WEIGHTS AND MEASURES ACT, 1356F

Preamble - WEIGHTS AND MEASURES ACT, 1356F

THE WEIGHTS AND MEASURES ACT, 1356F

[No. 14 of 1356 F]

[16th Farwardi, 1356 F]

PREAMBLE

Whereas it is expedient to consolidate the law relating to the fixation and use of standards of weights and measures in H.E.H. the Nizam's Dominions; It is hereby enacted as follows:--

Chapter I - PRELIMINARY

Section 1 - Short title, extent and commencement

(1)     This Act may be called "The Weights and Measures Act, 1356 Fasli."

 

(2)     Chapters I, II, III, V and VI of this Act shall come into force on such date and in such areas as the Government may, by notification in the Jarida, determine from time to time.

 

(3)     Chapter IV shall come into force on the expiry of six months from the date on which Chapters I, II, III, V and VI come into force, in such areas as the Government may, by notification in the Jarida, determine.

Section 2 - Definitions

In this Act, unless there is anything repugnant in the subject or context--

(1)     "Inspector" means an officer appointed under this Act to discharge the duties of an inspector;

 

(2)     "measure" includes any instrument for the measurement of length, area, capacity or volume;

 

(3)     " weighing instrument " includes scales, weight or the weights belonging thereto, scale beam and pans, spring or mechanical balance, weighing machine, and other instruments for weighing;

 

(4)     "primary standard" means the standard prepared under section 4 and stamped with the distinctive stamp;

 

(5)     "secondary standard" means the standard prepared under section 6 and stamped with the distinctive stamp;

 

(6)     "working standard" means the standard prepared under section 8 and stamped with the distinctive stamp;

 

(7)     "verification" or "re-verification" with its grammatical variations, means the process of comparing, checking or testing any weighing instrument or measure;

 

(8)     " prescribed " means prescribed by rules made under this Act.

Chapter II - STANDARDS OF WEIGHTS AND MEASURES

Section 3 - Standard weights and measures

(1)     The weights and measures including the multiples and sub-multiples thereof specified in Parts A and B of the Schedule shall, for the purposes of this Act, be standard weights and measures and shall be used in the areas where this Act has come into force.

 

(2)     The standard weights specified in Part A of the Schedule may also be used for the weighing of articles mentioned in Part B of the Schedule.

 

(3)     Notwithstanding the provisions contained in sub-sections (1) and (2), the Government may, by notification in the Jarida, declare, either generally or for any particular trade or class of trades?

 

(a)      any other multiples or sub-multiples for weights and measures specified in Parts A and B of the Schedule, or

 

(b)      any other weight or measure and any multiples or sub-multiples thereof, to be a weight or measure.

 

(4)     The Government may, from time to time by notification in the Jarida, increase or decrease the articles specified in Part B of the Schedule.

(5)     The weights and measures, including multiples and sub-multiples thereof notified under sub-section (3) shall be deemed to be standard weights and measures for the purposes of this Act.

Section 4 - Primary standards

For the purpose of verifying the secondary standards, standard weights and measures shall be prepared by such agency and shall be of such material, weight, length and form and shall be made in such manner as may be determined by the Government by notification in the Jarida. They shall be stamped in the prescribed manner with the distinctive stamp. The standard weights and measures so prepared and stamped shall be called "primary standards."

Section 5 - Custody and verification of primary standards

The primary standards shall be kept in the custody of such officer in the City of Hyderabad as the Government may nominate. They shall, at least once in every five years, be verified, and if necessary, be adjusted or renewed, in such manner and by such officer as the Government may think fit.

Section 6 - Secondary standards

For the purpose of verifying the working standards in use in any area standard weights and measures shall be prepared by such agency and shall be of such material, length, form and weight and shall be made in such manner as the Government may prescribe by notification in the Jarida, and shall be stamped in the prescribed manner with the distinctive stamp. The standard weights and measures so prepared shall be called "secondary standards."

