The Assam Weights and Measures (Enforcement) (Amendment) Act, 1964

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Registered No. A —12,
Th e Assam Gaz ette
W H  qJR
EXTRAORDINARY
PUBLISHED BY AUTHORITY
No.67 Shillo ng, Mon da y, Dee. 21, 1864, 38th Ag raha ya na , 1886 S.E,
GOVERNMENT OF ASSAM
ORDERS BY  THE GOVE RNOR 
LAW DEPARTME NT
NOTI FI CATI ON
Th e 19th December 1964
No.LJL. 12/62/5. —Th e following Act of the Assam Legislative Assembly 
whic h received the assent of the  Governo r is hereby published for general 
inform ation.
(Received the assent o f the Governor on the 19th December, 196 4)  
ASS AM  ACT XXVII OF  19 64
THE ASS AM  WEIGH TS  AND ME AS UR ES  (ENF OR CE MEN T) 
(AM EN DM EN T) AC T, 1964.
[Published in the Assam Gazette Extr aordina ry, dated the 21st
Dece mber, 1964]
An
Act
further to amend the Assam Weights and Meas ures (Enforcement)
Act, 195 8.
Pre amb le Whereas it is expedie nt fur the r to am end  t he  Assam  Act
Assam Weights and Measures (Enforcement) Act, ot
1958, her einafte r called the principa l Act, in the  man- 195 9’  
ne r hereinafte r ap pe ar in g:
It  is he reby ena cted in the Fif tee nth  Yea r of the 
Republic of In di a as follows
Short titl e, 1 .( 1 )  This Act may be called the  Assam Weights 
extent and  a n j  Measures (En forc eme nt) (Am end ment) Act, 
m ^ b 'nC e‘ 1 9 6 4 >

406 TH E ASSAM GA ZE TT E, EX TR AO RD INAR Y, DEG. 2 l,  1964
(2) It  shall have the like extent as the princi­
pa l Act.
(3) It  shall come into  force at  once.
o^Tection'a* 2. In  sectio n 2 of the  princ ipa l Act, after 
o f Assa m clause (k), the following shall be inserted  a3  clauses (1 ) 
Ac t X IX  o f and (m ), namely
19 59 .
“ (1) ‘Sealed package or conta ine r’ means a 
closed pack age, bottle, casket, tin , bar rel, 
case, rece ptac le, bag, sack, wrapper or 
oth er thing in which any article is place d 
or packed and which is inte nded to be 
sold with  its contents, withou t any 
weig hment or measurem ent of such 
conte nts at  the  time  of sale ;
(m) ‘Use in transa ctio n for tra de  or comm erce’ 
means use for the purp ose of  determ inin g 
or declaring t he qu antity  o f any  thing in 
terms of measurem ent of length, area, 
volume, cap acity or weight in or in 
connection  w it h:—
(a) any contr act , wheth er by way of sale, pu r­
chase, exchange or otherwise ; or
(b) any assessment of royalty, toll, duty or
other dues ; or
(c) the assessment of any work done or  services
ren der ed, otherwise than  in relatio n to 
research or scientific studies or in 
ind ividua l house-holds for house-hold 
purposes.”
Am endm ent 3. In  section S  of the prin cipal Act,- 
of  sec tion  
3 o f Assam 
Ac t X IX  o f 
1959.
(l ) in sub-section (1), for the punct uat ion  
com ma occurring between the words “ standa rds” and 
“ and special”  the  pun ctu ation fullstop shall j be 
sub stituted and  thereafter the words “and special sets 
of work ing stan dar ds in relation to  bullion including 
prec ious  stones” shall be deleted ;
(2) the proviso to sub-se ction (4) shall 
be deleted.

