central Government in purs uance of sub
section (1) of section H o f the said Act ;
(g) “ Referen ce sta nd ard s” means the sets o f standard weights and
measures supplied to the State Governme nt by the Central
Go ver nment in pursu anc e of sub-section (2) o f section 15 of the
Sta ndard s of Weights and Measures Act, 1956 (Ce ntral Act 89 o f
1956);
(A ) “Stam ping ” mea ns ma rki ng in such manne r as to be so far as
pract ica ble , indelib le and inclu des casting, eng raving, etching
and br an di ng ;
li) “ Verific ation” with its g ram matica l variations used with reference
to a weight or mea sure or weighing or mea suring ins tru me nt,
includes the process of comp aring, check ing or test ing such
weight or measure or weighing or mea suring ins tru me nt and
also includes re-verification ;
/ > ■ '
I
3
( j) “ Weighing instr um en t” means any ins tru me nt for weighing and
includes scales with the weights belonging the reto , scale-beams,
, balances, spring bala nces, steel yards an d oth er weighing
mac hine s ;
(k} “ Measuring in strum ent” mea ns any measuring ins tru me nt other
5 than a weighing instru me nt an d includes any ins tru me nt for
mea suring leng th, are a, volum e or capacity.
CH AP TE R II
St an da rd W ei gh ts an d M ea su re s
3. W or ki ng Sta nda rd s. —(1) For the purpose of verifying the correct
ness of commercial weights and measures and weighing and measuring
- inst rum ents used in tran saction s for tra de or comm erce, the State Gover n
ment may cause t o be prepar ed as many sets of authe nti cated sta ndard
weights and meas ures as i t may deem necessary to be called the working
standard s, and special sets of working standa rds in relation to bullion
inc luding prec ious stones.
(2) Th e working stan dar ds shall be made of such ma terial and accord
ing to such designs and specifications and shall be pre pared by such agency
and shall be stam ped and authe nticated by such person o r autho rity and in
such ma nn er as m ay be prescribe d.
(3) Th e working sta ndard s shall be kep t a t such places, in such custody
and in such man ne r as may be prescribed.
(4) A working sta ndard shall be verified with the seco ndary sta ndard
and marked by such persons, at such places, at such inte rvals and in such
manner as may be pre scr ibe d:
Provided th at a working sta ndard in relatio n to bullion and precio us
stones shall be verified with the refere nce standa rd.
(5} A working sta ndard which is not so verified and marked within the
prescribed per iod shall not be deem ed legal or be used for the purpo ses of
this Act.
(6) A working sta ndard which has become defective shall no
longer be legal or be used for t he purposes of this Act, until it has been
verified and marked in the prescribed manne r.
4. Se co nd ar y sta n d a rd s. — (1) For the purp ose of verifying the
/ correctness of the working standa rds, the Sta te Gover nment m ay cause to be
pre pared at the Mint as man y sets o f au the ntica ted sta nd ard weights and
measures as it may deem necessary to be calle d the second ary sta ndard s.
(2) The secondary standard s shall be made of such ma terial and
according to such design and specifications as m ay be pres cribed and shall
be stam ped and authe nti cated by such person or autho rity as the Cen tral
Gover nment may d irect.
(3) Th e secondary sta ndard s shall be kept at such places, in such
custody an d in such ma nner as may be pres cribed.
(4) A secondary sta ndard shall be verified with the reference sta ndard
at least once i n every period of five years and shall be marked with the d ate
of verification in the prescribe d ma nner by such perso n or aut hority as the
State Gover nment may direct.
> 0
4
(5) A secondary sta ndard which is not so verified an d marked wit hin
the aforesaid period shall not be deem ed legal an d shall not be used for the
purposes of this Ac t.
5. R ef er en ce st an d ard s. — Th e reference stan dar ds shall be kep t at
such places, in such custody and in such mannei- as the Sta te Go ver nm ent
may direct.
6. St an da rd w ei gh in g an d m ea su ri n g in str u m en ts .— (1) For the
purp ose of verifying the correctness of comm ercial weights an d measures
an d of weighing a nd m easu ring instrum ents used in tran saction s for trade
or commerc e, the S tate Governmen t may cause to be pre pared as ma ny
sets o f weighing and me asu ring instr uments as it ma y deem necessary.
(2) Such instrum ents shall be of such kin d, kept in such num ber and
shall be verified an d stamp ed in such ma nner as may be pres crib ed.
