The Assam Adoption of Standard Weights Act, 1955
Assam · state statute
Open in Lexace · Ask the AI about this actASSAM AC T IX OF 1955 TH E ASSAM AD OP TI ON OF STA NDARD WE IGHT S AC T, 1955 (Passed by th e Assem bly) (Received the asse nt o f the Governor on the 19th April 1955) [Published in the Assam Gaz ette , dated the 27th A pril 1955] An Act to prov ide for the ado ptio n and reg ula tion of the use of stan dard weights in the Sta te of Assam. Prea mble . Whereas it is exp edie nt to ado pt Stan da rd Weig hts an d to regu late the use the reo f in the Sta te of Ass am ; It is here by enac ted in the Sixth Year o f the Republic of In di a as f ollo ws:— PART I . . 1. (1) This Act may be called the Assam Ado ption of exte nt and S tan dard Weights Act, 1955 . commence- (2) It extends to the whole of the Sta te of Assam. (3) It shall come into force on such date as the State Governmen t ma y notify in the official Gazette. Definitions 2. In this Act, unless there is any thin g rep ug nant in the subject o r context— • (1) “ Pres cribed” means prescribed by rules mad e under this Act. (2) “ Prima ry Stan dard” means the set of weigh ts supplied by the Central Gov ern ment under sub-section (2) A c t j x o f of section 4 o f the S tand ard Weights A ct, 1939. 1939.« (3) “ Rul es” mean the rules mad e under this Act. (4) “ An Inspector” mean an Inspector app oin ted un de r section 13. (5) “ Secondary Standards” mea n the weights pre pared and stam ped under sub-section (1) o f sectio n 5. (6) Th e expression “ Verifica tion” used with reference to a weight or weighing ins tru me nt, includes the process of co mparin g, checking or testing of such weights or weighing instruments. (7) “ Weighing I nst rum ent s” includ e scales, with the weigh ts belongin g the reto, scale beams, balances, sprin g bala nce s, steel yards, weighing mach ines and oth er ins tru men ts for weighing. (8) “ Working Sta ndard s” mean the wei ght pre pared and stam ped un der sub-section (I) of section 6. [ Price 3 annas or 3d. ] 2 PART II Standard 3. (1) Th e weigh ts set forth in sub-section (1) of sec- A ^ei ghts . tion 3 o f t jje Stan dar ds of W eight Act, 1939 and reprodu ced A j‘ o f in P ar t I o f the First Sche dule h eret o annexed as well as the multiple s an d sub-multiples of these weights setforth in Pa rt II of the said schedule and auth orised under sub section (2) of the aforesaid section, shall be the weights authorised to be used in the Sta te of Assam and shall be the Sta ndard Weights for the purpose of this Act. Primary 4. (1) Th e authe nticated set of weights supp lied by Act IX of the C ent ral Governmen t under sub-section (2) of sectio n 4, 1939. 0 e 'g ti. t jl e s t a n cja r (]s o f Weight Act, 1939, shall be the Pri ma ry Sta ndard s and shall be used for the purpose of veri fying the seco ndary standard s. (2) Th e Prim ary Sta ndard s shall be kept in such custody as the S tate Governme nt may direct. Secondary 5. (f) For the pu rpose of verifying the working stan- of*VeTcht dards of weigh t, such sta nd ard weights as the S tate Govern me nt may consider expedie nt shall be pre pared , marked an d stam ped in such ma nner as the Sta te Governmen t may pres cribe. Th e standard weights so prepar ed, marked and stam ped shall be the Secondary Standa rds and the Sta te Governme nt may provide and keep such Secondary Sta ndard s in the custody of the Adm inistrative He ad of each d istrict or subdiv ision. (2) (a) Onc e at least in every five years such secondary stan dar ds shall be verified with the prima ry stan dar ds and shall be adju sted or rep lac ed, if necessary, and shall be marked with the date of verification by such officer as Gov ern ment may au thorise. (A ) A secondary sta ndard which is not so verified or adju sted or repla ced and marked with in the aforesaid period shall not b e deem ed legal an d shall not be used for the purposes o f this Act. Working 6 . (1) For th e purpose of verifying weigh ts in use in standards, the Sta te, the State Gover nment m ay provide such working stan dar ds as i t thinks fit. The y shall be made of such materi als and acco rding to such specifications and by such agen cy an d shall be verified with the secondary stan dards and sta mpe d by such persons a nd in such ma nn er as th e S tate Governme nt may prescribe. (2) T he working standard s shall be kept in the custody of such officers an d shall be verified in such ma nner as the Sta te Governme nt may dir ect. (3) A working sta nd ard shall no t be legal or be used unless it has been pro per ly verified and marked und er this Act. Weighing 7. Properly stam ped weighing inst rum ents shall be Instruments, kep t at all places where secon dary stan dards or working sta ndard s of weights are kept. Such inst rum ents shall be of such kind and kept, verified, adjusted or repl aced in such ma nner as m ay be prescribed. a Pro hib itio n of weights oth er tha n stan da rd ones. Res tri ction on loc al au thorities. 