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The Tamil Nadu Weights and Measures (Enforcement) Act, 1958

Act 20 of 1958

Keyword(s): Commercial Weight or Measure, Controller, Inspector, Measuring Instrument, Mint, Reference Standards, Stamping, Standard weight or measure, Verification, Weighing Instrument

'[TAMIL NADUJ ACT No. XX OF 19582

[Ret,rti7ed !he assent of the Governor on the 30t:z Septembe~ I : 1958 ' ; Jirst prrb2ishedin Nle " FJS t St. Ge J rge Gazette

, $ , Extraordrrzary " on the 30th September 1958 (Asvina S , i

1880). ] I

An Act to provide for the enforcement of stamlard weights add measures and for matters cailnecied tl~erewith in the 3[State of Tdmil Nadu.]

WHEREAS it j s expedient to provide for the enfortxment of standard weights and measures and for matters connec- r cd t here-sit11 i n the 3[State of Tam1 1 Nadu] ;

BE it enacted i n the Ni nth Year of the Republic of India as fbllows :-

4 1

CHAPTER I.

PRELIMIN AX x .G

1. (1) Thi s Act may be called the '['Tami 1 Nadu] Short tit ie, Wej ghts and Measurcs (Enforccm~nt) Act, 1958. extent and

commence- ment,

(2) It extends to the whole of the 3[State of Tamil Nadu .] -

1 These words were substituted for the word '' Madras " by the Tamil Nadu Adaptation of Laws Order, 1969, as amended by the Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969'

s p a r Statement of Objects and Reasons, see Fort St. George Gazette Extraordinary, dated the 25 th August 1958,iPart IV-A, pages 245-249.

This Act was extended to the added territories by section 3 of, and the First Schedule to, the Tamil Nadu (Added Territories) Exten- sion of Laws (So. 2) Act, 1961 (Tamil Nadu Act 39 of 19611, repealing the correspondiag law in force in those territories. b 1

3 This exiressibn was substituted for' the expression Stat6 of Madras" by the Tamil Nadu Adaptation of Laws Order, 1969, as

\

amended by the Tamil Nadu Adaptation of Laws (Second - Amend-, ment) Order, 1969.

I

efinition

8 8 86 Wefg hts and Measures (Enforcement)

(3) It shall come into force on such date las the Government mdy, hy ~coti fication, appoint ; and different dates may be r,ppointtd for i iG*int piovisions of this Act or for different areas or for dinerent classes of under- takings or for li!;L~-cnt classess of goods.

1s. 2.InthisAc:t,u~1lessthecantextotherwiseraquires,- (a) " commerci a1 weight or measure" means a weight

or measure puri~orting to be a standard wcight or measure used in any transaction for trade, business or colnmerce ;

(b) Controller '' means the Controller of Weights and Measures appointed under section 15 ;

(c) " Governnlellt " means the State Government : (d) "Inspector " means an Inspector of Weights and -

Measures appoi ntctl nder sect r 0 1 1 15 ; (e) " Mcasur; ng instrument " means any measuring

i nstrument other than a weighing i nstrument and i nc1ud.e~ any instrument for mcasuri ng length, area, volume or capacity ;

(f) "Mint" means the mint of the Central Govern- ment either i n Bowbay or i n Calcutta ;

(g'l " renxencc standards " rue~ns tht sets of standard weights a'...? measurea supplied to the Goverrment by the Central Government i n pursuance of sub-section (2) ' of section 15 of the St andarcis of Wcights and Measures Act, 1956* (Central Act 89 of 1956) ;

(h) " stamping " means marking i n such manner as to , be so far as practicable, i ndelible and includcs casting, ' engravingzetching and branding ;

( i ) " standard wcight or measul mass or measure reiirred to in sub-se of the Standards (-8 Weights and (Central Act 89 of 1956), and include measure permitted to be used by the i n pursuance of sub-section (1) d sec!

"- - '

.1 The provisicns of thr Act have be time to time in respect of certain classes classes of goods in the entire State and classes of undertakings anci certain ~thcr areas of the State.

' *See now the Sfandards of Wcights allti h~casurcs AC (Central Act 60 of 1'376), ccction 2'(r).

