The Telangana Weights and Measures (Enforcement) Act, 1958.

THE TELANGANA WEIGHTS AND MEASURES (ENFORCEMENT) 
ACT, 1958. 
(ACT NO. I OF 1959.) 
ARRANGEMENT OF SECTIONS 
Sections 
 CHAPTER - I 
PRELIMINARY 
1. Short title, extent and commencement. 
2. Definitions. 
 CHAPTER-II 
STANDARD WEIGHTS AND MEASURES 
3. Working standards. 
4. Secondary standards. 
5. Reference standards. 
6. Standard weighing and measuring instruments. 
7. Prohibition of use of weights and measures other 
than standard weights and measures. 
8. Power to prescribe the use of weights only, or 
measures only in certain cases. 
 CHAPTER III. 
VERIFICATION AND STAMPING OF WEIGHTS 
AND MEASURES. 
9. Stamping of denomination on commercial weights 
and measures. 
10. Prohibition of sale of unstamped commercial 
weights and measures. 
11. Prohibition of use of unstamped commercial 
weights or measures. 
12. Power of Government to exempt. 
2  [Act No. I of 1959] 
13. Prohibition of manufacture etc., weights and 
measures without licence. 
14. Stamping of weights or measures on sealed 
containers. 
15. Appointment of Controller, Assistant Controller and 
Inspectors. 
16. ... 
17. ... 
18. Power of Inspector to adjust weights or measures. 
19. Manufacturers, etc., to maintain records and 
documents. 
20. Appeals. 
21. Levy and collection of fees. 
22. Validity of weights and measures duly stamped. 
 CHAPTER - IV 
PENALTIES. 
23. Penalty for sale or delivery by weight and measure 
other than standard weight or measure. 
24. Penalty for sale of unstamped commercial weights 
and measures. 
25. Penalty for use of unstamped commercial weights 
and measures. 
26. Penalty for use of weight or measure in 
contravention of section 8. 
27. Penalty for manufacture of weight, etc., without 
licence. 
28. Penalty for failure to stamp weight or measure on 
sealed containers. 
29. Penalty for fraudulent use of weights, measures, 
etc. 
[Act No. I of 1959]  3 
30. Penalty for being in possession of false weight, 
measure etc. 
31. Penalty for making or selling false weight or 
measure etc. 
32. Penalty for forging, etc., of stamps, weights, 
measures, etc. 
33. Penalty for giving short weight or measure. 
34. Penalty for neglect or refusal to produce weight or 
measure, etc., for inspection. 
35. Penalty for breach of duty by Inspector. 
36. Power to compound offences. 
 CHAPTER - V. 
MISCELLANEOUS. 
37. Protection of action taken in good faith. 
38. Controller etc, appointed under the Act to be public 
servants. 
39. Cognizance of offences, etc. 
40. Stamped weights etc., to be presumed to be 
correct. 
41. Offences by Companies. 
42. Delegation of powers. 
43. Limits of error to be tolerated in weights and 
measures. 
44. Repeal. 
45. Power to make rules. 
46. Power to remove difficulties. 
47. Repeal of Andhra Pradesh Ordinance No. I of 1958. 
 
THE TELANGANA WEIGHTS AND MEASURES 
(ENFORCEMENT) ACT, 1958.1 
 
ACT No. I OF 1959. 
 
CHAPTER - I 
PRELIMINARY 
 
1. (1) This Act may be called the 2Telangana Weights and 
Measures (Enforcement) Act, 1958. 
 
 (2) It extends to the whole of the 2State of Telangana. 
 
 (3) It shall come into force on such date 3 as the State 
Government may, by notification in the Telangana 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, by 
notifications issued from time to time. 
 
