Legal Metrology Act 2009

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MOF PIFIC ATION 

New Delhi, tie 3 lat danuary, 20) 

8.0. 270(E}.—In exercise af the powers conferred! 

by sub-section (3) of Section | of the Legal Metroloe, 
Ast, S000 (foot ZOU ine Central Gervernnicnt bore 

reseands the novhicanon of che Ciovernmen af lilia in tie 

Mintgtry af Consumer Affairs, Food and Public Uistitbulivns, 

Department of Consumer Airs, namber 5.0. 116), dared 

the 3 lst December, 2010, published in the Cravette of India, 

Part f, Section 3, sub-section (11), dated the [st January. 
2011, hereby appoints the Ist day of April, 2011, the date 
on which ihe said Act. shall come inte force. 

[FON WT P20 1 OPA, | 

RARESH KRACKER, Adal See, 

Prinkes by dhe Mime, Govemment of India Pres, Ring Road, ‘Moyepun, Mew Delhi- i ini 
and Published by the Controller af Publicaiions, Cathi- 11 00o4,



dae ee 2 Te — (TO eT 2003—08 REGISTERED NO. DL—(Nj04/0007/2003—09 

Rd a 
The Gazette e of Frdia 

ceca eoREAa 

wT Il— We 1 

PART Il — Section 1 

sifivenrt Bt anion 

PUBLISHED BY AUTHORITY 

F 1 ae feret, seeriran, saat 14, 2010 /24 Thy, 1931 
No. 1] NEW DELHI, THURSDAY, JANUARY 14, 2010/24 Pausa, 1931 

Sune 

  

  

  

  

  

  

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_ Separate paging is given to this Part in order that it may be filed as 2 separate compilation, 
    

    

"MINISTRY OF LAW AND JUSTICE 

(Legislative Department) 

New Delhi, the l4rh January, 2010/Pausa 24, 1931 (Saxe) 

The following Act of Parliament received the assent of the President on the 

13th January, 2010, and is hereby published for general information:— 

THE LEGAL METROLOGY ACT, 2009 

(No. 1 of 2010) 

(13e tomer, 2010] 

AnAct to establish and enforce standards of weights and measures, regulate trade 

and commerce in weights, measures and other goods which are sold or 
distributed by weight, measure or number and for matters connected therewith 
or incidental thereto. 

Be it enacted by Parliament in the Sixticth Year of the Republic of India as follows:-— 

CHAPTER | 
PRELIMINARY 

1. (7) This Act may be called the Legal Metrology Act, 2009. Shon title, ex- 

(2) Tt extends to the whole of India. pai ci 
(3) It shall come into force on such date as the Central Government may, by notification 

in the Official Gazette, appomt and different dates may be appointed for different provisions 
of this Act, : 

2. Jit this Act, unless the context otherwise requires, — Definitions 

(a) “Controller” means the Controller of Legul Metrology appointed under 

section 14; 

(6) “dealer”, in relation to any weight or measure, means @ person who, carries 

on, directly or otherwise, the business of buying, selling, supplying or distributing



THE GAZETTE OF INDIA EXTRAORDINARY [Past Il 
  

any such weight or measure, whether for cash or for deferred payment or for commission, 
remuneration or other valuable consideration, and includes a Commission agent, an 
importer, a manufaciurer, who sells, supplics, distributes or otherwise delivers any 

weight or measure manufactured by him to any person other than a dealer; 

(c) “Director” means the Director of Legal Metrology appointed under 
section 13: 

(@) “export! with: it.2rammatical variations and cognate expressions, means 
taking out of India to-a:place-outside India; 

(2) “import” with its: grammatital variations and cognate expressions, means 

bringing into India from a place outside India; 

(“label" means any written, marked, stamped, printed or graphic mamer affixed 

to, OF appearing upon any pre-packaged commodity, 

(g) “Legal Metrology" mcans that part of metrology which treats units of 

weighment and measurement, methods of weighment and measurement and weighing 

and measuring instruments, in relation«to the mandatory technical and legal 
requirements which have the object of ensuring public guarantee from the point of 
view of security and accuracy of the weighments and measurements; 

(A) “legal metrology officer” means Additional Director, Additional Controller, 
Joint Director, Joint Controtler, Deputy Director, Deputy Controller, Assistant Director, 

Assistant Controller and Inspector appointed under sections 13 and 14, 

(‘) “manufacturer” in relation to any weight or measure, means a person wha — 

(4) manufactures weight or measure, 

(fi) manufactures one or more paris, and acquires other parts, of such 

weight or measure and, after assembling those parts, claims the end product to 

be a weight or measure manufactured by himself or itself, as the case may be, 

(i) does not manufacture any part of such weight or measure but 

assembles parts thereof manufactured by others and claims the end product te 

be a weight or measuré manufactured by himself or itself, as the case may be. 

(/¥] puts, or causes to be pul, his own mark on any complete weight or 

measure made or manufactured by any other person and claims such product to 
be a weight or measure made or manufactured by himself or itself, as the case 
Imay be: , 

; (/) *notification" means a notification published in the Official Gazette: 

(&) “protection” means the utilisation of reading obtained from any weight or 

measure, for the purpose of determining any step which is required to be taken to 

safeguard the well-being of any human being or animal, or to protect any commadity, 
vegetation or thing, whether individually or collectively; 

(0 “pre-packaged commodity” ineans a commodity which without the purchaser 
being present is placed in a package of whatever nature, whether sealed of nol, so that 
the product contained therein has a pre-determined quantity, 

(m) “person” includes, — : 

(7) a Hindu undivided family, 

(i) every department or office, 

(ui) every organisation established or constiluled by Government, 

(iv) every local authority within the territory of India, 

(v) a company, firm and association of individuals, 

(vi) trust constituted under an Act,



Sec. 1] _ THE GAZETTE OF INDLA EXTRAORDINARY 3 
  

(vil) every co-operative society, constituted under an Act, 

(viii) every other society registered under the Socictics Registration 
7L of 1860 Acct, 1840; 

() “oremises™ includes— 

(‘) a place where any business, industry, production or transaction is 
carried on by a person, whether by himself or through an agent, by whatever 
name called, including the person who carries on the business in such premises, 

(i) a warehouse, godown or other place where any weight or measure or 

other goods are stored or exhibited, 

(iif) a place where any books of account or other documents pertaining to 

any trade or transaction are kept, 

(iv) a dwelling house, ifany part thereof is used for the purpose of carrying 

on any business, industry, production or trade, 

(v) a vehicle or vessel or any other mobile device, with the help of which 

any tremsaction or business is carried on; 

