LexThe Odisha Weights and Measures (Enforcement) Act,1958
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The Orissa Weights and Measures (Enforcement) Act,
Act 20 of 1958
Keyword(s):
Commercial Weight or Measure, Measuring Instrument, Mint, Standard
Weight or Measure, Reference Standards, Secondary Standards, Stamping,
Verification, Weighing Instrument, Working Standards
ORISSA ACT 20 OF 1958
Tm ORZSsA WEIGHTS AND ~~
(ENFORCEMBNTJ ACT, z9se
--A
CONTENTS
PmMBLE
Sections
I. Short title, extent and commencement
2. Defiai:iw-
3. Working standards
!
4. Secondary standards I
5. Reference standards
6. Standard weighing and measuring instruments
7. Prohibition of use of weights and measurer; other than standard ~vcj&s aid
measures.
8. Power to prescribe the use of weights onIy or maurcs only- in certain cases
9. Marking of denominations on comercia1 weights and measures
10. Prohibitions of sale of unstampd commercial weights ad measura
11. Prohibition of use of unstamped commercial weights or measures
12. power of State Government to bempt
13. Prohibition of mnufacture, etc., of weights and measures without licenw
14. Marking of weights or measures on sealed cclntainers
15. Appointment of Controller and other authorities and their powers and functiom
16. Inspectors to enter into recagniance
17. Verification and stampiug by Inspecton
18. Powcr to inspect, etc.
19. Pawer of Iuspector to adjust weights or measures
20. ChntroIler, Inspctor, etc. to bc public semnk
21. Manufacturers, do., to mainGn rq~ords and docmenia
22. Appeals
I.
23. Levy of fee0
SECTIONS
24. Validity of weights and measures duly stamped
u. Penalty for sr3 : or delivery by weight or measure other than standard weight or
measure.
26. PenaIty for sale of ustamped comercia1 weights and measures
27. Penalty for use of unstamped commerciat weights and measures
28. Penalty for manufacture of weights, etc., without Iicence
29. PenaIty for use af weight or measure in contravention of section 8
30. PenalQ for failure to mark weight ot measurc on sealed containers
31. Penalty for fraudulent use of weights or measures, etc.
32. Pcnalty for being in possession of false weight or measure, etc.
33. Penalty for malung or selling false weight or measure, etc.
34. Yenalty for giving short weight or measure
35. Pendty forging etc., of weights or measures
36. Penalty for neglect or refusal to produce weight or measure etc., for inspection
37. Penalty for breach of duty by Inspector
38. ~rotw&a of action taken in good faith
39. Cognizance of offenas, etc.
40. Stamped weights, etc., to be presumed to be correct
4l.Offencesby Companies
42. Delegation of power6
43, Limits of error to be tolerated in weights and mwsures
44. Power to make rules
45, Repeal
ORTSSA ACT 20 OF 1958
'&THE ORISSA WEIGHTS A5D MEASWS
(ENFORCEMENT) ACT, 19581
[Rccciwd the assettt of llze Governor
on the 8th July 1958, fist pubZislted in
the ex!raordiliary issue of the
Orissa Gazette, daied the
14th July 19581
AN ACT TO PROVJPE FOR THE ENFORCEMENT OF
STANDARD 'WEIGHE AND MEASURES AND
FOR MATTERS CONMXTED THEREWYra
WHEREAS it is expedient to enforce the standard mmbb
I
weights and measures based on metric system in the
State of Orissa and to providc for other matters
connected therewith;
It is hereby enacted by the .Legislature of the
State of Orissa in the Ninth Year of the Republic
of India as follows:--
CHAPTER 1
1. (I) This AC t may be called the Orissa Weights short trtrq
and Measur~s (Enforcement) . Act, 1958. c~rnrnence extcn t and
menL
(2) It extends to the whole of the State of Orissa.
(3) It shaIl come into force on such date as the
State Government may, by notification2 in the Gazette
appoint, and different dates may be appointed for
different.provisions of this Act or for different areas
or for different classes of undertakings or for different
classes of goods,
1. For Stahment of Objects and Reasons, see Orissu GazeIte, Extraordinary, &d tho
20th March 1958 (No. ]Up).
