(3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions of this Act. (5) A certificate granted under sub-section (4) shall be valid for the period specified therein and may be renewed, from time to time, for such further period as may be prescribed. 16    National standards Provided that where the local Inspector in the transferee State has any reason to believe that any weight or measure of the first category has lost its accuracy in transit or has, for any other reason, ceased to conform to the standards of weight or measure established by or under this Act, he may, for reasons to be recorded by him in writing, and communicated to the Controller of the transferor State, through the Controller of the transferee State. (b) repairs any weight or measure, to which this Part applies, shall maintain such records and registers as may be prescribed and if required so to do by the Director, shall produce such records and registers before the Director or such other officer as the Director may authorise in this behalf, for inspection. (a) searches, or causes to be searched, any house, conveyance or place; or. (1) The Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), is hereby repealed. (2) In computing the time when the re-verification of a weight or measure of the first category shall become due in the transferee State, the period during which such weight or measure remains unsold or undistributed in the transferee State, shall be excluded. of companies convicted' Part II Establishment of standards of weights and measures. (2) The management and control of the Institute, which shall vest in the Central Government, shall be carried on in accordance with such regulations as may be made by the Central Government. 63    Penalty for contravention of Sec. (b) meeting the requirements of machines used for enclosing the contents of such package. Explanation. Explanation. Weights and Measures Act 1976 . (3) Every person shall, before making or manufacturing any weight or measure to which this Part applies, submit for approval of the prescribed authority, such number of models, drawings and other information relating to such weight or measure as may be prescribed: Provided that in relation to any weight or measure, to which this Part applies, which has already been made or manufactured, or which is in the process of being made or manufactured, at the commencement of this Part, models of such weight or measure shall be submitted to the prescribed authority from out of the weights or measures which have already been, or which are in the process of being, made or manufactured: Provided further that in the case of a weight or measure the model whereof cannot be submitted, whether by reason of its nature or otherwise, it shall be sufficient if the drawings and other prescribed information about the weight or measure is submitted to the prescribed authority and thereupon that authority shall test the models of such weight or measure at the place where it is made or manufactured or at such other place as may be specified by the Director: Provided also that the prescribed authority may, if it is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards established by or under this Act, approve such model without any test or after such test as it may deem fit. 79    Conversion of non-metric weights and measures into standard units of weights or measures of secondary or working standards (2) No approval, verification or stamping shall be made, copy granted, registration made or appeal entertained unless the fee prescribed therefor under sub-section (1) has been paid. (2) Subject to the provisions of sub-section (1), the Central Government may specify, by rules made in this behalf, the classes of weights or measures which would fall in the first category or the second category, and may, from time to time, if the circumstances so require, alter the category in which any class of weight or measure has been specified. In exercise of the powers conferred by section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules, namely:-1. Science and Research Act 19491968 . 40    Definitions TheStandards are established by the Standards of Wwights and Measures Act of 1976. (b) no Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence under this Act; (c) an offence punishable under section 50, section 52, section 53, section 56, section 58, section 60, section 61, section 63, section 64, section 65, or section 66, may be tried summarily by a Magistrate and no sentence of imprisonment for a term exceeding one year shall be passed in the case of any conviction for an offence which is summarily tried under this section. Repeal and savings. (4) Subject to the provisions of this Act, every Additional, Joint, Deputy or Assistant Director and every other officer, appointed under sub-section (1), shall exercise his powers and discharge the duties of his office under the general superintendence, direction and control of the Director and shall exercise those powers and discharge those duties in the same manner and with the same effect as if they had been conferred or imposed on him directly by this Act and not by way of authorisation. 17    National prototype and national standard how to be kept There are currently no known outstanding effects for the Weights and Measures &c. Act 1976. (5) Where the Central Government has reason to believe that there is undue proliferation of weight, measure or number in which any commodity is, or reasonably comparable commodities are, being packed for sale, distribution or delivery and such undue proliferation impairs, in the opinion of that Government, the reasonable ability of the consumer to make a comparative assessment of the prices after considering the net quantity or number of such commodity, that Government may direct the manufacturers and also the packers or distributors to sell, distribute or deliver such commodity in such standard quantities or number as may be prescribed. 47 Establishment of Standards of Weights and Measures, (a) the international system of units as recommended by the General Conference on Weights and Measures, and. 75. 60 of 1976]1 [8th April, 1976] An Act to establish standards of weights and measures, to regulate inter-State trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number, and to provide for matters connected therewith or incidental thereto (2) The mole is the amount of substance of a system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12. 