8. (1) Notwithst anding any thin g contained in any bye-law ma de under any ena ctm ent in force for the time being, all con trac ts or tran saction s which are ma de or entered into afte r this Act comes into force, for any work to be done or goods to be sold or delivered by weights shall be deem ed to be ma de or ent ered into a ccor ding to one of the standard weights laid dow n in the First Schedu le and it shall not be lawful to use o r s tipula te the use of any oth er weight in rela tion to any such contr act or transa ctio n. (2) Any con tract or transa ctio n made or ente red into in contrav ention of the provisions of sub-section (1), in so fa r as it contravenes the said provisions, shall be void, 9. Notwithstanding any thin g contained in an y other law for the time being in force, no local aut hority shall prescribe, by bye-law or othe rwis e, any s tan dar d of weig hts, and any sta nd ard of weight in force by reasons of such pres cription, on the day this Act comes into force, shall so far as it is inco nsistent with the provisions of this Act, be void. Pr oh ibition 10. Notwi thstanding any local practic e pre val ent in of loc al any p ar t of the State, it shall not be lawful in any trade pr ac tic e. or business to use any weight or weighing instru me nt which has not been verified an d stam ped in the manner prescribed. PA RT II I Ve rific ation an d St am pi ng o f Weig hts Validity of 11. No weight shall be accepte d for verificatio n under weights. the provisions of this Act, and the rules fram ed there-; un de r.— (/) unless its ma ter ial, form and specifications con form to the provisions of this Act or the rules ma de the reu nder; and (» » ) unless its den omination is marke d on the top or side the reo f in legible letters or figures or both. St am pi ng No weight or weighing ins trument shall be sold by an d veri fica - any perso n other than those licens ed under this Act. The tion of State Governme nt m ay pres cribe the form an d also fix we ights, fe e s fo r gran t and rene wal of such license. App oin t- 13. Th e Sta te Government m ay appo int any Gove rn men t of In s- me nt Officer by virtue o f his office or any oth er person to pecto r. exercise any of the functions of an Ins pec tor under this Act an d rules mad e the reu nder. Ve rifica tio n Every Inspec tor shall verify every weig ht o> an d sta mp- weighing instru me nt which is bro ugh t to him for such ing b y Ins- purp ose. If the weight or weighing ins tru me nt satisfies the pector. req uir em ent of this Act an d the rules mad e the reu nder he shall stam p the same with a stam p of verification. 4 Power to 15 , (i) An Inspec tor m ay insp ect all weights or weigh- we^hts * n S in s t r u m e n t s w ithin the area under his char ge, which are etc., ’ and u s e d by or are in the possession of any person, or are on any power of premises for sale o r use for tra de, and may verify every such entr y. weight or weighing instru me nt with a secondary or working sta ndard or weighing ins trument 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 instrum ents are sold, used or kep t for purpo ses of tra de an d inspect such weights or weighing inst rum ents . (3 ) An Inspector may seize and det ain any weig ht or weighing ins tru me nt reg ard ing which an offence under this Act appears to him to have been committed or whic h app ears to him to have b een used for the commission o f su ch offence. Power to (4 ) An Insp ecto r m ay seize and ren der inc apa ble of seiz e and u s e any defective and unadj ust abl e weight or weighing ra 'a bl e 'of inst rum ent. On bein g so rendered incapa ble of use, the capa e ot Q w n e r s a r e e n tit le d to the r etu rn o f such weight or weighing ins tru me nt, if claimed within two mon ths of the date of seizu re, otherw ise it shall become the p roperty of the S tate Governm ent. Governm ent 1 6 . If any difference arises betw een an Ins pec tor ra ?y and any person inte rested as t o the procedu re in reg ard to renc e t h e verifying, adj usting or stam ping o f an y weig ht or weigh ing ins tru me nt, such difference may be refe rred by the party interested or by the Ins pector, to such officer not below the ran k of a M agistra te of the First Glass as the Sta te Gov ernmen t may ap po int , and the decision of such officer shall be final. w Levy of fees. 17. Th e Sta te Governmen t may charge such fees for the verification, mar king, adju stin g an d stam ping o f weights or weighing instrum ents as may b e pre scr ibe d. Validit of I 8 - & we ight or weighing ins tru me nt dul y stam ped