2. Came into tom with qfect from thc May 1960 vide Notificati,on No. 1Ssa4.~. II-M.2216&D. dated the 18th Apni 1960, published ra 0- we~fe, Btraordmary, dated
20th PpriI 1W Rlo. 386)
28 TEE 0131~s~ WEIGHTS AND MEASURES [Or. Act
(Sec. 2)
D&iitions 2. In this Act, unless the context otherwise
requires-
(a)"Comercial weight or measure" means a
weight or measure purporting to be a standard weight
or measure used in, any transactions for trade or
commerce;
I [ (6) 'ControUer' , 'Additional Controller',
'Joint Controller', 'Deputy Controaer' and 'Assistant
Controller' mean the Controller, Additional Con-
trorer, Joint Controller, Deputy Controller and Assist-
ant ControlIer pf Weights and Measures appointed
under section 15; ]
2[ (c) 'Inspector' means an Xnspector or Senior
Inspector of Weights and Measures appointed under
section 15 ; ]
(d) "Measuring instrument" means any measww-
ing instrument other than a weighing instrument and
includes any instrument for measuring length, area,
volume or capacity;
(e) "mint " means the mint of the Central Govern-
ment either in Bombay or in Calcutta;
(f\ "Prescribed " means prescribed by des made
under this Act;
(g) "Standa~d wight or measure" means any
unit of mass or measure referred to in sub-section (1)
of section 13. of the Standards of Weights and Mea-
sures Act, 1936 and includes any other weight Or89ofu56
measure permitted to be used by the Central Govern-
ment in pursuahce of sub-section (I) of section 14
of the said Act;
(h) "Reference standards" mean the sets of
standard weights and measures supplied to the State
Government by the Central Government in pursuance
of sub-section (2) of section 15 of the Standards of
Weights and Measures Act, 1956; 89 of 1956
(i) "Secondary standards" mean weights and
measures prepared under sub-section (I) of section 4;
1. Substituted by thc Or ha ~cishm and Measurcs (Enforcement) (Amntdment) A* 1969
(Or. Act 7 of 1969),~. 2 (0.
(j) "Stamping " means nvrkirtg in sucli manner
as to be so far as practicable, inc!cli'u!e and ii~cluc;ss
casting, engraving, etching 3rd ?,randing;
(k) "Uerification" with its grzmrnatical varia-
tions used,witb. reference to n weight or measure or
weighing or measurins instrun;cnt, i ncludcs tl~c process
of comparing, checking or testi~g such weight or
measure or weighing or measuring instrument and
also includes revcri fication;
(I) "Weighing instrument" rmans my ir~strument
for weighrng and includes scales slith the weights belong-
ing thereto, scale-beams, balances, spring baIances,
steel yards and other weighillg machines;
(m) "Working standards" mean weights and
measures prepared under sub-section (1) of section 3;
(n) "ruIes" means rules made under section '44.
CHAPTER 11
STANDARD WEIGHTS AND MEASURES
3. (1) For the purpose af verifying the correctness Workhg
of commercial weights and measures and weighing standark
and measuring instruments used in transactions for
trade or commerce, the State Government may cause
to be prepared as many sefs of authenticated standard
weights and measures as they may deem necessary
to be called the working standards, and special sets
of working standards in relation to bullion and predous
stones may abo be prepared.
(2) The working standards shail- .be made of
such material and according to such designs and I
specifications and_shalI be prepared by such agency
and shall be stamped and authenticated by such
person or authority and in such manner as may be
prescribed. I'
(3) The working standards shall be kept at such .
places, in such custody and in such manner as may
be .prescribed.
(4) A working standard shall be versed with
the secondary standard and marked by such persons,
at such places, at such intervals and in sucb manner
as may be prescribed:
Scondw -tundatdb
Roftrcnce
stmdards.
Stsntlard
reighing
and mau-
ring ham-
mcntr.
THE ORISSA WEIGHTS AND MEASURES [Or. Act
Secs:4-6 )
Provided that a special working standard in
relation to bullion and precious stones shaU be verzed
with the reference standard.
(5) A working standard which is not so verified
.and marked within the prescribed period shall not
be deemed legal or be used for the purposes of this Act.
(6) A working standard which has become de-
fective shall not be deemed legal or be used for the
purposes of this Act, until it has been verified and
mnrked in the prescribed manner.
4. (1) For the purpose of verifying the correct-
ness of the working standards, the State Government
may .cause to be prepared at the Mint as many sets
of authenticated standard weights and measures as
they .may deem necessary to be call~d the secondary
standards.
(2) The secondary standards shall be made of
such material and according to such design and specs-
cations as may be prescribed and shall be stamped
ad authenticated by such person or authority as the
Central Government may direct.