68    Presumption to be made in certain cases 51    Penalty for contravention of Sec. (3) Where the package of a commodity to which this Part applies or the label thereon bears a representation as to the number of servings, of the commodity contained therein, such package or label shall also bear a statement as to the net quantity (in terms of weight, measure or number) of each such serving. (2) The ampere is that constant current which if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed one metre apart in vacuum, would produce between these conductors a force equal to 2 x 10 newton per metre of length. Section 75 in The Standards of Weights and Measures Act, 1976. Part II    Establishment Of Standards Of Weights And Measures  (2) Every Additional, Joint, Deputy or Assistant Director and other officer, appointed under sub-section (1), shall exercise such powers, and discharge such functions of the Director as the Central Government may, by notification, authorise in this behalf. (3) Notwithstanding anything contained elsewhere in this Act, in relation to any goods which are exported. The Legal Metrology Act, 2009. (2) Where any goods seized under sub-section (1) are subject to speedy or natural decay, the Director or the authorised person may dispose of such goods in such manner as may be prescribed. 57. 31    Part IV to apply to interstate trade or commerce only (f) classes of users of weights and measures, and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision in such areas, or in respect of such classes of undertakings, goods, weights and measures or users of weights and measures in relation to which this Act has been brought into force: Provided that the provisions of this Act (including the standards established by or under this Act) shall come into force in the State of Sikkim on such date, not being later than five years from the passing of this Act, as the Central Government may, by notification, 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, or for different classes of weights and measures or for different classes of users of weights and measures. | Indian Kanoon Explanation. STATE BANK OF HYDERABAD ACT, 1956 . (2) The Central Government shall keep in its custody, for the purposes of this Act, such number of reference standards as may be necessary. The new Act will have such impact because Section 4A of the Central Excise Act, 1944, levies duty on specified goods that are mandatorily required to carry the retail sales price (RSP) under the present Standards of Weights & Measures Act, 1976, on the pre-package commodities. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897) with respect to repeals, any notification, rule or order made under the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), shall, if in force, at the commencement of this Act, continue to be in force and have effect as if it was made under the corresponding provision of this Act. (8) The Central Government may, by rules, specify such reasonable variations in the net contents of the commodity in a package as may be caused by the method of packing or the ordinary exposure which may be undergone by such commodity after it has been introduced in trade or commerce. (c) determining the performance of such models under such varied conditions as may be prescribed. 32    Use of weights only or measures only in certain cases Provided that in relation to any weight, measure or other goods which are manufactured for scientific investigation or research or for export, inscription or indication thereon of any weight, measure or number may also be made in accordance with any other system of weight, measure or numeration if such inscription or indication is demanded by the person by whom such scientific investigation or research is to be made or by the person to whom the export is to be made. (2) Every such appeal shall be preferred within sixty days from the date on which the impugned order was made: Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days. (4) No written record of the results of any measurement shall be maintained in any unit other than the standard unit of weight, measure or numeration established by or under 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. Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. Except where any weight or measure is made or manufactured, with the permission of the Central Government, exclusively for export, every person who makes or manufactures any weight or measure which does not conform to the standards of weight or measure established by or under this Act, shall, where such offence is not punishable under any other law relating to weights and measures for … (4) The prescribed authority shall levy and collect such fees for the testing of any model, submitted under this section for approval, as may be prescribed. Get detailed information on list of repealed central acts in India like companies act 1956, central excise act 1944, Customs Act, 1962, sales tax act 1956, arms act, etc. in accordance with such scales as may be specified by rules made under this Act. (5) The fees for the verification and stamping of every weight or measure of. (iv) obtains any service in excess of the service contracted for or paid for. 7    Base unit of time otherwise than in accordance with the standard unit of weight, measure or numeration. Explanation. 15    National prototypes (2) Where any certificate of approval of any model has been revoked by the Central Government, the licence issued by the State Government for the making or manufacturing of any weight or measure in accordance with such model shall stand suspended: Provided that such suspension shall stand vacated if such model is subsequently approved by the Central Government. (3) The decimal multiples and sub-multiples of the numerals shall be of such denominations and be written in such manner as the Central Government may, after previous publication, specify by rules made in this behalf: Provided that no such rule shall be made before the expiry of six months from the date on which the draft of the proposed rules was first published in the Official Gazette. Explanation. Explanation. [(a) no Court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by. (b) director, in relation to a firm, means a partner in the firm. An Act to establish standards of weights and measures, to regulate inter-State trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number, and to provide for … (b) issue of any price list, invoice or cash memo; (c) indication of the weight or measure or number of net contents of any package on any label, carton or other thing; (d) expression of any dimension, may be made in accordance with any other system of weight, measure or numeration if the person to whom the export is to be made so requires. (6) The prescribed authority shall submit to the Central Government a detailed report on the performance of the model submitted to it together with its recommendations with regard to the desirability or otherwise of issuing a certificate of approval