The Bombay Weights and Measures (Enforcement) (Gujarat Amendment) Act, 1961

This Act may be called the Bon~bay Weights and Meaaurm (Enforce- short ti& nlalit) (Gujarat An~endmc~it,) Act, 1961.

For sub-section

1. (6) of section 17 of tlic Bombny Weights and Memure8~~~~,!'"'~,, LXIX (Enfrne,nent) Act., 1958, the follon~ing dlall bc substituted, nsn;ely:- of of Born. 1958. LXIX of lgas. "(6) For tho purposz or such inspcctiun, aciznrc or detention, an Inspector mlly, at all rcasonal>le tim~s, entcr and scarcl~, 1vit.h such aasiatance as may be required, any place whcrc n~eights, mmsures or weighing or measuring illstnlments are used or kept for use in tfransaclioils 'for trade or commerce or in ~vhicli he has re88011 to belitsve trhat an offcnec under this Act has been or is being committed, nrlrl take such artin11 as ]I? is anthorised to take under tbc furcgoing provisions of this sectioii.". 1. Short title This Act may be called the Bombay Weights and Measures (Enforcement) (Gujarat Amendment) Act, 1961. 2. Amendment of section 2 of Born. LXIX of 1958 For sub-section
2. (6) of section 17 of the Bombay Weights and Measures (Enforcement) Act, 1958, the following shall be substituted, namely:- "(6) For the purpose of such inspection, seizure or detention, an Inspector may, at all reasonable times, enter and search, with such assistance as may be required, any place where weights, measures or weighing or measuring instruments are used or kept for use in transactions for trade or commerce or in which he has reason to believe that an offence under this Act has been or is being committed, and take such action as he is authorised to take under the foregoing provisions of this section.".

In section 3 'of principal Act,-

1. (i) in sub-section (I), for A the words "the' working standards, and special sets of working standards in relation to bullion and precious stones may also be prepared" the words "the working spndards" shall be substituted;
2. (ii) in sub-section (#), the proviso shall be deleted.

In section 7 of the principal Act, for sub-ssction (I), the following sub-section shall be ' substituted, namely : - "(I) Notwithstanding anything contained in any other law or any custom, usage or practice in any area or in respect of any class of goods or undertakings where or ih Aspect of which this Act has &me into fdrce, no unit of mass or measure other than 4he standard weights or measures shall be used in any transactions for trade or commerce, or in any dealing or contract or for any work to be done or goods to be sold or delivered, or be kept in any premises wlere such transactions are usually conducted.".

In section 14 of the principal Act, after the existing proviso, the following proviso shall be inserted, namely : - " 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.".

In section 23 of the principal Act. after fhe words "other than one of the standard weights or measureh" the wards, brackets and figures "or whoever after the commencement of the Bombay Weights and Measures (Enforcement) (Gujarat Amendment) Act, 1963 keeps any unit of mass or measure other than the standard weights or measures in any premises where such transactions are usually con- ducted" shall be inserted.

After section 37 of the principal Act, the following section shall be inserted, namely : - "37A.

1. (I) Any offence punishable under section 23, section 24. section 25, section 27, section 28, section 32 or section 34 other than a second or a subse- quent oEence under section 23, or section 25, may, either before or after the institution of the prosecution, be pmpouaded by the State Government on payment of such sum as the State Government thinks fit.

1. (2) On payment by the offender of such sum, the offeuder, if in custody, shd be set at liberty and if any proceedings in any criminal court have been instituted agahst tbe offender in respect of the offence the composition shall b deemed to amount to an acquittal and no Mher criminal proceedings sball be taken against him in respect of such offence.".

After section 47 of the principal Act, the following section sball be Ineartion of inserted, namely :- new motion 48 in Bum. mx of 1858. "48. Nothing in this Act shall apply to weights or measures or ~eighing or saving. measuring instruments used by or in any unit or establishment of the bed Form of the Union.".

1. Short title This Act may be called the Bombay Weights and Measures (Enforcement) (Gujarat Amendment) Act, 1961.

2. Amendment of section 2 of Born. LXIX of 1958 For sub-section

1. (6) of section 17 of the Bombay Weights and Measures (Enforcement) Act, 1958, the following shall be substituted, namely:- "(6) For the purpose of such inspection, seizure or detention, an Inspector may, at all reasonable times, enter and search, with such assistance as may be required, any place where weights, measures or weighing or measuring instruments are used or kept for use in transactions for trade or commerce or in which he has reason to believe that an offence under this Act has been or is being committed, and take such action as he is authorised to take under the foregoing provisions of this section.". 3. Insertion of new section 14A in Bom. LXIX of 1958 "14A. 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.". 4. Insertion of new section 28A in Bom. LXIX of 1958 "28 A. Whoever contravenes the provisions of section 14A shall be punished with fine which may extend to two thousand rupees.". 5. Substitution of new section 32 for section 32 of Born. LXIX of 1958 For section 32 of the principal Act, the following section shall be substituted, namely : - "32
2. (1) Whoever in selling any article by weight or measure delivers or causes to be delivered to the purchaser any quantity of that article, which is less than the quantity fixed by the weight or measure by which the contract or dealing in respect of that article has been made shall, if the deficiency exceeds the prescribed limit of error, be punished with fine which may extend to five hundred rupees.
3. (2) Whoever in buying any article by weight or measure demands or rkives or causes to be demanded or received any quantity of that article in excess of the quanti:y fixed by the weight or measure by which the contract or dealing in respect of that article has been made, shall be punished with line which ?nay extend to five hundred rupees.". 1. Short title This Acl may be called the Bombay Weights and Measures {Enforcement) (Chj arat Rcpeal) Act, 2005. 2. Repeal The Bombay Weights and Measures (Enforcement) Act, 1958 in its application to the State of Gujarat is hereby repealed.