The West Bengal Standards Of Weights And Measures ( Enforcement ) Act, 1958

West Bengal Act XXIII of 1958 
THE WEST BENGAL STANDARDS OF WEIGHTS AND 
MEASURES (ENFORCEMENT) ACT, 1958. 
[Passed by the West Bengal Legislature.] 
[Assent of the Governor was first published in the Calcutta Gazette, 
Extraordinary, of the 214 January, 1959.] 
[21st January, 1959.] 
An Act to provide for the enforcement in West Bengal of 
standards of weights and measures. 
WHEREAS it is expedient to provide for the enforcement 
in West Bengal of standards of weights and measures 
39 of 1966.  established under the Standards of Weights and Measures 
Act, 1956 and for matters connected therewith; 
It is hereby enacted in the Ninth Year of the Republic 
of India, by the Legislature of West Bengal, as follows:— 
CHAPTER I. 
Preliminary. 
1. (2) This Act may be called the West Bengal BhorCtitle. 
Standards of Weights and Measures (Enforcement) Act, " tent' 
1958. 	 COMMOLICee 
Orr, 
(2) It extends to the whole of West Bengal. 
	
	 reavipeal and sngs. 
(3) Subject to the provisions of sub-section (4), this sec-
tion shall come into force at once and the remaining pro-
visions of this Act shall come into force on such date or 
dates as the State Government may, by notification in the 
Official Gazette, appoint; and different dates may he 
appointed for different provisions of this Act or for different 
areas or for different classes of undertakings or for different 
classes of goods. 
West Ben. 	 (4) The West Bengal Standards of Weights and Measures 
°r(1. vn a (Enforcement) Ordinance, 1958 is hereby repealed: 1958. 
Provided that notwithstanding such repeal anything done 
or any action taken or any legal effect produced by or under 
any provision of the said Ordinance shall be deemed to have 
been done, taken or produced by or under the corresponding 
provision of this Act as if such corresponding provision were 
in force on the day on which such thing was done or such 
action was taken or such legal effect was produced. 
(5) If, immediately before the commencement of any 
provision of this Act in respect of any area or class of goods 
Or undertakings, there is in force in respect of that area or 
2 	 The West Bengal Standards of Weights and 
Measures (Enforcement) Act, 1938. 
[West Ben. Act 
(Chapter 1.—Ibrelin inary.--Section 2.) 
that class of goods or undertakings, any other law which 
corresponds to such provision, such other corresponding law, 
shall, on such commencement, stand repealed. 
Definitions, 	 2. In this Act unless the context otherwise requires,— 
(a) "Assistant Controller" or "Deputy Controller" 
means an Assistant Controller or Deputy 
!Controller of Weights and Measures appointed 
under section 13; 
(b) "Controller" means the Controller of Weights and 
Measures appointed under section 13; 
(c) "Inspector" means an Inspector of Weights and 
Measures appointed under section 13; 
(d) "measuring instrument" means any measuring 
instrument other than a weighing instrument and 
includes any instrument for measuring length, 
area, volume or capacity; 
(e) "mint" means a mint of the Central Government; 
(I) "prescribed" means prescribed by rules made under 
this Act ; 
(g) "standard weight" or "standard measure" means 
any unit of mass or measure referred to in sub- 
section (1) of section 13 of the Standards of 59 of 196( 
Weights and Measures Act, 1950, 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 the said Act; 
(h) "reference standards" means the sets of standards 
of mass and measure supplied to the State Govern-
ment by the Central Government in pursuance 
of sub-section (2) of section 15 of the Standards 
of Weights and Measures Act, 1956; 
(i) "stamping" means marking in such manner as to be, 
so far as practicable, indelible and includes 
casting, engraving, etching and branding; 
(j) "verification" with its grammatical variations used 
with reference to a weight or measure or weighing -
instrument or measuring instrument, includes the 
process of comparing, checking or testing such 
weight or measure or weighing instrument or 
measuring instrument; 
(k) "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 
appliances. 
The West Bengal Standairds of Weights and 	 3 
Measures (Enforcement) Act, 1958. 
XXIII of 1951.] 
