Vidhi Codex

section 46

Power to make rules

The Bombay Weights and Measures (Enforcement) Act, 1958
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Statutory text
  1. (1) The State 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 :--
    • (i) the materials of which and the designs and specifications according to which, the working standards shall be made, the agency by which they shall be prepared, the person by whom, or the authority by which, and the manner in which, they shall be stamped and authenticated under sub-section
  3. (2) of section 3 ;
    • (ii) the places at which, the custody and manner in which, the working standards shall be kept under sub-section
  4. (3) of section 3 ;
    • (iii) the persons by whom, the places and intervals at which and the manner in which, the working standards shall be marked under sub-section
  5. (4) of section 3 ;
    • (iv) the manner in which working standards which have become defective shall be verified under sub-section
  6. (6) of section 3 ;
    • (v) the material of which, and the designs and specifications according to which the secondary standards shall be made under sub-section
  7. (2) of section 4 ;
    • (vi) the places at which, the custody and manner in which, the secondary standards shall be kept under sub-section
  8. (3) of section 4 ;
    • (vii) the manner in which secondary standards shall be marked with the date of verification under sub-section
  9. (4) of section 4 ;
    • (viii) the number and kind of weighing and measuring instruments, and the manner in which they shall be verified and stamped under sub-section
  10. (2) of section 6 ;
    • (ix) the materials of which, and the designs and specifications according to which, commercial weights and measures and weighing and measuring instruments shall be made, and the sale of such weights, measures and instruments ;
    • (x) the manner in which the denomination of commercial weights and measures shall be marked under section 9 ;
    • (xi) the manner in which commercial weights or measures or weighing or measuring instruments shall be verified, reverified and stamped under section 10 ;
    • (xii) the form and manner in which, and the conditions subject to which, licences may be granted to persons for manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments, under section 13 ;
    • (xiii) the qualifications of the Controller, Deputy Controller, Assistant Controllers and Inspectors under sub-section
  11. (1) of section 15 ; and of the officer of the Zilla Parishad to be appointed under sub-section
  12. (3) of section 16 ;
    • (xiv) the manner in which weights or measures or weighing or measuring instruments shall be stamped by Inspectors under sub-section
  13. (2) of section 16 ;
    • (xv) the records and accounts to be maintained under sub-section
  14. (1) of section 19, by manufacturers, repairers and dealers of weights, measures, weighing instruments and measuring instruments, and by persons using them, and the manner in which such records and accounts shall be produced for inspection ;
    • (xvi) the form and manner in which appeals may be preferred under section 20 ;
    • (xvii) the fees to be charged for the grant of licences and for verification, marking, stamping and adjustment of commercial weights and measures and weighing and measuring instruments under section 21 ; (xviii) the limit of error in sales of articles by weight or measure under section 32 ;
    • (xix) the seizure, detention and disposal of weights and measures and weighing and measuring instruments which are not authorised by this Act ;
    • (xx) the limit of error to be tolerated in secondary and working standards, in commercial weights and measures, in weighing and measuring instruments and in sales of articles, generally, or as regards any trade or class of trades, under section 43 ;
    • (xxi) any other matter which is to be, or may be, prescribed.
  15. (3) In making any rule under this section, the State Government may provide that a breach thereof shall be punished with fine which may extend to five hundred rupees.
  16. (4) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette.
  17. (5) All rules made under this section shall be laid, before each House of the Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following,

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