2. In this Act, unless the context requires,- 
 
 (a) ‘commercial weight or measure ’ means a weight or 
measure purporting to be a standard weight or measure 
used in any transaction for trade or commerce; 
 
 (b) ‘Controller’ means the Controller of Weights and 
Measures appointed under section 15; 
 
 (c) ‘Government’ means the State Government; 
                                                           
1. The Andhra Pradesh Weights and Measures (Enforcement) Act, 195 8 
(Act No.1 of 1959), in force in the combined State, as on 02.06.2014, 
has been adapted to the state of the Telangana, under section 101 of 
the Andhra Pradesh Reorganisation Act, 2014 (Central Act 6 of 20 14) 
vide. the Telangana  Adaptation of Laws Order, 2016, issued in 
G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
2. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
3. Deemed to have come into force on 1st October, 1958. 
Short title, extent 
and 
commencement. 
Definitions. 
2  [Act No. I of 1959] 
 (d) ‘Inspector’ means an Inspector of Weights and 
Measures appointed under section 15; 
 
 (e) ‘measuring instrument’ means any measuring 
instrument other than a weighing instrument and includes 
any instrum ent for measuring length, area, volume or 
capacity; 
 
 (f) ‘Mint’ means the mint of the Central Government 
either in Bombay or in Calcutta; 
 
 (g) ‘prescribed’ means prescribed by rules made under 
this Act; 
 
 (h) ‘reference standards ’ means the sets of standard 
weights and measures supplied to the Government by the 
Central Government in pursuance of sub -section (2) of 
section 15 of the Standa rds of Weights and Measures Act,  
1956 (Central Act 89 of 1956); 
 
 (i) ‘stamping’ means marking in such manner as to be, 
so far as practicable, indelible and includes casting , 
engraving, etching and branding; 
 
 (j) ‘standard weight or measure ’ means any unit of 
mass or measure referred to in sub -section (1) of section 13 
of the Standards of Weights and Measures Act, 1956 
(Central Act 89 of 1956) and includes any other weight or 
measure permitted to be used by the Central Government in 
pursuance of sub-section (1) of section 14 of that Act; 
 
 (k) ‘verification’ with its grammatical variations and 
cognate expressions used with reference to a weight or 
measure or weighing or measuring instrument, includes the 
process of comparing, checking or testi ng such weight or 
measure or weighing or measuring instru ment and also 
includes re-verification; 
[Act No. I of 1959]  3 
 (l) ‘weighing instrument ’ means any instrument for 
weighing and includes scales with the weights belonging 
thereto, scale-beams, balances,  spring balances, steel 
yards and other weighing machines. 
 
CHAPTER II. 
STANDARD WEIGHTS AND MEASURES. 
 
3. (1) For the purpose of verifying the correctness of 
commerical weights and measures and weighing and 
measuring instruments used  in transactions for trade or 
commerce, the Government may cause to be prepared as 
many sets 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 precious stones may also be prepared. 
 
 (2) The working standards shall be made of such 
material and according to such designs and specifications 
and shall be prepared by such agency and shall be 
stamped and authenticated by such person or auth ority and 
in such manner as may be prescribed. 
 
 (3) The working standards shaIl be kept at such places, 
in such custody and in such manner as may be prescribed. 
 
 (4) A working st andard s hall be verified with th e 
secondary standard and stamped by such persons at such 
places, at such intervals and in su ch manner as may be 
prescribed: 
 
 Provided that a special working standard in relation to 
bullion and precious stones shall be verified with the 
reference standard. 
 
Working 
standards. 
4  [Act No. I of 1959] 
 (5) A working standard which is not so  verified and 
stamped 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 defective 
shall not be deemed legal or be used for the purposes of 
this Act, until it has been v erified and stamped in the 
prescribed manner. 
 
4. (1) For the purpose o f verifying the correctness of the 
working standards, the 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 
called the secondary standards. 
 
 (2) The secondary standards shall be made of such 
material and according to such design and specifications as 
may be prescribed and shall be stamped and authenticated 
by such person or authority as the 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 verified with the 
reference standard at least once in every five years and shall 
be stamped with the date of verification in the prescribed 
manner by such person or authority as the Government may 
direct. 
 
 (5) A secondary standard which is not verified and 
stamped as aforesaid shall not be deemed legal and shal l 
not be used for the purposes of this Act. 
 