Chapter II.—Standard Weights and Standard Measures. 
—Sections 3, 4.) 
CHAPTER IL 
Standard Weights and Standard Measures. 
3. (1) For the purpose of verifying the correctness of w orking  
weights and measures and weighing instruments and. measur- modas, 
rug instruments used in any transaction, the State Govern-
ment may cause to be prepared as many standard weights 
and standard measures to he called working models as it may 
deem necessary and special working models in relation to 
bullion and precious stones may also be prepared. 
(2) The working models shall be made of such material 
and according to such designs and specifications and shall 
be prepared by such agency and shall be verified and stamped 
by such person or authority and in such manner as may be 
prescribed. 
(3) The working models shall be kept at such places, in 
such custody and in such manner as may be prescribed. 
(4) A working model shall be verified with reference to 
He corresponding verification model referred to in sub-
section (1) of section 4: 
Provided that a special working model in relation to 
bullion and precious stones shall be verified with reference 
to the corresponding reference standard. 
(5) A working model which is not duly verified and 
stamped shall not be used for the purposes of this Act. 
(6) A working model which has become defective or worn 
out by use or which has not been re-verified and stamped in 
such manner and at such intervals as may be prescribed shall 
not be used for the purposes of this Act. 
4. (1) The State Government may, with the permission Verifies-
of the Central Government, cause to be prepared at a mint tion 
as many sets of standard weights and standard measures as models: 
it may deem necessary to be called the verification models. 
(2) The verification models shall be made of such 
material and according to such designs and specifications, 
and shall be stamped in such manner and by such person or 
authority, as may be prescribed. 
(3) The verification models shall be kept at such places, 
in such custody and in such manner as may be prescribed. 
(4) A verification model shall be verified and shall be 
re-verified at least once in every five years with reference 
io the corresponding reference standard and shall be stamped 
with the date of verification or re-verification, as the case 
may be, by such person or authority as may be prescribed. 
The West Bengal Standards of Weights and Measures 
(Enforcement) Act, 1958. 
Reference 
standards. 
[West Ben. Act 
(Chapter 17 .—Standard Weights and Standard Measures.— 
Sections 5-7. 	 Chapter In.—Verification and Stamping 
of Weights and Afeasures.—Sections 8, 9.) 
(5) A verification model which is not verified or re-
verified in accordance with the provisions of sub-section (4> 
shall. not be used for the purposes of this Act. 
0. The reference standards shall be kept at such places, 
in such custody and in such manner as the State Government 
may direct. 
Prohibition 	 6. Notwithstanding anything contained in any other law 
of use of 	 or any custom, usage or practice in any area or in respect of 
weights 	 any class of goods or undertakings where or in respect of and 	 which this. Act has come into force, no unit of mass or measures other than measure, other than the standard weights or standard 
standard measures, shall be used in any transaction or in any dealing 
weights 	 or contract for any work to be done or goods to be sold or and 	 delivered. measures. 
Power to 	 7. (1) Notwithstanding anything contained in this Act, 
thdr ejscult e  of  the State Government may, by notification in the Official- 
weights 	 Gazette, direct that in respect of any class of articles specified 
only, or 	 in the notification all transactions shall be by weight only measures or by measure only. only, in OBS. 
tern eases. 	 (2) A notification issued under this section shall take 
effect in such area, with affect from such date, and subject 
to such conditions, if any, as may be specified therein. 
CHAPTER III. 
Verification and Stamping of Weights and Measures. 
Marldng of 	 8. Every weight or measure manufactured for use in any 
drasolsona- transaction shall have the correct denomination thereof 
tine on marked legibly on it in such manner as may be prescribed. weights 
add  meaeuxea 
Prohibition 	 9. (I) Subject to the provisions of section 10, no weight 
of sale, 	 or measure shall be sold or delivered or used in any transac- 
delivers'' or  lion unless it has the denomination thereof marked' on it 1043 Of 1111. st pod 	 and unless it has been verified or re-verified in accordance 
weights 	 with the rules made under this Act and stamped with a stamp 
and 	 of verification in such rower as may be prescribed. measures or weighing 
instru-ments or measuring Matsu. 
mente. 