I

-

f , 4

195$: T.N. A & ~ x ! ~ e f ~ h t s ' a n d measures 8 8 7 ' . . Enforcement

( j ) " verification " with its gramat i cal variations used with reference to a weight or measme or weighing or measuring instrument , i nc1ud.e~ the process of comparing, checking or testing such weight or measuxe or weighing or measuring i nstrument and also I fication ; a

(lo) " wai ghing instrument means any i nstrument , for weighi ng and includes scales with the weights belonging thereto, scale-beams, balances, spring balances, steel yards and other we^ ghi ng machi nes.

STANDARD WEIGHTS AND MEASURES. ,' I,

3. (1) For the purpose of verifying the correctness of Working commcrcia 1 weights and measur ts and weighing and Standard j p i nsiruments used i n transactions for trade, business or ccnxncrcc, the Governnent may cmse to be

I

6

I

. prepared--

(i) ar many sets as t h ~ y may 'ieeln nec.?ssary of wthe~~:icated standard weights and mtasures to be called the working standards, and

iii) special sets of woi king atandards in v ~ ~ t i o n tu hulli on and precicus stones.

(2) Tha working standsrds shall be made of such materid and according to such desips and specifications and shall be prepared by such agency and shall be stamped and authenticated by such person of authority and in such mamer as may be prescribed.

(3) The working standards shall be kept at such places, ill such custody and in such manner as may be prcscribd

(4) A working standard shall be verified with the scccndary standard prepared under sub-section (1) of section 4 and marked by such persons, at such places, at such intervals and in such manner as may be prescribed :

that a special working staa&anl in relation to bullion and precious stones shdl be verified with the r rrference standard.

%

f**$ > * I L -.r: $,

* r ; - 1 < . ,, 888 Weig trtf and Measures [I958 : TON. Act XX En?jrc cilzent

(5) A working sfaadard which is not so verified atid marked at the prescribed intervals shall iwt be deemed legal or be used for the purposes of this Act.

(6) A workirkg staudard which has become defective shall not be deemed legal or be used for tile purposes of thisAct, untilit hasbeen vzrified and marked in the prescribed mannu.

- k '

Secondary 4. (1) For the purpose of verifying thc correctness of the standards* working standards, the Government may cause to be

prepared at the Mint as many sets as they may deem necessary of authenticated standard weights and measures to be called the secondary standards,

(2, The secondary standards shall be made of such n,,;erial and accordicg to such designs and specifications as may be prescribed and shall be stamped and authenticated

. by such person or snthority and in such manner as may be 1 .prescribed.

(3) The sccotldary standards shall he kept at such places, in such custody and in s:lch mmnner as may be prescribed.

(4) A secondltry standard shall b reference standard ot least once in every and shall be marked with the date of

rity and in such ma

condary standzrd which is nctt so veri prescribed interviils shall not bt. deem he p ~ i poljts of this A(;t.

e reference standards shall be and in such manner as may be p ~

or th6' pgrpose of verifying t ts and measures and of weighing

umfilts used. in transactions for tra merce, the Government

1958: T.N. Act XX] Weights and Measures 889 ,.-

Enforcement. -

(3) Such instruments shall be kept at all places where secondary standards or working standards are kept.

7. (1) Notwithstanding anything contained in any law Prohibition for the time being in force 6r any custom, ,.- usage or ofuse of practice,- weights measures znd

(0) no unit of mass L,A ;::crlsure, othei than the other than standard standard weight or measure, shall be used in arry trallsaction weights and

for trade, business or commerce ; m d measures. 4

(b) no dealing shall be had or contract made for any work to be done or any goods to be sold or delivered by weight or measure excc:pt according to a standard weight or i '

measure, i 1:

in any area in which this section has come into force, i l . if such transaction, dealing or contract relates to any class of I

undertakings or to any class oftgoods in respect of which *

this section has come into force.

(2) Any custom, usage, practice or method of whatever ,

nature which permits any trader, seller or buyer to demand, receive or cause to be demanded or received any quantity of any article in excess of, or less than, the quantity fixed by the weight or measure with reference to which the dealing was had or contract made in respect of the said article, shall be . void.

