Modelize - Year 1976 - Bare Acts

Standards of Weights and Measures Act, 1976 Chapter III

Title: Approval of Models

State: Central

Year: 1976

.....used in retail trade for measuring kerosene, milk or potable liquors; (e) any weighing or measuring instrument or device which is made or manufactured exclusively for domestic use: Provided that such instrument of device is not intended for the use of any member of the medical profession in the course of such profession. (2) Where any officer of the Central or State Government charged with the duty of implementing the law relating to weights and measures has any reason to believe that the model of any weight or measure referred to in sub-section (1) requires a test by the prescribed authority he may acquire one such weight or measure from the market and forward it to the prescribed authority for test, the fees for which shall be payable by the Government employing the officer by whom such weight or measure has been forwarded for test. (3) Every person shall, before making or manufacturing any weight or measure to which this part applies, submit for approval of the prescribed authority, such number of models, drawings and other information relating to such weight or measure as may be prescribed: Provided that in relation to any weight or measure, to which this Part.....

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Standards of Weights and Measures Act, 1976 Section 36

Title: Approval of Models

State: Central

Year: 1976

.....used in retail trade for measuring kerosene, milk or potable liquors; (e) any weighing or measuring instrument or device which is made or manufactured exclusively for domestic use: Provided that such instrument of device is not intended for the use of any member of the medical profession in the course of such profession. (2) Where any officer of the Central or State Government charged with the duty of implementing the law relating to weights and measures has any reason to believe that the model of any weight or measure referred to in sub-section (1) requires a test by the prescribed authority he may acquire one such weight or measure from the market and forward it to the prescribed authority for test, the fees for which shall be payable by the Government employing the officer by whom such weight or measure has been forwarded for test. (3) Every person shall, before making or manufacturing any weight or measure to which this part applies, submit for approval of the prescribed authority, such number of models, drawings and other information relating to such weight or measure as may be prescribed: Provided that in relation to any weight or measure, to which this Part.....

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Standards of Weights and Measures Act, 1976 Section 38

Title: Weight or Measure to Contain Number of the Approved Model, Etc.

State: Central

Year: 1976

Every weight or measure to which this Part applies and for which a model has been approved shall bear thereon, in such manner as may be prescribed, the number of the approved model and the number of the certificate by or under which such model was approved: Provided that where the Central Government is of opinion that inclusion of any such particulars on any weight or measure is not possible by reason of its size or nature, that Government may exempt the inclusion of such particulars on such weight or measure.

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Standards of Weights and Measures Act, 1976 Section 60

Title: Penalty for Manufacture of Weights or Measures Unless Approval of Model is in Force

State: Central

Year: 1976

(1) Whoever makes or. manufactures any weight or measure which is, or is intended to be, sold, distributed, delivered or otherwise transferred in the course of inter-State trade or commerce, shall, unless a certificate of approval of the model of such weight or measure granted under section 36 is in force, be punished with imprisonment for a term which may extend to two years and shall also be liable to fine, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine. (2) Whoever, without any reasonable excuse, manufactures any weight or measure in accordance with an approved model with any material other than the material approved or recommended by the prescribed authority, shall be punished with imprisonment for a term which may extend to five years and also with fine.

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Standards of Weights and Measures Act, 1976 Part IV

Title: Inter-state Trade or Commerce in Weight, Measure or Other Goods

State: Central

Year: 1976

.....which is more suitable, that authority shall intimate its findings to the Central Government and also to the manufacturer, and thereupon the manufacturer shall not manufacture the weight or measure with any material other than the material recommended by the prescribed authority, until the material which was originally approved by the prescribed authority becomes available in India: Provided that where, in the opinion of the prescribed authority the substitute material referred to in sub-section (10) is not suitable and no other suitable material is also available in India, the approval in relation to the model shall stand suspended until a suitable material become available in India. (12) Where the model of any weight or measure to which this Part applies has been approved, the models of different denominations of such weight or measure shall not require any approval if such denominations are manufactured in accordance with the same principles according to which and the same materials with which, the approved model has been manufactured. Section 37 - Licence to manufacture weights or measures when to be issued (1) Before issuing a licence to make or manufacture any.....

