Vidhi Codex

section 57

Repeal of the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985.

The Legal Metrology Act, 2009
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Chapter V OFFENCES AND PENALTIES

Statutory text
  1. (1) The Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), is hereby repealed.
  2. (2) Without prejudice to the provisions contained in the General Clauses Act, 1897 (10 of 1897), with respect to repeals, any notification, rule or order made under the Standards of Weights and Measures Act, 1976 (60 of 1976) and the Standards of Weights and Measures (Enforcement) Act, 1985 (54 of 1985), shall, if in force, at the commencement of this Act, continue to be in force and have effect as if it was made under the corresponding provision of this Act.
  3. (3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, licence, certificate, notice, decision, approval, authorisation or consent made, issued or given under such law shall, if in force at the commencement of this Act, continue to be in force and have effect as if it were made, issued or given under the corresponding provisions of this Act. __________ STATEMENT OF OBJECTS AND REASONS In India, uniform standards of weights and measures based on the metric system, were established in the year 1956, which were revised in the year 1976 with a view to give effect to the international system of units. Apart from it, the Standards of Weights and Measures Act, 1976 provides for establishing Standards of Weights and Measures, regulation of inter-State trade or commerce in weights and measures and other goods which are sold by weight, measure or number. In the year 1985, the Standards of Weights and Measures (Enforcement) Act, 1985 was enacted for enforcement of standards of weights and measures established by or under the 1976 Act. 2. The advancement of technology has necessitated the review of above mentioned enactments to make them simple, eliminate obsolete regulations, ensure accountability and bring transparency. 3. It has become imperative to combine the provisions of the existing two Acts to get rid of anomalies and make the provisions simple. It has also become necessary to keep the regulation pragmatic to the extent required for protecting the interest of consumers and at the same time keep the industry free from undue interference. It has also become necessary to recognise certain “Government approved Test Centres” which will be empowered to verify prescribed weight or measure. 4. The Bill, inter alia, provides for,—
    • (a) regulation of weight or measure used in transaction or for protection;
    • (b) approval of model of weight or measure;
    • (c) verification of prescribed weight or measure by Government approved Test Centre;
    • (d) prescribing qualification of legal metrology officers appointed by the Central Government or State Government;
    • (e) exempting regulation of weight or measure or other goods meant for export;
    • (f) levy of fee for various services;
    • (g) nomination of a Director by a company who will be responsible for complying with the provisions of the enactment;
    • (h) penalty for offences and compounding of offences;
      • (i) appeal against decision of various authorities; and
    • (j) empowering the Central Government to make rules for enforcing the provisions of the enactment. NEW DELHI; The 16th October, 2008. SHARAD PAWAR.

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