The Assam Adoption of Standard Weights Act, 1955

ASSAM ACT IX OF 1955 TH E ASSAM AD OP TION OF STA NDARD WE IGHT S AC T, 1955 (Passed by th e Assem bly) (Received the assent o f the Governor on the 19th April 1955) [Published in the Assam Gazette, dated the 27th April 1955] An Act to prov ide for the ado ptio n and reg ula tion of the use of stan dard weights in the Sta te of Assam. Preamble . Whereas it is expedie nt to ado pt Stan da rd Weig hts an d to regu late the use the reo f in the Sta te of Assam ; It is here by enac ted in the Sixth Year o f the Republic of In di a as f ollows:— PART I . . 1. (1) This Act may be called the Assam Ado ption of exte nt and S tan dard Weights Act, 1955. commence- (2) I t extends to the whole of the Sta te of Assam. (3) It shall come into force on such date as the State Governmen t may notify in the official Gazet te. Definitions 2. In this Act , unless the re is any thin g rep ugnant in the subject o r context—• (1) “ Prescribed” means prescribed by rules made under this Act. (2) “ Primary Standard” means the set of weigh ts supplied by the Central Gov ernment under sub-section (2) A c t jx of of section 4 o f the S tand ard Weights A ct, 1939. 1939.« (3) “ Rules” mean the rules made under this Act. (4) “ An Inspec tor” mean an Inspec tor app oin ted unde r section 13. (5) “ Secondary Standards” mea n the weights pre­ pared and stam ped under sub-sect ion (1) o f section 5. (6) Th e expression “ Ver ifica tion” used with reference to a weight or weighing ins tru me nt, includes the process of comparin g, checking or test ing of such weights or weighing inst ruments . (7) “ Weighing Inst rum ent s” includ e sca les, with the weigh ts belongin g the reto, scale beams, balances, sprin g bala nce s, steel yards , weigh ing mach ines and oth er ins tru ­ men ts for weighing. (8) “ Working Sta ndard s” mean the wei ght pre­ pared and stam ped un der sub-section (I) of sect ion 6. [ Price 3 annas or 3d. ] 2 PART II Standard 3. (1) Th e weigh ts set forth in sub-section (1) of sec- Â eights. tion 3 o f t jje S tan dar ds of W eight Act, 1939 and reproduced A j ‘ o f in P ar t I o f the Firs t Sche dule hereto annexed as well as the mul tiple s and sub-multiples of these weights setfor th in Pa rt II of the said schedule and authorised under sub­ section (2) of the aforesaid section, shall be the weights authorised to be used in the Sta te of Assam and shall be the Sta ndard Weights for the purpose of this Act. Primary 4. (1) The au the nti ca ted set of weights supp lied by Act IX of the C ent ral Governmen t under sub-section (2) of section 4, 1939. 0 e 'g ti. t jl e s t a n c ja r ( ]s o f Weight Act, 1939, shall be the Pri ­ mary Standards and shall be used for the purpose of veri ­ fying the seco ndary standard s. (2) Th e Pr im ary Sta ndard s shall be kept in such custody as the S tate Governme nt may direct . Secondary 5. (f) For the pu rpose of verifying the working stan- of*VeTcht dards of weigh t, such sta nd ard weights as the S tate Govern­ ment may consider expedie nt shall be pre pared , marked an d stam ped in such ma nner as the Sta te Governmen t may prescribe. The standard weights so prepared, marked and stam ped shall be the Secondary Standa rds and the Sta te Governme nt may provide and keep such Secondary Sta ndard s in the custody of the Adm inis trative He ad of each d istr ict or subdiv ision. (2) (a) Onc e at leas t in every five years such secondary stan dards shall be verified with the prima ry stan dards and shall be adju sted or rep lac ed , if necessary, and shall be marked with the da te of verificat ion by such officer as Gov ernment may au thor ise. (A) A secondary sta ndard which is not so verified or adju sted or repla ced and marked with in the aforesaid period shall not be deemed legal and shall not be used for the purposes o f this Act. Working 6 . (1) For th e purpose of verifying weigh ts in use in standards, the Sta te, the Sta te Government m ay p rovide such working stan dards as i t thinks fit. The y shall be made of such materi als and acco rding to such specifications and by such agency an d shall be verified wi th the secondary stan dards and sta mped by such persons a nd in such ma nner as th e S tate Governme nt may prescribe. (2) The working standard s shall be kept in the custody of such officers and sha ll be verified in such ma nner as the Sta te Governme nt may dir ect. (3) A working sta ndard shall no t be legal or be used unless it has been pro per ly verified and marked und er this Act . Weighing 7. Properly stam ped weigh ing inst ruments shall be Instruments, kep t at all places where secondary stan dards or working sta ndard s of weights are kept. Such inst ruments shall be of such kind and kept, verified, adjusted or repl aced in such ma nner as m ay be prescribed. a Pro hib itio n of weights oth er tha n stan da rd ones. Res tri ct ion on loc al au ­ thor iti es . 