Chapter I Chapter I

Preliminary

Short title, extent and commencement.

1. (1) This Act may be called the Jammu and Kashmir Weights and Measures (Enforcement) Act, 1978.
2. (2) It extends to the whole of the State of Jammu and Kashmir.
3. (3) It shall come into force on such date as the Government may, by notification in the Government Gazette, appoint and different dates may be appointed for different--
   • (a) provisions of this Act,
   • (b) areas,
   • (c) classes of undertakings,
   • (d) classes of goods,
   • (e) classes of weights and measures,
   • (f) classes of users of weights and measures; and any reference in any such provision to the commencement of this Act shall be construed as a reference to the coming into force of that provision in such areas, or in respect of such class of undertakings, goods, weights and measures, or users of weights and measures, as the case may be, in relation to which it has been brought into force.

Act not to apply to inter-State trade or commerce.--This Act shall not apply to any inter-State trade or commerce in any weight or measure or in any other goods which are sold, distributed or delivered by weight, measure or number.

Definitions.--In this Act, unless the context otherwise requires--

1. (a) "Additional Controller" includes a Joint Controller, Deputy Controller and an assistant controller appointed under section 5;
2. (b) "authorised seal or stamp" means a seal or stamp made in accordance with the provisions of this Act or the Central Act;
3. (c) "Central Act" means the Standards of Weights and Measures Act, 1976 (Act 60 of 1976);
4. (d) "Controller" means the Controller of Legal Metrology appointed by the Government under section 5;
5. (e) "counterfeit" in relation to any seal or stamp, means a seal or stamp which is so made as to resemble an authorised seal or stamp, as the case may be, with the intention of causing, or knowing it to be likely that it will cause, deception; Explanation 1.--It is not essential that the resemblance to the authorised seal or stamp should be exact. Explanation 2.--When a person causes a seal or stamp to resemble an authorised seal or stamp and the effect of such resemblance is such that a person relies on such seal or stamp, it shall be presumed, unless the contrary is proved, that the seal or stamp was made with the intention that deception would thereby be practised;
6. (f) "heap" means any unit of a commodity intended to be made without any container, and the sale is made by number, where the sale is made by number;
7. (g) "Inspector" means a person who is appointed as an Inspector under section 5, by whatever name called;
8. (h) "notification" means a notification published in the Government Gazette;
   • (i) "prescribed" means prescribed by rules made under the Central Act or under this Act;
9. (j) "protection" means the utilisation of reading or information obtained from a weight or measure for determining a charge or as a basis for payment;
10. (k) "standard weight or measure" means a weight, measure or number which conforms to the standards established by or under the Central Act;
11. (l) "State Government" means the Government of Jammu and Kashmir;
12. (m) words and expressions used in this Act and not defined but defined in the Central Act shall have the meanings respectively assigned to them in that Act.

Act to override other laws.--The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained in any enactment other than this Act or in any instrument having effect by virtue of any enactment other than this Act or in any Central Act.