(a) “prescribed” means prescribed by rules made under this Act; 

(p) “repairer” means a person who repairs a weight or measure and includes a 

person who adjusts, cleans, lubricates or paints any weight or measure or renders any 

other service to such weight or measure to ensure that such weight or measure conforms 

to the standards established by or under this Act; 
\ 

(q) “State Government”, io relation to a Union territory, means the Administrator 

thereof; 

(r) “sale”, with its grammatical variations and cognate expressions, means transfer 

of property in any weight, measure or other goods by one person to another for cash 

ar for deferred payment or for any other valuable consideration and includes a transfer 

of any weight, measure or other goods on the hire-purchase system or any other 

system of payment by instalments, but does not include a mortgage or hypothecation 

of, or a charge or pledge on, such weight, measure or other coods; 

(5) “seal” means a device or process by which a stamp 1s made, and includes any 

wire or olher accessory which is used for ensuring the integrity of any stamp: 

(f) “stamp” means a mark, made by impressing, casting, engraving, etching, 

branding, affixing pre-stressed paper sea] or any other process in relation to, any 
weight or measure with a view to— 

(4 certifying that such weight or measure conforms to the standard © 
specified by or under this Act, or 

(i!) indicating that any mark which was previously made thereon certifying 

that such weight or measure conforms to the standards specified by or under 
this Act, has been obliterated; 

(i) “transaction” means,— 

( any contract, whether forsale, purchase, exchan ge or any other purpose, 

(i) any assessment of royalty, toll, duty or other dues, or 

(iif) the assessment of any work done, wages due or services rendered:



Provisieds of 
tis Act to 

wreride provi- 
sions Ol sy 
other law 

Linits ay 
weights wid 

ineasures fo be 
based on mmel- 

mig systent 

Base unit ob 

weights and 

MGRAUTES. 

Base uk ef 
Ape aE Lo 

Standard winits 

af weights and 
MYSSLTCS. 

Stundard 
weizht, 
Hgas re We 

Huineral 

- THE GAZETTE OF INDIA EXTRAORDINARY 
a tt a a 

[Part Ll-= 
  

iv) “verification”, with its grammatical variations and cognate expressions, 

includes, in relation to-any weight or measure, the process of comparing, checking, 
testing or adjusting suctr weight or measure with a view to ensuring thal such weight 
or measure conforms to the standards ¢stablished by or under this Act and also 
includes re-verification and calibration: 

(w) “weight or measure” means.a weight or measure specified by or under this 
Act and includes a weighing or measuring instrument. 

3. The provisions of this Act shall have effect notwithstanding anything inconsistent 
therewith contained in any enactment other than this Act or in any instrument having effect 

by virtue of any enactment other, than this Act. 

CHAPTER 

STANDARD WEIGHTS AND MEASURES 

4, Every unit of weight or measure shal! be in accardance with the metric system based 

on the international system of wnits, 

§,(/) The base-unit of — 

(f) length shall be the metre; 

Cif} mass shail be the kilogram; 

(iif) time shall be the second; 

(iv) electric current shall be the ampere; 

(v) thermodynamic temperature shall be the kelvin; 

(vj) luminous intensity shall be the candela; and 

(vif) amount of substance shall be the mole. 

(2?) The specifications of the base uniis mentioned in sub-section (7), derived units 

and other units shall be such as may be prescribed. 

6. (2) The base unit of numeration shall be the unit ofthe international form of Indian 

numerals. 

{2) Every numeration shall be made in accordance with the decimal system. 

(3) The decimal multiples and sub-multiples of the numerals shall be of such 

denominations and be written in such manner as may be prescribed. 

7. (/) The base units of weights and measures specified in section 5 shall be the 
standard unils of weights and measures, 

(2) The base unit of numeration specified in section 6 shall be the standard unit of 
numeration, 

(3) For the purpose of deriving the value of base, derived and other units mentioned in 

section 5, the Central Government shall prepare or cause to be prepared objects or equipments 

in such manner as may be prescribed, 

(4) The physical characteristics, configuration, constructional details, materials, 

equipments, performance, tolerances, period of re-verification, methods or procedures of 
lests shall be such as may be prescribed. 

8. (2) Any weight er measure which conforms to the standard unit of such weight or 

measure and also conforms to such of the provisions of section 7 as are applicable to it shall 

be the standard weight or measure.



ed MO oo 
THE GAZETTE OF INDIA EXTRAORDINARY 2 
  = paeeera 

  

(2) Any numeral which conforms to the provisions of section 6 shal! be the standard 

numeral. 

(3) No weight, measure or numeral, other than the standard weight, measure or numeral, 

shall be used ss a standard weight, measure or numeral. 

if) No weight or measure, shall be manufactured or imported unless it conforms to the 

standards of weight or measure specified under section 8: 

Provided that provisions of this section shall not apply for manufacture done 
exclusively for export or for the purpose of any scientific investigation or research, 

9, (7) The reference standards, secondary standards and working standards of weights 

and measures shall be such as may be prescribed. 

(2} Every reference standard, secondary standard and working standard shall be verified 

and stamped in such manner and after payment of such fee as may be prescribed, 

(7) Every reference standard, secondary standard and working standard which is not 
verified and stamped in accordance with the provisions of sub-section (2) shall not be 

deemed to be a valid standard. 

10. Anv transaction, dealing or contract in respect of any goods, class of goods or 

undertakings shall be made by such weight; measure or number as may be prescribed. 

11. (7} No person shall, in relation to any goods, things or service,— 

(a) quote, or make announcement of, whether by word of mouth or otherwise, 

any price or charge, or 

(+) issue of exhibit any price list, invoice, cash memo or other document, or 

(¢) prepare or publish any advertisement, poster or other document, dr 

(4) indicate the net quantity of a pre-packaged commodity, or 

(2) express in relation to any transaction or protection, any quantity or dimension, 

otherwise than in accordance with the standard unit of weight, measure or numeration. 

(2) The provisions of sub-section (/)}-shall not be applicable for export of any ganda, 

things or service, 

12. Any custom, usage, practice or method of whatever nature which permits a person 

to demand, receive or cause to be demanded or received, any quantity of article, thing or 

service in excess of or less than, the quantity specified by weight, measure or number in the 

contract or other agreement in relation to the said article, thing or service, shall be void. 