(3) Such inst rum ents shall be kep t at all places where seco ndary
sta nd ard or work ing sta ndard s are kep t.
7. P ro hib it io n o f u se o f w eig h ts an d m easu res ot her th an
st an dar d w eig h ts an d m easu res. — (1) Notwithstanding anyth ing con
tained in any o the r law or any custom, usage or practic e, no un it of mass
or measure, oth er than the sta nd ard weigh ts or measures shall b e used in
any tran saction for tra de or commerc e or any dealing or contr act or for
any work to be done or goods to be sold or delivered in any are a or class
of goods or underta kin gs in resp ect of which this Act has come into force.
(2) Any custom, usage, pra ctic e or method of wh ate ver na tu re
whi ch permits in any trade, a trader, seller or buy er to dema nd, receive or
cause to be dem and ed or received any qu an tity of ar ticle in excess of, or
less t ha n, the qu an tity fixed by the weight or mea sure by which the
co ntr act or dea ling in resp ect of the said arti cle has been mad e, shall be
void.
Any tran saction , dealing cr contr act made or had afte r the exp iry
of six mon ths from the com men cem ent of this Act shall, in so far as it
contravenes the provisions of sub-se ction (1), be void.
8. Pow er to p re sc ri be th e u se o f w ei gh ts only , or m easu res on ly ,
in ce rt ai n c a se s.— (1) Notwi ths tan din g any thing con tain ed in this Act,
the State Government may , by notification in the Official Ga zet te, direct
th at in any specified tra de or class of trade s no tran saction , dea ling or con
tra ct shall be mad e 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 m ay
be specified the rein.
CH AP TE R II I
V er ific at io n an d Sta m pin g o f W ei gh ts a nd M ea su re s
9. M ar ki ng o f d en om in ati on s on co m m er ci al w ei ghts an d m e a s
ure s. —Every weig ht or mea sure ma nufac tur ed for use as a com mercial
weight, or meas ure shall bea r the des crip tion of the weig ht or measure
which it purpo rts to be marke d legibly on it in such ma nner as may be
prescribed.
. .
5
10. Pro hib itio n o f sa le o f u nst am ped co m m er ci al w eig h ts an d
m easu res .— No comm ercial weight or measure or we ighing or measu ring
inst rum ent shall be sold o r delivered unless it has been verified or re-veri
fied in accord anc e w ith the rules mad e under this Act and stam ped in the
pres cribed ma nner by an Inspector wit h stamp of verification.
11. P ro hib it io n o f u se o f unst am ped co m m er ci al w eig h ts or
m easu res. — No weight or mea sure o r weighing or mea suring ins tru me nt
shall be used in transa ction in trade or comm erce unless it has been veri
fied or re-verified in accordance wit h the rules mad e under this Act and
stam ped in t he prescribe d ma nn er by an Inspec tor, with a stam p of veri
ficatio n.
12. Pow er o f St at e G ov er nm en t to ex em pt. — Whe re the size of a
com meicia l weight or mea sure ren der s it imp ractica ble to have any den o
min atio n marke d on it under the provisio ns of section 9 or to be stam ped
under the provisio ns o' section 10 or section 11, the Sta te Gov ernmen t
may, by notification in the Official Gazette, exem pt such weights or measures
from being so stam ped.
13. P ro hib it io n o f m an ufa ct ure s, et c , o f w eig h ts an d m easu res
w it hout li ce n se .— No perso n shall, in course of tra de, ma nufac tur e,
rep air or sell any comm ercial weight or measure or any weighing or
measuring ins tru me nt, unless he has obtained in the prescribed ma nner
a license in this behalf from the State Governme nt or any officer
authorised by such Gov ernmen t.
14. M ar ki ng o f w ei ght or m ea su re on se ale d co n ta in er s. — No
person shall sell, offer for sale, expose for sale, or have in his possession
for sale, any a rticle notified in this beh alf by the State Governme nt in the
Official Ga zette and con tain ed in a sealed pack age or conta ine r unless
such pack age or con tain er bea rs thereon, or on a label securely
attach ed ther eto, a description of the net weight or meas ure of the
article con tain ed therein.
15. A ppoi ntm en t o f C on tr ol le r, A ss is ta n t C on tr ol le rs an ti
In sp ect ors .— (1) Th e Sta te Governme nt may appo int a Con troller of
Weights an d Measu res for the Sta te and as many Assistant Con trollers
and Inspectors of Weights and Measures as may be necessary for
exercising the powers an d disch arging the duties confe rred or imposed
on the m by or under this Act.