(3) Any transaction, dealing or contract in any area in which, and in relation to any class of undertakings or to riny class of goods in respect of which, this section has come into force shall, if made or had after the expiry of three months from such commencement,-be void in so far as it contravenes ,

the provisions of sub-section (1).

t

8. (1) Notwithst:u~ding anything contail~ed in this to the Government may, by notification, direct that in any prescribe specified trade or class of trades no transaction . dealing or fhe use of weights contract sball bc made or had except by weight only, or only, or except by measure only. measures

only in, (2) A notification issued under sub-section (1) shall certain

take effect in such area, with effect on and froin such date, cases.

and subject to such coilditions, if any, as may be. specified therein.

- 890 Weights ccnd Afeleasuues [19B : T.N. Act XX (Ea f o ~ cemen t ).

CHAPTER 111, . ,

VBRIF~CATLON AND STAMPING OF WEIGHTS AND MEASURES. - s

Making of 9. Every weight or measure manufactured for use as denomina- commerciLi weight or measure shall be made of such

UOns On material and according to such designs and specifications as may be prescribed and shall bear the' description of the

mas- weight or measure which it purports to be, inarked legibly on it in such manner as may he prescribed.

mercial weisht or measurc or weighing or trument shall be sold or delivered unless it bas

d or re-verified in accordance with the rules made under this Act and stamped in the prescribed manner . by an Inspector, with the stamp of verification.

. No weight or measure or weighing or measuring ment shall be used in any transactiotl for trade, btsiness

or commerce unless it has been verified or re-verified ordance with the rules made under this Act and ' . stamped in the prescribed manner by an Inspector, with a

stamp of verification.

Where th : size of a com.incrcia1 weight or measure , s it impraccirable to have any denomination marked under the ~xovisions of section 9 or to be stamped the provisions of section 10 or section 11, the Govern- '

may, by notification, exempt such weight or measure eing so marked or so stamped.

..-+ 1-13, No person shall, in 1 h: course of trade, business or , manufacture, repair or sell any commercial leasure or any weighing or measuring instrument,

s obtained in the prescribed manner a licence , from the Government or any officer authorised

on shall sell, offer for sale, expose for sale, possession for sale, any articli: contained in a

e or COP talner unkss such packt~g,e or container on, or on a label securely attacl~ed thereto a

dewription of the I : < : ( wight or measure of the art:& . contained therein :

- - -. '-

'. - *

1958 : T.N. Act XX] Weigltts mzd Afeastires 891 - +-

(.Enforcemcn:nt).

Provided that this section shall not apply to ~n article -" sd2, if-2.-s--' - s&. c ~ g ~ s e d for sale, or in possession

- - - - . . -,-. -- < c for sale which is nor ordinarily saki i2 -->&..,.:. - - x *

tradc, business or commerce by weight or measure.

15. (1) The Government may appoint"a Controller of AppoiDtment of i 8. ., COL.. oller, Assi- Weights and Measures for the =[State of Tamil Nadu] -vd stant Co,,trolla8 ., *

1

as inany Assistant Coiitrollers and Inspectors of Weights and lnspoctorg. ,it' f and Measures as may be necessary for exercising the powers .I" IN(

{$ *+

and discharging the duties conferred or imposed on 1, .#

them by or under this Act. " il ?: (2) The Governinent may, by general or special order,

define the local limits within which each Assistant Con- troller or Inspector shall exercise the powers 2nd discharge the duties conferred or imposed on Assistant Cantrollers of Weights and Measures or on Inspectors by or under this Act.

(3) Subject to the provisions of this Act, all Assistant Controllers of Weigh1.s and Measures and Inspectors shall perfom their functions under the general. superintendence and control of the Controller of Weights and Measures; and the Controller of Weights and Measures 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 dischrrrp any duty so conferred or imposed on Inspectors.

ii

16. (1) Eevery Ins?cctor shall, for the pnrpose of veri- Verification and fication of weights and measulrs ;::d weigl~illg and ineasu- stamping bf

't b:

ring instruments, attend at such place within his jurisdic- Iaspectoa tion and at such time ae may be appointed ir; this behalf by the Controller.