CHAPTER IIL 

APBGINTMENT AND PowsRSs OF Dinector, CONTROLLER AND LEGAL METROLOGY OFFICERS 

13. (7) The Central Government may, by notification, appoiat a Director of legal 
metrology, Additional Director, Joint Director, Deputy Director, Assistant Director and other 

employees for exercising the powers and discharging the duties conferred or imposed on 
them by or under this Act in relation to inter-State trade and commerce. 

(2) The qualifications of the Director and legal metrology officers appointed under 
sub-section (/) shall be such as may be prescribed, , 

(3) The Director and every legal metrology officer, appointed under sub-section (7), 
shall exercise such powers and discharge such functions in respect of such local limits as the 
Central Government may, by notification, specify. 

(4) Every legal metrology officer appointed under sub-section (/') shall exercise powers 

and discharge duties under the general superintendence, direction and control of the Director, 

Reteranga, rec 
ondary and 

working Slan- 

dard, 

Use of weight 
ar méasure for 

particular puae- 

peses 

Prohibition. of 

guotation, etc., 

otherwise than 
in terms af 

standard untts 

of werglet, 

mcasure or 

TTT rat as 

Any custom, 

Spee, he. 
COMETaAry oO 

slandard weight, 

meashre oF 
nhomeration ti 

be vend 

7 

Appomiment 

of Director, 
irgal 

metrology 

ofticers and 

other 

enmiploveds,



[
c
h
 THE GAZETTE OF INDIA EXTRAORDINARY [Paxr li— 

  

(5) The Director, the Controller and every legal metrology officer authorised to perforin 

any duty by or under this Act shall be deemed to be a public servant within the meaning of 

section 21 of the Indian Penal Code. Aas Be 

(6) No suit, prosecution or other legal proceeding shall lie against the Director, the 
Controller and legal metrology officer authorised to perform any duty by or under this Act in 
respect of anything which is in good faith done or intended to be done under this Act or any 
rule or order made thercunder, 

(7) The Central Government may, with the consent of the State Government and subject 

to such conditions, limitations and restrictions ag it may specify in this behalf, delegate such 
of the powers of the Director under this Act as it may think fit to the Controller of legal 
metrology in the State, and such Controller may, if he is of opinion that it is necessary or 
expedient in the public interest so to do, delegate such of the powers delegated to him as he 

may think fitte any legal metrology officer and where any such delegation of powers is made 

by such Controller, the person to whom such powers are delegated shall exercise thase 
powers in the same manner and with the same effect as if they had been conferred on him 
directly by this Act and not by way of delegation. 

(3) Where any delegation of powers is made under sub-section (7), the powers so 

delegated shall be exercised under the general superintendence, direction and guidance of 
the Director. 

Appointment 14, (/) The State Government may, by notification, appoint a Controller of legal 
= aes inetrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, 
meaclauy inspector and other employees for the State for exercising the powers and discharging 

aficers.ang the duties conferred or imposed on them by or under this Act in relation to inira State 
athes trade and commerce, 
employees 

(2) The quatifications of the Controller and egal metrology officers appointed under 
sub-section (/) shall be such as may be prescribed, 

(2) The Controller and every legal metrology officer, appointed under sub-section (/), 

shall exercise such powers and discharge such functions in respect of such local limits as the 

State Government may, by notification, specify. 

*~ (4) Every legal metrology officer appointed under sub-section (J) shall exercise and 
discharge the duties under the general superintendence, direction and conical of the Controller. 

Power of 15. (/) The Director, ControWer or any legal metrology officer may, if he has any 
wae at reason to believe, whether from any information given to him by any person and taken down 

Sv Rrnlsea in writing or ftom personal knowledge or otherwise, that any weight or measure or other 
goods in relation to which any trade and commerce has taken place or is intended to take 
place and in respect of which an offence punishable under this Act appears to have been, or 
is likely ta be, committed are cither kept or concealed in any premises or are in the course of 
transportation,— 

(a) enter at any reasonable time into any such premises and search for and 

inspect any weight, measure or other goods in relation to which trade and commerce 
has taken place, or is intended to take place and any record, register or other document 
relating therete; 

(b) seize any weight, measure or other goods and any record, register or other 

document or article which he has reason to believe may furnish evidence indicating 
that an offence punishable under this Act has been, or is likely to be, committed in the 

course of, or in relation to, any trade and commerce. 

(2) The Director, Controller or any legal metrology officer may also require the 
production ofevery document or other record relating to the weight or measure referred to in 

sub-section (/) and the person having the custody of such weight or measure shall comply 
with such requisition.



2 of 1974. 

60 of 1976 

Sec. 1] THE GAZETTE OF INDIA EXTRAORDINARY 7 
  

  

(3) Where any goods seized under sub-section (/) are subject to speedy or natural 

decay, the Director, Controller or legal metrology officer may dispose of such goods in such 

manner as may be prescribed. 

(4) Every search or seizure made under this section shall be carried out in accordance 
with the provisions of the Cede of Criminal Procedure, 1973, relating to searches and seizures. 

16. (/) Every non-standard or unverified weight or measure, and every package made 
in contravention of section 18, used inthe course of, or in relation to, any trade and commerce 

ane seized under section 15, shall be liable to be forfeited to the State Government: 

_ Provided that such unverified weight or measure shall not be forfeited to the State 
Government if the person from whom such weight or measure was seized gets the same 
verified and stamped within such time as may be prescribed. 

(2) Every weight, measure or other goods seized under section 15 but not forfeited 

under sub-section (/}, shall be disposed of by such authority and in such manner as may be 
prescribed. 

17, (7) Every manufacturer, repairer or dealer of weight or measure shall maintain such 

records and registers as may be prescribed. 

(2) The records and registers maintained under sub-section (/) shall be produced at 
the time of inspection to the persons authorised for the said purpose under sub-section (/) 
of section 15, 

18, (/) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose 
or possess for sale any pre-packaged commodity unless such package is in such standard 

quantities or number and bears thereon such declarations and particulars in such manner as 
may be prescribed, 

(2) Any advertisement mentioning the retail sale price of a pre-packaged commodity 
shall contain a declaration as to the net quantity or number of the commodity contained in 
the package in such form and manner as may be prescribed. 

19, No person shall import any weight or measure unless he is registered with the 
Director in such manner and on payment of such fees, as may be prescribed. 