8. (1) Notwi thst and ing any thin g contained in any bye-law made under any ena ctm ent in force for the time being, all con trac ts or tran saction s which are ma de or ente red into afte r this Act comes into force, for any work to be done or goods to be sold or delivered by weights shall be deemed to be made or entered into accor ding to one of the standard weigh ts laid dow n in the First Schedu le and it shall not be lawful to use o r s tipula te the use of any other weight in rela tion to any such contr act or transa ctio n. (2) Any con tract or transa ctio n made or ente red into in contravention of the provisions of sub-section (1), in so fa r as i t cont ravenes the said provisions, shall be void, 9. Notwithstand ing any thin g contained in an y other law for the time being in force, no local authority shall p resc ribe , by bye-law or othe rwis e, any s tan dar d of weig hts, and any sta ndard of weight in force by reasons of such pres crip tion , on the day this Act comes into force, shall so far as i t is inconsis tent with the provisions of this Act, be void. Pr oh ib ition 10. Notwi ths tanding any local practic e preval ent in of loc al any p ar t of the Sta te, it shall no t be lawful in any trade prac tic e. or business to use any weight or weighing ins trument which has not been verified and stam ped in the manner prescribed. PA RT II I Ve rific at ion an d St am ping o f Weig hts Val id ity of 11. No weight shall be accepte d for verif icatio n under weights. the provisions of this Act, and the rules fram ed there-; unde r.— (/) unless its ma ter ial , form and specificat ions con­ form to the provisions of this Act or the rules made the reu nder; and (»») unless its den omina tion is marke d on the top or side the reo f in legible le tters or figures or bo th. St am ping No weight or weighing ins trument shall be sold by an d veri fica - any person other than those licensed under this Act. The tion of State Governme nt m ay prescribe the form an d also fix we ights, fe e s fo r gran t and rene wal of such license. Appoin t- 13. The Sta te Government m ay appo int any Govern­ men t of In s- me nt Officer by vir tue o f his office or any oth er person to pecto r. exercise any of the functions of an Inspec tor under this Act an d rules mad e the reu nder. Ve rif ica tion Every Inspec tor shall verify every weig ht o> an d sta mp- weighing ins trument which is bro ugh t to him for such ing by Ins- purp ose. If the weight or weighing ins trument satisfies the pector. req uir em ent of this Act an d the rules made the reu nder he shal l stam p the same with a stam p of verification. 4 Power to 15 , (i ) An Inspec tor may inspect all weights or weigh- we^hts *n S in s t r u m e n t s w ithin the area under his charge, which are etc., ’ and u s e d by or a re in the possession of any person , or are on any power of premises for sale o r use for tra de , and may verify every such entry. weigh t or weigh ing ins trument with a secondary or working sta ndard or weighing ins trument prescribed for the purpose . (2) For the purpose of such inspection , an Inspec tor may at a ll reasonable times enter into any place where weights or weighing ins trum ents are sold, used or kep t for purposes of trade an d inspect such weights or weighing inst ruments . (3 ) An Inspec tor may seize and detain any weig ht or weighing ins trument regard ing which an offence under this Act appears to him to have been committ ed or which appears to him to have been used for the commission o f such offence. Power to (4 ) An Insp ecto r m ay seize and render inc apa ble of seiz e and u s e any defective and unadjust abl e weight or weighing ra 'abl e 'of inst rum ent . On being so rendered incapable of use, the capa e ot Q w n e r s a r e e n tit le d to the r etu rn o f such weight or weighing ins trument, if claimed within two mon ths of the da te of seizu re, otherwise it shall become the p roperty of the S tat e Governm ent. Governm ent 1 6 . If any difference arises betw een an Inspec tor r a ?y and any person inte rest ed as t o the procedu re in regard to rence t h e verify ing, adjust ing o r stam ping o f any weig ht or weigh­ ing ins trume nt, such difference may be refe rred by the pa rty interested or by the Inspec tor, to such officer not below the ran k of a M agi stra te of the Firs t Glass as the Sta te Governmen t may appo int , and the decision of such officer shall be final. w Levy of fees. 17. Th e Sta te Governmen t may charge such fees for the verification, mar king, adju stin g and stam ping o f weights or weighing inst rum ents as may be pre scr ibe d. Validit