(2) The Inspcctor shall verify evcry we~ght cr measure or weighing or measuring instrument which is brought to him for the purpose of verification and if he finds such weight or measure or weighing or measlrring instr~lrner~t to be correct and in conformity with the Standards of Weights and Measures Act, 1956 "(Central Act 89 of 1956), and the rults made thereunder, he shall stamp the same with , a stamp of ve~ificati on in the prescribed manner. -

i This expression was substituted for the expression '' State of Madras " by the Tami I Nadu Adaptation of Laws Order, 1 969, as amended by the Tami i Nadu Adaptation of Laws (Second Amcnd- mcnt) Order, 1969.

Q See now the Standards of Weights and hfeasures Act, 1976 (Central Act 60 of 1976).

1958 : T.N. Act XX] Weights and Measures 893 . (.Enforcement). ,

(0) the net weight or measure of the article is found to be incorrect, .the Illspector may seize and detain the package or container and the article contained therein. '

(6) For the purpose of such inspection, an Inspector may, at all reasonable times, enter into any piace where weights, measures or weighing or measuring instruments are used or kept for use in transactions for trade, business or commerce and inspect such weights and . measures and weighing and measuring instruments .

i

18. Where i t appears to the Government that it is I desirable that an Inspect{or should be! allowed ill any area bspector

to adjust the weights or measures or! wdghing or meaurhg adjust wei ' instruments, they may, if they thing fit, authorise ~uckor-measures.

Inspector to adjust such weights, measures or such instru- ment s accordingly.

19. (1 ). Every manufacturer, rcpair cr or dcalcr in Manufacturers, I , I

weights and measures or weighing or measuring instru- etc., to main- I nlents, and every person using them in tra11sac:tions for tam records trade, business or commerce .shall maintain such books, and documents,

records and accounts, as may be pre~cribed and if required so to do by an Inspector, shall producc such books, records and accounts before him.

I

(2) Notwithstanding anything contained in sub. seclion (I), if the Government are of opinion that having I

regard to the nature of business carried on by any such i m&nu@cacrurer, repairer or dealer, 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. (I)+Any person aggrieved by any decision under this ~ p p ~ ~ l a , Act may, within sixty days from the date on which such decisi0n.i~ communicated to him, appeal against the I

decision-

(i) Where the decision has been made by an Inspector,

I to tho Controller ;

894 Weights and Mwures [l958: T.N. Act XX (Blforcemeir t ) .

(ii) Where the decision has been madsby the Controller, not being a decision made in appeal under clauw (i), to the Government or any officer specially authorised in this behalf by them.

2) The Government or the appellate officer referred to in su 6. section (1) may admit an appeal presented af'ter the expiration of the said period of sixty days if they are, or he is, satisfied that the appellant had sufficient cause for not

- presenting it within the said period.

. (3) On receipt of an appeal under sub-section (I), the Govenunent or the appellate officex shall, after giving the

t a reason1 )le opportunity of being heard and after ch enquiry as they deem or he deems fit, decide and the (isision of. the Governxnent ar the appel-

late oflb,oer shall be final.

21. The Government may charge such fees as may be .

' (a) for the grant of licences under section 13, for the rnanufwture, repair or sale of commercial weights, measures weighing or measuring instruments, and

(b) for the verification, marking, stamping and adjust- ment of commerciai weights, measures or weighing or measuring instrument u.

Validity of 22. A weight or nleasure or weighing or measuring weights and instrument, duly stmped by an 111spector urccter sub-section

z ~ ~ u m duly (2) of section 16 ~ha.ll, in the area in which that section qt?m4eand this section h:rw come into force, be e legal weight,

measure or weighing or measuring int&xment in relation to any class of undet-takings or to any class of goods in respect of which the said sections have come into form unless it is found to be false or defective and sMll not be liable to be restampet? by reason merely of the fact that it is used in any place. other than that in which it was origi. nally stamped.