weights^ etc . under this Act shall b e legal weig ht or weighing instru me nt duly stam p- in all place s wit hin the Sta te and shall not be liab le to e d - restam ping because it is used in a place oth er than th at in which it was originally stamped. Stamped 19. A weigh t or weighing instru me nt duly stam ped weights, etc., under the provisions o f this Act or the rules made the re to be deemed under, shall be de emed to be correct until its inaccuracy is corre ct in established in course o f any legal proce edings in a Co urt o f law on production in an y such Cou rt by any public serv ant having charge the reo f under the directions of the Sta te Governmen t or by any person acti ng under the gen eral or special aut hority of such pub lic serv ant. Officers to 20. Every officer or person app oin ted or auth orised be public U IKje r the provisions of this Act shall be deem ed to be a public servant within the mea ning of section 21 of th e^ ctX L V of India n Pen al Code , 1860. I860. 5 PA RT IV P en al tie s Pen alty for 21. Whoever in any tran saction sells or purchases any sale by wei- a r ticle by any denomi nation of weight oth er than one of °t^nd- f^e Standard Weights shall, on conviction, be punishable ard ones, with fine which may exte nd to five hu ndred rupees or with imp risonment of either desc ription which may extend to six months. Penalty for 22. Whoe ver uses o r has in his possession for use for use or posses- tra de any weight or weighing ins tru me nt which is not S'hts °etc'e l~ a utho rised, verified or stam ped under or in accordance with not ’ au tho - the provisions of this Act an d the rules made there - tised. und er shall, on conviction , be pun isha ble with fine which may exte nd to five hundred rupees or imprison me nt which may extend to six month s, of eith er description and such weig ht or weighing inst rum ent shall be forfeited to the Sta te and an y tra de m ade by such weight or weighing ins tru me nt shall be void. Explanation:—When any such weight or weighing inst rum ent is found in the possession of any tra de r or of an y employee or agent of such tra de r, such tra de r shall be pres ume d, until the c ontrary is proved, to have had it in his possession for use for trade. Unless there is anyth ing rep ugnant in the sub ject or con text, tra de means and includes any dealing or con trac t. Penal ty for 23. Whoev er i n selling any article by weigh t delivers giving short o r c a u s e s to be delivered to the purchase r a weight less t han w e lg t- what is p urp ort ed to be sold shall, if the difference in weig ht exceeds the am ount of erro r pres crib ed shall, on conv iction, be pun isha ble wit h fine which may extend to thre e hu nd red rupees or w ith imp riso nment which may ex ten d to two months. Penalty for sale or delivery of weigh ts, etc ., no t verified or stam ped . Pena lty for forging of stamp or tam pering with weights, 24. Whoever sells or delivers any w eight or weighing instru me nt not authorised , verified or stam ped under this Act, shall on conviction, be pun isha ble with fine which may exte nd to one thousand rupees or wit h imprisonment of e ith er description which may exten d to one year. 25. (1) Whoever forges o r c ounterfeits any s tam p used under th is A ct for the stamping of any weig ht or weighing instru me nt, or removes a stam p from any weigh t or weighing ins trument and inserts the same into anoth er weigh t or weighing instru ment, or wilfully tamp ers with a weight or weighing instru me nt stam ped u nd er this Act so as to effect its accuracy, shall on conviction, be punisha ble with rigorous imp risonment for a period which may extend to six mon ths, or with fine which may e xtend to one thou sand rup ees, or with both. 6 (2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight or weighing ins trument with such forged o r coun terfeit stam p thereo n or a weight otherwise t am per ed with, shall on conviction, be punisha ble with rigorous imp riso nment for a period which may exten d to six mo nth s, or with fine which ma y exte nd to one thousand rupees or with both . Pe na lty for 26. Whoever on dem and by any c ompetent au tho rity ref usa l to wilfully neglects or refuses to produce for insp ection any p r o d u c e weig ht or weighing ins trument in his possession or in his w e ig h ts , premises or refuses to per mit any perso n aut horised in this etc., for be half to exam ine the same or any of them, or obstructs the ins pection. e n t r y o f (j l e authorised person into his premises, or other wise obstructs or hind ers him in perf orm ance of his lawful dut ies shall, on conviction , be pun isha ble w ith fine which may exten d to five hun dre d rupees or with imprison me nt which may extend to six m onths. Pe na lty for 