The Nagaland Weights & Measures (Enforcement) Act, 1968

(1) This Act may be called the Nagaland Weights and Measures (Enforcement) Act, 1968. (2) It extends to the whole of State of Nagaland. (3) It shall come into force on such date as the State Government may, by Notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act or for different areas or for different classes of under taking or different classes of goods.

In this Act, unless the context otherwise requires, (a) “Commercial weight or measure” means a weight or measure purporting to be a standard weight or measure used in any transaction for trade or commerce; (b) “Controller” means the Controller of Weights and Measures appointed under section 16; (c) “Inspector” means an Inspector of Weights and Measures appointed under section 16; (d) “Measuring instrument” means any measuring instrument other than a weighing instrument and includes any instrument used for determining the length, area, volume, capacity, quality, temperature or density of any articles. (e) “Mint” means the mint of the Central Government either in Bombay or in Calcutta; (f) “Prescribed” means prescribed by rules made under this Act; (g) “Standard weight or measure” means any unit of mass or measure referred to in sub-section (1) of section 13 of the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956) and includes any other weight or measure permitted to be used by the Central Government in pursuance of sub-section (1) of section 14 of the said Act; (h) “Reference standards” means the sets of standard weights and measures supplied to the State Government by the Central Government in pursuance of sub-section (2) of section 15 of the Standards of Weights and Measures Act, 1956; (i) “Sealed package or container” means a closed packet, bottle, basket, tin, barrel, case, receptacle, bag, sack, wrapper or other thing in which any article is placed or packed in which is intended to be sold with its contents, without any weightment or measurement of such contents at the time of sale; (j) “Stamping” means marking in such manner as to be, so far practicable, indeliable and includes castings, engraving, etching and branding; (k) “use in transaction for trade or commerce” means use for the purpose of determining or declaring the quantity of anything in terms of measurement of length, area volume, capacity or weight in or in connection with: - (i) any contract, whether by way of sale, purchase, exchange of otherwise; or (ii) any assessment or royalty, toll, duty or other dues; or (iii) the assessment of any work done or services rendered, otherwise than in relation to research or scientific studies or in individual house-hold purposes.

(1) For the purpose of verifying the correctness of commercial weights and weighing and measuring instruments used in transactions for trade or commerce, the State Government may cause to be prepared many as sets of authenticated standard weights and measures as it may deem necessary to be called the working standards. (2) The working standards shall be made of such material and according to such designs and specifications and shall be prepared by such agency and shall be stamped and authenticated by such persons or authority and in such manner as may be prescribed. (3) The working standards shall be kept at such places in such custody and in such manner as may be prescribed. (4) A working standard shall be verified with the secondary standard and marked by such persons, at such places, at such intervals and in such manner as may be prescribed. (5) A working standard which is not so verified and marked within the prescribed period shall not be deemed legal or be used for the purposes of this Act. (6) A working standard which has become defective shall not be deemed legal or be used for the purposes of this Act, until it has been verified and marked in the prescribed manner.

(1) For the purpose of verifying the correctness of the working standards the State Government may cause to be prepared at the Mint as many sets of authenticated standard weights and measures as it may deem necessary to be called the secondary standards. (2) The secondary standards shall be made of such material and according to such designs and specifications as may be prescribed and shall be stamped and authenticated by such person or authority as State Government may direct. (3) The secondary standards shall be kept at such places, in such custody and in such manner as may be prescribed. (4) A secondary standard shall be verified with the reference standard at least once in every period of five years and shall be marked with the date of verification in the prescribed manner by such person or authority as the State Government may direct. (5) A secondary standard which is not so verified and marked within the aforesaid period shall not be deemed legal and shall not be used for the purposes of this Act.

The reference standards shall be kept at such places, in such custody and in such manner as the State Government may direct.

(1) For the purpose of verifying the correctness of commercial weights and measures and of weighing and measuring instruments used in transaction for trade or commerce, the State Government may cause to be prepared as many sets of weight and measuring instruments as it may deem necessary. (2) Such instruments shall be of such kind, kept in such manner shall be verified and stamped in such manner as may be prescribed. (3) Such instruments shall be kept at all places where secondary standards or working standards are kept.

(1) Notwithstanding anything contained in any other law or any custom, usage or practice, no unit of mass or measure other than the standards weights or measures shall be used in any contravention for trade or commerce in any area or class of goods or undertakings in respect of which this Act has come into force or to be kept in any premises where such transactions are usually conducted. (2) Any custom, usage, practice or method of whatever nature which permits in any trade, a trader, seller or buyer to demand, received or cause to be demanded or received any quantity of article in excess of or less than the quantity fixed by the weights or measures by which the contract or dealing in respect of the said article has been made, shall be void. (3) Any transaction, dealing or contract made, or had after the expiry of three months from the commencement of this Act shall, in so far as it contravenes the provisions of sub- section (1) be void.