Section 7 - Custody and verification of secondary standards

(1)     The secondary standards shall be kept in the City of Hyderabad and in the custody of such other officer and at such place as the Government may think fit.

 

(2)     The secondary standards shall, at least once in every five years, be verified and if necessary renewed in the prescribed manner by such officers as the Government may nominate in this behalf. Such verification shall be, with the date thereof, marked on the secondary standards.

 

(3)     Secondary standards not verified or renewed in accordance with sub-section (2) or not marked in the prescribed manner, shall not be legal and shall not be used for the purposes of this Act.

Section 8 - Working Standards

For the purpose of verifying weights and measures in use in any area, standard weights and measures shall be prepared by such agency and shall be of such material, length, weight and form and shall be made in such manner as the Government may by notification in the Jarida prescribe. They shall be stamped, in the prescribed manner, by the distinctive stamp. Standard weights and measures so prepared shall be called "working standards."

Section 9 - Custody and verification of working standards

(1)     The working standards shall be kept in the custody of such officer in the city of Hyderabad and in other areas at such places as the Government may think fit.

 

(2)     A working standard shall be verified, renewed and stamped by such person and at such place and in such manner as Government may prescribe.

 

(3)     Working standards not verified or renewed in accordance with sub-section (2) or not marked in the prescribed manner shall not be legal, and shall not be used for the purposes of this Act.

Section 10 - Weighing and measuring instruments

Weighing and measuring instruments stamped in the prescribed manner by the proper authority shall be kept at the places where secondary standards or working standards are kept. Such instruments shall be of prescribed kind, and shall be verified, adjusted or renewed in the prescribed manner.

Section 11 - Prohibition of weights and measures other than standard weights and measures

(1)     Notwithstanding anything to the contrary in any law for the time being in force, and subject to exceptions under section 39, in any dealing or contract for any work to be done or goods to be sold or delivered by weight or measure, the use of any weight or measure other than the weight or measure or multiples or sub-multiples thereof specified in the Schedule, shall not be lawful. When anything appears to have been done or goods sold or delivered by weight or measure in any dealing or execution of contract, it shall be presumed that the dealing or execution of the contract or the sale or delivery of goods, is effected according to the weight or measure or multiples or sub-multiples thereof specified in the Schedule.

 

(2)     Any dealing or contract had or made in contravention of the provisions of sub-section (1), so far as it contravenes the said provisions shall be void unless it is proved that such dealing or contract was had or made without intention to contravene the said provisions.

Explanation:--Unless there is anything repugnant in the subject or context, a dealing or contract is hereinafter called "trade".

Chapter III - VERIFICATION AND STAMPING OF WEIGHTS AND MEASURES

Section 12 - Stamping

Every weight which conforms to the provisions of this Act, except where the small size of the weight renders it impracticable, shall have the denomination thereof stamped on the top or side thereof in legible figures and letters. Every measure of length, area, capacity or volume, which conforms to the provisions of this Act, shall have the length or volume thereof inscribed or stamped according to its size, on the outside of such measure in legible figures and letters. A weight or measure which does not conform to the provisions of this section shall not be stamped in accordance with the provisions of this Act.

Section 13 - Stamping and verification of weighing and measuring instruments

(1)     No weight or measure shall be used for trade unless it has been verified or re-verified and stamped in the prescribed manner by an inspector.

 

(2)     Government may prescribe the amount of error to be tolerated in weighing or measuring instruments used for trade.

Section 14 - Use of weights and measures not verified prohibited

No weighing or measuring instrument shall be used in trade unless it has been verified or re-verified and stamped within the prescribed manner by an inspector.

Section 15 - Sale and delivery of weights and measures not verified prohibited

No weighing or measuring instrument shall be sold or delivered unless it has been verified or re-verified and stamped within the prescribed period and in the prescribed manner by an inspector.