20. No weight or measure, whether singly or as a part or component of any machine 
shal! be imported unless it conforms to the standards of weight or measure established by or 
under this Act 

Zi. (/) For imparting training in Legal Metrology and other allied branches of 

knowledge the “Indian Institute of Legal Metrology” (hereinafter referred to as the 
“Institule”) established under the provisions of the Standards of Weights and Measures 
Act, 1976, shall be deemed to have been established under the corresponding provisions of 
this Act, 

(2) The management and control of the Institute, the teaching staff and other 

employees, the courses and curricula-for training thereat, the qualifications, which a person 

shal! possess in order to be eligible for admission thereto shall be such as may be prescribed. 

22. Every person, before manufi facturing or importing any weight or measure shall seek 
the approval of model of such weight or measure in such manner, on payment ofsuch fee and 
from such authority as may be prescribed: 

Provided that such approval of model may not be required in respect of amy cast iron. 

brass, bullion, or carat weight or any beam scale, length measures (not being measuring 
tapes) which are ordinarily used in retail trade for measuring textiles or timber, capacity 
measures, not exceeding twenty litre in capacity, which are ordinarily used in retail trade for 
measuring kerosene, milk or potable liquors: 

Forfeliure. 

Manufac- 

turers, etc,, to 

rina tis id 
records and 

repigners, 

Declarations 
On Pree 
packaged 

commaditics, 

Rewistration 

for importer 
af wight of 

mrasure 

Non-standard 
weights and 

mtakures mol 

to be impored. 

Training in 
Legal 

Meirolozy. 

Approval of 

model



Nehibition 

on 

Manufacture, 
repair or sale 

of weight or 

MEMS ure 

WEA 

ligence 

Verificalon 

and saimping 
ol weight or 
Meher 

Penalty tur use 

of now 
dandard weiglll 

Of measure. 

Punalty | fot 
altuvation of 

Weight and 

Migasure, 

Penaliy for 

Minufeciane of 

dale of won 
stindard weight 

ur mcasure. 

hy THE GAZETTE OF INDLA EXTRAORDINARY [Paxr LI— 
  

Provided further that the prescribed authority may, if he is satisfied that the model of 
any weight or measure which has been approved in 4 country outside India cantorms to the 
standards established by or under this Act, approve such model without any best or afler 
such test as he may deem fit. 

23. (/}) No person shall manufacture, repair or sell, or offer, expose or possess for repair 

or sale, any weight or measure unless he holds a licence issued by the Controller under sub- 
section (2): 

Provided that no licence to repair shall be required by a manufacturer for repair of his 
own weight or measure in a State other than the, State of manufacture of the same, 

(2) For the purpose of sub-section (/), the Controller shall issue a licence in such form 

and manner, on such conditions, for such period and'such area of jurisdiction and on payment 

of such fee as may be prescribed. 

CHAPTER IV 

VERIFICATION AND STAMPING OF WEIGHT OR MEASURE 

24, (/) Every person having any weight or measure in his possession, custody or 

control in circumstances indicating that such weight or measure is being, or is intended or is 
likely to be, used by him in any transaction or for protection, shall, before putting such 
weight or measure into such use, have such weight or measure verified at such place and 

during such hours as the Controller may, by general or special order, specify in this behalf, on 
payment of such fees as may be prescribed. 

=< 

(2) The Central Government may prescribe the kinds of weights and measures for 
which the verification is to be done through the Government approved Test Centre. 

(3) The Government approved Test Centre shall be notified by the Central Government 
or the State Government, as the case may be, in such manner, on such terms and conditions 

and on payment of such fee as may be prescribed. 

(#) The Government approved Test Centre shal! appoint or engage persons having 
such qualifications and experience and collect such fee on such terms and conditions for the 
verification of weights and measures specified under sub-section (2) as may be prescribed. 

CHAPTER ¥ 

OFFENCES AND PENALTIES 

25. Whoever uses or keeps for use any weight or measure or makes usc of any numeration 

otherwise than in accordance with the standards of weight or measure or the standard of 
numeration, as the case may be, specified by or under this Act, shall be punished with fine 
which may extend to twenty-five thousand rupees and for the second or subsequent offence, 
with imprisonment for aterm which may extend to six months and also with fine. = * 

26. Whoever wnipers with, or alters in any way, any reference standard, secondary 
standard or working standard or increases or decreases or alters any weight or measure 
with a view to deceiving any person or knowing or having reason to believe that any 
person is likely to be deceived thereby, except where such alteration is made for the 
correction of any error noticed therein on verification, shall be punished with fine which 
may extend to fifty thousand rupees and for the second and subsequent offence with 
imprisonment for aterm which shall not be less than six months but which may extend to 

one year or with fine or with both. 

27. Every person who manufactures or causes to be manufactured or sells or offers, 
exposes or possesses for sale, any weight or measure which,— 

(a) does not conlorm to the standards of weight or measure specified by or 

under this Act, or 

(6) which bears thereon any inscription of weight, measure or number which 

does not conform to the standards of weight, measure or numeration specified by or 
uncer this Act,



Sec. 1} 
=——_ 

THE GAZETTE OF INDIA EXTRAORDINARY 9 

except where he is permitted to do so under this Act, shall be punished with a fine which may 
extend to twenty thousand rupees and for the second or subsequent offence with 
inprisonment for aterm which may extend to three years or with fine or with both, 

28, Whoever makes any transaction, deal or contract in contravention of the standards 
of weights and measures specified under section 10 shall be punished with fine which may 
extend te ten thousand rupees and for the second or subsequent offence, with imprisonment 
fora term which may extend to one year, or with fine, or with both, 

29, Whoever violates section |! shall be punished with fine which may extend to 
ten thousund rupees and, for the second or subsequent offence, with Imprisonment for a 
term which may extend to one year, or with fine, or with both. 

au, Whoeyer— 

(a2) in selling any article or thing by weight, measure or aumber, delivers or 
cuuses to be delivered to the purchaser any quantity or number of that article or thing 
less than the quantity or number contracted far or paid for; or 

(5) in rendering any service by weight, measure or number, renders that service 

less than the service contracted for or paid for; or 

(c) in buying any article or thing by weight, measure or number, fraudulently 
receives, or causes to be received any quantity or number of that article or thing in 

excess of the quantity or number contracted for or paid for; or 

(a) in obtaining any service by weight, measure or number, obtains that service 

in excess of the service contracted for or paid for, 

shall be punished with fine which may extend to ten thousand rupees, and, for the second or 

suosequent offence, with imprisonment fora term which may extend to one year, or with fine, 
or with both. 