5. The reference standards shall be kept at such places, 
in such custody and in such manner as the Government 
may direct. 
Secondary 
standards. 
Reference 
standards. 
[Act No. I of 1959]  5 
6. (1) For the purpose of verifying the correctness of 
commercial weights and measures and of weighing and 
measuring instruments used in transactions for trade  or 
commerce, the Government may  cause to be prepared as 
many sets of weighing and measuring instrument s as they 
may deem necessary. 
 
 (2) Such instruments shall be of such kind, kept in 
such manner and shall be verified and stamped in such 
manner as may be prescribed. 
 
 (3) Such instruments shall be kept at all places where 
secondary standards or working standards are kept. 
 
7. (1) Notwithstanding anything contained in any other 
law or any custom, usage or practice, no unit of mass or 
measure, other than the standard weights or measures shall 
be used in any transaction for trade or commerce or any 
dealing or contract or for any work to be done or goods to 
be sold or delivered in any area or class of goods or 
undertakings in respect of which this Act applies. 
 
 (2) Any custom, usage, practice or method of whatever 
nature which permits in any trade, a trader, seller or buyer to 
demand, 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, dealing or contract made or had 
after the expiry of three months from the commencement of 
this Act shall, in so far as it contrav enes the provisions of 
sub-section (1) be void. 
 
 
Standard 
weighing and 
measuring 
instruments. 
Prohibition of use 
of weights and 
measures other 
than standard 
weights and 
measures. 
6  [Act No. I of 1959] 
8. (1) Notwithstanding anything contained in this Act, the 
Government may, by notification in the 4Telangana Gazette, 
direct that in any specified trade or class of trades no 
transaction, dealing or contract shall be made 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 may be specified therein. 
 
CHAPTER III. 
VERIFICATION AND STAMPING OF WEIGHTS AND 
MEASURES. 
 
9. Every weight or measure manufactured for use as a 
commercial weight or measure shall bear the description of 
the weight or measure which it purports to be stamped 
legibly on it in such manner as may be prescribed. 
 
10. No commercial weight or measure or weighing or 
measuring instrument shall be sold or delivered unless it 
has been verified or re -verified and stamped in the 
prescribed manner. 
 
11. No weight or measure o r weigh ing or measuring 
instrument sha ll be used in transactions in trade or 
commerce unless it has been verified or re -verified and 
stamped in the prescribed manner. 
 
12. Where the size of commercial weight or measure 
renders it impracticable to have any denomination stamped 
on it under the provisions of section 9, section 10, or section 
11, the Government may , by notification in the 4Telangana 
Gazette, exempt such weight or measure from being so 
stamped. 
                                                           
4. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Power to 
prescribe the use 
of weights only, or 
measures only in 
certain cases. 
Stamping of 
denomination on 
commercial 
weights and 
measures. 
Prohibition of sale 
of unstamped 
commercial 
weights and 
measures. 
Prohibition of use 
of unstamped 
commercial 
weights or 
measures. 
Power of 
Government to 
exempt. 
[Act No. I of 1959]  7 
13. No person shall, in course of trade, manufacture, repair 
or sell any commercial weight or measure or any weighing 
or measuring instrument, unless he has obtained in the 
prescribed manner a lic ence in this behalf from the 
Government or any officer, authorised by them. 
 
14. No person shall sell, offer for sale, expose for sale, or 
have in his possession for sale, any article contalned in a 
sealed package or container unless such package or 
container bears thereon, or on a label securely attached 
thereto, a description of the net weight or measure of the 
article contained therein: 
 
 Provided that the provisions of this section shall not 
apply to an article sold, offered for sale, exposed for sale or 
in possession for sale which is not ordinarily sold in 
transactions for trade or commerce by weight or measure. 
 
15. (1) The Government may appoint a Controller of 
Weights and Measures for the State and as many Assistant 
Controllers and Inspectors of Weights and Measures as may 
be necessary for exercising the powers and discharging the 
duties conferred or imposed on them by or under this Act. 
 
 (2) The Government may, by general or special order, 
define the local limits within which each Inspector shall 
exercise the powers and discharge the duties conferred or 
imposed on Inspectors by or under this Act. 
 