(2) No weighing instrument or measuring instrument 
shall be sold or delivered or used in any transaction unless 
it has been verified or re-verified in accordance with the 
rules made under this Act and stamped with a stamp of 
verification in such manner as may be prescribed. 
The West Bengal Standards -  of Weights and 	 5 
Measures (Enforcement) Act, 1958. 
XXIII of 1950. 
(Chapter 	 n an 111.—Verificatiod Stamping of Weights and 
Measnrz—Sections 10-13) 
10. Where the size of a weight or measure renders it ?7, of 
impracticable to have any denomination thereof marked on ' yr et 
it under the provisions of section 8 or to be stamped under the t o exempt. 
provisions of section 9, the State Government may, by 
notification in the Official Gazette, exempt such weight or 
measure from being so marked or stamped. 
11. No person shall, without obtaining a licence under Prohibition 
the provisions of this Act, carry on any trade or business Yeoman,  - 
involving the manufacture, repair or sale of any weight or etc., of 
measure or any weighing instrument or measuring weights 
instrument. 	
end =ensure° 
without licence. 
12. No person shall sell, offer for sale, expose for sale, Marking of 
or have in his possession for sale, any article contained in a weigh or 
sealed package or container unless such package or container Ze7.0= 
bears thereon, or on a label securely attached thereto, a contain. 
description of the correct net weight or measure of the ere. 
article contained therein 
Provided that the provisions of this section shall not 
apply to any article which is not ordinarily sold by weight 
or measure. 
13. (1) The State Government may appoint a Controller Appoint. 
of Weights and Measures and as many Deputy Controllers molt of 
of Weights and Measures, Assistant Controllers of Weights tuty' ll"' Dep 
and Measures and as many Inspectors of Weights and Controllers, 
Measures, as may be necessary for exercising the powers andmoistoat 
discharging the duties conferred and imposed on them by (3°Entllers and Inspeo• 
or under this Act. 	 ton. 
(2 The State Government may, by general or special 
older, define the local limits within which each Inspector 
shall exercise the powers and discharge the duties conferred 
and imposed on Inspectors by or under this Act. 
(3) Subject to the provisions of this Act, all Deputy 
Controllers, Assistant Controllers and Inspectors shall per-
form their functions under the general superintendence and 
control of the Controller; and the Controller, the Deputy 
Controllers and the Assistant Controllers may, in addition 
to the powers and duties Conferred and imposed on them by 
and under this Act, exercise any power or discharge any 
duty so conferred or imposed on Inspectors. 
(1) The State Government or the Controller, if so 
authorised by the State Government, may appoint such other 
persons as may be necessary for carrying out the purposes 
of this Act. 
6 	 The West Bengal Standards of Weights and 
Measures (Enforcement) Act, 1958. 
[West Ben. Act • 
(Chapter III.—Verification and Stamping of Weights 
and Measures.—Sections 11, 15.) 
Verification 	 14. (1) An Inspector shall, for the purpose of verifies- 
and stomp- tion of weights and measures and weighing instruments and b,y 	 measuring instruments, attend at such place and time within '''''Pee'ors.  his jurisdiction as may be appointed in this behalf by the 
Controller. 
(2) An Inspector shall verify every weight or measure 
or weighing instrument or measuring instrument which is 
brought to him for the purpose of verification in accordance 
with such rules as may be prescribed. 
(3) If, on such verification, the Inspector finds the weight 
or measure or weighing instrument or measuring instrument 
correct, he shall stamp the same with a stamp of verification 
in the prescribed manner; but, if on the other hand, he finds 
the weight or measure or weighing instrument or measuring 
instrument incorrect and defective, he shall refuse to stamp 
the same with a stamp of verification and obliterate the 
denomination mark on such weight or measure. 
Power to 	 15. (1) An Inspector may, within the area under his 
insPect,eboe jurisdiction, inspect, at such times as may be prescribed, 
the weights or measures or weighing instruments or measur-
ing instruments which are used in transactions in 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 instrument or measuring 
instrument in accordance with the provisions of section 14. 