Section 16 - Licence for making, repairing or selling weights and measures, etc

No person shall make, repair or sell any weighing or measuring instruments unless he has obtained from Government a licence for making, repairing or selling them.

Section 17 - Provision of means of verification and stamping

Government shall make proper arrangements for verifying and stamping weighing and measuring instruments in the City of Hyderabad, in District Headquarters and at such other places as they may think fit.

Section 18 - Appointment of inspector of weights and measures

(1)     Government shall appoint a sufficient number of persons with prescribed qualifications for protection and custody of working standards and for the discharge of the duties of an inspector in accordance with the provision of this Act.

 

(2)     Government may empower an officer to inspect the work of an inspector.

Section 19 - Verification and stamping by inspector

An inspector shall examine every weighing or measuring instrument which is brought to him for the purpose of verification. If he finds such weighing or measuring instrument up to the standard he shall stamp the same with verification stamp in the prescribed manner.

Section 20 - Power to inspect weights, etc., and to enter shops, etc., for that purpose

(1)     Every inspector empowered in writing in this behalf by Government may?

 

(a)      inspect at all reasonable times measures and weighing or measuring instruments, within the area under his charge, which are in the possession of any person or in any premises for use in trade and compare any such weighing or measuring instrument with a working standard or a weighing or measuring instrument prescribed for this purpose, and verify it;

 

(b)      seize and detain any weighing or measuring instrument which appears to have been or may be used, for the commission of an offence under this Act.

 

(2)     For the purpose of inspection or seizure, an inspector may enter, at all reasonable times, into any place where weighing or measuring instruments are used or kept for purpose of trade and inspect such weighing or measuring instruments.

Section 21 - Differences how to be decided

(1)     In case of difference of opinion between an inspector and any person as to the meaning or interpretation of any rule made under this Act, or as to the manner of application, verification or stamping of any weighing or measuring instrument, the matter may be, by an application, referred for decision to any officer appointed by Government in this behalf.

 

(2)     An appeal against any decision under sub-section (1) shall lie within thirty days, to Government or an officer appointed by them and such decision shall be final.

Section 22 - Power to levy fees

Government may levy fees for verification, re-verification or stamping of any weighing or measuring instrument.

Section 23 - Standard of accuracy of weights and measure

A weighing or measuring instrument stamped by an inspector in the prescribed manner shall be deemed to be accurate until proved inaccurate and shall not be liable to be stamped again merely because it is used in any other area in addition to that in which it was originally stamped.

Section 24 - Presumption as to stamped weighing and measuring instruments

A weighing or measuring instrument stamped in the prescribed manner shall be deemed, if produced in any Court by any Government servant having charge thereof under the direction of Government or by any person acting under the general or special direction of such Government servant, to be correct until its inaccuracy is proved.

Chapter IV - OFFENCES AND PENALTIES

Section 25 - Penalty for fraudulent use of weighing or measuring instrument

Whoever fraudulently uses any weighing or measuring instrument, shall be punished with imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Section 26 - Penalty for making and selling false or defective weighing or measuring instrument

Whoever knowingly makes, sells or disposes of or causes to be made, sold or disposed of, any weighing or measuring instrument which is false or defective, shall be punished with rigorous imprisonment for a term which may extend to three months or with fine which may extend to five hundred rupees or with both.

Section 27 - Penalty for selling artic les by weight or measure other than standard weights or measures

Whoever sells any article by any weight or measure other than the prescribed standard weight or measure, shall be punished with fine which may extend to five hundred rupees.

Section 28 - Penalty for possession and use of unauthorised weighing or measuring instrument

Whoever uses or has in his possession for trade any weighing or measuring instrument not authorised in accordance with the provisions of this Act shall be punished with fine which may extend to five hundred rupees.

Explanation:--A weighing or measuring instrument, if found in a place where trade is carried on or articles are sold, purchased or delivered, the presumption shall be that such instrument is kept for use for the purpose of trade.