(3) The secondary standards shall be kept at
such places, in such custody and in such manner as
may be prescribed.
(4) A secondary standard shall be ve&ed with
the reference stdndard at lea.st once in. every .period
of five yeah and shall be marked with the date .of
verification in. the prescribed manner by such person
or authority as the State Government may direct;
(5) A secondary standard which is not so verified
and marked within the aforesaid period shall not.. be
deemed legal and shall not be used for the purposes
of .this Act.
5. The reference standards shall-be kept at such
P
laces, in such custody and in such manner as the
tate Governme~lt may dkect.
6. (1) For thepUpOs~s of verifying the correctness
of commercial weights and measures and of weighing
and measuring instruments used in, transactions for
trade or commerce, the State Government may cause
to be prepared as many sets of weighing and measuring
instruments . , as they may deem necessary.
(2)Such instruments shall be of such kind kept in
such number and shall, be- -veded and stamped in
such manner as may be prescribed,
20 of 1958 ] @NFORCZMENT) ACT, 1958 3 1
(Secs. 7-9)
(3) Such instruments shall be kept at alI places
where secondary standard or working standards
are kept.
Prohibition 7. (I) Notwithstanding anything contained in
any other law or any custom, usage or practice, no wolgbt~md
unit of mass or measure, other than the standard rnwures
other than
weights or measures shall be used in any transactionsstapdard
for trade or commerce or any dealing or contract or we~ghb ad
mcasure.
for any work to be done or goods to be sold or deli-
vered ir! any area or in relation to any class of goods
or undertakings in respect of which this Act has been
brought into force.
(2) Any custom, usage, practice or method of
whatever nature which permits in any trade or trader,
seller or buyer to demand, to receive or cause to be
demanded or received any quantity of article in
excess of or less than the quantity fixed by the weight
or measure by which the contract or dealing-in respect
of the said article has been made, shall be void.
(3) Any transaction, deaIing or contract made
or had, after the expiry of three months from the
commencement of this Act shall, in so far as it con-
travenes the provisions of sub-section (l), be void.
8. (1) Notwithstanding anything contained in Powm fo
pmmi this Act, the State Government may by notification bq ~9 .f
in the Gazette, direct that in any specified trade or wughts only 'or !
class of trades no transaction, dealing or contractmres
shall be made or had, except by weight only, or only 'n ccr-
except by measbre only. ,' *
bincaw.
(2)- A notification issued under this sectioh shall
take effect in such area, with effect from such date
and subject to such conditions, if any, as may
specified therein.
CHAPTER 111
VWFICATION ST~ING OF WEIGHTS
AND MEASURES
9. Every weight or measure manufactured for M* of
use as a commercial weight or measure shall bear the deaormnrt
lions on description of the weight or measure which it pur- cot-nmrccd
ports, to be marked IegibIeon it in such manner as,,
may be prescribed.
32 THE ORESA WEIGHTS AND MEASURES : [Or. Act
[Sets. 10-,151
Prohibitions
of rdo of 10. No commercial weight or measure or weigh-
mt,w+ ing or measuring instrument shdl be sold or delivered
?&;=: unless it has been verified or re-verified in accordance
mess-. with the rules and stamped in the prescribed manner
by an Inspector with stamp of verification.
Prohibition
of use of 11. No weight or measure or weighing or lreasur-
,,mpd ing instruments shall be used in transactions ic trade
commercial or commerce unless it has been velified or re-verified
weights or
,,,,,. in-accordance with the rules and stamped in the pres-
cribed manner by an Inspector, with a stamp cf
verijication.
Power of
State 12. Where the size of a commercial weight or
Govcmrnent measure renders it impracticabIe to have any deoo-
toampt- mination marked on it under the provisions of sectiog
9 'or to be stamped under fhe provisions of section 10
or section 13, the State Government may, by notifica-
tion in the Gazette, exempt such weights or measures
from being so stamped.
Prohibition
of IMIuu~~G '[13. No person in course of trade or business
turpetc. shall manufacture, repair or sell any commercial
=Znd weight or measure or any weighing or measuring
~tnout instrument unless he has obtained in the prescribed
Lima. manner a licence in this behalf from the State Govern-
ment or any Officer authodsed by such Government.]
Markina of
~cnghts or 14. NO person shall sell, offer for sale, expose
masumon for sale or have in his possession for sale, any article
-lad contained in a sealed package or container unless containtrs.
such package or container bears thereon, or on a
label securely attached thereto, a description of the
net weight or measere of the article crntained there-
in :
2[Provided that the provisions of this sectjon
shall not apply to any article which is not ordinarily
sold by weight or measure.]