31. Whoever, being required by or under this Act or the rules made thereunder to 

submit returns, maintain any record or register, or being required by the Director or the 
Controller or any legal metrology officer to produce before him for inspection ary weight or 
Incasure or any document, register or other record relating thereto, omits or fails without any 

reasonable excuse, soto da, shall be punished with fine which may extend to five thousand 

rupecs and for the second or subsequent offence, with imprisonment for a term which may 
extend to one year and also with fine. , 

32, Whoever tails or omits to submit model of any weight or measure for approval, 
shall be punished with fine which may extend to twenty thousand rupees and for the second 

or subsequent offence, with imprisonment for a term which may extend to one year and also 
with fine. 

33, Whoever, sells, distributes, delivers or otherwise transfers or uses any unverified 
weight or measure shall bé punished with fine which shall not be less than two thousand 
rupecs but which may extend to ten thousand rupees and, for the second or subsequent 
offence, with imprisonment for aterm which may extend to one year and also with fine. 

34, Whoever sells, or causes to be sold, delivers, or causes to be delivered, any commodity. 

article or thing by any means other than the standard weight or measure or number, shall be 
punished with fine which shall not be less than two thousand rupees but which may extend to 
five thousand rupees and, for the second or subsequent offence, with imprisonment for a term 

which shall not be less than three months but which may extend to one year, or-with fine, or 
with both. 

Penalty for 

Making any 
trengderion, 

deal ov 

COMED li 

Com raven- 

Hon oF the 

preserthed 

Slanudards 

Penalty for 
CML ae or 
pulblisining, cie., 

oF naui-standand 
unity 

Penalty for 
TANSSClLOns 14 

contravention 

of standard 

weal Or 

measure : 

Penalty fer, 
mot 

production af 

documents, 

ele 

Penalty for 

failure Lo pel 
madel 

approved 

Ponalty for use 

of unverified 

weigit or 
TMewsiire 

Penalty for 

sale or 

délivery of 
commodities, 
etc., by nan 

standard 

weight of 
TEP Serre



Penally for 
rendering 
services by 
non-¢faridard 

weiplit, 

TNCHAUEe OF 

Mumber 

Penalty for 
selling, dic., of 

Honsstandard 

_ Rachages 

Penalty for 

CONEY EE 

hon by 

Government 
uppraved Test 

Centre 

Penalty for 
1h 
reE station by 

importer of 
weight or 
mezgure 

Penalty for 
Eripert wt anette 
standard weignt 
O7 Measure 

~ Penalty to 
obstructing 

Dircctur, 

Controller ar 

egal 

metrology 
offices, 

Penalty for 
“wiving  faise 

Information or 

(alae eluiret. 

THE GAZETTE OF [INDIA EXTRAORDINARY {Part il— 

35. Whoever renders or causes to bé rendered, any service through imeans other than 

the weight or measure or numeration or in terms of any weight, measure or number other than 
the standard weight or measure, shall bo punished with fine which shall net be less than 
two thousand rupees but which may extend to five thousand rupees and for the second or 
subsequent offence, with imprisonment for a term which shall not be less than three months 
but which may extend to one year, or with fine, or with both. 

34. (/) Whoever manufactures, packs, imports, sells, distributes. delivers or otherwise 
transiers, offers, exposes or possesses for sale, or causes to be sold, distributed, delivered or 
otherwise transterred, offered, exposed for sale any pre-packaged commodity which does 
not confarm to-the declarations on the package as provided in this Act, shall be punished 
with fine which may extend to twenty-five thousand rupees, for the second offence, with fine 
which may extend to fifty thousand rupees and for the subsequent offence, with fine which 

shall not be less than fifty thousand rupees but which may extend to one lakh rupees or with 
imprisonment for aterm which may extend to ane year or with both. 

(2) Whoever manufactures or packs or imporis or causes to be manufactured or packed 

or imported, any pre-packaged commodity, with error in nel quantity as may be prescribed 
shail be punished with fine which shall net be less than ten thousand rupees but which may 
extend to fifty thousand rupees and for the second and subsequent offence, with fine waich 
may extend to one lakh rupees or with imprisonment fora term which may extend to one year 
or with both. 

37. (J) Where any Government approved Test Centre contravenes any of the provisions 

of this Act or the rules made thereunder, or the conditions of the licence, it shall be punished 

with fine which may extend to one lakh rupees, 

(2) Where any owner or employes of a Government Approved Test Centre performing 
duties in accordancé with the provisions of this Act or the rules made thereunder, wilfully 

verifies or slamps any weight or measure iq contravention of the provisions of this Act or the 
’ tules made thereunder, he shall, for every such contravention, be punishable with 

imprisonment for a term which may extend to one year or with fine which may extend to ten 
thousand mupees or with both. 

38. Whoever imports any weight or measure without being registered under this Act 
shall be punished with fine which may extend to twenty-five thousand rupees and for the 
seCONd of subsequent offence, with imprisonment for aterm which may extend lo six menths, 
or with fine, or with both. 

39. Whoever imports any non-standard weight or measure shall be punished with 
fine, which may extend to fifty thousand rupees and for the second or subsequent offence, 
with imprisanment lor a term which may extend to ane year and also with fine. 

40. Whoever obstructs the Director, the Controller or an; . gal metrology officer with 
intent to prevent or deter the Director or the Controller or any legal metrology officer from 
exercising his powers or discharging his functions, or in consequence of anything done or 
attempted to be done by the Director or the Controller or any legal metrology officer in the 
jawtul excrcise of his powers or discharge of his functions as such, or whoever obstructs the 
entry of the Director or the Controller or any legal metrology officer into any premises for 
inspection and verification of any weight or measure or any document or record relating 
thereto or the net contents of any packaged commodity or for any other purpose shall be 
punished with imprisonment fora term which may extend to two years and for the second or 

subsequent offence, with imprisonment for a term which may extend to five years. 

41. (/) Wheever gives any information to the Director, the Controller or any legal 
metrology officer, which he may require or ask for in the course of his duty, and which such 
person either knows or has reason to believe to be false, shall be punished with fine which 
may extend to five thousand rupees and for the second or subsequent offence with 
imprisonment for a term which may extend to six months and also with fine. 

(7) Whoever, being required by or under this Act so to do, submits a return or maintains 

any record or register which is false in material particulars, shall be punished with fine which 
may extend to. five thousand rupees and for the second or subsequent offence, with 
imprisonment for a term which may extend to one year and also with fine.



