Power to make rules

Power to make rules.—

1. (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely :-
   • (a) the material of which, and the designs and specifications according to which, working standards may be made, the agency by which such standards may be prepared, the person by whom, or the authority by which, and the manner in which, such standards may be stamped and authenticated, the places at which, and the custody and manner in which, such standards may be kept ;
   • (b) the procedure for the verification or re-verification and marking of working standards, the persons by whom, the places at which, and the intervals at which, they may be marked ;
   • (c) the material of which, and the designs and specifications according to which, secondary standards may be made, the places at which, and the custody and manner in which, such standards may be kept ;
   • (d) the procedure for the verification or re-verification and marking of secondary standards and the manner in which they may be marked ;
   • (e) the number of weighing and measuring instruments to be kept, the manner in which they may be verified and stamped and necessary particulars regarding the same ;
   • (f) the manner in which commercial weights and measures may be marked by manufacturers ;
   • (g) the form and manner in which, and the conditions subject to which, licences may be granted to persons for manufacture, repair or sale of weights and measures and weighing and measuring instruments ;
   • (h) the qualifications, functions and duties generally of Inspectors under this Act ;
     • (i) verification and stamping of weights and measures and weighing and measuring instruments and the period within which they are to be verified ;
   • (j) inspection of weights and measures and weighing and measuring instruments used in transactions for trade or commerce ;
   • (k) the seizure, detention and disposal of weights and measures which are not authorised by this Act ;
   • (l) the books, accounts and records relating to weights and measures and weighing and measuring instruments to be maintained and the manner in which they may be maintained or produced;
   • (m) the limits of error which may be tolerated in secondary or working standards ;
   • (n) the limits of error which may be tolerated in weights and measures and weighing and measuring instruments used or intended to be used in transactions for trade or commerce ;
   • (o) the limits of error which may be tolerated in selling articles by weights or measures generally or as regards any trade or class of trades ;
   • (p) the form and manner in which appeals may be preferred against decisions of Inspectors and the procedure for hearing appeals ;
   • (q) the fees which may be charged for the grant of licences under section 13 and for verification, re-verification, adjustment and stamping of weights and measures and weighing and measuring instruments and the collection and levy of the same ;
   • (r) the material, form and specification and manufacture and sale of commercial weights and measures and weighing and measuring instruments ; and any other mattea which has to be, or may be, prescribed.
3. (3) In making any rule under this section the Government may provide that a breach thereof shall be punishable with fine which may extend to five hundred rupees.
4. (4) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette.
5. (5) Every rule made under this Act, shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule