Vidhi Codex

section 41

Power of Government to make rules

The Bombay Weights and Measures Act, 1932
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Statutory text
  1. (1) Government may make rules for carrying into effect the purposes of this Act.
  2. (2) Without prejudice to the generality of the foregoing provision, such rules may prescribe—
    • (a) the composition, weight, length, form and specifications of secondary standards and the manner in which they shall be made ;
    • (c) the procedure for the verification, re-verification, adjustment or renewal of primary and secondary standards and marking of secondary standards ;
    • (d) the composition, weight, length, form and specifications and use of working standards, the authority by whom and the manner in which such standards shall be provided, the agency by whom such standards shall be made, the person by whom and the manner in which such standards shall be stamped, and the places at which and the custody and manner in which such standards shall be kept ;
    • (e) the procedure for the verification or re-verification and marking of working standards and the person by whom and the place where they shall be verified or re-verified ;
    • (f) the number of weighing and measuring instruments to be kept and necessary particulars regarding the same ;
    • (g) the authority by whom certified scales shall be provided for the purposes of this Act and the rules and the manner in which they shall be verified or re-verified ;
    • (h) the composition, weight, length, form, specifications and manufacture of weights and measures in use in any area ;
      • (i) the inspection, verification, re-verification, adjustment and stamping of weights and measures and weighing or measuring instruments in use in any area, including the prohibition of stamping in cases where the nature, denomination, material or mode of construction of the weight or measure or weighing or measuring instrument appears likely to facilitate the commission of fraud and the period within which such weights and measures and weighing or measuring instruments shall be verified or re-verified ;
      • (ii) the books, accounts and records relating to weights or measures or weighing or measuring instruments to be maintained and the manner in which they shall be maintained or produced ;
    • (j) the circumstances and conditions under which and the manner in which stamps may be obliterated or defaced ;
    • (k) the tests to be applied for the purpose of ascertaining the accuracy and efficiency of weights and measures and weighing or measuring instruments ;
    • (l) the limits of error to be allowed on verification and to be tolerated on inspection either generally or as regards any trade ;
    • (m) the amount of error to be tolerated in weights and measures and weighing or measuring instruments used or intended to be used for trade ;
    • (mm) the amount of error to be tolerated in selling articles by weight or measure generally or as regards any trade or class of trades ;
    • (mmm) the method of using weight or measure or weighing or measuring instrument generally or for a specified class of trade ;
    • (n) the fees to be charged for the verification, re-verification, adjustment and stamping of weights and measures and weighing or measuring instruments and the collection and levy of the same ;
    • (o) the seizure, detention and destruction of weights and measures and weighing or measuring instruments which are not authorized by this Act ;
    • (q) the qualifications, functions and duties generally of inspectors under this Act and the rules ;
    • (r) any other matters for which no provision or insufficient provision is made in this Act and for which provision is, in the opinion of Government, necessary.
  3. (3) The powers to make rules under this section shall be subject to the condition of previous publication in the Official Gazette. Any rules made by the State Government under this section shall be laid before each House of the State Legislature for not less than one month previous to the next session thereof and shall be liable to be rescinded or modified by a resolution in which both Houses concur. If any rule is modified, the State Government may accept the modification and republish the rule accordingly, or may rescind the rule.
  4. (4) The rules may provide that any person committing a breach of the same shall, on conviction, be punishable with fine which may extend to rupees one hundred. 42. [Deleted] [Power of municipality and district local board to make regulations.] Deleted by Bom. 15 of 1955, s. 26.

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