of I 8 - & we ight or weighing ins tru me nt duly stam ped weights^ etc . under this Act shall b e legal weig ht or weighing ins trument duly s tam p- in all place s within the Sta te and shall not be liab le to e d - res tam ping because it is used in a place other than th at in which it was originally stamped. Stamped 19. A weigh t or weighing ins trument duly stam ped weights, etc., under the provisions o f this Act or the rules made the re­ to be deemed under, shall be deemed to be correct un til its inaccuracy is correct in estab lished in course o f any legal proceedings in a Court o f law on produc tion in any such Cou rt by any public serv ant having charge the reo f under the directions of the Sta te Governmen t or by any person acting under the gen eral or specia l authority of such pub lic serv ant . Officers to 20. Every officer or person app oin ted or authorised be public UIK je r the provis ions of this Act shall be deem ed to be a public servant within the mea ning of section 21 of th e^ ctX L V of India n Penal Code , 1860. I860. 5 PA RT IV P en al tie s Penalty for 21. Whoever in any tran saction sells or purchases any sale by wei- a r ticle by any denomination of weigh t oth er than one of °t^nd- f^e Standard Weights shal l, on conviction, be punishab le ard ones, with fine which may exte nd to five hundred rupees or with imp risonment of either desc ript ion which may extend to six months. Penal ty for 22. Whoever uses o r has in his possession for use for use or posses- tra de any weight or weighing ins tru me nt which is not S'hts °etc'e l~ a utho rised, veri fied or stam ped under or in accordance with not ’ au tho - the provisions of this Act an d the rules made there - tised. und er shal l, on conviction , be pun isha ble with fine which may extend to five hundred rupees or imprison ment which may extend to six months, of eith er description and such weig ht or weighing inst rum ent shall be forfeited to the Sta te and an y trade m ade by such weight or weighing ins trument shall be void. Explanation:—When any such weight or weighing inst rum ent is found in the possession of any tra de r or of any employee or agent of such tra de r, such tra de r shall be presumed, until the c ontrary is proved , to have had it in his possession for use for trade . Unless the re is anyth ing rep ugnant in the sub ject or con tex t, tra de means and includes any deal ing or con trac t. Penal ty for 23. Whoever i n selling any art icle by weigh t delivers giving short o r c a u s e s to be delivered to the purchase r a weight less t han w elg t- what is p urp ort ed to be sold shall, if the difference in weig ht exceeds the amount of erro r prescribed sha ll, on conv iction, be pun isha ble with fine which may extend to thre e hundred rupees or w ith imp riso nment which may ex­ tend to two months. Penalty for sale or delivery of weigh ts, etc ., no t verified or stam ped . Pena lty for forging of stamp or tam per ing with weights, 24. Whoever sells or delivers any w eigh t or weighing ins trument not author ised , verified or stam ped under this Act, shall on conviction, be pun isha ble with fine which may extend to one thousand rupees or with imprisonment of e ith er descrip tion which may extend to one year. 25. (1) Whoever forges o r counterfei ts any s tam p used under th is A ct for the stamping of any weig ht or weigh ing ins trument, or removes a stam p from any weigh t or weighing ins trument and inserts the same into anoth er weigh t or weighing instru ment, or wilfully tampers with a weight or weighing ins trument stam ped u nder this Ac t so as to effect its accuracy, shall on conv iction, be punishable with rigorous imp risonment for a period which may extend to six mon ths, or with fine which may extend to one thou sand rupees , or with both . 6 (2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight or weighing ins trument with such forged o r coun terfe it stam p thereon or a weigh t otherwise t amper ed wi th, shall on conviction, be punishable with rigorous imp riso nment for a period which may extend to six months, or with fine which may extend to one thousand rupees or with both . Pe na lty for 26. Whoever on dem and by any c ompetent au tho rity refusa l to wilfully neglects or refuses to produce for inspection any p r o d u c e weig ht or weighing ins trument in his possession or in his w e ig h ts , premises or refuses to permi t any person authorised in this etc. , for beha lf to exam ine the same or any of them, or obst ructs the ins pection . e n t r y o f (jl e author ised person into his premises, or other­ wise obst ruct s or hinders him in perf ormance of his lawful dut ies shall , on conviction , be pun isha ble w ith fine which may extend to five hun dre d rupees or with