(2) Au Inspector may, at such times as may be prescribed, 
require any person engaged in any trade or commerce or 
any employee or agent of such person to produce before him 
for inspection all weights, measures, weighing instruments 
and measuring instruments which are used by him or are in 
his possession or are kept on any premises used for trade or 
commerce and all documents and records relating thereto 
and such person, employee or agent shall comply with such requirement. 
(3) An Inspector may seize any weight or measure or 
weighing instrument or- measuring instrument regarding 
which an offence under this Act appears to have been com-
mitted or which appears to have been, or which might 
be, used in the commission of such an offence, and may also 
seize any article sold or delivered or caused to be sold or 
delivered which has been weighed or measured by such 
weight or measure or weighing instrument or measuring 
instrument together with any documents or records relating to the transaction. 
(4) Where an Inspector has reasons to believe that a 
sealed package or container purporting to contain any net 
weight or measure of any article ordinarily sold by weight 
The West Bengal Standards of Weights and 	 7 
Measures (Enforcement) Act, 1958. 
XXIII of Thal 
(Chapter 111.—Verification and Stamping of Weights 
and Measures.—Beetions 16, 17.) 
or measure does not actually contain the net weight or measure 
of the article which it purports to contain, the Inspector 
may, in the presence of witnesses, break open the sealed con-
tainer and verify its contents. 
(5) If, on such verification, the net weight or measure 
of the article is found to be correct, the Inspector shall. 
tender the fair price thereof and may require a written 
acknowledgment therefor. 
(6) If, on the other hand, the net weight or measure of 
the article is found on such verification to be incorrect, the 
Inspector may seize the package or container and the article 
contained therein, after tendering the fair price thereof 
where the seizure is made from any person other than tte 
manufacturer, and may file a complaint against the manu-
facturer for contravention of the provisions of section 12. 
16. Every manufacturer or repairer of, or dealer in, tMainfae-
weights or measures or weighing instruments or measuring to maintain 
instruments, and every person using them in any transan- records and 
tion shall maintain such records and accounts as may be &laments. 
prescribed. 
17. (1) If the Controller, a Deputy Controller, an Appeals. 
Assistant Controller or an Inspector— 
(a) refuses to stamp any weight or measure or weighing 
instrument or measuring " instrument and 
obliterates the denomination mark thereon under 
sub-section (3) of section 14, or 
(6) seizes any weight or measure or weighing instru-
ment or measuring instrument or article under 
sub-section (3) of section 15, 
any person aggrieved by such refusal or seizure may, within 
sixty days from the date of such refusal or seizure, prefer 
an appeal,— 
(i) in the case of a refusal or seizure by the Controller 
or by a Deputy Controller, to the State Govern-
ment; and 
(ii) in any other case, to the Controller. 
(2) On receipt of any such appeal, the appellate 
authority shall, after giving the appellant a reasonable 
opportunity of being heard and after making such inquiry 
as it deems proper, decide the appeal and the decision of the 
appellate authority shall be final. 
Levy of 
fees. 
8 	 The West Bengal Standards of Weights and Measures 
(Enforcement) Act, 1958. 
[West Ben. Act 
(Chapter 111.—Verification and Stamping of Weights sad 
Measures.—Section 18.—Chapter IV.—Penalties.—Seetians 
19, 20.) 
18. The State Government may charge such fees— 
(a) for the grant of licences under section 11, for manu-
facture, repair or sale of weights and measures 
and weighing instruments and -measuring 
instruments, and 
(b) for the verification, marking, and stamping of 
weights and measures and weighing instruments 
and measuring instruments 
as may be prescribed: 
Provided that the. amount of fees chargeable under this 
section shall in no case exceed two hundred and fifty rupees. 
CHAPTER IV. 
Penalties. 
Penalty for 	 19. Whoever contravenes any of the provisions of section 
contraveg 9 shall, if such contravention is in respect of_ 
tion of the 
provistons 	 (2) the sale or delivery of a weight or measure or a 
of session 	 weighing instrument or a measuring instrument, 
9. 	 be punishable with fine which may extend to two 
thousand rupees; and 
(2) the use of any weight or measure or weighing 
instrument or measuring instrument in any 
transaction, be punishable, for a first offence, 
with fine which may extend to one thousand 
rupees, and for second or subsequent offence, 
with imprisonment for a period which may extend 
to three months, or with fine which may extend 
to two thousand rupees, or with both. 