43 of 1860 

= 
Sr. 1] THE GAZETTE OF INDIA EXTRAORDINARY a 

42. The Director, the Controller or any legal metrology officer, exercising powers under = Vexatious 
this Act or any rule made thereunder, who knows that there are no reasonable grounds for sa searct, 
doing, and yet— : 

(a) searches, Or causes lo be searched, any house, conveyance or place; or 

(#) searches any person; or 

(c} seizes any weight; measure er other movable property; 

shall, for every such offence, be punished with imprisonment fora term which may extend to 
one year, or wilh fine which may extend to ten thousand rupees or with both, 

43, Where the Controller or any legal metrology officer exercising powers under this Penalty 
Act or any rule made thereunder, wilfully verifies or stamps any weight or measure, in verification 

contravention of the provisions of this Act or of any rule made thereunder, he shall, for every 

such offence, be punished with imprisonment for a term which may extend te one year, or 1. 
with fine which may extend to ten thousand rupees or with both. 

44. (/) Wheever— Penalty for 
3 : : z lorteiti 

(é) counterfeits any seal specified by or under this Act or the rules made Ce yy ote 
thereunder, or 

(ii) sells or otherwise disposes of any counterfeit seal, or 

(iif) possesses any counterfeit seal, or 

(iv) counterfeits or removes or tampers with any stamp, specified by or under 
this Act or rules made thereunder, or 

(v) affixes the stamp so removed on, or inserts the same into, any other weight 

or measure, 

shall be punished with imprisonment for aterm which shall not be less than six months but 
which may extend to one year and for thesecond or su bsequent offence, with imprisonment 

for a term which shall not be less than six months but which may extend to five years. 

{xplanation,—In this sub-section , “counterfeit” shall have the meaning assigned to 
it in section 28 of the Indian Penal Code. 

(2) Whoever obtains, by unlawful] means, any seal specified by or under this Act or the 
rules made thercunder and uses, or causes to be used, any such seal for making any stamp 
on any weight or measure with a view to representing that the stamp made by such seul is 
authorised by or under this Act or the rules made thereunder shall be punished with 
imprisonment for aterm which shall not be less than six months but which may extend to ore 
year and for the second or subsequent offence, with imprisonment for a term which sha!l not 
be less than six months but which may extend to five years. 

(3) Wheever, being in lawful possession ofa seal specified by or under this Act or the 
rules made thereunder, uses, or causes to be used, such seal without any lawful authority for 

such usé, shall be punished with imprisonment for a term which shall not be less than six 

months but which may extend to one year and for the second or subsequent offence, with 

imprisonment fora term which shal! not be less than six months but which may extend to five 
Wwhors. 

i+) Whoever sells or offers or exposes for sale or otherwise disposes of any weight or 
measure which, he knows or has reason to believe, bears thereon @ counterfeit stamp, shall 

be punished with imprisonment for a term which shall not be less than six months but which 

imay extend to one year and for the second or subsequent offence, with imprisonment for a 
term which shall not be less than six months but which may extend to five years. 

45. Whoever, being required to obtain a licence under this Act or the rules made Penalty for 

for 
in 

contravention 
of Act end 

ne 

thercunder, manufactures, without being in possession of a valid licence, any weight or manufacture 

measure, shall be punished with fine which may extend to twenty thousand rupees and for ‘deans 
the second or subsequent offence, with imprisonment fora term which may extend to one viour 

year, or wilh fine, or with both. licence. 

of weight and



Penaley tor 

repair, sale, 

ete. oF weight 

and measure 

without 

licence. 

Purdeley for 
tampering wills 

Ligenee 

Compounding 

uf ullences 

Gtfenses, by 
Guimpaties and 
power af gourt 

Lay pia edisdi 

haine, place of 

business, ele, 

Tor Companies 

convicted. 

| 
ot
 

hl
 

    

THE GAZETTE OF INDIA EXTRAORDINARY 
se ahem aren eared 

[Parr il— 

46. Whoever, being required to obtain a lisence under this Actor the rules made 
thereunder repairs ar sells or offers, exposes or possesses for repair or sale, ary weight or 

measure, without being in possession ofa valid licence, shall be punished with fine which 
may extend to five thousand rupees and for the second or subsequent offence, with 

imprisonment for a term which may extend to one year, or with fine, or with both. 

47, Whoever alters or atherwise tampers, with any licence issued or renewed under 

this Act or rules made thereunder, otherwise than in accordance with any authorisation made 

by the Controller in this behalf, shall be punished with fine which may extend to twenty 

thousand rupees, or with imprisonment fora term which may extend to one year or with both. 

48. (!) Any offence punishable under seclion 24, sections 27 to 39, sections 43 i047, 

Or ay rule made under sub-section (7) of section 42 may, either before or alter the institution 

of the prosecution, be compounded, on payment for credit te the Government of such sum as 

nay be prescribed. 

(2) The Director or legal metrology officer as may be specially authorised by him in this 
behalf, may compound offences punishable under section 25, sections 27 to 39, or any rule 
made under sub-section (3) of section $2. 

(3) The Controller or legal metrology officer specially authorised by him, may compound 
offences punishable under section 25, sections 27 to 31, sections 33 to 37, sections 45 ta 47 
and any rule made under sub-section (3) of section $2: 

Provided that such sum shall not, in any case, exceed the maximum amount of the fine, 

which may be imposed under this Act for the offence so compounded. 

(4) Nothing in sub-section (/) shall apply to person who commits the same or similar 
offence, within a period of three years from the date on which the first aftence, committed by 
him, was compounded. 

Explanation.—For the purposes of this sub-section, any second or subsequent offence 
committed alter the expiry of a period of three years from the date on which the offence was 
previously compounded, shall be deemed to be a first offence. 

(3) Where an offence has been compounded under sub-section (/}, no proceeding or 
further proceeding, as the case may be, shall be taken against the offender in respect of the 
offence so compounded. 

(6) No offence under this Act shall be compounded except as provided by this section, 

49. (/) Where an offence under this Act has been committed by a company,— 

(a) (4) the person, iPany, who has beer nominated under sub-section (2) to be in 

charge of, and responsible to, the company for the conduct of the business of the 

company (hereinafter in this section referred to as a person responsible); or 

(i) where no person has beer nominated, 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; and 

(4) the company, 

shall be deemed to be guilty of the offence and shall be liable io be proceeded against anc 
punished accordingly: 

Provided that nothing contained in this sub-seclion shall render any such 
liable to any punishment provided in this Act if he proves that the offence was c 
without his knowledse and that he txercised all due diligence to prevent the cr 
such offence, 

(2) Any company may, by order in writing, authorise any of its dir 
such powers and take all such steps as may be necessary or ex 
commission by the campany of any offence under this Act ar 

Director or the concerned Contraller ar ary legal metrology of”



Sec. 1] 
  

THE GAZETTE OF INDIA EXTRAORDINARY _ AB 

by such Controller (hereinafter in this section referred to as the authorised officer) in such 

form and in such manner as may be prescribed, that it has nominated such director as the 

person responsible, alongwith the written consent of such director for being 30 nominated. 

