Chapter III Chapter III

Verification and stamping of weights and measures

Marking of denominations on commercial weights and measures.-Every weight or measure manufactured for use as a commercial weight or measure shall be made of such material and according to such designs and specifications as may be prescribed and shall bear the description of the weight or measure it purports to be, marked legibly on it in such manner as may be prescribed.

Prohibition of sale of unstamped commercial weights and measures.-No commercial weight 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 the stamp of verification.

Prohibition of use of unstamped commercial weights or measures.--No weight or measure or weighing or measuring instrument shall be used in any transaction for trade, business 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.

Power of Government to exempt.--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 provisions of section 10 or section 11, the Government may, by notification, exempt such weight or measure.

Prohibition of manufacture, etc., of weights and measures, without licence.—No person shall, in the course of trade, business or commerce manufacture, repair or sell any commercial weight or measure or any weighing or measuring instrument, unless he has obtained in the prescribed manner a licence in this behalf from the Government or any officer authorised by them.

Marking of weights or measures in sealed containers.—No person shall sell, offer for sale, expose for sale, or have in his possession 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:

1. (i) any sealed package or container—

1. (a) of net weight of less than one hundred and twenty grammes, if the sealed package or container contains biscuits, confectionery or sweets ; and
2. (b) of net weight of less than sixty grammes, if the sealed package or container contains any other foodstuffs ; other articles sold, offered for sale, exposed for sale, or in possession for sale which is not ordinarily sold in transaction for trade or commerce by weight or measure:] Provided that the State Government may, if it is satisfied that the size of any class of such package or container renders it impracticable to comply with the provisions of this section by notification in the Official Gazette, exempt such class from the operation of this section.

Appointment of Controller, Assistant Controllers and Inspectors.-(1) The Government may appoint a Controller of Weights and Measures for the State of Madras and as many 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.

1. (2) The Government may, by general or special order, define the local limits within which each Assistant Controller or Inspector shall exercise the powers and discharge the duties conferred or imposed on Assistant Controllers of Weights and Measures or on Inspectors by or under this Act.
2. (3) Subject to the provisions of this Act, all Assistant Controllers of Weights and Measures and Inspectors shall perform their functions under the general superintendence and control of the Controller of Weights and Measures; and the Controller of Weights and Measures and the Assistant Controllers of Weights and Measures may, in addition to the powers and duties conferred or imposed on them by or under this Act, exercise any power or discharge any duty so conferred or imposed on Inspectors.

Verification and stamping by Inspectors.-(1) Every Inspector shall, for the purpose of verification of weights and measures and weighing and measuring instruments, attend at such place within his jurisdiction and at such time as may be appointed in this behalf by the Controller.

1. (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 weight or measure or weighing or measuring instrument to be 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.

Power to inspect, etc.-(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, business or commerce or are in the possession of any person or are on any premises for such use and may verify every such weight or measure or weighing or measuring instrument with a secondary or working standard or weighing or measuring instrument prescribed for the purpose.

1. (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.
2. (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, measures, weighing and measur- ing 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 requisition.
3. (4) An inspector may seize and detain any weight or measure or weighing 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 com- mission of such an offence, and may also seize and detain any articles sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any documents or records relating thereto.
4. (5) Where an Inspector has reason 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 open the sealed package or container and verify its contents; and if, on such verification,-
   • (a) the net weight or measure of the article is found to be correct, the Inspector shall reseal the package or container where it is possible so to do without injury to the contents thereof and attach a certificate thereto stating the correct weight or measure of the article, or
   • (b) the net weight or measure of the article is found to be incorrect, the Inspector may seize and detain the package or container and the article contained therein.
5. (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 transactions for trade, business or commerce and inspect such weights and measures and weighing and measuring instruments.

Power of Inspector to adjust weights or measures.- Where it appears to the Government that it is desirable that an Inspector should be allowed in any area to adjust the weights or measures or weighing or measuring instruments, they may, if they think fit, authorise such Inspector to adjust such weights, measures or such instruments accordingly.

Manufacturers etc., to maintain records and documents.—(1) Every manufacturer, repairer or dealer in weights and measures or weighing or measuring instruments, and every person using them in transactions for trade, business or commerce shall maintain such books, records and accounts as may be prescribed and if required so to do by an Inspector shall produce such books, records and accounts before him.

1. (2) Notwithstanding anything contained in sub-section
2. (1) if the Government are of opinion that having regard to the nature of business carried on by any such manufacturer, repairer or dealer, it is necessary so to do, they may, by order exempt such person or class of persons from the operation of that sub-section.

Appeals.—(1) Any person aggrieved by any decision under this Act may, within sixty days from the date on which such decision is communicated to him, appeal against the decision—

1. (i) where the decision has been made by an Inspector, to the Controller ;
2. (ii) where the decision has been made by the Controller, not being a decision made in appeal under clause (i), to the Government or any officer specially authorised in this behalf by them.

1. (2) The Government or the appellate officer referred to in sub-section
2. (1) may admit an appeal presented after the expiration of the said period of sixty days if they are, or he is, satisfied that the appellant had sufficient cause for not presenting it within the said period.
3. (3) On receipt of an appeal under sub-section (1), the Government or the appellate officer shall, after giving the appellant a reasonable opportunity of being heard and after making such enquiry as they deem or he deems fit, decide the appeal and the decision of the Government or the appellate officer shall be final.

Levy of fees.-The Government may charge such fees as may be prescribed-

1. (a) for the grant of licences under section 13, for the manufacture, repair or sale of commercial weights, measures or weighing or measuring instruments, and
2. (b) for the verification, marking, stamping and adjustment of commercial weights, measures, or weighing or measuring instruments.

Validity of weights and measures duly stamped.-A weight or measure or weighing or measuring instruments, duly stamped by an Inspector under sub-section

1. (2) of section 16 shall, in the area in which that section and this section have come into force, be a legal weight, measure or weighing or measuring instrument in relation to any class of undertakings or to any class of goods in respect of which the said sections have come into force unless it is found to be false or defective and shall not be liable to be restamped by reasons merely of the fact that it is used in any place other than that in which it was originally stamped.