 (3) Subject to the provi sions of this Act all Assistant 
Controllers of Weights and Measures and Inspectors shall 
perform their functions under the general superintendence 
and control of the Controller; and the Controller and the 
Assistant Controllers of Weights and Measures may, in 
addition to the powers and duties conferred or imposed on 
them by or under this Act, exercise any power, or discharge 
any duty so conferred or imposed on Inspectors. 
Prohibition of 
manufacture etc., 
weights and 
measures without 
licence. 
Stamping of 
weights or 
measures on 
sealed containers. 
Appointment of 
Controller, 
Assistant 
Controller and 
Inspectors. 
8  [Act No. I of 1959] 
 (4) The Government may also take from each Inspector 
such security and in such form as may be prescribed for the 
due discharge of his functions and duties under this Act. 
 
16. (1) Every Inspector shall, for the purpose of verification 
of weights and measures and weighing and measuring 
instruments, attend at such place and 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 finds such weight or 
measure or wei ghing or measuring instrument correct and 
in conformity with the Standards of Weights and Measure s 
Act, 1956 (Central Act 89 of 1956), and the rules made 
thereunder, he shall stamp the same in the prescribed 
manner. 
 
17. (1) An Inspector may, within the ar ea under  his 
jurisdiction, inspect and search 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 measuring instrument with a 
working standard or weighing or measuring instrument 
prescribed for the purpose. 
 
 (2) (a) Where a premises used for trade is partly used 
by the trader for trade and  partly for dwelling purposes, the 
whole of such premises shall, for the purposes of this Act, 
be deemed to be premises used for trade. 
 
  (b) Where a premises used for trade is used by a 
trader partly for trade and partly for storing articles for trade, 
or where any other premises is used for storing of articles 
[Act No. I of 1959]  9 
for trade, the premises in either case, shall for the purposes 
of this Act, be deemed to be the premises used for trade. 
 
 (3) 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. 
 
 (4) An Inspector ma y, at all reasonable times, require 
any trader or any employee or agent of a trader 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 documents and records relating thereto, and such 
trader, employee or agent shall comply with such 
requirements. 
 
 (5) An Inspector may seize and detain any weight or 
measure or weighing or measuring instrument regarding 
which an offence under this Act appears to have been 
committed or which appears to have been, or might  be, 
used in the commission of such an offence, and may also 
seize and detain any article 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 
document or record relating thereto. 
 
 (6) Where an Inspector has reason 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 shall re -seal the package or 
container where it is possible so to do without injury to the 
contents thereof and attach a certi ficate thereto stating the 
correct weight or measure of the artic le, but if, on the other 
10  [Act No. I of 1959] 
hand, the net weight or measure of the article is found to be 
incorrect, the Inspector may seize and detain the package 
or container and the article contained therein. 
 
 (7) For the purpose of such inspection, an Inspector 
may, at all reasonable times, enter into any place where 
weights, measures or weighing or measuring instruments 
are used or kept for use in transactions for trade or 
commerce and inspect such weights  and measures and 
weighing and measuring instruments. 
 
18. Where it appears to the Government desirable that an 
Inspector shou ld be allowed in any area to adj ust the 
weights or measures or weighing or measuring instruments, 
they may, if they think fit, authorise such Inspector to adjust 
and repair the weights and measures or such instruments 
accordingly. 
 
19. (1) Every manufacturer, repairer or dealer in weights 
and measures or weighing or measuring instruments, and 
every person using them in transactions for trade or 
commerce shall maintain such records and accounts as 
may be prescribed and if required so to do by an Inspector, 
shall produce such records and accounts before him. 
 
 (2) Notwithstanding, anything c ontained in sub-section 
(1), if the Government are of opinion that having regard to 
the nature of business carried on by any such manufacturer, 
repairer or dealer,  or any person or class of persons using 
them, it is necessary so to do, they may by order, exempt 
such person or class of persons from the operation of that 
sub-section. 
 
20. (1) Subject to the  provisions of sub -section (2), an 
appeal shall lie-  
 
Power of 
Inspector to 
adjust weights or 
measures. 
Manufacturers, 
etc., to maintain 
records and 
documents. 
Appeals. 
[Act No. I of 1959]  11 
  (a) from every decision of an Inspector under this Act, 
to the Controller; and 
 
  (b) from every decision of the Controller under this 
Act; not being a decision made in appeal under clause (a), 
to the Government or any officer specially authorised in this 
behalf by the Government. 
 