~~poidt ment 3[~ 5 (I) The State Government may appoint a
ofContrdlm Conmer, an Additional Controller and a Joint
& controller of Weights and Measures for the State and
and their as many Deputy Control!ers, Assistant Controllers,
=ySd Inspectors and Senior Inspectors of Weights and --
1. Subshted hy the Orissa Weights and Mcasurcs @dommat)
(Amendment ) Act, I959 (Or. Act 13 or 1959), s. 2.
2 Added by ibid, d, 3-
3. subEtitukd by the Oriua We'kbts and Mmsurcs (Enfment)
(Amendmeat) Act, 1969 (Or, Act 7 of 1969), s. 3- .
20 of 19581 (ENFORC~) ACT, I958
(Sets. 16-17)
Measures as may be neassary for the purposes of
this Act; and the authorities so appointed shall exercise
the powers and discharge the duties conferred or
imposed on them by or under this Act.
(2) The local jurisdiction of the Inspectors shall
be such as the State Government may, by general or
special order, specify in that behalf.
(3) Subject to the provisions of this Act the
Additional Controller, the Joht Controller and a11
Deputy Controllers, Assistant Controllers and Ins-
pectors shall be subject to the general superinten-
dence and control of the Controller.
(4) The Controller, the Additional Controller,
the Joint Con.troller, Deputy Controllers and Assist-
ant Controllers may, in addition to the powers and
duties conferred or imposed on them, exercise any
power and discharge any duty conferred or imposed
on the Inspectors.]
f nspector.s 16. Every Inspector shall forthwith on his toenter into
appointment enter jnto a rmgnkance with the State ~wizance.
Government in such sum as may be prescribed for
thc due performance of the duties of his oEce, fox
the due payment at the time and in the manner
required by the State Government of all moneys
received by him under this Act and for the safety
of the secondary and working standards, if any, and
of the stamps and appliances for verification com-
mitted to his charge and for their due surrender
immediately on his ceasing to hoId ofice.
Vdfcatlon 17. (1) Every Inspector shall, far the purpose of ,a stampine
ve*catioa of weights -and measures and weighingby Inspec-
and measuring instruments, attend at such places and tors,
time within his jurisdiction as may be appointed in
this behalf by the Controller.
(2) The Inspector shall verify every weight or
measure or weighing or measuring instrument which
is brought to him for the purpose of verification and
if he kds such weight or measure or weighing or
measuring instrument correct and in conformity with
89of1936 the Standards of Weights and Measures Act, 1956,
and the ml& made thereunder, he shall stamp the
same with a stamp of verification in the prescribed
manner.
34 ORISSA WE~OBTS AND MEASURES [Or. Act
(Sec. 18)
P.OWW to 18. (1) An Inspector may, within the area under
Inap'p his jurisdiction, inspect at all reasonable times, the
weights, measures and weighing and measuring
instruments which are used in transactions for -trade
or commerce or are in the possession of any person or
are on any premises for such use and may verify
every such weight or measure or weighing or measur-
ing instrument with a secondary oi working standard
or. weighing or measuring instrument prescribed for
the purpose,
(2) For the purpose of verifying the correctness
of any weight or measure used in any transaction, an
Inspector may also verify the weight or measure of
any article sold or delivered in the course of the
transaction.
(3) An Inspector may, at d reasonable times,
require any trade or any employee or agent of a tra-
der to produce before him for inspection all weights,
measures, weighing and measuring instruments
which are used by him or are in his possession or are
-kept on. any premises used for trade and all docu-
ments and records relating thereto and such trader,
employee or agent shall comply with such require-
ments.
(4) An Inspector may seize and detain any
weight or measure or weighing or measuring instnr-
ment regarding which an offence under this Act
appears to have been committed or which appears to
have been or which might be used in the commission
of, such an offen=, and may also seize and detain any
articles sold or delivered or caused to be sold or
delivered by means of such weight or measure or
weighing or measuring instrument together with any
documents or records' -relating thereto.