Penalty for 	 20. (1) Whoever has in his possession for use in any 
possession transaction, any weight or measure or any weighing instru-
ment or measuring instrument which has not been verified 
rea d 	 or re-verified or stamped in accordance with the provisions 
ante d 	 of d 	 of this Act and the rules made thereunder shall be punishable 
measures for a first offence, with fine which may extend to one 
for use in thousand rupees, and for a second or subsequent offence, 
ti 
tranms°. 
	
	 with imprisonment for a period which may extend to three 
months, or with fine which may extend to two thousand 
rupees, or with both. 
(2) When any such weight or measure or, weighing 
instrument or measuring instrument is found in the posses- 
sion of any person, such person shall be presumed, until the 
contrary is proved, to have had it in his possession for use 
in transactions. 
The West Bengal Standards of Weights and 
Measures (Enforcement) Act, 1958. 
XXIII of 1958.1 
(Chapter IV .—Penalties.—Sections 21-26.) 
(3) Where an offence punishable under this section is 
committed by any employee or agent of a trader on behalf 
of such trader, such trader, unless he proves that the offence 
was committed by his employee or agent without hii 
knowledge and without his consent, and his employee or 
agent by whom the offence was committed, shall both be 
deemed to be guilty of the offence. 
21. Whoever manufactures, repairs, or sells any weight Penalty for 
or measure or weighing instrument or measuring instru- 	 of 
ment, without obtaining a licence as required by section ii, weights, 
shall be punishable with imprisonment for a period which eotentI ott 
may extend to three months, or with fine, or with both. 
Penalty for 
22. Whoever contravenes any direction contained in a usil f  notification issued under section 7 shall be punishable with weight or 
fine which may extend to two thousand rupees. 	 measure in 
don of of di-
rection 
under 
section 7. 
23. Whoever contravenes the provisions of section U? Penalty for 
shall be punishable with fine which may extend to two L IT to  
thousand rupees. 	 correct 
weight or 
raeasure OTh 
sealed con-
tainers, 
24. Whoever fraudulently uses any weight or measure Penalty foe -frantent 
or weighing instrument or measuring instrument knowing vse 
it to be false shall be punishable with imprisonment for a weights, 
period which may extend to one year, or with fine, or with me a.asures. 
both. 	
et 
25. Whoever is in possession of any weight or measure Penalty for 
or weighing instrument or measuring instrument which he being 
knows to be false, intending that the same may be 1,.,Ift er n  
fraudulently used, shall be punishable with imprisonment weight or 
for a period which may extend to one year, or with fine, or etmeasure. 
with both. 	
a. 
28. Whoever makes, sells or disposes of or causes to be Penalty for 
made, Bold or disposed of any false weight or measure or m eet ing or 
weighing instrument or measuring instrument knowing it to false g  
be false, in order that the same may be used as true, or know- weight or 
ing that the same is likely to be used as true, shall be measure. 
punishable with imprisonment for a period which may extend measure. punishable 
one year, or with fine, or with both. 
10 	 The West Bengal Standards of Weights and 
Measures (Enforcement) Act, 1958. 
[West Ben. Act 
(Chapter IV.—Pencatiee.—Seetione 27-30.) 
Penalty for 	 27. Whoever in selling any article by weight or measure, giving 	 delivers gr causes to be delivered to the purchaser less than short weight or what is purported to be sold shall, if the deficiency exceeds measure, 
	
	 the prescribed limit of error, be punishable with fine which 
may ,extend to three hundred rupees. 
Penalty for 	 28. Whoever in purchasing any article by weight or 
obtaining measure, obtains from the seller more than what is purported 
excess or to be purchased shall, if the excess exceeds the prescribed weight measure, limit of error, be punishable with fine which may extend to 
three hundred rupees. 
