Year : 1985
[Act, No. 54 of 1985]1*
[4th September, 1985]
An Act to provide for the enforcement of the standards of weights and measures established by or under the Standards of Weights and Measures Act, 1976, and for matters connected therewith or incidental thereto.
BE it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-
1. Published in the Gazette of India, Extra., Pt. II, sec. 1, dated 4th September, 1985.
Note :- Repealed w.e.f. 01.03.2011 under section 57 of the Legal Metrology Act, 2009 (1 of 2010). The provisions of Legal Metrology Act, 2009 made effective from 01.03.2011 vide Notification No. S.O. 1(E) dated 31.12.2010 issued by Ministry of Consumer Affairs, Food and Public Distribution.
Section -1 Short title, extent and commencement
(1) This Act may be called the Standards of Weights and Measures (Enforcement) Act, 1985.
(2) It extends to the whole of India.
(3) It shall come into force in a State on such date as the State Government may, by notification, appoint, and different dates may be appointed for different provisions thereof, in or in relation to, different-
(a) Areas in the State; or
(b) Classes of undertakings in the State; or
(c) Classes of goods produced, sold, distributed, marketed or transferred in the state; or
(d) Classes of services rendered in the State; or
(e) Classes of weights and measures manufactured, sold, distributed, marketed, transferred, repaired or used in the State; or
(f) Classes of users of weights and measures in the State,
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 this Act, or, as the case may be, of that provision, in such areas or in respect of such classes of undertakings, goods, services, classes of weights and measures or classes of users of weights and measures, in relation to which, or whom, this Act has been brought into force.
Section -2 Act not to apply to inter-State trade or commerce
Nothing in this Act shall apply to any inter-State trade or commerce in,-
(a) Any weight or measure, or
(b) Any other goods which are sold, delivered or distributed by weights, measure or number.
Section -3 Definitions
In this Act, unless the context otherwise requires,-
(a) "Additional Controller" includes a Joint Controller, Deputy Controller and an Assistant Controller appointed under section 5;
(b) "Authorised seal or stamp" means a seal or stamp under, and in accordance with, the provisions of this Act;
(c) "Controller" means the Controller of Legal Metrology appointed under section 5;
(d) "Counterfeit", in relation to a seal or stamp, means a seal or stamp which is so made as to resemble an authorised seal or stamp, as the case may be, intending by that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised;Explanation
I.-It is not essential that the resemblance of the counterfeit seal or stamp to the authorised seal or stamp should be exact.Explanation
II.-When a person caused a counterfeit seal or stamp to resemble an authorised seal or stamp and the resemblance is such that if a person relies on such seal or stamp, he might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the seal or stamp to resemble the authorised seal or stamp intended by means of that resemblance to practise deception or knew it to be likely that deception would thereby be pactised;
(e) "heap" means any unit of a commodity for sale where such sale is intended to be made without any weighment or measurement or, where the sale is made by number, without counting the number;
(f) "Inspector" means a person who is appointed as such under section 5, by whatever name called;
(g) "Mint" means a mint of the Central Government;
(h) "Notification" means a notification published in the Official Gazette;
(i) "Prescribed" means prescribed by rules made under this Act;
(j) "Protection" means the utilisation of any weight or measure, or any reading obtained with the help of any weight or measure, for the purpose of determining whether or not any step is required to be taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively;
(k) "Standards Act" means the Standards of Weights and Measures Act, 1976 (60 of 1976);
(l) "standard weight or measure" means a weight, measure or number which conforms to the standards established in relation thereto by or under the Standards Act;
(m) "State Act" means the Act enacted by the Legislature of a State for the enforcement of the standards established by or under the Standards of Weights and Measures Act, 1956 (89 of 1956);
(n) "State Government", in relation to Union territory, means the Administrator thereof;
(o) Words and expressions used in this Act and not defined but defined in the Standards Act shall have the meanings respectively assigned to them in that Act.
Section -4 Provisions of this Act to override the provisions of any other law except the Standards Act
The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act and the Standards Act or in any instrument having effect by virtue of any enactment other than this Act or the Standards Act.