Section 29 - Penalty for giving short Weight or measure

Whoever sells any article by weight or measure and delivers to the purchaser at a weight or measure less than that with which the sale should be made, shall be punished with fine which may extend to three hundred rupees.

Section 30 - Penalty for possessing weights, weighing or measuring instruments not verified or stamped

Whoever has in his possession for trade any weighing or measuring instrument not verified and stamped under this Act, shall be punished with fine which may extend to two hundred rupees.

Section 31 - Penalty for sale or delivery of weight and measure not verified and stamped

(1)     Whoever sells or delivers any weighing or measuring instrument not verified and stamped in the prescribed manner, shall be punished with fine which may extend to one thousand rupees.

 

(2)     Whoever makes, or repairs any weighing or measuring instrument, shall be punished with fine which may extend to one thousand rupees.

Section 32 - Forgery of weighing and measuring instruments

(1)     Whoever forges or counterfeits any stamp used in accordance with the provisions of this Act, for the stamping of any weighing or measuring instrument or removes a stamp from any weighing or measuring instrument or inserts it into a weighing or measuring instrument or wilfully increases or diminishes a stamped weighing or measuring instrument or alters it in any other way, shall be punished with rigorous imprisonment for a term which may extend to six months or with fine or with both.

 

(2)     Whoever knowingly uses, sells, utters, disposes of or has in his possession for sale, any weighing or measuring instrument which is forged or stamped with counterfeit stamp, or which is increased or diminished, shall be punished with imprisonment for a term which may extend to six months or with fine or with both.

Section 33 - Penalty for neglect or refusal to produce weight for inspection

Whoever neglects or refuses when demanded by an inspector to produce for inspection any weighing or measuring instrument in his possession or control for trade, or neglects or refuses to permit an inspector to examine the same or obstructs the entry of an inspector under section 20 or otherwise obstructs or hinders him in the performance of his duties, shall be punished with fine which may extend to five hundred rupees.

Section 34 - Recurrence of offences

For the recurrence of the foregoing offences, in cases where it is possible, the offender shall be liable to double the punishments provided for in this Act.

Section 35 - Penalty for breach of duty by inspector

If an inspector knowingly stamps a weighing or measuring instrument in contravention of the provisions of this Act, or is guilty of a breach of any duty imposed on him under this Act, he shall be punished with imprisonment for a term which may extend to one year and also with fine.

Chapter V - OFFENCES AND PENALTIES

Section 36 - Protection to persons acting in good faith

No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act.

Section 37 - Cognizance of offences

No prosecution under this Act shall be instituted unless the sanction of the Taluqdar or any officer authorised by Government in this behalf has been obtained.

Section 38 - Delegation of powers

The powers and duties of Government under this Act may be exercised and performed by an officer empowered by Government in this behalf by general or special order.

Section 39 - Power to exempt persons, trade or weighing or measuring instruments

Government may by notification in the Jarida, under such conditions and restrictions as they may think fit, exempt any class of persons, any commodity, trade, any class of trades or any class of weighing or measuring instruments used or intended to be used in trade, from all or any of the provisions of this Act.

Chapter VI - RULES

Section 40 - Power to make rules

(1)     Government may make rules for carrying into effect the purposes of this Act.

(2)     Without prejudice to the generality of sub-section (1) Government may make rules for the following matters:--

 

(a)      the composition, weight, length, form and specifications of secondary standards and the manner in which they shall be made;

 

(b)      the procedure for the adjustment, verification, re-verification, or renewal of primary and secondary standards and the manner of affixing date on the secondary standards and the form of stamp;

 

(c)      the composition, weight, length, form, specifications and use of working standards, the manner in which such standards shall be stamped and its form and places at which and the manner in which such standards shall be kept;

 

(d)      the procedure for verification or re-verification of and affixing date on the working standards and determination of the officer by whom and the place where they shall be verified or re-verified;