Explanation —Where a company has different establishments or branches or different 
units in any establishment or branch, differeng persons may be nominated under this sub- 
section in relation to different establishments or branches or units and the persan nominated 

in relation ta any establishment, branch or unit shall be deemed to be the person responsible 
in respect of such establishment, branch of unit. 

(3) The person nominated under sub-section (2) shall, until— 

() further notice cancelling such nomination.is received fram the company by 
the Director or the concerned Controller or the authorised officer; or 

(77) he ceases to be a director of the company; or 

(éir) he makes a request in writing to the Director or the concerned Controller or 
the legal metrology officer under intimation to the company, to cance! the nomination, 
which request shall be complied with by the Director or the concerned Controller or the 

legal metrology officer, 

whichever is the earliest, continue to be the person responsible: 

Provided that where such pérson ceases to be a director of the company, he shall 
intimate the tact of such cessation to the Director or the concerned Controller or the authorised 
officer: = 

Provided further that where such person makes a requést under clause (iff) the Director 
or the concerned Controller or the authorised officer shall not cance! such nomination with 
cffect from a date earlier than the date on which the request is made. 

(4) Notwithstanding anything contained in the foregoing sub-sections, 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, cr is attributable to the neglect on 
the part of, any director, manager, secretary or other officer, not being a person nominated 
under sub-section (2), such director, manager, secretary or other officer shall also be deemed 
to be guilty of that offence and shall be liable to be proceeded against and punished 
ncwordingly 

(3) Where any company is convicted under this Act for contravention of any of the 
provisions thereof, it shall be competent for the court convicting the company to cause the 
name and place of business of the company, nature of the contravention, the fact that the 
company has been so convicted and such other particulars as the court may consider to be 
appropriate in the circumstances of the case, to be published at the expense of the company 
in such newspaper or in such other manner as the courl may direc. ~ 

(6) No publication under sub-section (5) shall be made until the period for preferring 
an appeal against the orders of the court has expired without any appeal having been 
preferred, or such an appeal, having been preferred, has been disposed off. 

(7) The expenses of any publication under sub-section (5) shal! be recoverable from 
the company as if it were a fine imposed by the court. 

Explanation.—For the purposes of this section,—- 

{a} “company” means any body corporate and includes a ‘firm or other 
association of individuals; and 

(4) “director”, in relation to a firm, means a partner in the firm but excludes 
nominated directors, honorary directors, Government nominated directors. 

50. (/) Subject to the provisions of sub-section (2),-an appeal shall lie, — 

(a) from every decision or order under sections 15 t0 20, section 22, section 25,. 
sections 27 to 39, section 41 or any rule made under sub-section (3) of section 52 by 
the legal metrology officer appointed under section 13, to the Director; 

Appeals.



Frovisiaas ol 

Indian Pere] 

Cok anal 
Code of 

Criminal 
Procedure 

AOb to apply. 

Power of the 
Central 
Government 

to make sules. 

14 THE GAZETTE OF INDIA EXTRAORDINARY [Past [l— 
— 

(4) from-every decision or order made by the Director of Legal Metrology under 

sections 15 to 20, section 22, section 25, sections 27 to 39, section 4| or any rule made 
under sub-section (3) of section 52, to the Central Government of any officer speciaily 
authorised in this behalf by that Government; =~ 

(e) ftom every decision given by the Controller of Legal Metrology under delegated 
_ powers of Director Legal Metrology to the Central Government; 

(d@) from every decision viven or order made under sections 15 to 18, sections 
23 to 24, sections 27 to 37, sections 45 to47 or any rule made under sub-section (2) of 
section 52 by any legal metrology officer appdinted under section | 4, to the Controller; 
and 

Ce) from every decision given or order made by the Controller under sections | 3 
to 18, sections 23 to 25, sections 27 to 37, sections 45 ta 47 or any rule made under sub- 

section (3) of section 52 not being an order made in appeal under clause (a). ia the 
State Government or any officer specially authorised in this behalf by that Government 

(2) Every such appeal} shail be preferred within sixty days from the date on which the 
impugned order was made: 

Provided that the appellate authory may, if it is satisfied that the appellant wus 
prevented by sufficient cause from preferring the appeal within the said period of sixty days, 
permit the appellant te prefer the appeal within a further period of sixty days. 

(3) On receiprofany such appeal, the appellate authority shall, after giving the parties 
io the appeal, a reasonable opportunity of being heard and after making such inquiry as it 
deems proper, make such order, as it may think fit, confirming, moditying or reversing the 
decision or order appealed against or may send back the case with such direction as it may 
think fit for a fresh decision or order aller taking additional evidence, if necessary. 

(4) Every appeal shall be preferred on payment of such fees, as may be prescribed. 

(3) The Central Government or the State Government, as the case may be, may on its 
own motion or otherwise, call for and examine the record of any proceeding including a 
proceeding in appeal in which any decision or order has been made, for the purpose of 
satisfying itself as ta the correctness, legality or propriety of such decision or order and may 

pass such orders thercon as it may think fit: 

Provided that no decision or order shall be varied under this sub-section go as Ly 
orejudicially affect any person unless such person has been given a reasonable opportunity 
of showing cause against the proposed action. 

31. The provisions of the Indian Penal Code and section 133 of the Code of Criminal 
Procedure, 1973 in so far as such provisions relate to offences with regard lo weight or 
measure, shall not apply to any offence which is punishable under this Act. 

52. (/) The Central Government may, by notification, make rules for carrying out the 
provisions of this Act, - 

(2) [nm particular, and without prejudice to the generality of the foregoing power, such 
Tules may provide for all or any of the following matters, namely;— 

(a) the specification of the base units of measures and base unit of mass under 
sub-section (2) of section 3: 

(4) the manner of preparation of objects and equipunents under sub-section (7) 
of section 7; 

(c) physical characteristics, conliguretion, constructional details, materials, 
equipment, performance, tolerances, period of re-verification, methods or procedures 
of tests under sub-section (4) of section 7; 

(d) reference standards, secondary standards and working standards of weights 
and measures under sub-section (/) of section 9; 

$35 uf PREG. 

2a? 1974.



