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The Assam Adoption of Standard Weights Act, 1955

Assam · state statute
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ASSAM 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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