in respect of that model. Chapter I    Applicability Of This Part  Calibration may also be carried out with a view to permitting the use of a weight or measure as a standard; (b) commodity in packaged form means commodity packaged, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale, whether wholesale or retail; (c) dealer, in relation to any weight or measure, means a person who, or a firm or a Hindu undivided family which, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measure, whether for cash or for deferred payment or for commission, remuneration or other valuable consideration, and includes. Provided that the Central Government may permit the making or manufacturing of any weight or measure which does not conform to the standards established by or under this Act, if such weight or measure is made or manufactured exclusively for the purpose of any scientific investigation or research or for export and is made or manufactured under such conditions and restrictions as may be prescribed. (3) For the avoidance of doubt, it is hereby declared that where any weight or measure of the second category is delivered or received in a State from any other State, not for the purpose of sale or use therein but for the transmission of such weight or measure to any other State, then, such other State shall be deemed, for the purposes of this Chapter, to be the transferee State in relation to such weight or measure and the provisions of sub-section (1) and sub-section (2) shall apply accordingly. (5) Any metric standard of any measure or weight provided under any enactment repealed by this Act and in use as a secondary standard in the Federal Ministry of Commerce immediately before the date of the commencement of this section, shall be deemed for the purposes of this Act, to be a secondary standard provided under this section. (60 of 1976) An Act to establish standards of weights and measures, to regulate inter-State trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number, and to provide for matters connected therewith or incidental thereto . (7) The Central Government may, if it is satisfied after considering the report submitted to it by the prescribed authority that the aforesaid model is in conformity with the provisions of this Act or any rule made thereunder and is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions, issue a certificate of approval in respect of that model. Physical Representation Of Standard Units. Title: repealed, on 18 December 2013, by section 4 of the Weights and Measures Amendment Act 2013 (2013 No 145). (a) carry out such researches in legal metrology and other allied branches of knowledge as may be entrusted to it by the Central Government, and. The words when packed shall not be used in any case except a case to which the proviso to sub-section (4) applies. (3) The Central Government shall provide the Institute with such teaching staff and other employees, and with such equipments and other facilities as it may think fit to enable the Institute to function effectively as an Institution for imparting adequate training in legal metrology and other allied branches of knowledge. 43    Weight or measure of the first category not to be sold or used in any State unless it is stamped in the transfer or State A stamp may be made by impressing, casting, engraving, etching, branding or any other process; (i) any contract, whether for sale, purchase, exchange or any other purpose, or, (ii) any assessment of royalty, toll, duty or other dues, or. This Act may be cited as the Weights and Measures Shorttitle- Act. 62    Penalty for sale, etc. (4) A weight or measure of the second category shall not be verified and stamped in the transferor State but shall be verified and stamped, after its re-assembly and installation for use, by the local Inspector in the transferee State. In this sub-section, the expression unit sale price means the price according to such unit of weight, measure or number as may be prescribed. 36    Approval of models 65    Penalty for contravention of Sec. (a) Controller means the person appointed as such by the State Government under the State law; (b) Inspector means the person appointed as such by the State Government under the State law; (c) local Inspector means an Inspector within the local limits of whose jurisdiction any weight or measure is made, manufactured, received, delivered or kept for sale or use; (d) State law means the law enacted by the Legislature of a State, and for the time being in force in that State, with regard to the enforcement of the standards of weight or measure established by or under this Act; (e) transferee State means the State in which any weight or measure is delivered or received for sale or use therein from any other State; (f) transferor State means the State from which any weight or measure made or manufactured therein, or kept therein for sale or use, is sent to, or delivered in any other State. 48 (a) the first category shall be levied and collected by the transferor State; (b) the second category shall be levied and collected by the transferee State. 71    Vexatious actions (4) No publication under sub-section (3) shall be made until the period for preferring an appeal against the orders of the Court has expired without any appeal having been preferred, or such an appeal having been preferred, has been disposed of. In default of payment, he can be imprisoned. 27    Secondary or working standard which may be stamped Explanation II. Part VII    Training Institute  23 The Standards of Weights & Measures(Enforcement) Act of1985: 1. (3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the order appealed against or may send back the case with such direction as it may think fit for a fresh order after taking additional evidence, if necessary. (iii) does not make or manufacture any part of such weight or measure but assembles parts thereof made or manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be. 13    Base unit of numeration (i) sells, delivers, or causes to be sold or delivered, to the purchaser any quantity or number of any article or thing, less than the quantity or number contracted for or paid for; or, (ii) renders any service by weight, measure or number, less than the service contracted for or paid for; or, (iii) demands, or causes to be demanded, or receives, or causes to be received, while buying any article or thing, any quantity or number of goods in excess of the quantity or number contracted for or paid for; or. Equipments 24 Supply, etc such models under such varied conditions as may cited., means a unit which is, or both from the base, or to! ( 89 of 1956 ), is hereby repealed as provided by this section or! 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