27. If any Inspec tor o r any oth er person auth orised to a n ^ e i^ t e x e r c ’s e a n Y ° f the functions under this Act or rules made eta/in'con- the reu nder knowingly stam ps any weig ht or weighing tra ve nt io n ins tru me nt in con trav ention of th e provisions of this A ct or of Act or rules made there un der, he shall, on conviction, be Rules. punis hab le with imprison me nt of either descrip tion for a period which may exte nd to one year or with fine or with bot h ; Provide d th at no Cou rt shall take cognizance of an offence under this sectio n except on pri or sanction of the State Gov ern ment. All offen ces 28. All offences under this Act shall be cognizable, co gn iza ble . Ba r to su it, 29. No suit, prosecution or oth er legal proceedings pro sec utio n, shall be ins titu ted against any public servant for any thin g thing done in which is in good faith done or inte nde d to be done under goo d fa ith , the provisions of this Act or rules made the reu nder, PA RT V M is ce lla ne ou s De leg ati on 30. Any of the powers and -duties confe rred and im- of pow ers p O sej upo n the Sta te Governme nt by this Act ma y be Gov ern-6 exercised an d perf orm ed, subject to such conditions as the rnen t. " St ate Gov ernm ent may thin k fit, by any pe rson whom the Sta te Gov ern ment may, by general or special order, em power in this behalf. Margin of 31. Th e Sta te Governme nt may prescribe the am ount of err or to be allow ed in selling articles by weight gene rally or as regards any tra de or class of trad es. 32. Trial o f offences under this Act shall not pre clude the trial of any perso n under any oth er law in force for the time being. Pow er of 33. T he St ate Governmen t ma y, afte r previous pub - Gbvemme nt lica tion , make rules to carry out the purposes of this Act to make a n c j s u c b r u ie s m ay prov ide a pen alty not exceeding fifty tu l e s- rup ees for a b rea ch thereo f. erro r. Offences un de r othe r ex ist ing laws. Repeal and amend* ments. 5 ? 34. On the comin g into force of this Act— Th e ena ctm ents specified in the Second Schedule to this Act shall be deem ed to have been ame nded to the exte nt an d in the manner specified in the second column there of. TH E fir st SCHE DULE STA ND ARD WE IGHT S [ See Sec tion 3 (I) ] Pa rt I Act IX of 1939—Section 3, sub-section (1) of th e Sta ndard s of Weight Act, 1939 3. (1) Th ere shall be the following standard weights, na m el y:— (a) Th e standard tola, being a weight of 180 s tan dard grains. ( Z > ) Th e standard seer, bein g a weight of 80 sta nd ard tolas or 14,400 sta ndard grains. (r) Th e sta ndard m aun d, being a weight of 40 sta ndard seers. (d) Th e sta ndard pou nd avo irdupois, bein g a weight of 7,000 standard grains. («) Th e sta ndard ounce avoir dupois, being one-sixteenth pa rt of the weig ht of a sta ndard pound avo irdupo is. ( / ) Th e sta ndard hun dred-w eight, bein g a weight of 112 st and ard pounds avoir dupois. (g) Th e sta ndard ton, being a weig ht of 2,240 sta ndard pounds avoir du pois, — Pa rt H As m ultip les and sub-multiples of the Sta ndard Weights in Pa rt I a b o v e - («) Multiples of th e tola :— 5 tolas ... ... ... -- * 1 chh ata k. 10 „ ... ... ... •• • 2 chha taks or ha lf powa 20 ,, ... ... ... ... 1 powa. 40 „ ... ... ... ... J seer. (6) Sub -multipl es of the t o la :— | tola ... ... ... ... 6 m asha s. i ,, ... ... ... ... 3 „ 1/12 ,, ... ... ... •• • 1 ma sha . 1/16 „ ... ... ... ... 1 ann a. = 6 rat is. 1/24 ,, ... ... ... ... I masha or 4 ratis. 1/96 „ ... ... ... ... 1 rat i. (r) Multiples of the seer 5 seers ... ... ... ... 1 pan seri or pasuri, 20 „ „ ... ... ... ... J ma un d. 8 Sta nd ard India n Air is defined as follows:— Te mp era tur e.— 85 deg. Fa hr. 29‘44 deg. cent. Pressure.—A column of Mercury at 0 deg. C.2 9’8 inches or 756-919 m m. in height. Carbo n diox ide gas.— O ’0006 of t he volum e of the air . Vapour ten sio n.— 0-75 inch es: 19 -05 m m. La titu de a t Calcu tta 22° 3 5' 6-6". Height abov e M . S. L. 22-6 feet. On e litr e of Sta nd ard In dian Air at C alc utta weights 1*14917 grm, THE SECOND SCHEDULE RE PEAL AND A ME ND ME NT S (See Section 34) Enactment amended Titl e of the A ct 1. Th e Assam Municipal Act, 1923 (Assam Act V of 1923). 2, Th e Assam Local Self-Gov ernm ent Act, 1953 (Assam Act XXV of 1953). Am endm ents Clause (X X V III) of section 297 shall be del eted, an d clauses (X XIX ) (XXX ) and (X XXI) ren umbered as clauses (X X V II I) , (X XI X) and (XXX ) respectively. In clause (< /) of section 82 for the comma a semi-colon shall be substi tut ed and the words “ an d prescribe the weights and measures to be used in such baz ars ” shall be dele ted. A.G .I’. (L eg ,) No.38/55—1050—21-10-1955.
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