 (2) Every such appeal shall be preferred within sixty 
days from the date of the decision. 
 
 (3) On receipt of any such appeal, the appellate 
authority shall, after giving the appellant a reasonable 
opportunity of being heard and after making such enquiry 
as it deems proper, decide the appeal and the decision of 
the appellate authority shall be final. 
 
21. (1) The Government may charge such fe es as may be 
prescribed- 
 
  (a) for the grant of a licence under section 13, for 
manufacture, repair or sale of commercial weights and 
measures or weighing and measuring instruments, and 
 
  (b) for the verification, stamping and adjustment of 
commercial we ights and measures or weighing and 
measuring instruments. 
 
 (2) All amounts payable to Government under this Act 
or the rules made thereunder shall be recoverable as arrears 
of land revenue. 
 
22. A weight or measure or weighing or measuring 
instrument, duly stamped by an Inspector under this Act, 
shall be a legal weight or measure or weighing or measuring 
instrument in all places to which this Act applies unless it is 
found to be false or defective a nd shall not be liable to be 
Levy and 
collection of fees. 
Validity of weights 
and measures 
duly stamped. 
12  [Act No. I of 1959] 
restamped by reason merely of the fact that it is used in any 
place other than that in which it was originally stamped. 
 
CHAPTER - IV 
PENALTIES. 
 
23. Whoever, after the expiry of three months from the 
commencement of this section sells or causes to be sold or 
delivers or causes to be delivered in the course of any 
transaction for trade or commerce any article by any 
denomination of weight or measure other  than one of the 
standard weights or measures shall be punishable for a first 
offence, with fine which may extend to two thousand rupees, 
and for a second or subsequent offence, with imprisonment 
for a term which may extend to three months, or with fine, or 
with both. 
 
24. Whoever sells or delivers any commercial weight or 
measure or any weighing or measuring instrument which 
has not been verified or reverified and stamped in 
accordance with the provisions of this Act and the rules 
made thereunder shall be punishable with fine which may 
extend to two thousand rupees. 
 
25. Whoever uses in any transaction  for trade or 
commerce, or has in his possession for such use, any 
commercial weight or measure or any weighing or 
measuring instrument which has not been verified or 
reverified and stamped in accordance with the provisions of 
this Act and the rules made t hereunder shall be punishable 
for a first offence, with fine which may extend to two 
thousand rupees, and for a second or subsequent offence, 
with imprisonment for a term which may extend to three 
months, or with fine, or with both. 
 
 Explanation I - When any such weight or measure or 
weighing or measuring instrument is found in the 
Penalty for sale or 
delivery by weight 
and measure 
other than 
standard weight 
or measure. 
Penalty for sale of 
unstamped 
commercial 
weights and 
measures. 
Penalty for use of 
unstamped 
commercial 
weights and 
measures. 
[Act No. I of 1959]  13 
possession of any trader or any employee or agent of such 
trader, or any person on behalf of such trader, such trader, 
employee or agent shall be presumed, until the contr ary is 
proved, to have had it in his possession for use in 
transactions for trade or commerce. 
 
 Explanation II  - Where any weight or measure or 
weighing or measuring instrument is used or possessed in 
contravention of this section by any employee or agent  of a 
trader or any person on behalf of such trader, such trader 
shall, unless he proves that the offence under this section 
was committed by such employee, agent or person without 
his knowledge or consent be also deemed to be guilty of 
the offence. 
 
26. Whoever contravenes any of the provisions of a 
notification issued under section 8 shall be punishable with 
fine which may extend to two thousand rupees. 
 
 
27. Whoever manufactures,  repairs, or sells any 
commercial weight or measure or weighing or measuring 
instrument, without obtaining a licence as required by 
section 13, shall be punishable with imprisonment for a term 
which may extend to three months, or with fine, or with both. 
 
28. Whoever contravenes the provisions of section 14 shall 
be punishable with fine which may extend to two thousand 
rupees. 
 