TH E ASSAM GA ZE TT E, EX TR AO RD INAR Y, DEG. 21, 1964 40?
Amendment 4 . In ' section 7 of the  principa l Act, for sub- 
n \ S Cf a°B  7  s c c t‘on (1) » following shall be sub stit ute d,
Act x ix  na me ly:—
of  1959.
“ (1) Notwi ths tan din g anyth ing  conta ine d in any 
oth er law or any custom, usage or 
pra ctice, no unit of mass or measure other 
than  the  sta nd ard weights or measures 
shall be used in any tran saction s for trade 
or commerce in any are a or class of goods 
or und erta kings in respect of which this 
Act has come int o force or be kep t in any 
premises where such transactions are usually 
con ducted.”
Substitution  5. For sectio n 14,  the following shall be sub- 
of  section 14  stitute d, na m el y:— 
of Aisam
Act X IX  of
1959.
“ Marking 14. No pers on shall, offer for sale, expose for 
mc asu rct on  s a^e ’ o r  Eave in his  possession fo r sale, any art icle con- 
sealed con - tained in a sealed packag e or conta ine r unless such 
tain ers. pack age or conta ine r bear s thereon, or on a labe l 
securely attach ed  the ret o, a description of  the net
weig ht or m easu re of the  art icle con tain ed therein :
Prov ided th at  the  provisions of this section shall 
not app ly to—
.(» ) any sealed pack age or con tain er—
(a) of net weight o f less tha n one hundred  and  
twenty gram mes, if the  sealed package 
or container contains biscuits, confec­
tionery or sweets ; a nd
(b) of net  weight of less than sixty grammes, 
if the  sealed  pack age or c ontainer  con­
tain s any  o the r foodstuff ;
(ii) any oth er article sold, offered for sale, exposed 
for sale, or in possession for sale whic h is not 
ordinarily  sold in transact ions  for tra de  or 
commerce by w eight or measure s
_  P rovided fur the r that the  Sta te Governmen t may, 
if it is satisfied th at  the size of any class of such 
• packages or contain ers renders it impra ctic able to 
comply with  the provisions of  this sectio n by notifica- 
*;on in the official Gazette, exempt  such class from the
ope ration of this section.”

408 THE ASSAM GAZETTE, EXTR AORD INA RY, DEC. 2 1 U 964
Insertion  of 6. After section 14 of the  princi pal  Act, the  
inCtl°A ss am  lo w in g  shall be inserted as section 14A, n am ely:—
Act X IX
oi 1959.
“ P r o  hi- 14A. N o person shall, in any tran saction  for trade 
b i t i o n of or commerce, quo te the p rice, or express the  quantity ,
q u  o 1 1 n g op a n y a i tid e otherwise than  in terms of the standard  price , or ex- . , \  » >
p t e s . i n g  w e i Sh t  o r  measure, 
qua ntit y, of
an y article
other w i s e
th a n  in
t e r m s  of
sta n d a r d
weight or
measure.
Amendment 7. For  sub-section (5) of section 17 of the principal 
of (S)! e c ti o“ Act, following shall be substitu ted, nam ely; —
Assam A c t
XIX  of lq59.
A
“ (5) Whe re an Inspecto r has reason to believe 
th at  a  sealed package or con tain er of  an 
arti cle does not actu ally con tain  the net 
weigh t or measure of th e article  which it pur­
ports to contain, the  Insp ecto r may brea k 
open the sealed package or conta ine r an d 
verify its contents, and
(i) if, on such verification, the n et weig ht or 
measure of the article is fou nd to be cor­
rect, the  Insp ecto r shall ten der  the  fair 
price ther eof and may req uir e a writte n 
acknowledgment therefor ;
(ii) if, on the  o ther hand, the  net weight or 
meas ure of the article  is foun d on such 
verification to be incorre ct, the Insp ecto r 
may seize th e pack age or c on tai ner an d the  
article  con tain ed the rei n, afte r tendering 
the  fa ir price thereo f where the  seizure is 
ma de from any  person  oth er than  the  
ma nufac tur er, and may file a comp laint 
against the  ma nuf acturer for contrav en­
tio n of the provisions of section 14.”
Substi tu- 8. For  section 21  of the prin cipal Act, the  following 
tion of sec- Bh a n  b e s ubstitut ed, namely :— t i o  n 21
of  Assam Act
X IX  o f
1959.
“ Levy of 21 . Th e State Governmen t may  cha rge such fees  
fees. for the  grant of licences under section 13,
for ma nufac tur e, rep air  or sale of weights and 
measures and weighing and  measuring instruments