1955 : T.N. Act XX] PVe/eiglzts and Meusura 895 (E~tforcmzerr r )

0

23. Whoever, after the expiry of three months from the Penalty for commencement of this section, sells or causes t c be sold sale or

delivery b!r or delivers or muses to be delivered in the course of any wejht or transa ction for trade, b:.lsiness or commerce any particle ,,, by any denomination of weight or measure other than other than that of the standard weight or measure shtll be punishable, standard for a first offence with fine which mzy extend to five Or

masura hundred rupees, and fol R second or subsequent offence, Y.ith imprisonment for fi term which may exter~d to three months, or with fine, oil with both.

*,; '!./ 24. Whoever sells or delivers any c~rnmcrci~l weight Penalt for

or measure or any weighing or measuring instrument which sale l' I I 1

unstamped has not been verified or reverified or stamped in P ccord a nce commCeCill~ ;"[

with the provisions of this Act and the rules made there- ~ ~ i p h t s pnd 6 under shall be punishable with fine which may extend to rnemuros.

k

five hundred rupees.

25. Whoever uses in any tr~nsaction for trpde, business Pmalty foror. or commerce, or has in his possession for such use, any z8gfmed, commercial weight or measure or any weighing or measuring cmmerda, instrument which has not been verified or re-verified or wei*tr md stamped in ~ccordance with the provisions of this Act r nd mcasuros. the rules made thereunder shall be puilish~ble for a first offence, with fine which may extend to five hundxed rupees, and for a second or subsequent offence, with imprisonment for P term which may extend to three months, 3r with fine or with both.

Explanat fun 1 .+f any such3weight or measure or weigh- ing or measuring instrument is found. in the possession of m y trader or any employee or' agent of such trader, such trader, employee or agent shall be presumed, u ~ i l the contrary is proved, to have had it in his possession for use in transactions for trade, business or commerce. I

Explanation 2.-Where any offence under this section is committed by ally employee or agent of a trader on behalf of such a trader, such trader shall, nnless he proves that the offence was committed by his employee or agent without his knowledge or consent, also bc deemed to be p i l ty of the o@ence,

Wefghts and hleeasirres [I958 : F.N. Act XIZ . . (En forcement).

er son manufactures, repairs, or sells any or measure or weighing or m ~ s u r i n p

* instrument, wil hout obtaining a licence as required by e punishable with imprisonment for a

end to three months, or with* fine, or 5 -

\

o-ver contraveacs sny of the provisions of a '

issued ~lnder section 8 shall be punisha blc with 'fine a which may extend to five hundred rupees.

ever c;ontravenes the provisions of section 14 ishable with fine which may extend to five

. $2 .( ,:, Or measure , ,:.7.,* 5 "." 0 ~ s a a l * I . *3:is:.,: % c ' $ ~ ~ ~ s w %.r'.$.

..+4" , *c'.T* : 2 i : , : t $! -?

I

$g;~;Penw:for . 29. Whoever fraudulently uses any standard weight 6r , .fraudulent measure or weighing or measuring instrument which he

* > * - upe of knows to be false shall be punisha ble wit h imprisonment . . mights* for a term which may extend to one year, or with fine, or

masum' with both. etc.

Penaty fat 30. Whocvcr is i a possession of a ny commzrcial weight hint$ in or measure or weigl~ing or measuring instrument which he

PoSLCS1O* knows to be false, irltendiog that the =me may be fraudu- of false weifit or lently used, shall bs punishable with imprisonment for a

measure, etc. term which may extend to one yem, or with fine or wit b boe h.

Penally for 31. Whoever mekes, sells or disposes of or causes to Or be made, sold or disposed of any stand~rd wsight or selling false

weight or measure or weighing or measuring instrument which he heaaun, knows to be false, in order that the same may be used as

etc- true, or knowing t ha:. the same is likely to be used as true, shall be punishable with imprisonment for a tcrm which may extend to one year, or with fine or with both.

n

32. Whoever ill selling any article by weight or 'lving weight short or measure, delivers or c~uses to be delivzred to the purchaser

measure. less than what is purported to be sold shall, if the deficiency exceeds the prescribed limit of error, be punishable with fine which may extend :o five hundred rupees,