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Standards of Weights and Measures Act, 1976 Chapter II

Title: Export and Import of Weights, Measures and Commodities in Packaged Form

State: Central

Year: 1976

.....to five years. Section 55 - Penalty for contravention of section 32 Whoever in the course of any inter-State trade or commerce, makes any transaction, deal or contract in contravention of the provisions of section 32 shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. Section 56 - Penalty for contravention of section 33 Whoever in the course of any inter-State trade or commerce, contravenes the provisions of section 33 shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine. Section 57 - Penalty for contravention of section 34 Whoever, in the course of any inter-State trade or commerce, (i) sells, delivers, or causes to be sold or delivered , to the purchaser any quantity or number of any article or thing, less than the quantity or number contracted for or paid for; or (ii) renders any service by weight, measure or number, less than the service contracted for or paid for; or (iii) demands,.....

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Finance Act 1976 Chapter III

Title: Direct Taxes

State: Central

Year: 1976

.....or incorporated by or under a Central, State or Provincial Act and includes an institution declared section 3 of the University Grant Commission Act, 1956 (8 of 1956), to be a University for the purposes of that Act.. Section 12 - Omission of Section 54C Section 54C of the Income-tax Act shall be omitted. Section 13 - Amendment of Section 57 In section 57 of the Income-tax Act, the following proviso and Explanation shall be inserted at the end, with effect from the 1st day of June, 1976, namely :- Provided that nothing contained in clause (i) or clause (iii) shall apply in computing the income by way of dividends in the case of an assessee, being a foreign company. Explanation : For the purposes of this section and section 58, "foreign company" shall have the same meaning as in section 80B.. Section 14 - Amendment of Section 58 In section 58 of the Income-tax Act, after sub-section (2), the following sub-section shall be inserted, with effect from the 1st day of June, 1976, namely :- (3) In the case of an assessee, being a foreign company, the provisions of section 44D shall, so far as may be, apply in computing the income chargeable under the head "Income.....

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Standards of Weights and Measures Act, 1976 Part 8

Title: Miscellaneous

State: Central

Year: 1976

.....of any measurement shall be maintained in any unit other than the standard unit of weight, measure or numeration established by or under this Act. Section 81 - Appeals (1) Subject to the provisions of sub-section (2), any person aggrieved by an order made under section 30 or section 36 may prefer an appeal against such order to the Director, or where the order has been made by the Director, to the Central Government. (2) Every such appeal shall be preferred within sixty days from the date on which the impugned order was made: Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days. (3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying or reversing the order appealed against or may send back the case with such direction as it may think fit for a fresh order after.....

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Standards of Weights and Measures Act, 1976 Section 83

Title: Power to Make Rules

State: Central

Year: 1976

.....in relation to weights or measures; (j) the conditions, limitations and restrictions under which non-standard weights or measures may be manufactured for export or may be exported; (k) the manner of disposal of any commodity which is subject to speedy or natural decay; (l) class of goods or undertaking in relation to which, or class of users in relation to whom, no transaction, dealing or contract shall be made or had except by specified weight, measure or number; (m) registers and records to be maintained by persons referred to in section 35; (n) the authority to whom models are to be submitted for approval; (o) the number of models, drawings and other information which are to be submitted for the approval of the model; (p) the conditions under which the performance of any model is to be tested; (q) the manner in which the number of model and certificate shall be inscribed on every weight or measure; (r) the manner of declaration of the contents of a package and specification of the unit of weight, measure or number in accordance with which the retail sale price shall be declared on the package; (s) the standard quantities or number in which commodities.....

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Standards of Weights and Measures Act, 1976 Part VI

Title: Offences and their Trial

State: Central

Year: 1976

.....to five years. Section 55 - Penalty for contravention of section 32 Whoever in the course of any inter-State trade or commerce, makes any transaction, deal or contract in contravention of the provisions of section 32 shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine. Section 56 - Penalty for contravention of section 33 Whoever in the course of any inter-State trade or commerce, contravenes the provisions of section 33 shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine. Section 57 - Penalty for contravention of section 34 Whoever, in the course of any inter-State trade or commerce, (i) sells, delivers, or causes to be sold or delivered , to the purchaser any quantity or number of any article or thing, less than the quantity or number contracted for or paid for; or (ii) renders any service by weight, measure or number, less than the service contracted for or paid for; or (iii) demands,.....

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