Penalty for 	 29. (1) Whoever counterfeits any stamp used under this counter- 	 Act for the stamping of any weight or measure or weighing lofting s, 	 instrument or measuring instrument or possesses any such weight 
measures, counterfeit stamp, or removes a stamp from any weight or etc. 
	
	 measure or weighing instrument or measuring instrument and 
transfers the same into another weight or measure or weigh ing 
instrument or measuring instrument, or wilfully increases 
or diminishes a weight or measure duly stamped under the 
provisions of this Act, shall be punishable with imprisonment 
for a period 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 instrument or 
measuring instrument stamped with such counterfeit stamp 
thereon, or stamped with the stamp removed from another 
weight or measure, shall be punishable with imprisonment for 
a period which may extend to six months, or with fine, or 
with both. 
Penalty for 	 30. Whoever— neglect or refusal to 	 (a) refuses or neglects to produce for inspection under produce 	 section 15, any weight or , measure or weighing weight or instrument or measuring instrument or any doeu- nleileare, etc., for 	 ment or record relating thereto in his possession 
inspection. 	 or on his premises, or 
(b) refuses to permit an Inspector to inspect and verify 
any such weight, measure, or instrument, or 
(c) obstructs the entry of an Inspector under section 15, 
or 
(d) otherwise obstructs or hinders an Inspector in the 
performance of his duties under this Act, 
shall be punishable with fine which may extend to five hundred 
rupees. 
t he f(est Bengal Standards of Weights and Measures 	 11 
(Enforcement) Act, 19M. 
XXIII of 1958.] 
(Chapter 1P.—Penalties.--Section3Z.—Chapter V .— 
Miscellaneous .—Sections 3.2-36.) 
31. If an Inspector knowingly stamps a weight or Penalty for 
measure or weighing instrument or measuring instrument in breach of 
contravention of the provisions of this Act or of the rules duty by t  
made thereunder, he shall be punishable with imprisonment sise  
for a period which may extend to one year, or with fine, or 
with both. 
CHAPTER V. 
Miscellaneous. 
32. No suit, prosecution or other legal proceeding shall Protection 
lie against the Controller or any Deputy Controller or any of carom 
Assistant Controller or any Inspector or any other person git esnaTith.  
appointed under this Act in respect of anything which is iu 
good faith done or intended to be done in pursuance of this 
Act or the rules made thereunder. 
33. (1) No court shall take cognizance of an offence cognizance 
punishable under this Act except upon complaint in writing 01effeeeee. 
made by the Controller or any officer authorised in this behalf 4flf'' 
by the Controller by general or special order. 
(2) No court inferior to that of a Presidency Magistrate 
or a Magistrate of the first class shall try any offence 
punishable under this Act. 
34. A weight or measure or weighing instrument or stamped 
measuring instrument duly stamped under the provisions of weights, 
this Act and the rules made thereunder shall be presumed etho to be 
to be correct until its inaccuracy is proved. 	 presumed to be correct. 
35. The Controller, every Deputy Controller, every CoutrollM., 
Assistant Controller and every Inspector appointed under otos 
this Act shall be deemed to be a public servant within at ermthteed  
XLV of 	 the meaning of section 21 of the Indian Penal Code. 	 Act to be 1880. 	 public servants. 
36. (1) If the person committing an offence punishable Offenceaby 
under this Act is a company, the company and every director, "P aul"' manager, secretary or agent of the company, unless such 
director, manager s  secretary or agent proves that the offence 
was committed without his knowledge or consent, shall be 
deemed to be guilty of the offence and shall be liable to be 
proceeded against and punished. 
12 	 Tho West Bengal Standards of Weights ;and 
Measures (Enforcement) Act, 1958: 
[West Ben. Act 
(Chapter V.—Miscellaneous.—Sections 37-39.) 
(2) Notwithstanding anything contained in sub-
section (1), wheat an offence punishable under this Act has 
been committed by a company and it is proved that the 
offence has been committed with the consent or connivance 
of, or is attributable to any neglect on the. part of, any 
other officer or person concerned in the management of the 
company, such other officer or person shall also be deemed 
to be guilty of that offence and shall be liable to be proceeded 
against and punished. 