- . - -- -

897 1953 T.N. Act XX] , a. Weights arz J ML'CLSUITS . (ENforcenzent ) -

33. (1) Whoev.:r fcrgcs or counterfeits any stamp used Penalty for undcr this ~ c t for the stemping of i:lIy standard w i i ~ h t or .forgin& ctc,

of weights, me-surc or weighing or mezsuring instrume~lt or possesses mea5ures, ". any such forg;d or counterfc it st: mp, or relnoves 2. stsmp ,tea fi om n ry sta adsr:! weight orsmea sulc or weighing G r measu- ring insirurnen\ ~ n d inscrts the same info another wdght or .

mca sure or wPighil1g or me~.suriilg in~tr~f i lent or wlfully incfeas-,s or d.imi~:ishes a weight or measure so st::mpcd, sh~.ll b2 punishabl& with imprisonment for a term which mS;y extend to olic ycar, or with. finc, or with, both.

(2) Wl1ocvcr knowinbly uses, sells, disposes of or \ exposes for ~~~1.12 zny wdight or measure or weighing or

nle-suring inslrun~cnt with s u c h f o ~ g ~ d or coulltc~-h it stamp tllereon, & a weight or 8. measure so increased or diminished shall be punisha,bl.: with impiisonment for a t a m which may extend to six months or with fine, or with both*

(a) refuses or n t glects to produce for Inspection under ~enalt for sec t io~~ 17, any wzight or mcasurc or w~ighing or messusing neglect or instrulncllt or r.11~ docun~cni or record relating thereto in his to

produce poss:ssion or on his premises, or weight or

nd verify measure, ep., ' (b) refusc,~ to p:rlnit P n Inspector to inspect 3

8 ny such wzigl1t, measure, instrumel1t7 document or for mspectron, s.

r ~ c o r d , oi (,) t h ~ entry of r n ~nsp-ct o: under section

17, or ($0 olhc.rwisc obstruc:s or hinders a n I l lbp~~tor in the

pcrforma ncd of his dutics U I I ~ C S this Act, $hall bd p u ~ i s ~ ~ b l ~ wit11 fit~e which may extclld to five l ~ u l ~ d *

35. ~f 2 n Inspector knowingly stamps a weight or Penalty for mea:;. . e or w i&: ng or m 3asur-ngi ns; rumzl~t in cclntreven- brez-ch duty by of r ioll ofth 2, provisiol $ 5 of this Act or of the rules made tlleo Inspectora rbundcr, hc, sballb, Bunis~~ablj with impritioll~cnt for 2 term whici~miy extend to una yG~r, 0,. with $la cr with both.

-

" * . % , '

L . 1

- % A , 898 . Weighis urrd Mcusliv~s [1958: cc: -." (Er fo rcement ) ' ?"& \,>. ** * . ' . ' * .

: L , 3 .

CI-IAI?TEK V. * ' @ : . & *

. . A .-

6,-

- , ~~.IscEC.LANUOUS.

'. . prdtection 36. No soit, prosecution or other icgp1 ~xacucclil~~ ~lla1llic . of acti6n agdinst t hc Colitrollc~ of ~Weighta :I nd Mcijsures or any

- * taken in Assistant Con1 rollct ~f Wcight s and Mcasurcs or any good faith* Inspectbr or ally 01 hcr (vrson ri~poi~~lc{.i ~r adcr his Act in . respect or a n y thing which is iti gc)orl ,Si:it h dollc as

illtcllded to b\: do.11: i n ~ U T S L I ~ ~ ~ K C ~ f ' thi";tzi or tllu r u l ~ s ln?dc: i hcscu I I ~ C S .

f

CoIltroller, 37. Tlllr; Col~il,r,ll~i., (;v:ry A:,\i:,l;r ~ r i C'@,ilf ~ . c - , l l c ~ os 111s- Assistant pcctor appoinletl ui:~icr t l ~ ! s Act sll::!i bz tlt:cln~d to be e

, Contro1le~p~blicservanrwiih~!~ll~ci:ie:i~ingcl':3c:tiun2~ ofthcInrlian ,. f 37 ,, ,i \ ~ ~ ~ ~ ~ E E ~ e a a l ~ o d c (Ceutr:~; Act XLV ,, . ,(..,., 1 ervant

Cognizance 38. (1) No Cofrrl slzall takc cogniz:llicc of an offcnce of offences, punish3blc u rider this Act excel?i L L ~ ~ J I co111pl;lint in writillg

etc. made by the Coi~.trc!ller o f Weights and Mcasl~res or any officer authorized iii ihis behalf by !Ilc said general or special order.