(2) Th e Sta te Gov ern ment may, by general or special orde r, define the
local limits with in which each Assistant Contro ller and Inspecto r shall exe r
cise the powers and disch arge the duties conferred o r impose d on them by
or under this Act.
(3) Subject to the provisions of this Act, all Assistant Con trollers
of Weights an d Measures and Inspectors shall perform the ir functions
und er the gen eral superintend ence an d control of the Con troller, an d
Con troller an d the Assistant Controllers of Weigh's and Measures may , in
addition to the powers and duties conferred or imposed on them by or
un de r this Act, exercise any powe r or disch arge any duty so conferred or
imposed on Inspectors.
16. V er ific at io n an d st am p in g by In sp ecto rs. —(1) Every Inspec
tor shall, for the purpose of verification of weights and measures and
weighing and measuring instruments, attend at such place and time within
his juris dic tion as m ay be app ointed in this behalf by the Controller.
6
(2) Th e Inspector shall verify every weigh t, or mea sure or weighing or
measuring inst rum ent which is brough t to him for the purp ose of verific a
tion and if he finds such weight or measure or weighing or m easu ring in stru
ment correct and in conformity with th e Sta ndard s of Weights and Mea
sures Act, 1956 (Centra l Act 89 of 1956), and the rules made the reu nde r,
he shall stam p the same with a stamp of verification in the prescribe d
ma nn er.
17. Pow er to in sp ect, etc .— (1) An Inspector may , within the area
under his jurisdict ion, inspect at all reaso nable times, the weights, measures
and weighing and measuring instru me nt which are used in tran saction for
tra de or commerc e or are in the possession of a ny person or are o n any pr e
mises for such use an d may verify every such weight o r measure or weighing
or measuring in strum ent with a secondary or working sta ndard or weighing
or mea suring i nstrum ent prescribed for the pur pos e.
(2) For the purpose of verifying the corre ctness of any weight or mea
sure used in any tran saction , an Inspector may also verify the w eight or
mea sure o f any article sold or delivered in the course of the transaction.
(3) An Inspec tor a ctin g under sub-section (1) may, at all reasonable
times, req uir e any tra de r or any employee or agent of a tra der to produce
before him for inspection all weights, measures, weighing and measuring
instrum ents which are used by him or are in his possession or are kept on
any premises used for trade and all docume nts and records relating the reto
and suc h tra de r, employee or age nt shall comply wit h such requirements.
(4) An Inspector may seize and deta in any weig ht or m easu re or weig h
ing or m easu ring instru me nt rega rdin g whic h an offence under this Act
app ears to have been committed or which app ears to have been or which
mig ht be used in the commission of such an offence, and may also seize and
de tai n any arti cle sold or delivered or caused to be sold or delivered by
means of such weig ht or measure or weighing or measurin g ins trument
toge ther with any docume nts or records rela ting thereto.
(5) Where an Inspe ctor has reason to believe th at a sealed package or
conta ine r of an arti cle notified under section 14 does no t actu ally con tain
the ne t weig ht or measure of the article which it purport s to con tain , the
Inspector may brea k ope n i he sealed package or con tain er an d verify its
con tents, and if, on such verific ation, the net weigh t or mea sure of the
article is found to be correct, the Inspector shall re-seal the package or
con tainer where it is possible so to do witho ut inju ry to the contents thereo f
and atta ch a certificate thereto s tating the corre ct weight or meas ure of the
article, bu t if, on the othe r hand, the net weight or measure of article is
foun d to be incorrect, the Inspec tor rr ay seize and det ain the package or
conta ine r and the article contained ther e n.
(6) For the purpose of such inspection, an Inspec tor m ay, at all reas on
able time s, enter in to any place whe re weights, measures or weighing or
mea suring instru me nt are used or k ept for use in transa ctio n for tra de or
comm erce and insp ect such weights and measures and weighing an d mea
suri ng inst rum ents .
18. Pow er o f In sp ec to r to ad ju st w eig h ts or m easu res. — Where
it appears to the State Governmen t desirable th at an Inspec tor should be
allowed in any are a to adjust the weights or measures or weighing or me a
suring instruments, it may, if i t thinks fit auth orise such Inspec tor to adjust
weights and measures or such instrum ents accordingly .