(5) Where an Inspector has reasons to believe
that a sealed package or container does not actually
contain the net weight or measure of the article which
it purports to contain, the Inspector may break
open the sealed package or container and verify its
contents and if, on such verification, the net weight
or measure of the article is found to be correct, the
Inspector, shatI re-seal the package or container
where it is possible so to do without injury to the con-
tents thereof and attach a certificate thereto stating
the mfl:ect weight or measure of the article, but if,
on the other hand, the net weight or measure of
24) 01 19581 (ENFORCEMBNT ) ACT, 1958 35
(Secs. 19-22)
article is found to be incorrect, the Tnspector may
seize and detain the package or container and the
article cont aioed therein.
(6) For the purpose of such inspection, an Ins-
pector may, at all reasonable times, enter into any
place where weights, measures or weighing or measur-
ing instruments are used or kept fox use in transae
tions for trade or commerce and inspect such weights
and measures and weighing and measuring instru-
ments.
19. mere it appears to the State Government power or
desirable that an Inspector should be allowed in anyZ;:ybtrn
area to adjust the weights or measures or weigh- weiau or
ing or measuring instruments, they may, if they -.
think fit, authorise such Inspector to adjust weights
and measures or such instruments accordingly.
' f 20. The Controller, the Additional Controller, the Conuoller,
Joint Controller and enry Deputy Controller, Assist- Sb'$
ant Controller and Inspector shall be deemed to be
public servants within the meaning of section 21 of
45 ISM) the Indiaq Penal Code.]
21. (1) Every manufacturer, repairer or dealer hlnnuf* twfi otc.. in weights and measures or weighing or measuring bd*
instruments, and every person using 'them in traasae wd
tions for trade or commercc shall maintain such re docummrtc
cords and accounts as may be prescribed and if
required so to do by an Inspector, sw produce
such records and accounts before him. , :.
(2) Notwithstanding anythidg contained in sub-
section (I), if the State Government are of opinion
that having regard to the nature of business
on. by any such mufctuter, repairer, or dealer,
it is necessary so to do, they may, by order, exempt
such person or class of persons from the operation
of that sub-section.
22: (1) hy person aggrieved by any decision
of an Inspector made under this Act may, within
skty days from the date of the decision, prefer an
appeal to the Coflcctor or to any oacer appohM
under this Act who is specially authorised m that
behalf by the State Government :
1. substitu~'by thc 0r-k Wtishw and Mwures Wfommnt) (A~~~
md) &t, 1969 (m. Ad 7 of 1%91& 4.
36 THE ORKSSA WEIGHTS AND MEASURES [Or. Ad
(Secs. 23-25)
Provided that when such decision is made by
any offlcer, other than an Inspector,in exercise of any
pwer or duty conferred or imposed on an Inspector,
the appeal shall lie to such authority as may be
prescribed .3
(2) On receipt of an .appeal under sub-section (I)
the appellate oficer shall, after giving the persons
concerned a reasonable opportunity of being heard,
decide the appeal and the decision of the appdate
authority shall be final.
Lcvy of 23. The State Government may charge such fees--
fw. (a) for 'the ,grant of licences under section 13,
f6r manufacture, repair or sale of commercial weights
and measures and weighing and measuring instruments;
and
(b) for the verxcation, marking, stamping and
adjustment of commercial weights and measures and
weighing and measuring instruments, as may be
prescribed
VaIidity of 24. A weight or measure or weighing or measuring
weightsand mcuurea instrument, duly stamped by an Inspector under this
duly ,(amp Act, shall be a l~gal weight or measure or weighing or
ed. measuring instrument in aI1 -places in which this Act
has come into force unless it is found to be false or
defective and shall not be litible to be re-stamped -by
reason merely of the fact that it is used in any place
other than .that in which it was originally stamped.
CHAPTER IiV
PeDaItg For 25. Whoever, after the expity of three months
, a 1, , from the commencement of this section, sells or causes
dcI;ivor~ by to be sold or deIivers or causes to be delivered in the
we~gh t o r ,, ,, ,,, course of any transaction for trade or commerce any
other than article by any denomination of weight or measure standard ,,&, or other than one of the standard weights or measures
measure. shalI be punishable, for a fist offence, with fine which
may extend to two hundred rupees, and for a second
or subsequent offence, with imprisonment for a period
which may extend to pne month, or with he which
may extend to five hundered rupees, or with both.
20 OX 19 58 1 { ENFORCEMENT ) ACT, 1958 3 7
( Secs. 26-29 )
26. Whoever sells or delivers any commercial PcnaIiy fir
weight or measure or any v~eighing or measuring $&yi
instrument which has not been verified or re-verified commsrciat
or stamped in accordance with the provisions of this &fid
Act and .the ruIes made thereunder shall be punishable
with fine which may extend to five hundred rupees.