29. Whoever fraudulently uses any standard weight or 
measure or weighing or measuring instrument which he 
knows to be false shall be punishable with imprisonment for 
a term which may extend to one year, or with fine or with 
both. 
 
Penalty for use of 
weight or 
measure in 
contravention of 
section 8. 
Penalty for 
manufacture of 
weight, etc., 
without licence. 
Penalty for failure 
to stamp weight 
or measure on 
sealed containers. 
Penalty for 
fraudulent use of 
weights, 
measures, etc. 
14  [Act No. I of 1959] 
30. Whoever is in possession of any commercial weight or 
measure or weighing or measuring instrument which he 
knows to be false intending that the same may be 
fraudulently used shall be punishable with imprisonment for 
a term which may extend to one year, or with fine, or with 
both. 
 
31. Whoever makes, sells or disposes of or causes to be 
made, sold or disposed of any standard weight or measure 
or weighing or measuring instrument which he knows to be 
false, in order that the s ame may be used as true, or  
knowing that the same is likely to be used as true, shall be 
punishable with imprisonment for a term which may extend 
to one year, or with fine, or with both. 
 
32. (1) Whoever forges or counterfeits any stamp used 
under this Act, for the stamping of any standard weigh t or 
measure or weighing or measuring instrument or possesses 
any such co unterfeit stamp, or removes a stamp from any 
standard weight or measure or weighing or measuring 
instrument and inserts the same into another weight or 
measure or weighing or measuring instrument  or wilfully 
increases or diminishes a weight or measure so stamped, 
shall be punishable with imprisonment for a term which may 
extend to one year, or with fine, or with both. 
 
 (2) Whoever knowingly uses, sells, disposes of or 
exposes for sale any weight or measure or weighing or 
measuring instrument with such forged or counterfeit stamp 
thereon, or a weight or a measure so increased or 
diminished shall be punishable with imprisonment for a term 
which may extend to six months or with fine, or with both. 
 
33. Whoever in selling any article by weight or measure, 
delivers or causes to be delivered to the purchaser less than 
what is purported to be sold shall, if the deficiency exceeds 
Penalty for being 
in possession of 
false weight, 
measure etc. 
Penalty for 
forging, etc., of 
stamps, weights, 
measures, etc. 
Penalty for giving 
short weight or 
measure. 
Penalty for 
making or selling 
false weight or 
measure etc. 
[Act No. I of 1959]  15 
the prescribed limit of error, be punishable with fine which 
may extend to three hundred rupees. 
 
34. Whoever- 
 
 (a) refuses or neglects to produce for inspection under 
section 17 any weight, or measure or weighing or 
measuring instrument or any doc ument or record relating 
thereto in his possession or on his premises, or 
 
 (b) refuses to permit an Inspector to inspect, search 
and verify any such weight, measure, instrument, document 
or record; or 
 
 (c) obstructs the entry of an Inspector under section 
17; or 
 
 (d) otherwise obstructs or hinders a n Inspector in the 
performance of his duties under this Act; 
 
shall be punishable with fine which may extend to five 
hundred rupees. 
 
35. If an Inspector knowingly stamps a weight or measure 
or weighing or measuring instrument in contravention of the 
provisions of this Act or of the rules made thereunder, he 
shall be punishable with imprisonment for a term which may 
extend to one year, or with fine, or with both. 
 
36. The Government may authorise any officer to accept 
from any person who is reasonably believed to have 
committed an offence under this Act or the rules made 
threunder, a reasonable sum of money not exceeding 
rupees two hundred in each case by way of composition  for 
such offence. Any proceedings taken against such person 
in respect of such offence shall, on payment of such money 
Penalty for 
neglect or refusal 
to produce weight 
or measure, etc., 
for inspection. 
Penalty for breach 
of duty by 
Inspector. 
Power to 
compound 
offences. 
16  [Act No. I of 1959] 
be withdrawn and no further proceedings shall be taken in 
respect of such offence. 
 
CHAPTER - V. 
MISCELLANEOUS. 
 