(2) No court infi:rior to t h a t c.;'a :i'ijr csidci1cy magis- trato or ;r mn:+giskr.atc u r t hc first-clos:, sl~;! li try -1ry offcnco punishnblt: u i ~ c l c ~ Illis Ad.

S~amped 39. A weight or :Ilcasure or wcighing or nlcasuring weights, atc.9 instrui~lcnt duly stamped under the p~ovisio~-ts of' this Act .

1 presumed~~dt~crul~:sm::d~tlrcro~lnder~h~tll,ii'iiis~3rc~~~di~~~y to be court by any Inspccl.cr having ch;!~-gc tlul.cnf by any

person acting uader tllc gancral or special ituthority of the Controller of Wcighis a ild ' Mc:t surss, bc presumed to bc corrcct, until its inaccuracy is p x ~ v ~ d ,

0fftnces.b 40. (1) if t l ~ pcrsoll co~nillilli !lg ail ~ ~ B ~ I I C C undsr companies. this Act ar TU l l l~dc: thereti nu er i b a oonzp;+l, y, every

-persol1 whil, at 1 1 1 ~ t i n l~ : the O ~ ~ Z I I G ~ : w ~ s oommittcd, was incharge G'. and was rcaponsiblr to, i lm c~ml,auy br c o d ~ l c t of rbr: ousinebs oi'the company, as wellas the corn- pany, shall bc det:n~cd to be guilty ol' the oiTcuce and shall be iiable to b- proceeded against and prifiislcd a c c ~ r d i ? ~ ~ l y ;

- 7 - - Y _ _ _ -. ---..-.- -- *

* According l o ~1;lllscn (a} alld (c) ol' ?ui\-iccliorl (3) cf section 3 of the Code or Critliilliil I'I.OCCL~UTC, J (173 ( C ' ~ i : i l * ~ ~ l Act 2 01 19741, which calue i i l lo forcf o1 t l1c 1:.t Apri 1 1 9-1 :, ally i-cj,clelico to a Magistrirte of l h ~ ~ I L !.t cj ir * S aha i 1 be colahi 1 ~ ~ c d a 3 a j.cfcrence t., a

. Judicial Magi?trdte of l h ~ fii b t class and ally j-el'erent.;e tc, a Plesi- . dency Magistrate shall bc colzstrucd as u, ~ c f c r c n c ~ tcr a ~ e t ~ - politall &lagis tratc,

. - - \C - -- -- .--"-- - -- - & -

899 - * 1958: T.N. Act XX] weights and Measures

(E'nfi r cement) I

13fovided tl~iit nc t hing coi~taincd in this sub-section shall rclldcr any such person liable to punishulent, if he proves that the offcllce was coininitted without his k~lowledge or that ho cxcrciscd all duc diligence to prevent the commission of such 'offence. -*

(2) Notwithstal~di~lg anytllirlg contained in su b-se~tioe (I), wltcrc on offel~cc under this Act haas been comi~~ittcd by a coll~pany and it is proved that the offence l,,as- been cornlnitted with the col~se~it or connivance of, or is attri- butable to any neglect o n the paart of, any director, manages, secretery or other O ~ ~ C S , suclt director, manager, sscretary or other officer shall also b:: deemed to be gn~lty of that offei~ce and shall be ligble to be proceeded against and punished accordi~gly.

E.~pkt tml i (~~.-F~r Llie purposes of this sect ion- ( ~ 9 " w3mp12y" lrrsani any body corpcmrc and

-l ii,cludcr a firm or otjl:r a3jotistion of i ~ ~ d i v i ~ i c r l r ; ~ l i ~

(b) "director", i l l relation to a firm, Incans a , partcer in the ' f i rm a .i ii .