27. Whoever uses in any transaction for trade ~cnrity toe
usa Of uo- or commerce, or bas in his possession for such use, at amp
any commercial weight or measure or any weighing omrnercia
or measuring instrument which has not been' verified w2:zd
or re-verified or stamped in accordance with the provi-
sions of this .Act and the rules made thereunder shall
.be punishable for a first offence, with fine which may
extend to two hundred rupees, and for a second or
subsequent offence, with imprisonment for a period
which may extend to one month, or with fine wbich
may extend to five hundred rupees, or with both.
Expla~lafion I-When any such weight or measure
or weighing or measuring instrument is found in. the
possession of any trader or any employee or agent
of such trader,. such trader, employee or agent shall
be presumed, unti1 the contrary is proved, to have
had it in his 'possession for use in transactions for
trade or commerce.
Explanaiion II-Where any weight or measure
or weighing or measuring instrument is used or pos-
sessed in contravention of this section by any employee
or agent of a trader on behalf of such a trader, such
trader shal!, unless he proves. that the offence under
this section' was - committed by his employee or agent
without his knowIedge or consent, be also deemed to
be guilty of the offence.
28. If any person manufactures, repairs, or seUs Penaltg for
any commercial weight or measure or weighing or ?;$$:
measuring instrument, without obtaining a hen& as etc., witbmt
required by seation 13, shall be punishable with 'ma*
imprisonment for a period which may extend to one
mona, or with fine which may extend to five hundred
rupees, or with both.
29. Whoever contravenes any of the provisions of ,,,, .,
a noacatign issued under section 8 shall be punish- Fm
able with line which may extend tq five hundred E$Joz
rupees. eomava a. tioa of (24 ~aw4) -ion 8.
38 - TRE ORISSA WEIGHTS Am MBASURPS. [ Or. Act
. (Secs. 30-35)
~toalti for 30. Whoever contravenes the provisions of section
14 shaU be punishable with fine which may, exterid mark weight -,
ormesure to thee hundred rupees.
onseale d
oontaincis.
~snnlty for 31. Whoever fraudulent1 y uses any standard wiight
fraudulent or measure or weighing or measuring instrument
"" which he knows to be false shall be punishable wdghts or
moa s u r es, with imprisonment for a period which may extend
~tc to one month or with he which may extend to five .
hundred rupees or with both.
,,,, h, 32. Whoever 1s in possession of any commercial
bein4 in weight or measure or weighmg or measuring instnz-
possess i o n
., ment which he knows to be'false, intending that the
woisht or same may be fraudulently used, shall be punishable
ma8U re,
etc. with imprisonment for a pericd which may extend to
Hteen days or with he, which may extend to two
hundred rupees or with both.
pp,,lt, for 33. Whoever makes, sells or disposes of or causes
mking 02- to be bade, sold or disposed of any standatd weight ulllng false , or measure or weighing or measuring instrument
mea surk which -he knows to be false, in order that the same
etc. '
may be used as true, or knowing that the same is
likely to be used as true, shall be punishabIe with
imprisontnent for a period which may extend to one
month, or with he which may extend, to five hundred
rupees or with both. ,
34. Whoever in seUing any article by weight OF
&Fs rhortmeasure, delivers ox causes to be delivered to the vrlsht o r
mtasure. purchaser less thaa what is purported to be sold
shall, if the deficiency exceeds the prescribed limit
of error, be punishable with he whch. may extend
to three hundred rupees.
PdQ for
i&, etc.
of waishts
or mama.
35. (1) Whoever forges or counterfeits- any stamp
used under this Act for the stamphg of any standard
weight or measure or, weighing or ' measuring instru-
ment or possesses any such counterfeit stam or
removes a stamp from any , standard wei& or
measure or weighing or measuring instriuheht .and
inserts the same into another weight or measure or
weighing oj measuring instrument or wiifully in-
creases :or diminishes a weight or measure so stamped
shall be punishable with impriioment fur a period
which may extend to one month, or with fine which
my extend to five hundred rupees or with both.
20of IS8 1' ( BNFORC~~~ ) ACT, 1958
(Secs. 36-38)
(2) Whoever knowingly uses, sells, disposes of
or exposes for sale any weight or measure or weighing
or measuring instrument with such forged or counter-
feit stamp thereon, or a weight or a measure so
increased or diminished shall be punishable with
imprisonment for a pefiod which may extend to one
month or with fine which may extend to five hundred
rupees or with both.