37. No suit, prosecution or other legal proceeding shall lie 
against the Controller, or any Assistant Controller of Weights 
and Measures or any Inspector or any other person 
appointed under this Act in respect of anything which is in 
good faith done or intended to be done in pursuance of this 
Act or the rules made thereunder. 
 
38. The Controller, every Assistant Controller and Inspector 
appointed under this Act shall be deemed to be a public 
servant within the meaning of section 21 of the Indian Penal 
Code. 
 
39. (1) No court shall take cognizance of an offence 
punishable under this Act except upon complaint in writing 
made by the Controller or any officer authorised in this 
behalf by the Controller by general or special order. 
 
 (2) No court inferior to that of a magistrate of first class 
shall try any offence punishable under this Act. 
 
40. A weight or measure or weighing or measuring 
instrument duly stamped under the provisions of this Act 
and the rules made thereunder shall if it is produced in any 
court by any Inspector having  charge thereof or by any 
person acting under the general or special authority of the 
Controller, be presumed to be correct until its inaccuracy is 
proved. 
 
41. (1) If the person committing an offence under this Act is 
a company, every person who, at the time the offence was 
committed, was incharge of, and was responsible to, the 
Protection of 
action taken in 
good faith. 
Controller etc, 
appointed under 
the Act to be 
public servants. 
Cognizance of 
offences, etc. 
Stamped weights 
etc., to be 
presumed to be 
correct. 
Offences by 
Companies. 
[Act No. I of 1959]  17 
company for the conduct of the business of the company, 
as well as the company, shall be deemed to be guilty of the 
offence and shall be liable to be pro ceeded against and 
punished accordingly: 
 
 Provided that nothing contained in this sub -section 
shall render any such person liable to punishment if he 
proves that the offence was committed without his 
knowledge or that he exercised all due diligence to pre vent 
the commission of such offence. 
 
 (2) Notwithstanding anything contained in sub -section 
(1) where an offence under this Act has been committed by 
a company and it is proved that the offence has been 
committed with the c onsent or connivance of, or is 
attributable to any neglect on the part of, any director, 
manager, secretary or other officer, suc h director, manager, 
secretary or other officer shall also be deemed to be guilty 
of that offence and shall be liable to be proceeded against 
and punished accordingly. 
 
 Explanation.—For the purposes of this section :- 
 
  (a) ‘company’ means any body corporate and 
includes a firm or other association of individuals; and 
 
  (b) ‘director’ in relation to a firm, means a partner in 
the firm. 
 
42. The Government may, by notification in the 5Telangana 
Gazette direct that any power exercisable by them under 
this Act or rules made thereunder shall, in relation to such 
matters and subject to such conditions, as may be specified 
in the direc tion be exercisable also by such officer or 
authority subordinate to them as may be specified in the 
notification. 
                                                           
5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Delegation of 
powers. 
18  [Act No. I of 1959] 
43. Subject to any rules that may be made under the 
Standards of Weights and Measures Act, 1956 (Central 
weights and Act 89 of 1956) in this behalf, the Government 
may prescribe the limits of error which may be tolerated:- 
 
 (a) in working standards referred to in section 3; 
 
 (b) in secondary standards referred to in section 4; 
 
 (c) in commercial weights and measures or in selling 
articles by weight or measure generally or as regards any 
trade or class of trades; and 
 
 (d) weighing and measuring instruments. 
 
44. The following Acts are hereby repealed:- 
 
 (1) The Hyderabad Weights and Measures Act, 1356 F. 
(Hyderabad Act XIV of 1356 F.) 
 
 (2) The Madras Weights and Measures Act,  1948 
(Madars Act XXII of 1948). 
 
45. (1) The Government may, by notification in the 
6Telangana Gazette make rules to carry out the purposes of 
this Act. 
 