1
19. M an ufa ct ur er s, etc ., to m ain ta in re co rd s an d d o cu m en ts .—
(1) Every ma nufac tur er, rep air er or dea ler in weights and measures or
weighing or mea suring ins tru me nt, an d every person using them in tr an
sactio n for tra de or commerc e shall ma intain such records an d accounts as
may be pres crib ed and if required so to do by an Ins pecto r, shall pro duc e
such records and accounts before him,
(2) Notwithstanding any thin g con tain ed in sub-section (11, if the State
Governme nt is of opinion th at h aving rega rd to the na tur e of business
car ried on by any person referred to in sub-section (1), it is necessary so
to do, it may , by order, exempt such person or class of persons from the
ope rati on of th at sub-section.
20. A ppea ls.— (1) Sub ject to the provisions of sub-se ction (2), an
appea l shall lie—
(a) from every decision of an Inspector un de r this Act, to the Assis
tant Controller, and from every decision of the A ssista nt Con
troller to the Con troller;
(b) from every decision of the Con troller und er this Act, not being
a decision m ade in app eal under clause (al, to the State Gov ern
ment or any author ity specially authorised in this behal f by the
Sta te Gov ernm ent.
(2) Every such appea l shall be preferred wit hin thirty days from the
date of service of the decision on the person concern ed.
(3) Every appeal to the Assistant Contr oller shall be affixed by a Co urt
fee stam p of rupe es four and every app eal to the C ontro ller or to the
Sta te Governm ent or to any autho rity specially auth orised by the State
Governme nt under clause (b) of sub-section (I) shall be affixed by a Co urt
fee stam p of rupees ten.
(4) On receipt of any such ap pe al, the app ella te autho rity shall, aft er
giving the appellant a reas onable opp ortunity of bein g hea rd and afte r
making such enquiry as i t deems pro per decide the app eal .
21. Lev y o f fe es. — Th e Sta te Gover nm ent may charge such fees
for the g rant o f licenses under section 13, for manufac ture, rep air or sale of
com mercial weights and measures an d weighing an d measuring instrum ents
as may be prescribed.
22. V al id it y o f w eig h ts an d m easu res dul y st am p ed .— A wei ght
or mea sure o r weighing or mea suring instrument, duly stam ped by an
Ins pec tor under this Act, shall be a legal wei ght or measure or weighing
or me asu ring ins tru me nt in all places in which this Act has come into
force unless it is fo und to b e false or defective , and shall not be liab le to be
re-stamp ed by rea son merely of the fact th at it is used in any place oth er
th an th at in which it was origi nally stam ped,
CH AP TE R IV
P en alt ie s
23. Pen al ty f or sa le or del iv er y by w ei gh t or m ea su re ot her th an
st andard w ei ght or m ea su re.— Whoever, afte r the expiry of six
months from the c omm ence men t of this section, sells or causes to be sold or
delivers or causes to be delivered in the course of any transa ctio n for tia de
or com mer ce any article by any den omination of weight cr measure oth er
th an one of the s tan dard weights or measures shall be punishable, lor a first
8
offence, with fine which may exten d to one thou sand rupe es, an d for a
second or subsequent offence, wit h imp riso nment for a p erio d which may
extend to three m onth s, or with fine, or with both.
24. Pen al ty fo r sa le o f unst am ped co m m er ci al w ei ghts an d
m ea su res. —Whoever sells o r delivers any commerc ial weigh t or m ea su reci
any weighing o r measu ring in stru ment which has not been verified or re-verifi
ed or stamp ed in accord ance with the provisions of this Act a nd the rule s m ade
the reu nde r shall be pun ishabl e with fine which may extend to one
thou sand rupee s.
25. Pen al ty fo r u se o f u nst am ped co m m er ci al w eig h ts an d
m easu re s.— Whoever uses in any transa ctio n for trade or commerce, or
has in his possession for such use, any commercial weight or mea sure or
any weighing or measuring ins tru me nt which has no t been verified or
re-verified or s tamped in accord anc e with the provisions of this Act and
th e rules mad e the reu nd er shall be pun ishable for a first offence, with fine
which may exte nd to one tho usa nd rupees, an d for a second or sub se
qu en t offence, with imprisonment for a period whic h may extend to thre e
months, or wit h fine, or with bo th.