36. Whoever- p~ndbr TW
ocgfet .an
refusal to '
(a) refuses or neglects to produce for inspec- pr tl d a
tion under section 17, any weight or measure or weisbt or maaiuvo weighing or measuring instrument or any document ,t,., for
or record relating thereto in his possession or on his 1nspccw.
premises ; or
(b) refuses to permit an Inspector to inspect
and verify any such weight, measure, instrument,
document on rmrd ; or
(c) obstructs the entry of an 'Inspector under
section 17 ; or
(d) otherwise obstructs or hinden an ~~s~ectbr,
in the performance of his duties under this Act,
shall be punishable with fmc which may extend to
five hundred rupees.
37. If an Inspector knowingly stamps a weight Pcnaltyfor
brwch of or rneasure or weighing or measuring instrument in duty
contravention of the provisions of this Act or of the IOSPGC~O~.
rules made thereunder, he shall be punishable with
imprisonment for a period which may extend to three
months, or with fine which may .e~tend to seven
hundred. and Ety rupees or with both.
CHAPTER V
3. .No suit, prosecution or other legal proceeding Aattcti on
shall lie against '[any officer] or any other person ~:~",';n
appointed under tbis Act in respect of anything, wbich good f~a.
is in good faith done or intended to be done in pursu-
ance of this Act or rules made thereunder.
I. ubstiruted y the Orissa Wtkbtn an ~r&s ( enro~cmYai
(&,"w+nt ) AH, Pi9 (Or. Act 7of 1969). a. i
40 THE Om WEIGHTS AND MMURES [ Or. Act
( Secs. 39-41 )
-ce 39. (I) NO court shall take cognizance of an
d*mceg* offence punishable under. this Act except upon a&.
complaint in writing made-by the Controller or any
oficer authorised in this behalf by the Controller by
general or special order.
(2) No court inferior to that of a Magistrate of
~irst Class shall try any offense punishable under
this Act.
st-pcd 40. A weight or measure or weighing or measur-
re~ts, etc. ing ir~strument duly stamped under the provisions
%,:r of this Act and the rules made thereunder shall be
POW*. presumed to be correct urrtiI its inaccuracy is proved,
on its being produced in any court by any Inspector
having charge thereof or by any person acting under
the general or special authority of the Controller.
Q~EZ~CU by 41. (1) If the person committing an offence under
compsnies, . this ,Act is a company, every person who at
the time the offence was committed, was incharge of,
and was responsible to, the company for the conduct
of the business of the company as well as the com-
pany, shal1 be deemed to be guilty of the offence
and shall be liable to be proceeded against ahd
punished accordingIy :
Provided that xlothjng contained in this sub-
section shall render any such person liable to
punishment if he proves that the offence was commit-
ted without his knowledge or that he exercised all
due diligence to prevent the commission of such
offence. , ,
(2) Notwithstanding anything contained in sub-
section (11, where an offence under tbis Act has been
committed by a company and it is proved that the
offence has been committed with tbe consent or
connivance of, or is attributable to any neglect on
the part of any director, manager, secretary or other
officer, such oficer shall also be deemed to be guilty
of that offence arid shall be liable to be proceeded
against and punished accordingly,
Explnnarion--For the purposes of this section-
(a) "wmpauy" means any body corporate
and inclodes a firm or other association of individuals ;
and
(b) "director" in relation to a firm, means
a partner in the h.
42, The State Government may, by no-cation Delegation
in the -Gazette, direct that any power exercisable by POWcMm
them under this Act or mIes 'made thereunder shalI,
in relation to such matters and subject to such condi-
tions, as may be specified in the direction be exer-
cisable also by such officer .or authority subordi-
nate to the State Government as may be spmified
in the notification.
-43. Subject to any rules that may be mademM
under the Standards of Weights and Measures Act, ;;;;;ibin
89 of-1956 1956, in this behalf, the State Government play,i*& and
prescribe the limits of error which may be tolerated-
(a) in secondary standards referred to in
section 4 ;
(b) in working standards referred to in section
3;
(c) in ~ommercial weights and measures'or in
A
selling articles by weight or measure generally or as
regards any trade or class of trades ; and. . '
(d) weighing and measuring instruments.
44. (1) The State Government may, by notifica- Power to
tion in the official Gazette, make rules* to carry out makeru*es -
the prupose of this Act.
