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'[TAMIL NADUJ ACT No. XX OF 19582

[Ret,rti7ed!he assent of the Governor on the 30t:z Septembe~


I :
1958 ' ;Jirst prrb2ishedin Nle " FJSt 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~erewithin
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.
AX x .G
PRELIMIN

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 .]
-
1These 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 25th 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 1
the correspondiag law in force in those territories.
b

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
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8 8 86 Wefghts andMeasures
(Enforcement)
(3) It shall come into force on such date las the
Government mdy, hy ~cotification, appoint ; and different
dates may be r,ppointtd for iiG*int piovisions of this
Act or for different areas or for dinerent classes of under-
takings or for li!;L~-cnt classess of goods.
efinition1s. 2.InthisAc:t,u~1lessthecantextotherwiseraquires,-
(a) " commerci a1 weight or measure" means a weight
or measure puri~ortingto 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~nstht sets of standard
weights a'...? measurea supplied to the Goverrment by the
Central Government in 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, indelible 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!
'
"- -
The provisicns of t h r Act have be
.1
time to time in respect of certain classes
classes of goods in the entire State and
classes of undertakings anci certain ~ t h c r
areas of the State.
*See now the Sfandards of Wcights allti h~casurcsAC
'

(Central Act 60 of 1'376), ccction 2'(r).

-
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f, 4

195$: T.N.A & ~ x ! ~ e f ~ h t s ' ameasures


nd 887 '..
Enforcement
verification " with its g r a m a t i cal variations
(j ) "
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
WEIGHTSAND MEASURES. ,'
,I

3. (1) For the purpose of verifying the correctness of Working


commcrcia 1 weights and measur t s and weighing and Standard I

j p i nsiruments used i n transactions for trade, 6

business or ccnxncrcc, the Governnent may cmse to be


.
I

prepared--

(i) ar many sets as t h ~ ymay 'ieeln nec.?ssary of


wthe~~:icatedstandard weights and mtasures to be called
the working standards, and
iii) special sets of woi king atandards in v ~ ~ t i tu
on
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,


illsuch 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
section4 and marked by such persons, at such places, at such
intervals and in such manner as may be prescribed :
that a special working staa&anlin relation to
bullion and precious stones shdl be verified with the
rrrference standard.
% LatestLaws.com
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 ~poljts
i 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
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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
measuresznd
(0) no unit of mass L,A ;::crlsure, othei than the other than
standardand
standard weight or measure, shall be used in arry trallsaction weights
for trade, business or commerce ; m d 4
measures.

(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, il .


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~dinganything contail~edin this to


the Government may, by notification, direct that in any prescribe
.
specified trade or class of trades no transaction dealing or weights
fhe use of
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.
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- 890 Weights ccnd Afeleasuues [19B: T.N. Act XX
(Eaf o cemen
~ t ).

CHAPTER 111,
. ,
VBRIF~CATLON OF WEIGHTSAND MEASURES.
AND STAMPING
- 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 ~xovisionsof 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,eor container
on, or on a label securely attacl~ed thereto a
dewription of the I:<:( wight or measure of the art:& .
contained therein :

-- -.
'-
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'. - *
-
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 efor d sale, or in possession
- - ..,.:. . -,-.---< c- x
*
for sale which is nor ordinarily saki i2 - - -->&.
tradc, business or commerce by weight or measure.
15. (1) The Government may appoint"a Controller of AppoiDtment of
oller, Assi-
COL..Co,,trolla8
i 8. .,
.,
Weights and Measures for the =[State of Tamil Nadu] -vd stant
*
1

as inany Assistant Coiitrollers and Inspectors of Weights and lnspoctorg.


and Measures as may be necessary for exercising the powers
,it' f
.I"{ $IN( *+
and discharging the duties conferred or imposed on
them by or under this Act. " il ?:
1, .#

(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 't:b
fication of weights and measulrs d:; weigl~illgand ineasu- stamping bf
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~ghtcr 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~ification in the prescribed manner.
-
i This expression was substituted for the expression '' State of
Madras " by the Tami I Nadu Adaptation of Laws Order, 1969, as
amended by the Tami i Nadu Adaptation of Laws (Second Amcnd-
mcnt) Order, 1969.
QSee now the Standards of Weights and hfeasures Act, 1976
(Central Act 60 of 1976).
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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.

