The Jammu and Kashmir Weights and Measures Enforcement Act, 1978
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5. Appointment of Controllers, Inspectors and other officers and staff
Appointment of Controllers, Inspectors and Other Officers
Appointment of Controllers, Inspectors and other officers and staff.--
- (1) The Government may, by notification, appoint a Controller of Legal Metrology for the State and as many Additional, Joint, Deputy or Assistant Controllers, Inspectors and other officers and staff as may be necessary for exercising the powers and efficiently discharging the duties conferred or imposed on them by or under this Act.
- (2) Every Additional Controller, Joint, Deputy or Assistant Controller, Inspector and other officer and staff appointed under sub-section (1), shall exercise such powers, and discharge such duties, of the Controller, as the Government may by notification, authorise in this behalf.
- (3) The Controller may, by general or special order, define the local limits within which each Additional Controller or each Inspector shall exercise the powers and discharge the duties conferred or imposed on him by or under this Act.
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6. Power to authorise Inspector to adjust weights or measures
Power to authorise Inspector to adjust weights or measures.--Where the Controller is of opinion that it is necessary so to do, he may by an order authorise an officer, not below the rank of an Inspector, to adjust any weight or measure in any area within the local limits of his jurisdiction.
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7. Controller and officers appointed under this Act to be public servants
Controller and officers appointed under this Act to be public servants.--The Controller and every Additional Controller, Joint, Deputy or Assistant Controller, Inspector and every other person authorised to perform any duty by or under this Act shall be deemed to be a public servant within the meaning of section 21 of the State Ranbir Penal Code, Samvat 1989.
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9. Prohibition of use of weights and measures, other than standard weights and measures
Prohibition of use of weights and measures, other than standard weights and measures.--
- (1) Notwithstanding any other law or any custom, usage or practice, no weight or measure, other than the standard weight or measure, shall be used or kept in any premises where such weight or measure is used for any trade, commerce, production, protection, negotiation or other dealing.
- (2) No weight, measure or number, other than the standard weight or measure or number, shall be used in, or form the basis of, any contract or other agreement in relation to any trade or commerce within the State.
- (3) Any contract or other agreement, which contravenes the provisions of sub-section
- (2) shall be void.
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10. Power to prescribe obligations of manufacturers, etc. in certain cases
Power to prescribe obligations of manufacturers, etc. in certain cases.--
- (1) The State Government may, by rules made in this behalf, direct that in respect of any class of goods or undertakings or users specified therein--
- (a) no transaction, dealing or contract shall be made or had, or
- (b) no industrial production shall be undertaken, or
- (c) no use for any purpose shall be made, of such weight, measure or number as may be specified in the rules.
- (2) Any rule made under sub-section
- (1) shall take effect in such area, from such future date and subject to such condition, if any, as may be specified therein.
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11. Prohibition of quotations, etc. otherwise than in terms of standard units of weight, measure or numeration
Prohibition of quotations, etc. otherwise than in terms of standard units of weight, measure or numeration.--Notwithstanding anything contained in the Central Act, no person shall, in relation to any goods which are sold, transferred, distributed or delivered, or any service rendered, within the State--
- (a) quote, or make any announcement of, whether by word of mouth or otherwise, any price or charge, or
- (b) issue or exhibit any price list, invoice, cash memo or other document, or
- (c) prepare or publish any advertisement, or
- (d) indicate the contents of any package either on itself or on any label, carton or other thing, or
- (e) state the contents on any signboard, or
- (f) carry on any transaction, or
- (g) perform any contract, otherwise than in accordance with the standard units of weight, measure or numeration.
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