Ezplanabion.—For the purposes of this section— 
(a) "company" means a 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 
Delegation 	 37. The State Government may, by notification in the 
of powers. Official Gazette, direct that any power exercisable by it 
under this Act or the rules made thereunder shall, in relation 
to such matters and subject to such conditions, as may be 
specified in the direction, be exercisable also by such officer 
or authority subordinate to the State Government as may be 
specified in the notification. 
Limits of 	 38. Subject to any rules that may be made under the 
error tobe Standards of Weights and Measures Act, 1956, in this behalf, 89-a 1956 ' 
tolerated the State Government may prescribe the limits of error which in weights 
and 	 may be tolerated- 
131GSBUIVS. 	 (a) in working models referred to in section 3; 
(b) in verification models referred to in section 4; 
(c) in weights and measures or in selling articles by 
weight or measure generally or as regards any 
trade or class of trades; and 
(d) in weighing instruments and measuring instruments. 
Power to 	 39. (1) The State Government may, by notification in ' 
make rules. the Official Gazette, make rules to carry out the purposes of 
this Act. 
(2) In particular, and without prejudice to the generality 
of the foregoing power, such rules may provide for all or 
any of the following matters, namely:— 
(a) the material of which and the designs and specifica-
tions according to which working models may he 
made, the agency by which such models may be 
prepared, the person by whom or the authority 
by which such models may be verified and 
stamped, the places at which and the custody and 
manner in which such models may be kept; 
fittexif eat Bengal Standards of Wiights and 'features 	 13 
(Enforcement) Act, 1958. 
- XXIII of Oaf • 
(Chapter V.—Miscellaneous.—Section 39.) 
(h) the manner and procedure for the verification or 
re-verification and stamping of working models; 
(c) the material of which and the designs and specifica-
tions according to which verification models may 
be made, the person by Whom or the authority by 
which such models may be stamped, the places at 
which and the custody and manner in which such 
models may be kept; 
(d) the manner and procedure for the verification or 
re-verification and stamping of verification 
models; 
(e) the manner in which weighing instruments and 
measuring instruments may be verified and 
stamped with stamps of verification and necessary 
particulars regarding the same; 
tj) the manner in which denominations may be marked 
on weights and measures and the manner in which 
weights and measures may be verified and 
stamped with stamps of verification; 
(p) the form in which, and the conditions subject to 
which licenses may be granted to persons for 
manufacture, repair or sale of weights and 
measures and weighing instruments and measuring 
instruments, the procedure for granting licenses 
and the authorities by which licenses may be 
granted; 
(h) the qualifications, functions and duties generally of 
Inspectors and other persons appointed under sub-
section (4) of section 13 of this Act; 
(i) the period within which working models and weights 
and measures and weighing instruments and 
measuring instruments are to be re-verified; 
(j) inspection of weights and measures and weighing 
instruments and measuring instruments used in 
transactions in trade or commerce; 
(k) the seizure and disposal of weights and measures 
which are not authorised by this Act; 
(I) the books, accounts and records relating to weights 
and measures and weighing instruments and 
measuring instruments to be maintained and the 
manner in which they may be maintained or 
produced; 
14 	 The. West Bengal Standards of Weights and Measures 
(Enforcement) Act, 1958. 
[West Ben. Act XXIII et 1952.1 
(Chapter V.—Miscellaneous.—Section 39.) 
(m) the form and manner in which appeals may be 
preferred under section 17 and the procedure for 
hearing appeals; 
(n) the fees which may be charged for the grant of 
licenses under section 11 and for verification 
re-verification and stamping of weights ang 
measures and weighing instruments and measur-
ing instruments and the collection and levy of the 
; 
(o) any other matter which has to be, or may be,. 
prescribed. 
(3) In making any rule under this section the State 
Government may provide that a breach thereof shall be 
punishable with fine which may extend to five hundred 
rupees. 
(4) The power to make rules under this section shall be-
subject to the condition of previous publication in the 
Official Gazette. 
(5) All rules made under this section shall, as soon as 
may be, after they are made, be laid before the State 
liegislature. 
‘1301',50/00.1320A4 

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