Sec. I] THE GAZETTE OF [INDIA EXTRAORDINARY 15 
— a = 
— aris 
  

(e) reference standards, secondary standards and working standards shall be 
verified and stamped and the fee under sub-section (2) of section 9; 

(} the weight or measure or number in which any transaction, dealing, or contract 
in respect of any goods, class of goods or undertakings shall be made under 
section I); 

(#) the qualifications of the Director and legal metrology officers under sub- 
section (2) of section 13; 

(#) the qualification of the Controller and legal metrology officers under sub- 
section (2) of section t4; 

(4) the manner of disposal of goods under sub-section (3) of section 15; 

(/) the standard quantities or number and the manner in which the packages shall 
bear the declarations and the particulars under sub-section (7) of section 18: 

(x) the manner and registration and the fee under section 19; 

(/) the management and control of the Institute, the teaching staff and other 
employees, the courses and curricula for training thereat, the qualifications, which a 

+ person shall possess in order to be eligible for admission thereto under sub-section (2) 
ol secon 21: 

(im) the manner, fee and authority for approval of models under section 22; 

{ar} the kinds of weights or measures under sub-section (2) of section 24: 

(o) the manner in which, terms and conditions on which and fee on payment 
which the Central Government shall notify the Government approved Test Centre 
under sub-section (3) of section 24; 

(p) the qualifications and experience of persons appointed or engaged and the 
fee and terms and conditions on which Government approved Test Centre shall verify 
the weight or measure under sub-section (4) of section 24; 

(@) the error in net quantity under sub-section (2) of section 36; 

(ri fee for compounding of offence under sub-section (/) of section 48; 

(s) form and manner in which notice to the Director or the Controller or any other 
officer authorised by hum shall be given under sub-section (2) of section 49. 

(3) In making any rule under this section, the Central Government may provide that a 
breach ihereot shall be punishable with fine which may extend to five thousand rupees. 

(+) Every rule made by the Central Government under this Act shall be laid, as soon as 
may be after it is made, before cach House of Parliament, while it is in session, for a total 
period of thirty days which may be comprised in one session or in two or more successive 
sessions, and if, before the expiry of the session immediately following the session or the 
successive sessions aforesaid, both Houses agree in making any modification in the rule or 
both Houses 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. 

53. (/) The State Government may, by notification, and after consultation with the 
Central Government, make rules to carry out the provisions 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:— 

(@) the time within which the weight or measure may be got verified under 
provsio to sub-section (/) of section 16; 

(©) registers and records to bg maintained by persons referred to under sub- 
seclion {/)of section 17 

{c) the form, manner, se SORIONE, period, area of jurisdiction and fees for issuance 
of licence under sub-section (2) of section 23; 

Power of 

Srate 

Ooaverninent 
te make roles



Delegation of 

Powers 

AGt mor to 

apply ii 
Cerin Vases 

Existing 

Direstor, 
Controller 
fe legal 

metrology 

officer not ta 
be allevied by 
the new 

qualification 
to he 

prescribed. 

Repeal of the 
Standards of 

Weights and 
Micasures Ack 

1976 and 
Standunds of 

Weights and 
Wisisunes 

(Entorcemens) 
Act, 1985. 

THE GAZETTE OF INDIA EXTRAORDINARY 
  

——— 

(#) fee for verification and stamping of any weight or measure under 
sub-section (/) of section 24; 

(¢) manner of notifying Government approved Test Centre, terms and conditions 
and fee to be paid under sub-section (3) of section 24: 

(/) fee for compounding of offences under sub-section (/) of sectian 48. 

(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 thousand rupees. 

. (4) The power to make rules under this section shall be subject to the condition of the 
rules being made after er previous publication in Official Gazette. 

= — a ae ~ genio tat —— 

(5) Every rule made under this section shall, as soon as may be after it is made, be laid 

before each House of State Legislature, where there are two Houses and where there is ane 
House of State Legislature, belore that House. 

54. (/) The Central Government may, in consultation with the State Government and 
by notification, direct that any power exercisable by it under this Act or any rule made there- 

under, net being a power conferred by section $0 relating to appeal or section 52 relating ta 
power to make rules, in relation to such matters and subject to such conditions as may be 

specified, may be exercised also by such officer subordinate to it as may be specified in the 
notification. 

(2) Subject to any general or special direction or candition imposed by the State 
Government, any person authorised by the Central Government to exercise any powers may 
exercise those powers in the same manner and to the same extent as if they had been 

conferred on that person directly by this Act and not by way of delegation. 

55. The provisions of this Act, in so far as they relate to verification and stamping of 
weights and measures, shall not apply to any weight or measure, — 

(a) used in any factory exclusively engaged in the manufacture of any arms, 

ammunition or both, for the use of the Armed Forces of the Union; 

(4) used for scientific investigation or for research, 

(¢) manufactured exclusively for export. 

56. (/) Every Director, Controller and legal metrology officer appointed immediately 

before the commencement of the rules made under this Act, shall be deemed to have been 
appointed under sub-section (/) of sections 13 and 14, notwithstanding any rule prescribing 
different qualifications, 

(2) The rules nade by a State Government under the Standards of Weights and 

Measures (Enforcement) Act, 1985 which are in force immediately before the commencement 
of this Act shall remain in force until the Siate Government, makes rules in that behalf. 

oe 

‘ 
57. (/) The Standards of Weights and Measures Act, 1976 and the Standards of 

Weights and Measures (Enforcement) Act, 1985, is hereby repealed, 

(2) Without prejudice to the provisions contained in the General Clauses Act, 1397, 

with respect to repeals, any notification, rule or order made under the Standards of Weighis 
and Measures Act, 1976.and the Standards of Weights and Measures (Enforcement) 
Act, 1985, shall, ifin force, at the commencement of this Act, continue ta be in force and have 

effect as if it was made under the corresponding provision of this Act. 

oo of 

a4 07 19a 

as | 

60 of 

54 af 

155 

e746 

isy7 

hav 

JWR



  

See. 1] THE GAZETTE OF INDIA EXTRAORDINARY 17 

(3) Notwithstanding such repeal, any appointment, notification, rule, order, registration, 

licence, Certificate, netice, 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 

af this Act, 

V.K. BHASIN, 
Secy. ta the Gove. of India. 

  

PRINTED BY THE GENERAL MANAGER, GOVT, OF INDIA PRESS, MINTO ROAD, NEW DELHI 
AND PUBLISHED BY THE CONTHOLLER OF PUBLICATIONS, GELHI—2614, 

GMGIPMRND— 11461 S55)—22-01-2010,