section 45
Power to make rules
The Nagaland Weights & Measures (Enforcement) Act, 1968(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.
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