18. Where i t appears to the Government that it is


I
desirable that an Inspect{orshould 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 and
tam records
documents,
trade, business or commerce .shall maintain such books,
records and accounts, as may be pre~cribedand if required
so to do by an Inspector, shall producc such books, records
and accounts before him.
I

(2) Notwithstanding anything contained in sub. I


seclion (I), if the Government are of opinion that having
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)+Anyperson 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,
to tho Controller ;
I
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894 Weights and Mwures [l958: T.N. Act XX


(Blforcemeirt).
(ii) Where the decision has been madsby the Controller,
not being a decision made inappeal 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
6.
in su 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,oershall 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 measuringinstruments, and
(b) for the verification, marking, stamping and adjust-
ment of commerciai weights, measures or weighing or
measuring instrumentu.

Validity of 22. A weight or nleasure or weighing or measuring


weights and instrument, duly stmped by an 111spectorurccter sub-section
z ~ ~ udulym(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.
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1955 : T.N. Act XX] PVe/eiglzts and Meusura 895


(E~tforcmzerrr)

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
deliveryorb!r
or delivers or muses to be delivered in the course of any wejht
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 masuraOr
hundred rupees, and fol R second or subsequent offence,
Y.ith imprisonment for fi term which may exter~dto three
months, or with fine, oil with both.
'!./
*,;

24. Whoever sells or delivers any c~rnmcrci~l weight Penalt for


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

has not been verified or reverified or stamped in P ccord a nce unstamped


commCeCill~ ;"[
6
with the provisions of this Act and the rules made there- ~ ~ i p hpnd ts
k
under shall be punishable with fine which may extend to rnemuros.
five hundred rupees.

25. Whoever uses in any tr~nsactionfor 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 ~ccordancewith the provisions of this Act r nd mcasuros.
the rules made thereunder shall be puilish~blefor 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 such3weightor 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 the l
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 t y of the o@ence,
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Wefghts and hleeasirres [I958: F.N. Act XIZ . .


(Enforcement).
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 ~lndersection 8 shall be punisha blc with


'fine which may extend to five hundred rupees.
a

ever c;ontravenes the provisions of section 14


ishable with fine which may extend to five
.,$2 ,:,O"."r0 ~measure
.(
saal*I.
*3:is:.,:
,:.7.,*5

% c ' $ ~ ~ ~ s w
%.r'.$.
, *c'.T* :2 i : ,:t
I
..+4" !$ -?

$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
etc. with both.
masum'

Penaty fat 30. Whocvcr is i a possession of a ny commzrcial weight


hint$ in or measure or weigl~ingor measuring instrument which he
of false knows to be false, irltendiog that the =me may be fraudu-
PoSLCS1O*
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
selling false be made, sold or disposed of any stand~rdwsight or
weight or measure or weighing or measuring instrument which he
heaaun, knows to be false, in order that the same m a y 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


or measure, delivers or c ~ u s etso be delivzred to the purchaser
weightshort
'lving
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,

. -- -- -
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1953 T.N. Act XX] , Weights arzJ ML'CLSUITS


. 897 a.

(ENforcenzent) -

33. (1) Whoev.:r fcrgcs or counterfeits any stamp used Penalty for
undcr this ~ cfort the stemping of i:lIy standard w i i ~ h or t .forgin&ctc,
me-surc or weighing or mezsuring instrume~ltor possesses mea5ures, of weights, ".
any such forg;d or counterfc it st: mp, or relnoves 2. stsmp ,tea
fi om n r y sta adsr:! weight orsmeasulc or weighing G r measu-
.
ring insirurnen\ ~ n inscrts
d the same info another wdght or
n t wlfully
mca sure or wPighil1g or me~.suriilg i n ~ t r ~ f i l eor
incfeas-,s or d.imi~:ishesa weight or measure so st::mpcd,
sh~.llb2 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~cntwith s u c h f o ~ g ~ordcoulltc~-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


s e c t i o ~17,
~ any wzight or mcasurc or w~ighingor messusing neglectto or
instrulncllt or r.11~docun~cnior record relating thereto in his produce
poss:ssion or on his premises, or weight or
(b) refusc,~to p:rlnit P n Inspector to inspect 3 nd verify measure, ep., '