Explanation 1.—When any such weig ht or measure or weighing o r
measuring ins tru me nt is found in the possession of any tra de r or any
employee or agent of such tra de r, such tra de r, employee or age nt shall be
pres ume d, until the con trary is proved, to have had it in his possession for
use in tran saction s for trad e or com merce.
Expla natio n 2.— Where any weig ht or measure o r weighing or mea suring
ins tru me nt is used or possessed in con trav ention of this section by any
employee or age nt of a trader on beh alf of such a trad er, such tra de r shall,
unless he proves th at the offence u nd er this sectio n was com mitted by his
employee or age nt wit hou t his knowledge or con sent, be also deem ed to be
guilty of the offence.
20 . Pen al ty f or m anufa ct ure o f w eig h ts , etc ., w ithou t li c e n se .—’
If any person manuf actures, repairs, or sells any commerc ial wei ght or
measure or weighing or measuring ins tru me nt, w ith out obtaining a license
as req uired by section 13, shall be pun ishabl e with imprisonment for a
period whic h ma y extend to thr ee months, or with fine, or with bo th.
27. P en alt y fo r u se o f w eig h t or m ea su re in co ntr aven ti on o f
se ct io n 8.—Whoev er contravenes any o f the provisions of a notificatio n
issued u nd er section 8 shall be pun isha ble with fine which may extend to
one thousand rupe es.
28. P en al ty f or fa il u re to m ark We igh t or m easu re on se al ed
co n ta in er s.—Who ever contravenes the provisio ns of section 14 shall be
pun isha ble with fine which may exte nd to one tho usand rupe es.
29. Pen al ty fo r fr audule nt us e o f w eig h ts , m e a su r es, et c. — Who
ever frau dulently uses any standard weig ht or mea sure or weighing or
measu ring inst rum ent which he knows to be false shall be pun isha ble with
imp riso nment for a period which may extend to one year, or with fine, or
with both.
9
30. Pe na lty f or b eing i n poss es si on o f fa lse weigh t or m ea su re ,
et c. —Who ever is in possession of any com mercial weight or measure or
weighin g or measu ring ins tru me nt whi ch he knows to be false, • inte nding
th at th e sam e may be fraudu lently used, shall be punis hab le with imp riso n
me nt for a period which may exte nd to one year ,, or with fine, or with
both .
31. Pe na lty f or m ak in g or se lli ng fa lse wei gh t or m ea su re ,
e tc .— Whoever makes, sells or disposes of, or causes to be ma de, sold or
disposed of any s tan da rd weig ht or measure or weighing or mea suring
ins tru me nt which he knows to be false, in ord er th at the same may be
used as tru e, or knowing that the same is likely to be used as tru e, shall
be pun isha ble with imp riso nment for a period which may exten d to one
year, or wit h fine, or wit h bot h.
32j Pe na lty fo r giving sh or t we ight or m ea su re .— Whoev er in
selling any arti cle by weight or mea sure, delivers or causes to be delivered
to the purcha ser less th an what is p urp ort ed to be sold shall, if the deficiency
exceeds the prescribed limit of error, be p unishable wit h fine which may
extend to thr ee h und red, rupees.
33. Pe na lty fo r fo rg in g, e tc. , o f w ei gh ts, m ea su re s, et c.—(1)
Whoever forges or coun terfeits any stam p used un de r this Act for the
stam ping of any standard weight or measure or weighing or measu ring
ins trument or possesses any such counterfeit stam p, or removes a stam p
from any sta ndard weig ht or measure or weighing or measuring ins trument
and inserts th e same int o anoth er weight or measure or weighing or me asu r
ing instru me nt or wilfully increases or diminishes a weight or measure so
stam ped, shall be pun isha ble with imp riso nment for a period whic h may
exte nd to one year, or with fine, or with both.
(2) Who ever know ingly uses, sells, disposes of or exposes for sale any
weight or measure or weighing or mea suring instrume nt with such forged
or cou nterfeit stam p ther eon, or a weig ht or a measure so increased or
dim inished shall be punisha ble wit h imprison me nt for a period which may
exte nd to six mon ths or with fine, or with both.