(1) Notwithstanding anything contained in this Act, the State Government may by notification in the Official Gazette, direct that in any specified trade or class of trades no transactions, dealing or contract shall be made or had except by weight only or except by measure only. (2) Notification issued under this section shall take effect in such area, with effect from such date, and subject to such conditions, if any, as may be specified therein.

Every Weight or Measure manufacture for use as commercial weight or measure shall bear the description of the weight or measure which it purports to be marked legibly on it in such manner as may be prescribed.

No commercial weights or measure or weighing or measuring instrument shall be sold or delivered unless it has been verified or re-verified in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with stamp of verification.

No weights or measures of weighing or measuring instruments shall be used in transactions in trade or commerce unless it has been verified or re-verified in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with a stamp of verification.

Where the size of a commercial weight or measure renders it impracticable to have any denomination marked on it under the provisions of section 9 or to be stamped under the provision of section 10 or section 11, the State Government may, by notification in the Official Gazette, exempt such weight or measure from being so stamped.

No person shall, in course of trade, manufacture, repair or sell any weight or measure or any weighing or measuring instrument, unless he had obtained in the prescribed manner a license in this behalf from the State Government or any officer authorized by such Government.

No person shall sell, offer for sale, expose for sale, any article contained in a sealed package or container unless such package or container bears thereon or on a label securely attached thereto a description of the net weight or measure of the article contained therein: Provided that the provisions of this section shall not apply to (i) any sealed package or container -

No person shall, in any transaction for trade or commerce, quote the price, or express the quantity, of any article otherwise the in terms of the standard weight or measure.

(1) The State Government may appoint a Controller of Weights and Measures for the State and as many Deputy and Assistant Controllers and Inspectors of Weights and Measures as may be necessary for exercising the powers and discharging the duties conferred or imposed on them by or under this Act. (2) The State Government may, by general or special order define the local limits within which such Inspector shall exercise the powers and discharge the duties conferred or imposed on Inspectors by or under this Act. (3) Subject to the provisions of this Act, all Deputy and Assistant Controllers of Weights and Measures and Inspectors shall perform their functions under the general superintendence and control of the Controller and the Controller and the Assistant Controllers of Weights and Measures may, in addition to the power and duties conferred or imposed on them by or under this Act exercise any power or discharge any duties so conferred or imposed as Inspectors.

(1) Every Inspector shall for the purpose of verification of weights and measuring instruments, attend at such place and time within his jurisdiction as may be appointed in this behalf by the Controller. (2) The Inspector shall verify every weight or measure or weighing or measuring instrument which is brought to him for the purpose of verification and if he finds such weigh or measures or measuring or weighing instrument correct and in conformity with the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956), and the rules made thereunder he shall stamp the same with a stamp of verification in the prescribed manner.

(1) An Inspector may within the area under his jurisdiction inspect at all reasonable times the weights, measures and weighing and measuring instruments which are used in transactions for trade or commerce or are in the possession of any persons or are on any premises for such use and may be verify every such weight or measure or measuring instrument with a Working Standard or weighing or measuring instrument prescribed for the purpose. (2) For the purpose of verifying the correctness of any weight or measure used in any transaction, an Inspector may also verify the weight or measure of any article sold or delivered in the course of the transaction. (3) An Inspector may, at all reasonable times, require any trader or any employee or agent of a trader to produce before him for inspection all weights, measure, weighing and measuring instruments, which are used by him or are in his possession or are kept on any premises used for trade and all documents and records relating thereto and such trader, employee or agent shall comply with such requirements. (4) An Inspector may seize and detain any weight or measure or measuring instrument regarding which an offence under this Act appears to have been committed or which appears to have been or which might be used in the commission of such an offence, and may also seize and detain any articles sold and delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any documents of records relating thereto. (5) Where an Inspector has reasons to believe that a sealed package or container does not actually contain the net weight or measure of the article which it purports to contain, the Inspector may break upon the sealed package or container and verify its contents; if, on such verification, the net weight or measure of the article is found to be correct, the Inspector shall tender the fair price thereof and may require a written acknowledgement therefore. If, on the other hand, the net weight or measure of the article is found on such verification to be incorrect, the inspector may seize the package or container and the article contained therein, after tendering the fair price thereof where the seizure is made from any person other than the manufacturer and may file a complaint against the manufacturer for contravention of the provisions of section 14. (6) For the purpose of such inspection, an Inspector may at all reasonable times, enter into any place where weights, measures or weighing or measuring instruments are used or kept for use in transaction for trade or commerce and inspect such weights and measures and weighing and measuring instruments. Explanation. – Where any premises are partly used for trade and partly for dwelling purposes, the whole of such premises shall, for the purpose of this sub-section be treated as a place where weights or measures or weighing or measuring instruments are used or are kept for use in transaction for trade or commerce.