impri son ment which may extend to six m onths. Pe na lty fo r 27. If any Inspec tor o r any other person authorised to a n ^ e i^ t e x e r c ’s e a n Y ° f the funct ions under this Act or rules made eta/ in'con- the reu nder knowingly stamps any weig ht or weighing tra ve nt io n ins trument in con trav ent ion o f the provisions of this A ct or of Act or rules made there un der, he sha ll, on convict ion, be Rules. punishab le with impri son ment of either descrip tion for a per iod which may extend to one year or with fine or with both ; Provided that no Cou rt shall take cogn izance of an offence under this section except on pri or sanction of the State Gov ernment. All offences 28. All offences under this Act shall be cogn izable, cogn iza ble . Ba r to su it, 29. No suit , prosecut ion or oth er legal proceedings pro sec utio n, shall be ins titu ted aga inst any publ ic servant for any thin g th ing done in which is in good faith done or inte nde d to be done under goo d fa ith , the provisions of this Ac t or rules made the reu nder, PA RT V Misce lla ne ou s De leg ati on 30. Any of the powers and -duties confe rred and im- of pow ers pO se j upon the Sta te Governme nt by this Act may be Govern-6 exercised and performed, subject to such condi tions as the rnen t. " State Governm ent may thin k fit, by any pe rson whom the Sta te Gov ernment may, by general or special order, em­ power in this behal f. Margin of 31. Th e Sta te Governme nt may prescribe the am ount of err or to be allowed in selling artic les by weight gene rally or as regards any trade or class of trad es. 32. Tr ial o f offences under this Act shall no t pre­ clude the trial of any person under any other law in force for the time being. Pow er of 33. T he St ate Governmen t ma y, afte r previous pub - Gbvemment lica tion , make rules to carry out the purposes of this Act to make a n c j s u c b r u ie s m ay prov ide a penalty not exceeding fifty tu l e s - rup ees for a b rea ch thereo f. er ro r. Offences un de r othe r ex­ ist ing laws. Repeal and amend* ments. 5? 34. On the coming into force of this Act— Th e enactments specified in the Second Schedule to this Act shall be deem ed to have been ame nded to the extent and in the manner specified in the second column thereof. TH E fir st SCHEDULE STA NDARD WE IGHT S [ See Section 3 (I) ] Pa rt I Act IX of 1939—Section 3, sub-section (1) of th e Standards of Weight Act , 1939 3. (1) There shall be the following standard weigh ts, na m ely:— (a) Th e standard tola , being a weight of 180 s tan dard grains. (Z>) Th e standard seer, being a weight of 80 sta nd ard tolas or 14,400 sta ndard grains. (r) Th e sta ndard m aun d, being a weight of 40 sta ndard seers. (d) Th e standard pou nd avoirdupois, being a weight of 7,000 standard grains . («) Th e sta ndard ounce avoirdupois, being one-s ixteenth pa rt of the weig ht of a sta ndard pound avoirdupois. ( / ) Th e sta ndard hundred-w eight, bein g a weigh t of 112 st and ard pounds avoirdupois. (g) Th e sta ndard ton, being a weig ht of 2,240 sta ndard pounds avoirdu­ pois, — Pa rt H As multip les and sub-multiples of the Sta ndard Weights in Pa rt I a b o v e - («) Multiples of th e tola :— 5 tolas ... ... ... --* 1 chh ata k. 10 „ ... ... ... ••• 2 chha taks or ha lf powa 20 ,, ... ... ... ... 1 powa. 40 „ ... ... ... ... J seer. (6) Sub-multipl es of the t o la :— | tola ... ... ... ... 6 masha s. i ,, ... ... ... ... 3 „ 1/12 ,, .. . ... ... ••• 1 ma sha . 1/16 „ ... ... ... ... 1 ann a. = 6 rat is. 1/24 ,, ... ... ... ... I masha or 4 rat is. 1/96 „ ... .. . ... ... 1 rat i. (r) Multip les of the seer 5 seers ... ... ... ... 1 panseri or pasuri , 20 „ „ ... .. . ... ... J ma und. 8 Sta ndard India n Air is defined as fo llows:— Te mp era tur e.— 85 deg. Fa hr . 29‘44 deg . cent. Pressure .—A column of Mercury at 0 deg. C.2 9’8 inches or 756-919 mm. in height . Carbon diox ide gas.— O’0006 of t he volum e of the air . Vapour tension.— 0-75 inch es: 19-05 m m. La titu de a t Calcu tta 22° 3 5' 6-6". Heigh t abov e M . S. L. 22-6 feet . On e litr e of Sta ndard Indian Air at C alc utt a weights 1*14917 grm, THE SECOND SCHEDULE RE PEAL AND A ME ND ME NT S (See Section 34) Enactment amended Titl e of the A ct 1. The Assam Municipa l Act, 1923 (Assam Act V of 1923). 2, Th e Assam Local Self -Governm ent Act, 1953 (Assam Act XXV of 1953). Am endm ents Clause (X XV III) of section 297 sha ll be del eted, an d clauses (X XIX ) (XXX ) and (X XXI) renumbered as clauses (X X V II I) , (X XI X) and (XXX ) respectively. In clause (</) of section 82 for the comma a semi-colon shall be subst i­ tut ed and the words “ an d presc ribe the we ights and measures to be used in such baz ars” shall be dele ted. A.G .I’. (L eg ,) No.38/55—1050—21-10-1955.