34. Pe na lty f or n eg lect or re fu sa l to p roduce wei gh t or m ea su re ,
etc ,, for in sp ec tion ,—Whoever—
(a) refuses or neglects to produce for inspe ction un de r section 17,
any weight o r measure or weighing or measuring inst rum ent
or any doc ument or reco rd relating the reto in his possession
or on his premises, or
(b) refuses to per mit an Insp ecto r to inspect and verify any such
weight, measure, ins tru me nt, docume nt or record , or
(c) obstructs the entry of an Inspec tor u nder sectio n 17, or
(d) otherw ise obstructs or hinders an Insp ecto r in the performance
of his duties under this Act,
shall b« pun isha ble with fine w hich may extend to five hundre d rupees.
35. Pe na lty for br each o f du ty by In sp ec to r.— If an Inspector
knowingly stam ps a weig ht or measure or weighing or measu ring instru
me nt in con trav ention of the provisions of this Act or of the rules made
the reu nder, he shall be punisha ble with imp riso nment for a period which
may extend to one year, or with fine, or with both.
i o
CHAP TER V
M isc ellane ou s
36. P ro te ct io n o f act io n ta ken in go od fa it h .— No suit, prosecu
tion or other legal proceeding shall lie against the Co ntroller, or any
Assista nt C ontroll er of Weig hts an d Measures or any Inspec tor o r any othe r
person or a uth ority app ointed under t his Act in respect of anyth ing which
is in good faith d one or intend ed to be done in pur suance of this Act or
Rules made the reu nde r.
37. C on tr ol le r, etc ., ap poi nte d un de r th e Act to be p ubli c
se rvan ts .— Th e Contr oller, Assistant Con troller and
Inspector app oin ted under this Act shall be deem ed to be a
public se rvan t within the meaning of section 21 of the India n
Penal Code, 1860 (Act XL V of 1860).
38. C og ni za nc e o f of fe nce s, e t c .—( l ) No cou rt shall take cogn izance
of an offence p uni sha ble under this Act except upo n com plaint in writing
made by the Con troller or an Assista nt Con troller author ised in this
beh alf by the Controlle r by gen eral or special order.
(2) No cou rt inferior to th at of a Magistrat e of the first class shall
try any offence pun ishable un de r this Ac t.
39. St am ped w eig h ts , e tc ., t o be p re su m ed , to be co rre ct. —- A
weight or measure o r weighing or measuring ins tru me nt duly stam ped
under the provisions of this Act and the rules mad e the reu nder shall be
pres ume d to be correct until its inaccura cy is proved, if this is pro duc ed
in any court by any Inspec tor hav ing c harge the reo f or b y any person a cting
under the general o r special autho rity of the Contr oller.
40. O ff en ce s by co m p a n ie s. — (1) If the person com mit ting an
offence under this Act is a com pan y, every perso n who, at the time the
offsnee was commit ted, was in-ch arge of, and Was respo nsible to the com
pany for the conduct of the business of th e com pan y, as well as the com pany
shall be dee med to be guilty of the offence and shall be lia ble to be
proc eede d aga inst a nd pun ished ac co rding ly:
Provide d th at nothing con tained in this sub-section shall ren de r any
such person liable to punis hm ent i f he proves th at the offence was com mit
ted witho ut his knowledge or th at he exercised all due d iligence to pre ven t
th e comm ission of such offence.
(2) Notwi thstanding anyth ing con tain ed iis iub-sec tion (1), where an
offence un de r this Act has been com mit ted by a com pany and it is p roved
th at the offence has been comm itted wit h the consent or conniva nce of or is
attri bu table to any neglect o n the p ar t of, any director, ma nager, secre tary
or oth er officer o f th e com pany shall also be dee med to be gui lty of tha t
offence and shall be liable to be proc eede d against and punished acco rdingly.
Ex pl an at io n. - For the purpo ses of this secti ons—
(a) “ Com pany” means any bod y corporate and includes a firm or
oth er association of individ uals ; and
11
* < 4 r ’ -'
(A ) “ direc tor” in relation to a firm , includ es a partne r in the firtn.
41. De leg ati on o f po wer s.—(1) Th e State Gover nm ent may by no th
fication in the Official Gazette, dire ct th at any power exerc isable by it under
this Act or rules mad e the reu nder shall, in rela tion to such matter s and
subject to such conditio ns, as may be specified in the direction be exercis
able also by such officer o r autho rity s ubo rdin ate to the Sta te Gover nment as
may be specified in the notification.
(2) All notifications under sub-se ction (1) shall be laid, as soon as may
be, before the Sta te Legislature.