(2) lu particular, and without prejudice to the
generality of the foregoing power, such rules may
provide for all or any of the following matters,
name1 y :-
(a) the materia! of which and the designs and
specifications accordidg to which workiqg standards
may be 'made, the agency by which such standards
may be prepared, the person by whomor the author-
ity by which and the manner in which such stand-
_ ards may be stamped and authenticated; I he places .
at which and the custody and manner in which such
standards may be kept ;
jb) the procedure for the varification or re-
verification and marking or working standards. the
persons by whom, the places at which and the inter-
vals at which'they may be marked ;
*Car rules 3rd Noti6caljon No. 27484-M-11-R-1160-D.. Tas23ih
July 1%0, published in Orrssa Goz~ftee, etraordmnry, dated tho lsth
Septtmbti, 1960 (NO. 637 1.
THE ORTSSA WEIGHTS AND MEASURES 1 Or. Act
(Sec. 44)
(c) the material-of which and the designs and
specificat ions according to which secondary stand-
ards may be made, the places at which and the
ci~stociy and manner in which such standards may be
kept ;
(4 the procedure fox the verification or re'
. verification and marking of secondary standards and
the manner in which they may be marked ;
(e) the number of weighing and measuring
instruments to bc kept, the manner in which they may be verified and stamped and necessary parti-
culars regarding the same ;
(f) the rnanncr in whicll commercial weights
and measures may be marked by manufacturers ;
(g) the form and manner in- which and the
conditions subject to which licences may be granted
to persons for manufacture, repair.or sale of commer-
cia1 weights and measures and weighing and measuring
illstrurnents ;
(h) the qualification, functions and duties gene-
rally of Laspectors under this Act ;
(i) verification and stamping of weights and
.measures and weighing and measuring instruments
and the peiiod within which they are to be reveri-
fied ;
(j7 inspection of weights and measures and
we&hiag and measuring instruments used. in tran sap
tions for trade or commerce ;
(k) the sehre, detention and destmctioa of
weights and measures which are not authorired by
this Act ;
(2) the books, accounts and records relating
to weigbts and measures and weighing and measwing
iastruments to be maintained and the manner in
which they may be maintained or produmd ;.
(rp) the limits of error which may be tolerated
in secondary or wqrking standards ;
(Sec. 45)
(n) the limits of error which may be tolerated
in weights and measures and weighing and measuring
instruments used or intended to be used in transaction
for trade or commerce;
(0) the limits of error which may be tolerated
in selling articles by weights and measures generally
or as regards any trade or class of trades;
@) the form and m-er in which appeals may
be preferred against decisions of Inspectors and the
procedure for hearing appeals;
(q) the fees which may be charged for the grant
of licences under section 13 and for verification,.
reverification, adjustment and- stamping- of weights-
and measures and weighing and measuring instruments
and the collection and le,vy of the same ;
(r) any other matter which- ~ai to b,~ .>. or . itlay
be, prescribed. A , -, -
(3) In making any rule uuder'this section th&
State Government may provide that a breach therefor
- shall be punishable with fine which may extend to
one hundred rupees.
(4) The power to make rules under this section
shall be subject to the condition of previous publica-
tion in the Gazette.
(5) All ruies made under this section shall, as
soon as may be: after they are made, be laid before
the State Legislature.
44
THE ORBA WEIGHTS AND MEASURES [Or. Act 20
(ENFORCEMENT) ACT, 1958 of SS81
(3%. 45)
R *I. 45. ' [(l)] On the coming into force of this Act
by a notification under sub-section (3) of section 1 the
enactments mentioned in the Schedule shall stand - repealed to the extent specified in the. fourth column
thereof.
Year Number .Enactments repealed Extent of repeal
(11 (2) (3) (4)
1943 7 The Orissa Weights The whole and Measures Act.
1950 22 The Orissa Local Sub-clause (c) of clause Government Act. (11) of section 292.
23 1950 The Orissa Munici- Clause (20) of' section
pal Act. 388.
, 1920 14 The Madras Local Sub-clause (d) of clause
Boards Act. (10) of section 202,
2[(2) On the coming into force of the Orissa
Weights and measures (Enforcement) Amendment Act, ~c~l~*
1976, the Central Provinces-Weights and Measures of 2 of 1%~.
Capgcit Act, 1928 shall, in its application of the
fY State o Qrissa, stand repealed.]
1. Renumbered by the Oriw Weights and Measurer (Enforcemot)
Amendment Act. 1976 (Or. Act 6 qf 1976), s. 2.
2. Inserted by ibid.