Chapter IV Chapter IV

Verification and Stamping of Weights and Measures

Every weight or measure manufactured for use as a commercial weight or measure shall bear the description of the weight or measure which it purports to be marked legibly on it in such manner as may be prescribed.

No commercial weight or measure or weighing or measuring instrument shall be sold or delivered unless it has been verified or reverified in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with stamp of verification.

No weight or measure or weighing or measuring instruments shall be used in transactions for trade or commerce unless it has been verified or reverified in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with a stamp of verification.

Where the size of a commercial weight or measure renders it impracticable to have any denomination marked on it under the provisions of section 10 or to be stamped under the provisions of section 11 or section 12, the State

Government may, by notification in the Official Gazette, exempt such weight or measure from being so stamped.

No person shall, in the course of trade, manufacture, repair or sell any weight or measure or any weighing or measuring instrument, unless he has obtained in the prescribed manner a licence in this behalf from the State Government or any officer authorised by such Government.

(1) Every manufacturer of any prescribed weight or measure or weighing or measuring instrument shall, —

1. (a) in a case where such weight or measure or weighing or measuring instrument is being manufactured at the commencement of this Act on the pattern of an existing design, within such period as may be prescribed;
2. (b) in any other case, before he commences to manufacture that weight or measure or weighing or measuring instrument, submit to the prescribed authority a prototype of the weight or measure or weighing or measuring instruments, as the case may be.

1. (2) Every prototype submitted under sub-section (1) shall be accompanied by such particulars as may be prescribed.
2. (3) The prescribed authority shall after such examination as it considers necessary, submit a report to the State Government on the prototype within the prescribed period.
3. (4) The State Government may, after considering the report of the prescribed authority submitted under sub-section (3), accept the prototype or suggest modifications thereto or reject the same and shall give intimation to the manufacturer accordingly: Provided that no modification to the prototype shall be rejected under this sub-section unless the manufacturer has been given an opportunity of being heard in the matter.
4. (5) Where the State Government has suggested any modification to the prototype under sub- section (4), the manufacturer shall not manufacture or continue to manufacture, as the case may be, the weight or measure or weighing or measuring instrument to which the prototype relates otherwise than in accordance with that modification.
5. (6) Where the State Government has rejected any prototype under sub-section (4), the manufacturer shall not manufacture or continue to manufacture, as the case may be, the weight or measure or weighing or measuring instrument to which the prototype relates.

No person shall sell, offer for sale, expose for sale, or have in his possession for sale, any article contained in a sealed package or container unless such package or container bears thereon, or on a label, securely attached thereto, a description of the net weight or measure of the article contained therein: Provided that the provisions of this section shall not apply to:

1. (i) any sealed package or container—

1. (a) of net weight of less than one hundred and twenty grams, if the sealed package or container contains biscuits, confectionery or sweets; and b) of net weight of less than sixty grams, if the sealed package or container contains any other foodstuff;
   • (ii) any other article sold, offered for sale, exposed for sale, or in possession for sale which is not ordinarily sold in transactions for trade or commerce by weight or measure: Provided further that the State Government may, if it is satisfied that the size of any class of such packages or containers renders it impracticable to comply with the provisions of this section by notification in the Official Gazette, exempt such class from the operation of this section.

No person shall, in any transaction for trade or commerce, quote the price, or express the quantity, of any article otherwise than in terms of the standard weight or measure.

1. (1) The State Government may appoint a Controller of Weights and Measures for the Union Territory of Goa,

Daman and Diu and as many Assistant Controllers and Inspectors of Weights and Measures as may be necessary for exercising the powers and discharging the duties conferred or imposed on them by or under this Act.

1. (2) The State Government may, by general or special order, define the local limits within which each Inspector shall exercise the powers and discharge the duties conferred or imposed on Inspectors by or under this Act.
2. (3) Subject to the provisions of this Act, all Assistant Controllers of Weights and Measures and Inspectors shall perform their functions under the general superintendence and control of

the Controller; and the Controller and the Assistant Controllers of Weights and Measures may in addition to the power and duties conferred or imposed on them by or under this Act, exercise any power or discharge any duty so conferred or imposed on Inspectors.