42. L im it s o f er ro r to be to le ra te d i n w eig h ts an d m e a su r es.—
Sub ject to any rules th at may be made under the Sta ndard s of Weights and
Measures Act, 1956 (Ce ntra l Act 89 of 1956) in this behalf, the Sta te
Governme nt may prescribe the limits of error whic h may be tolera ted :—
(a) in secondary standard s referred to in section 4 ;
(4) in working standa rds referred to in section 3 ;
(c) in c omm erci al weights and measures or in selling articles by
weight o r mea sure generally or as regards any tra de or class o f
trades ; an d
(d) weighing and mea suring ins tru me nts .
£ . . .43. R ep ea l.—Th e Assam Adoption oi Sta ndard Weights Act, 1955
(Assam Act I X of 1955), is he reby repealed.
44. Pow er to m ak e ru le s.— (1) Th e Sta te Gov ern ment may , by
notification in the Official Gazette, make rules to carry ou t the purpose of
this Act.
(2) In pa rticular , and witho ut pre jud ice to the gen erality of the fore
going pow er, such rules may provide for all or any of the following
' '' ' ma tte rs, na mely j—
(a) the materi al of which and the designs and specifications accord
ing to which working sta nd ard s may be ma de, the agenc y by
which such standa rds may be prep ared , the person by whom
or the autho rity by which and the ma nn er in which such
standa rds m ay be stam ped and authe nti cated ; the place s at
which and the custody and ma nner in whi ch such sta ndard s
may be kep t j
(4) the pro ced ure for the verificatio n or re-verific ation and marking
of working sta nd ard s, the person by whom, the place s at whic h
and the inter vals at which, they may be marke d :
(f) the ma terial of whi ch and the designs an d specifications acc ord
ing to which secondary standard s may be mad e, the places at
whic h an d the custody and manner in whi ch such standa rds
ma y be k e p t;
12
(d) the proced ure for the verification or re-verification and mar king
of secon dary standa rds and the ma nner in which they may
be marke d ;
(« ) the num ber of weighing and mea suring instruments to be kep t,
the manner in which they may be verified and stam ped and
necessary particular s rega rding the same ;
( f ) the ma nner in which comme rcial weights and measures may be
mar ked b y ma nufacturers ;
(g) fhe f° I , n a nd manner in which, an d the conditions subject to
which licenses may be gra nte d to persons for ma nufac tur e,
rep air or sale o f commercial weights and measures and weigh
ing and measurin g instruments ;
(A ) the qualif icati ons, functions and duties generally of Assistant
Controllers and Inspectors under this A c t;
!j) verification and stam ping of weights and measures and weighing
and measuring instruments and the p erio d within whic h they
are to be re-verified ;
(J ) inspection of weights and measures and weighing and mea suring
instrum ents used in transaction s for trade or comm erce ;
(k) the seizure, deten tion and disposal of weights and measures
which are n ot authorised by this Act ;
(/) the books, acco unts a nd records relatin g to weights and measures
and weighing and mea suring inst rum ents to be maintain ed
and the ma nner in which they may be ma intain ed or
pro duc ed ;
(m) the limits of err or which may be tole rate d in seco ndary or work
ing sta ndard s ;
(«) the limits of error which may be tole rate d in weigh ts and me a
sures an d weighing and mea suring instrum ents used or int en
ded to be used in tra nsa ction for tra de or comm erce ;
(o) the limits of error which may be tole rate d in selling articles by
weights and measures gener ally or as regards any tra de or class
of tra des ;
[p) the form and manner in which a ppeals may be preferre d and the
proced ure for'h eari ng app eals ;
(9) the fees which m a'^ be cha rge d under sections 13 and 21 and the
collection and levy of the same ;
(r) any e the r ma tter which has to be, or may be, prescribe d ;
(5 ) the ma terial, form a nd specification and m anu fac tur e and sals of
comm ercial weights and measures and weighing an d mea suring
instruments.
(3) In m akin g any rule under this section the State Governme nt may
pro vide th at a breach thereo f shall be pun ishable wit h fine which m ay
extend to five hu nd red rupees.
(4) All rules made under this Act shall be laid for no t less t ha n fourtee n
days before the Sta te Legislature as soon as possible afte r they are mad e,
an d shall be subject to such modifications as the Leg isla ture may mak e
durin g the session in which they are so laid or the session imm edia tely
following.
B. G. BAR UA,
Secy, to the Govt, of Assam, Law Deptt.