Where it appears to the State Government desirable that an Inspector should be allowed in any area to adjust the weights or measures or weighing or measuring instruments it may, if it thinks fit, authorize such Inspector to adjusts weights and measures or such instruments accordingly.

(1) Every manufacturer, repairer or dealer in weights and measures or weighing or measuring instruments and every person using them in transactions for trade or commerce shall maintain such records and accounts as may be prescribed and if required so to do by an Inspector, shall produce such records and accounts before him. (2) Notwithstanding anything contained in sub-section (1) of the State Government is of opinion that having regard to the nature of business carried on by such manufacturer, repairer or dealer, it is necessary so to do, it may, by order exempt such person or class of persons from the operation of that sub-section.

(1) Subject to the provisions of sub-section (2), an appeal shall lie – (a) from every decision of an Inspector under this Act, to the Controller; and (b) form every decision of the Controller under this Act not being a decision made in Appeal under clause (a), to the State Government or any officer specially authorized in this behalf by the State Government. (2) Every such appeal shall be preferred within sixty days from the date of the decision. (3) On receipt of any such appeal, the appellate authority shall after giving the appellate a reasonable opportunity of being heard and after making such enquiry as it deems proper decide the appeal and decision of the appellate authority shall be final.

The State Government may charge such fees: for the grant of licences under section 13, for manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments, and for the verification, making, stamping and adjustment of commercial weights and measures and weighing and measuring instruments, as may be prescribed.

A weight or measure or weighing or measuring instrument duly stamped by an Inspector under this Act, shall be a legal weight or measure or weighing or measuring instrument in all places in which this Act has come into force unless it is found to be false or defective and shall not be liable to be re-tamped by reason merely of the fact that it is used in any place other than that in which it was originally stamped.

Whoever after expiry of three months from the commencement of this section, sells or causes to be sold or delivers or causes to be delivered in the course of any transaction for trade or commerce any article by any denomination of weight or measure other than one of the standard weights or measures or whoever after the commencement of this Act, keeps any unit of mass or measure other than the standard weights and measures in any premises where such transactions are usually conducted shall be punishable, for a first offence, with fine which may extend to Rs. 2,000, and for a second or subsequent offence, with imprisonment for a period which may extend to three months, or with fine, or with both.

Whoever sells or delivers any commercial weight or measure or any weighing and measuring

Whoever uses any transaction for trade or commerce or has in his possession for use, any commercial weight or measure or any weighing or measuring instrument which has not been verified or re-verified or stamped in accordance with the provisions of this Act and the rules made thereunder shall be punishable for a first offence, with fine which may extend to two thousand rupees, and for a second or subsequent offence, with imprisonment for a period which may extend to three months or with fine, or with both. Explanation. -1. When any such weight or measure or weighing or measuring instruments is found in the possession of any trader or any employee or agent of such trader, such trade employee or agent shall be presumed, until the contrary is proved, to have had it in his possession for use in transactions for trade or commerce. Explanation.- 2. Where any weight or measure or weighing or measuring instrument is used or possessed in contravention of this section by any employee or agent or a trader on behalf of such a trader, such trader shall, unless he proves that the offence under this section was committed by his employee or agent without his knowledge or consent, be also deemed to be guilty of the offence.

If any person manufactures, repairs, or sells any commercial weight or measure or weighing or measuring instrument, without obtaining a licence as required by section 13, shall be punishable with imprisonment for a period which may extend to three months, or with fine, or with both.

Whoever contravenes any of the provisions of notification issued under section 8 shall be punishable with fine which may extend to two thousand rupees.

Whoever contravenes the provisions of section 14 shall be punishable with fine which may extend to two thousand rupees.

Whoever contravenes the provisions of section 15 shall be punishable with fine which may extend to two thousand rupees.

Whoever is in possession of any commercial weight or measure or weighing and measuring instrument which he knows to be false, intending that the same may be fraudulently used, shall be punishable with imprisonment for a period, which may extend to one year, or with fine or with both.

Whoever makes, sells or disposes of or causes to be made, sold or disposed of any standard weight or measure or weighing or measuring instrument which he knows to be false in order that the same may be used as true, or knowing that the same is likely to be used as true, shall punishable with imprisonment for a period which may extend to one year, or with fine or with both.

Whoever – (i) in selling any article by weight or measure delivers or causes to be delivered to the purchaser any quantity of that article less than, or (ii) in buying any article by weight or measure demands or receives or causes to be demanded or received from the vendor any quantity of that article in excess of the quantity fixed by the weight or measure by which the contract or dealing in respect of that article has been made, shall be punishable with fine which may extend to five hundred rupees.