 (2) In particular, and without prejudice to the generality 
of foregoing power such rules may provide for all or any of 
the following matters, namely:- 
 
  (a) the material of which and the designs and 
specifications according to which working standards may 
be made, the agency by which such standards may be 
prepared, the person by whom or the authority by which 
and the manner in which such standards may be st amped 
                                                           
6. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016. 
Limits of error to 
be tolerated in 
weights and 
measures. 
Repeal. 
Power to make 
rules. 
[Act No. I of 1959]  19 
and authenticated; the places at which and the custody and 
manner in which such standards may be kept; 
 
  (b) the procedure for the verification or reverification 
and stamping of working standards, the persons by whom, 
the places at which, and the in tervals at which, they may be 
stamped; 
 
  (c) the material of which and the designs and 
specifications according to which secondary standards may 
be made, the places at which and the custody and manner 
in which such standards may be kept; 
 
  (d) the proced ure for verification or reverification and 
stamping of secondary standards and the manner in which 
they may be stamped; 
 
  (e) the number of weighing and measuring 
instruments to be kept; the manner in which they may be 
verified and stamped and necessary p articulars regarding 
the same; 
 
  (f) the manner in which commercial weights and 
measures may be stamped by manufacturers; 
 
  (g) the form and manner in which, and the condtions 
subject to which licences may be granted to persons for 
manufacture, repair or  sale of commercial weights and 
measures and weighing and measuring instruments; 
 
  (h) the qualifications , functions and duties generally 
of Inspectors under this Act; 
 
  (i) the inspection, verification, reverification, adjust -
ment and stamping of weights and measures, and weighing 
and measuring instrument in use in any area including the 
prohibition of stamping in case where the nature, 
20  [Act No. I of 1959] 
denomination, material or mode of construction of the 
weight or measure or weighing or measu ring instrument 
appears likely to facilitate the commission of fraud and the 
period within which such weights and measures w eighing 
and measuring instruments shall be verified or reverified; 
 
  (j) the seizure, detention and disposal of weights and 
measures which are not authorised by this Act; 
 
  (k) the books, accounts and records relating to 
weights and measures and weighing and measuring 
instruments to be maintained and the manner in which they 
may be maintained or produced; 
 
  (l) the limits of error which may be tolerated in 
working or secondary standards; 
 
  (m) the limits of error which may be tolerated in 
weights and measures and weighing and measuring 
instruments used or intended to be used in transactions for 
trade or commerce; 
 
  (n) 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; 
 
  (o) the form and manner in which appeals may be 
preferred against decisions of Inspectors and the procedure 
for hearing appeals; 
 
  (p) the fees which may be charged for the grant of 
licences under section 21 and for verification, reverification, 
stamping, adjustment and repairing of weights and 
measures and weighing and measuring instruments and  the 
collection and levy of the same; 
 
[Act No. I of 1959]  21 
  (q) the material, form and specification, and 
manufacture and sale of commercial weights and measures 
and weighing and measuring instruments; 
 
  (r) the circumstances and conditions under which 
and the manner in which stamp may be obliterated or 
defaced; 
 
  (s) any other matter which has to be, or may be 
prescribed. 
 
 (3) In making any rule under this section the 
Government may provide that a breach thereof shall be 
punishable with fine which may extend to five hundred 
rupees. 
 
 (4) All rules made  under this section shall, as soon as 
possible,after they are made, be laid for not less than 
fourteen days on the t able of the Legislature  and shall be 
subject to such modifications whether by way of repeal or 
amendment as that Legislature may make during  the 
session in which they are so laid. 
 
46. If any difficulty arises in giving effect to the provisions 
of this Act, the Government may as occasion may require, 
by order do anything  which appear  to them necessary for 
the purpose of removing the difficulty. 
 
47. (1)The Andhra Pradesh Weights, and Measures 
(Enforcement) Ordinance, 1958 (Andhra Pradesh Ordinance 
No. I of 1958), is hereby repealed. 
 
 (2) Notwithstanding such repeal, anything done or any 
action taken (including any rule notification or order issued) 
in the exercise of any power conferred by or under the said 
Ordinance shall be deemed to have been done or taken in 
the exercise of the powers conferred by or under this Act, as 
Power to remove 
difficulties. 
Repeal of Andhra 
Pradesh 
Ordinance No. I of 
1958. 
22  [Act No. I of 1959] 
if this Act were in force on the day on which such thing was 
done or action was taken. 
 
* * * 

‹ Prev All Telangana acts Next ›