 

(e)      the number of weighing and measuring instruments to be kept for the purpose of adjustment and necessary particulars relating thereto and the procedure for their verification or re-verification;

 

(f)       the composition, weight, length, form, specifications and manufacture of weighing and measuring instruments in use in any area;

 

(g)      the verification, re-verification of and the manner of stamping weight and measure and weighing or measuring instruments in use in any area and its form and the prohibition of stamping where the weighing or measuring instrument as regards its nature, denomination, material or mode of manufacture appears to facilitate forgery and the period within which such weighing or measuring instruments shall be verified or re-verified;

 

(h)     circumstances and conditions under which and the manner in which stamp may be obliterated or defaced;

 

(i)       the manner for testing the accuracy and efficiency of weighing or measuring instruments to be used;

 

(j)       the limits of error to be allowed on verification, and to be tolerated on re-verification in weighing or measuring instruments used or intended to be used generally in trade or in any-particular trade;

 

(k)      fixation of fees to be charged for the verification, re-verification, adjustment, renewal and stamping of weighing or measuring instruments and recovery thereof;

 

(l)       the seizure, custody and destruction of unauthorised weighing or measuring instruments;

 

(m)    determination of the qualifications, functions and duties in general of an inspector;

 

(n)     the conditions and fees for granting licence to persons making, selling and repairing, weighing and measuring instruments.

 

(3)     Government may punish any person for contravention of any rule with fine which may extend to five hundred rupees.

Section 41 - Repeal

(1)     On the commencement of this Act or any part thereof in any area or areas the following Acts or sections of the Acts shall stand repealed in such area or areas:--

 

(2)     the Municipal Act.

Schedule - SCHEDULE

SCHEDULE

PART A

SECTION 3 SUB-SECTION (1)

Multiples of tola, seer, palla and khandi and submultiples of tola, seer, maund, palla and khandi namely 1/2, 1/4, 1/8, 1/16 and 1/32.

A Masha is equal to 1/12 of a tola

A Chatak is equal to 1/16 of a seer.

The grain is that unit of weight in vacuo which when multiplied by 1799 84585 is equal to the weight of the iridio platinum cylinder in the custody of the Mint Master, the value of which is certified by the Standard Department of the British Board of Trade as 1799.84585 grains in vacuo.

Explanation 1. In practice weights shall be certified in air.

Explanation 2. Standard Indian Air is defined as follows:--

Temperature: 85 deg. Fahr. 29.44 deg. Cent.

Pressure: A column of mercury at (sic) deg. C. 29.8 inches or 756.919 mm.

Carbon-dioxide gas: 0.0006 in a unit volume of air.

Vapour tension: 0.75 inches = 19.05 mm.

Latitude at Calcutta: 22? 35' 6.6

Height above M.S.L.: 22.6 feet.

1. litre of Standard Indian Air at Calcutta weighs 1.14917 grm.

Measures:--

Multiples of paili of 2 seers.

IMPERIAL GALLON.

The Pint = 1/8 gallon.

Explanation 1. The seer is that measure of capacity occupied by one seer air-free distilled water in weight.

Explanation 2. The Imperial gallon is that measure of capacity which has been certified in accordance with the provisions laid down by Government and which is kept in the custody of the Mint Master.

Standard of Length--

Explanation. The yard is that unit of length which is equal to the certified yard kept in the custody of the Mint Master.

Area.:--The Square Yard, Square Foot, Square Inch, Cubic Foot, Cubic Yard, Cubic Inch and their sub-multiples.The Gunta = 121 square yards.One Acre = 4,840 square yards.

PART B.

one hundred weight = 112 pounds

1. ton = 2,240 pounds

The articles for which the weights of Part B may also be used are:--Bales of Cotton, dresses, cloth, coal, coke, tin, zinc, steel and articles made of tin, zinc and steel, hides and skins.