Standards of Weights and Measures Act, 1976 Chapter V - Bare Act |
| State | Central Government |
| Year | 1976 |
| Section Title | Verification and Stamping of Weights and Measures Sent from One State to Another |
In this Chapter, unless the context otherwise requires,
(a) "Controller" means the person appointed as such by the State Government under the State law;
(b) "Inspector" means the person appointed as such by the State Government under the State law;
(c) "local Inspector" means an Inspector within the local limits of whose jurisdiction any weight or measure is made, manufactured, received, delivered or kept for sale or use;
(d) "State law" means the law enacted by the Legislature of a State, and for the time being in force in that State, with regard to the enforcement of the standards of weight or measure established by or under this Act;
(e) "transferee State" means the State in which any weight or measure is delivered or received for sale or use therein from any other State;
(f) "transferor State" means the State from which any weight or measure made or manufactured therein, or kept therein for sale or use, is sent to or delivered in any other State.
(1) Where any weight or measure, sent from a transferor State for delivery, sale or use in a transferee State, is such that,
(a) it is not required to be dismantled before its despatch to the transferee State and is not likely to lose its accuracy by reason of such despatch, it shall be known, for the purposes of this Chapter, as a weight or measure of the first category;
(b) it is required to be dismantled before its despatch to the transferee State and reassembled and installed for use in the transferee State, it shall be known, for the purposes of this Chapter, as a weight or measure of the second category.
(2) Subject to the provisions of sub-section (1), the Central Government may specify, by rules made in this behalf, the classes of weights or measures which would fall in the first category or the second category, and may, from time to time, if the circumstances so require, alter the category in which any class of weight or measure has been specified.
(3) Weight or measure of the first category shall, before it is despatched to any transferee State, be produced before the local Inspector in the transferor State and if such Inspector is, after verification of such weight or measure, satisfied that such weight or measure conforms to the standards established by or under this Act, stamp the same with such special seal as may be specified by rules made under this Act.
(4) A weight or measure of the second category shall not be verified and stamped in the transferor State but shall be verified and stamped, after its reassembly and installation for use, by the local Inspector in the transferee State.
(5) The fees for the verification and stamping of every weight or measure of
(a) the first category shall be levied and collected by the transferor State;
(b) the first category shall be levied and collected by the transferee State, in accordance with such scales as may be specified by rules made under this Act.
(6) A weight or measure, whether of the first or second category, shall not require periodical re-verification if it is exclusively intended for domestic use and is not used by any number of the medical profession in the course of such profession.
(7) No weight or measure, whether of the first or of the second category, shall be verified and stamped unless fees for such verification and stamping have been paid in accordance with the scales specified under sub-section (5).
(1) Every weight or measure of the first category which is stamped with the special seal referred to in sub-section (3) of section 41 shall be presumed to be correct throughout the territory of India and shall not be required, until its re-verification in the transferee State becomes due by efflux of time, to be verified or stamped in the transferee State:
Provided that where the local Inspector in the transferee State has any reason to believe that any weight or measure of the first category has lost its accuracy in transit or has, for any other reason, ceased to conform to the standards of weight or measure established by or under this Act, he may, for reasons to be recorded by him in writing, and communicated to the Controller of the transferor State, through the Controller of the transferee State
(a) verify such weight or measure; and
(b) if, on verification, such weight or measure is found to be inaccurate
(i) cause such adjustment as is necessary to be made so as to make it conform to the standards established by or under this Act, or
(ii) where he is of opinion that such adjustment is not possible, reject it and obliterate the stamp thereon:
Provided further that where any verification, adjustment or obliteration is made in exercise of the powers conferred by the foregoing proviso, no fee shall be charged for such verification, adjustment or obliteration.
(2) In computing the time when the re-verification of a weight or measure of the first category shall become due in the transferee State, the period during which such weight or measure remains unsold or undistributed in the transferee State, shall be excluded.
No weight or measure of the first category shall be used, sold, purchased, delivered or otherwise transferred in any transferee State unless such weight or measure bears thereon the stamp made with the special seal referred to in sub-section (3) of section 41.
(1) Every person in a transferee State who receives or delivers for sale or use therein any weight or measure of the second category shall, after its re-assembly and installation for use, have such weight or measure verified and stamped by the local Inspector in the transferee State.
(2) The local Inspector in the transferee State shall verify every weight or measure of the second category and shall if he is satisfied that such weight or measure conforms to the standards established by or under this Act, stamp the same with the seal prescribed by or under the State law in force in the transferee State.
(3) For the avoidance of doubts, it is hereby declared that where any weight or measure of the second category is delivered or received in a State from any other State, not for the purpose of sale or use therein but for the transmission of such weight or measure to any other State, then, such other State, shall be deemed for the purposes of this Chapter, to be the transferee State in relation to such weight or measure and the provisions of sub-section (1) and sub-section (2) shall apply accordingly.
Where any weight or measure, which being in use in a transferee State, is sent to, or delivered in, any other State for sale or use in such other State, then, such other state shall also be deemed to be the transferee State in relation to such weight or measure and the provisions of this Chapter shall, so far as may be, apply to the weight or measure sent to, or delivered in, such other State.
Every manufacturer, dealer or other person in a transferor State, who sends to, or delivers in, any transferee State any weight or measure, whether of the first or of the second category, shall
(a) submit such periodical returns as may be prescribed, to the Controller of the transferor State with regard to such despatch, delivery or transfer and specify in such returns the particulars of the weight or measure which has been sent to, or delivered in, the transferee State;
(b) specify in such periodical returns the particulars of the person to whom such weight or measure has been sent, or delivered in the transferee State; and
(c) forward a copy of such periodical returns to the Controller of the transferee State.