1. (1) Every Inspector shall, for the purpose of verification of weights and measures and weighing and measuring instruments, attend at such place and time within his jurisdiction as may be appointed in this behalf by the Controller.
2. (2) The Inspector shall verify every weight or 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 measuring instrument correct and in conformity with the Standards of Weights and Measures Act, 1956, and the rules made thereunder, he shall stamp the same with a stamp of verification in the prescribed manner.

1. (1) An Inspector may, within the area under his jurisdiction, inspect at all reasonable times, the weights, measures and weighing and measuring instruments

measuring instrument with a working standard or weighing or measuring instrument prescribed for the purpose.

1. (2) For the purpose of verifying the correctness of any weight or measure used in any transaction, an Inspector may also verify the weight or measure of any article sold or delivered in the course of the transaction.
2. (3) An Inspector may, at all reasonable times, require any trader or any employee or agent of a trader to produce before him for inspection or verification all weights, measures, weighing and measuring instruments which are used by him or are in his possession or are kept on any premises used for trade and all documents and records relating thereto and such trader, employee or agent shall comply with such requirements.
3. (4) An Inspector may seize and detain any weight or measure or weighing or measuring instrument regarding which an offence under this Act appears to have been committed or which appears to have been or which might be used in the commission of such an offence, and may also seize and detain any articles sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any documents or records relating thereto.
4. (5) Where an Inspector has reasons to believe that a sealed package or container does not actually contain the net weight or measure of the article which it purports to contain, he may break open the sealed package or container and verify its contents; and if, on such verification, the net weight or measure of the article is found to be correct, he shall reseal the package or container where it is possible so to do and attach a certificate thereto stating the correct weight or measure of the article, but if, on the other hand the net weight or measure of the article it found to be incorrect, he may seize and detain the package or container and the article contained therein.
5. (6) For the purpose of such inspection, an Inspector may, at all reasonable time, enter into

any place where weights, measures, or weighing or measuring instruments are used or kept for use in transactions for trade or commerce and inspect such weights and measures and weighing and measuring instruments.

Explanation:— Where any premises is partly used for trade and partly for dwelling purpose, the whole of such premises shall, for the purpose of this sub-section, be treated as a place where weights or measures or weighing or measuring instruments are used or are kept for use in transactions for trade or commerce.

Where it appears to the State Government desirable that an Inspector should be allowed in any area to adjust the weights and measures or weighing or measuring instruments, it may, if it thinks fit, authorise such Inspector to adjust weights and measures or such instruments accordingly.

(1) Every manufacturer, repairer or dealer in weights and measures or weighing or measuring instruments and every person using them in transactions for trade or commerce shall maintain such records and accounts as may be prescribed and if required so to do by an Inspector, shall produce such records and account before him.

1. (2) Notwithstanding anything contained in sub-section (1), if the State Government is of opinion that having regard to the nature of business carried on by any such manufacturer, repairer or dealer, it is necessary so to do, it may, by order exempt such person or class of persons from the operation of that sub-section.

1. (1) Subject to the provisions of sub-section (2), an appeal shall lie—
   • (a) from every decision of Assistant Controller, and Inspector under this Act, to the Controller; and
   • (b) from every decision of the Controller under this Act, not being a decision made in appeal under clause (a), to the State Government or any officer specially authorised in this behalf by the State Government.
2. (2) Every such appeal shall be preferred within sixty days from the date of the decision.
3. (3) On receipt of any such appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard and after making such enquiry as it deems proper, decide the appeal and the decision of the appellate authority shall be final.

The State Government may charge such fees—

1. (a) for the grant of licence under section 14, for manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments; and
2. (b) for the verification, marking, stamping and adjustment of commercial weights and measures and weighing and measuring instruments, as may be prescribed.

A weight or measure or weighing or measuring instrument, duly stamped by an Inspector, under this Act, shall be a legal weight or measure or weighing or measuring instrument in all places in which relevant provision of this Act has come into force unless it is found to be false or defective and shall not be liable to be restamped by reason merely of the fact that it is used in any place other than that in which it was originally stamped.