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
($0olhc.rwiscobstruc:s or hinders a n I l l b p ~ ~ t in
pcrformancd of his dutics U I I ~ C Sthis Act,
o rthe

$hallbdp u ~ i s ~wit11 l ~which may extclld to five l ~ u l ~ d *


~ bfit~e

35. ~f 2 nInspector knowingly stamps a weight or Penalty for


mea:;.. e or w i&: ng or m 3asur-ngi ns; rumzl~tin cclntreven- brez-ch
duty byof
r ioll ofth 2, provisiol$ 5 of this Act or of the rules made tlleo Inspectora
rbundcr,hc,sballb, Bunis~~ablj with impritioll~cntfor 2 term
whici~miyextend t o una yG~r,0,.with $la cr with both.
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"*. % , '
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L . 1

, 898 . Weighis urrd Mcusliv~s [1958:


cc: -." (Erfo rcement )
- % A

' ?"&
\,>. ***. ' .'*.
: L ,
CI-IAI?TEK V.
:. *
3

&*
'
.

@
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 Con1rollct ~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 t o b\: do.11: i n ~ U T S L I ~ ~ ~~K fCthi";tzi
' or tllu
r u l ~ sln?dc: i hcscu I I ~ C S .
f

~ . c - , l l cos
(;v:ry A:,\i:,l;r ~ r iC'@,ilf
CoIltroller, 37. Tlllr; Col~il,r,ll~i., ~ 111s-
Assistant pcctor appoinletl ui:~icr t l ~ ! sAct sll::!i bz tlt:cln~dto be e
ofthcInrlian
Contro1le~p~blicservanrwiih~!~ll~ci:ie:i~ingcl':3c:tiun2~
,. .
,
,, ,i
~ ~ ~ ~ ~ E ~ o Ed (Ceutr:~; l ,, ,(..,.,
c~ e aActaXLV
f 37 \

ervant
1
Cognizance 38. (1) No Cofrrl slzall takc cogniz:llicc of an offcnce
of offences, punish3blc u rider this Act excel?i L L ~ ~ Jco111pl;lint
I in writillg
etc. made by the Coi~.trc!llero f Weights and Mcasl~resor 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
c ~ Ad.
punishnblt: u i ~ c l Illis
S~amped 39. A weight or :Ilcasure or wcighing or nlcasuring
weights, atc.9 instrui~lcntduly 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;!~-gctlul.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 Cundsr
C
companies. this Act ar TU lll~dc:thereti nu er i b a oonzp;+l, y, every
-persol1whil, at 1 1 1 ~t i n l ~ :the O ~ ~ Z I I Gw~ :~ oommittcd,
s was
incharge G'. and was rcaponsiblr to, ilm c~ml,auybr
t rbr: ousinebs oi'the company, as wellas the corn-
c o d ~ l cof
pany, shall bc det:n~cdto be guilty ol' the oiTcuce and shall
be iiable to b- proceeded against and prifiislcd a c c ~ r d i ? ~ ~ l y ;
* According l o
- 7 - - Y _
-. ---..-.-
_ _
* --
~1;lllscn(a} alld (c) ol' ?ui\-iccliorl (3) cf section
3 of the Code or Critliilliil I'I.OCCL~UTC, ~ ~ l 2 01 19741,
J (173 ( C ' ~ i : i l *Act
which calue i illo forcf o 1 t l1c 1:.t Apri 1 1 9-1 :, ally i-cj,clelicoto a
Magistrirte of l h ~~I !.tL c j ir * S aha i 1 be colahi 1 ~ ~ ac3 da j.cfcrencet., 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 ctcr ~ a ~ e t ~ -
.
politall &lagistratc,