r  *
/ » -f
I HE  AS SAM G AZ ET TE , EX TR AOR DIN AR Y,  DEG . 21, 1964 409
and  also for the  verific ation, mar king, 
stam ping  and adj ustment of weights and  
measures and  weighing an d mea suring ins tru ­
ments as may be prescribed.”
men* " of In  section  23 of the  prin cipa l Act, betw een the 
section 23 of words “ sta ndard  weights or measures” an d “sha ll”  
Assam Act the  words “or whoever afte r the commen cement of 
X I5 L -O
o f the Assam Weights an d Measures (Enforcement) 
(Ame ndme nt) Act, 1964 keeps any uni t or mass or 
meas ure Gther th an  the sta ndard  weights or measures 
in any premises where such transact ions  are  usually
con duc ted” shall be inserted.
Insertion of 10.  After section 28 of the pri ncipa l Act, the
section 28A following shall be inse rted  as section 28A, na mely:— in Assam 
Act XIX  of 
1959.
“ Penalty for 
quo ting  p ri­
ces or expres­
sing qua n­
titie s other­
wise tha n 
in terms of 
sta n d a  r  d 
weigh t or 
measure.
28A, Whoever contravenes th e provisions of  sec­
tion  14A sh all be pun ishabl e with fine w hich 
may  exte nd to one tho usa nd rupe es.”
Substitut ioa - II. For  section 32 of the prin cipal Act, 
°e ^c t l 0 n^'TrorroiVtng--ebaU.-be--«iI)5t5ijjted.. n am ely ; — the
of Assam Act 
X IX  of  1959.
“ Penalty for 
delivering o r 
receiving any 
quan tity of  
artic le less 
tha n, or in 
excess of the 
qua ntity fix ­
ed by the 
weigh t or 
measure in 
th  e c o si- 
tract.
32. Whoever—
(i) in selling any  article  by weig ht or measure
delivers or causes to be delivere d to the 
purcha ser any  qu an tit y of th at  article  
less th an , or
(ii) in buy ing  any article by weight or 
meas ure dema nds or receives or causes to be 
dem and ed or received from the vendor 
any qu an tity of th at  article in excess 
of,
the qu an tit y fixed by the  weight or 
meas ure by which the  contr act  or  dealing 
in respect of tha t article has been  made, 
shall be punis hab le with fine w hich may 
exte nd to five h un dred rupe es.”
Am ena ment 12. In  sub-section (1) of section 38 of the principa l 
Tc ti o n a3^ . Act, for the words “ an Assistant Con troller ” occur-
°x ix a m of r i n 8 betw een the words “ or ”  an d “ aut hor ised” 
l9 59. the  words “any officer” shall be substitu ted.

* #
410 THE ASSAM  GA ZE TT E, EX TR AO RD IN AR Y, DEG. 21, 1964
In se rti on  of  13. After  section 40 of the prin cipal Act, the
section 40A fo llo w mg shall be inserted as section 40A, namely 
in  Assam 
Act X IX  of 
1959.
"Co mp osition  40A. (1) Any offence pun ishabl e under  sec- 
o o ences. t io n s  24, 27, 28, 28A, 32 or 34 and oth er tha n a 
secon d o r subseque nt offence und er section 23 or 25 
ma y, either before or after the  institu tion  of the 
pro secutio n, be com pounded by the Sta te Governmen t 
on pay ment of such sum as the  State Governm ent
think s fit.
(2) On  pay men t by the  offender of the com­
pou nding money as per  sub-section (l ),  the  of fend er/ 
if in custody, shall be set at. liberty an d if any pro­
ceedings in any crim inal cou rt have been  institut ed 
aga ins t the  offender in respect of the offence, 
the compositio n shall be deem ed to am ount to an 
acquitta l and no further crim inal proceedings shall 
be taken against him  in respect of such offence.”
Inserti on  
of sec tion
43 A r in
Assa m A c i
X IX of
1959.
14. After section 43 of the  principal Act, the  
following shall be i nserted as section 43A, namely :—
“Ex em p- 43A. Nothi ng in this Actjsha ll app ly to weights o r 
tion . measures or  weighing-^oFTnea suring instrum ents used
by or in. an y unit or estab lishment of the  Armed
rees- of  the Union .”
U. TA HB ILD AR .
De puty Secy, to  the  Gov t, of Assam,
La w De partm ent
Shillong -—Printed and published by the Superinte nden t, Assam Government  
Press (Ex. Gazette) 1 3 3 -1 2 4 9 + 1 2 —21-12-64.

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