41. The Government may, by notification, direct that any powttr exerciable by tlxsrn under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, as may be specified in such noti- fication, be exercisable also by such officer or authority subordillate to the Gbvernment as may be specified in the

Delegation of powers,

notification, '

42, Subjed to any rules that may be llladc ulldel' the'.lirnits of . . . I

error to be * Stalidnrds\ of Weigl~ts and Measures Act, 1956 (Celltral tolerated in . *

Act 89 of 1956) in this bshalf, the Govornmcn~~ nlay pros- weights and . u~*jbc ( 1 ~ ~ i ~ ~ ~ i t s bfcrror wl~icll may be tolcratc(1- measures,

( ( f ) in lvc,rkini: si;lndnrds referred to in section 3; (h) in sccond:lry stiltldards rereerred to in section 4; (c) it1 C ~ ~ & : T O ~ : ~ 1 wights amid measures or in selling

nrt iclcs by weight or measure ge~leraliy or as regards any trade or class of trades ; and

(4 in wzighiug and measuring instruznents. ,

Powerto , 43. (1) Tha G3verlment m y , by notification, make ,,k, rulesa rules to carry out the pur~poses o f this Act. e - . U p . - - .)

? * n3fy th: Sraqdardi cf ~ a > . h t ~ ; a n d 3M:asurcs i Ac?, I1976 j kecntral Act 69 of 19f6), section 2 4th:

.-,.,&.I;%L&r*.J!~%sL L$*a d * ~ S Z C ~

425-3-47~

-.-

(2) I11 particular. ;r~lci witlit- v l !~i.c.jl:d ice to t hc genera- lity of the foregoing po we1 : sun17 1 - ~ l ~ c . ~ 111;iy nrovide for a11 or ally of the fsll.:.\wiilg 111atters, 11am:ly :- -

(a) the LYPI 2: 11d i ~ ~ a n i ~ e r in \vlticll, a ncl the condi- tions su bjr"~t to ~flu:11, l ic~ncos may- be granted undor section 13 ;

a (6) t l ~ e qua liliuations, filnctio 11s ;111ci dutica generally of Inspcciors und!:r !his Act ;

(c) vcrificaiiotl and s ta tnpi~y of wcigilts xntl nleasures and w~ighing o ~ l d n~cu:;uring instru~~lci l th ;wcl the period withi l~wl~ch:luyi . rcto be re-vcrifi-d;

(d) il~spcctioll of' woighis and 11uahurcs oild wcighillg I 2nd l eas t:iil~g ins i runic~~ts uszd i l l ir,i naaclicir~s for trade,

business or co1n111crc;c; ; (c) ihc: sciz~~ro, disposal and destruction of weigl;ts

and measures which :rrc not authori~cd by i h i ~ ,%ct ; (f) i hc form and inanncr in which appe:ils may b~

preferred against dcciaions of Inspectors alld 1 hc procedur~ for hearing ;:ppcals ;

(g) any other ruiltlor which h:rs to be, or may be, prcscri bed.

(3) In -~l>king ally rule undcr i ;:is Act, i hc Govern- ment ---1y provide thal a hreiich thereof sliall be punishable with fine which may extend to five hu~ldrcd rupees.

(4) All rubs nlaclc under this Act shall, as sooll as possible after i hey are m:idc, be placed on t hc table both the Houses of t h ~ i,e,$clah.rl: and sll~rll be subject to such modifications by way of' amendments or repeal as the Legislature may msk.c -.vil hin fourtee11 day. on which each House actually sits cither in the saint session or in mop: than one session.

. RepcaL 44. The Madras Wciyhts and Mo:rsurcs Act, 1948 (Madras Act XXII of 1948) and f he Travancore Weights and Measures Act, 1 085 (7'~avancore Act VI of 1085), in so . far as they have not been repealed by 1 he *Standards of weights and Measures Act: 1956 (Central Act 69 of 1956) are hereby repealed.

- - ----- ---.---.-- * See ilaw ih: Eiallda-di ul W - i ~ h t i and; Nc;rszre; Act, 1975

- (Central Act 03 ~f 19/~), section 2(t). '

. .

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