(1) Whoever forges or counterfeits any stamp used under this Act for the stamping of any standard weight or measure or weighing or measuring instrument or possesses any such counterfeit stamp, or removes a stamp from standard weight or measure or weighing or measuring instrument and inserts the same into another weight or measure or weighing or measuring instrument or willfully increases or diminishes a weight or measure so stamped, shall be punishable with imprisonment for a period which may extend to one year, or with fine, or with both. (2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight or measure or weighing or measuring instrument with such forged or counterfeit stamp thereon, or a weight or a measure so increased or diminished shall be punishable with imprisonment for a period which may extend to six months or with fine, or with both.

Whoever – refuses or neglects to produce for inspection under section 18, any weight or measure or weighing or measuring instrument or any document or record relating thereto in his possession or on his premises, or refuses to permit an Inspector to inspect and verify and such weight, measure, instrument, document or record, or obstructs the entry of an Inspector under section 18, or otherwise obstructs or hinders as Inspector in the performance of his duties under this Act, shall be punishable with fine which may extend to two thousand rupees.

If an Inspector knowingly stamps a weight or measure or weighing or measuring instrument in contravention or the provisions of this Act or of the rules made thereunder, he shall be punishable with imprisonment for a period which may extend to one year, or with fine or with both.

No suit, prosecution or other legal proceeding shall lie against the Controller, Deputy Controller or Assistant Controller of Weights and Measures or any Inspector or any other person appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or rules made thereunder.

The Controller, every Deputy and Assistant Controller and Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).

(1) No court shall take cognizance of an offence punishable under this Act except upon complaint in writing made by the Controller or any officer authorized in this behalf by the Controller by general or special order. (2) No court inferior to that of a presidency magistrate or a magistrate of first class shall try any offence punishable under this Act.

(1) Any offence punishable under section 24. section 25, section 26, section 28, section 29, section 33, or section 35 other than a second or a subsequent offence under section 24 or section 26 may either before or after the institution of the prosecution, be compounded by the State Government on payment of such sum as the State Government thinks fit. (2) On payment by the offender of such sum, the offender, if in custody, shall be set at liberty and if any proceedings in any criminal court have been instituted against the offender in respect of the offence the composition shall be deemed to amount to an acquittal and no further criminal proceedings shall be taken against him in respect of such offence.

A weight or measure or weighing or measuring instrument duly stamped under the provisions of this Act and the rules made thereunder shall be presumed to be correct until its inaccuracy is proved, if this is produced in any court by an Inspector having charged thereof or by any person acting under the general or special authority of the Controller.

(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to the company, for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punishable accordingly: Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1), where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer of the Company shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation: - For the purposes of this section – (a) “Company” means any body corporate and includes a firm or other association of individuals; and (b) “director” in relation to a firm, means a partner in the firm.

The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, as may be specified in the direction be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification.

Subject to any rules that may be made under the Standard of Weights and Measures Act, 1956 (Central Act 89 of 1956) in this behalf, the State Government may prescribe the limits of error which may be tolerated – (a) in secondary standards referred to in section 4; (b) in working standards referred to in section 3; (c) in commercial weights and measures or in selling articles, by weigh or measure generally or as regards any trade or class or trades; and (d) weighing and measuring instruments.

(1) The State Government may, by notification in the Official Gazette make rules to carry out the purpose of this Act. (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 making 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 the commercial weights and measures may be marked by manufacturers; (g) the form and manner in which, and the conditions subject to which licenses may be granted to persons for manufacture, repair or sale of commercial 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 re-verified; (j) inspection of weights and measures and weighing and measuring instruments used in transaction for trade or commerce; (k) the seizure, detention and disposal of weights and measures which are not authorized by this Act; (l) the books, accounts and records relating to weights and measures and weighing and measuring instrument to 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 and measures generally or as regards any trade or class of trades; (p) the form and manner in which appeals may be preferred agisnt decisions of Inspectors and procedure for hearing appeals; (q) the fees which may be charged for the grant of licenses 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 materials, form and specification and manufacture and sale of commercial weights and measures and weighing and measuring instruments; (3) In making any rule under this section the State Government may provide that a breach thereof shall be punishable with fine which may extend to five hundred rupees. (4) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette. (5) Every rule made under this section shall be laid, as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the sessions immediately following the Nagaland Legislative Assembly agree in making any modification in the rule or the Nagaland Legislative Assembly agree 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.

Nothing in this Act shall apply to weights or measures or weighing and measuring instruments used by or in any unit or establishment of the Armed Forces of the Union.