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-
1958: T.N. Act XX] weights and Measures *
899
(E'nfi rcement) I

13fovided tl~iitnc t hing coi~taincdin 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. -*
anytllirlg contained i n su b-se~tioe
(2) Notwithstal~di~lg
(I), wltcrc on offel~ccunder this Act haas been comi~~ittcd
by a coll~panyand 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 suclt
S , director, manager, sscretary
or other officer shall also b:: deemed to be gn~ltyof that
offei~ceand shall be ligble to be proceeded against and
punished accordi~gly.
E.~pkttmli(~~.-F~r Llie purposes of this sect ion-
( ~ 9" w3mp12y" lrrsani any body corpcmrc and
ii,cludcra firm or otjl:r a3jotistion of i ~ ~ d i v i ~ i c ~r l r ;l -l
i ~
(b) "director", i l l relation to a firm, Incans a
, partcer in the 'firm .i
a ii.
Delegation
41. The Government may, by notification, direct that of powers,
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
notification, '
..
42, Subjed to any rules that may be llladc ulldel' the'.lirnits
.I

error toof
be
* Stalidnrds\of Weigl~tsand Measures Act, 1956 (Celltral tolerated in .*

Act 89 of 1956) in this bshalf, the Govornmcn~~ nlay pros- weights and .
u~*jbc ( 1 ~~ i ~ bfcrror
~ ~ i t swl~icllmay 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~leraliyor as regards any
trade or class of trades ;and ,
(4 in wzighiug and measuring instruznents.
43. (1) Tha G3verlment m y , by notification, make,k,Powerto
rulesa
,

rules to carry out the pur~poseso f this Act.


*
- . U p . - - .) e

?
n3fy th: Sraqdardi cf ~ a > . h t ~ ; a n3M:asurcs
d 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~
-.
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(2) I11 particular. ;r~lci witlit- v l !~i.c.jl:dice to t hc genera-


lity of the foregoing po we1 : sun17 1 - ~ l ~ c111;iy nrovide for a11
-
. ~

or ally of the fsll.:.\wiilg111atters, 11am:ly :-


(a) the LYPI 2: 11d i ~ ~ a n i ~ine r\vlticll,a ncl the condi-
tions su bjr"~tto ~flu:11, lic~ncosmay- be granted undor
section 13 ;
a
(6) t l ~ equa liliuations, filnctio 11s ;111ci dutica generally
of Inspcciors und!:r !his Act ;
(c) vcrificaiiotl and statnpi~yof wcigilts xntl nleasures
and w~ighingo ~ l dn~cu:;uringi n s t r u ~ ~ l c i l t h;wcl the period
withil~wl~ch:luyi.rcto be re-vcrifi-d;
(d) il~spcctiollof' woighis and 11uahurcs oild wcighillg
I
2nd l e a s t:iil~ginsirunic~~ts uszd i l l ir,i naaclicir~sfor trade,
business or co1n111crc;c; ;
(c) ihc: sciz~~ro, disposal and destruction of weigl;ts
and measures which :rrc not authori~cdby 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.
ally rule undcr i ;:is Act, i hc Govern-
(3) In -~l>king
ment ---1yprovide thal a hreiich thereof sliall be punishable
with fine which may extend to five hu~ldrcdrupees.
(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~rllbe subject to such
modifications by way of' amendments or repeal as the
Legislature may msk.c -.vilhin fourtee11day. 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'~avancoreAct VI of 1085), in so .
far as they have not been repealed by 1he *Standards of
weights and Measures Act: 1956 (Central Act 69 of 1956)
are hereby repealed.

* See
- - --------.---.--
ilaw ih: Eiallda-di u l W - i ~ hi t and; Nc;rszre; Act, 1975
- (Central Act 03 ~f 1 9 / ~ ) ,section 2(t). '
. .

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