STANDARDS OF WEIGHTS AND MEASURES ACT, 1976
(1) This Act may be called the Standards of Weights and Measures Act, 1976.
(2) It extends to the whole of India.
(3) It shall come into force on such date1 as the Central Government may, by notification, appoint, and different dates may be appointed for different—
(a) provisions of this Act1,
(b) areas,
(c) classes of undertakings,
(d) classes of goods,
(e) classes of weights and measures, or
(f) classes of users of weights and measures,
and any reference in any such provision to the commencement of this Act
In this Act, unless the context otherwise requires,—"
(a) “calibration” means all the operations which are necessary for the purpose of determining the values of the errors of a weight or measure and, if necessary, to determine the other metrological properties of such weight or measure, and includes the actual fixing of the positions of the gauge-marks or scale-marks of a weight or measure or in some cases, of certain principal marks only, in relation to the corresponding values of the quantity to be measured.
Explanation.— Calibration may also be carried out with a view to permitting the use of a weight or measure as a standard;
(b) “commodity in packaged form” means commodity packaged, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale, whether wholesale or
The provisions of this Act shall have effect notwithstanding any thing 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.
(1) Every unit of weight or measure shall be based on the units of the metric system."
(2) For the purpose of sub-section (1),—
(a) the international system of units as recommended by the General Conference on Weights and Measures, and
(b) such additional units as may be recommended by the International Organisation of Legal Metrology,
shall be the units of the metric system.
(1) The base unit of length shall be the metre."
(2) The “metre” is the length equal to 1650 763.73 wave lengths in vacuum of the radiation corresponding to the transition between the levels 2p10 and 5d5 of the krypton-86 atom.
(1) The base unit of mass shall be the kilogram.
(2) The “kilogram” is the unit of mass; it is equal to the mass of the international prototype of the kilogram.
(1) The base unit of time shall be the second."
(2) The “second” is the duration of 9 192 631 770 periods of the radiation corresponding to the transition between the two hyperfine levels of the ground state of the caesium-133 atom.
(1) The base unit of electric current shall be the ampere."
(2) The “ampere” is that constant current which if maintained in two straight parallel conductors of infinite length, of negligible circular cross-section, and placed one metre apart in vacuum, would produce between these conductors a force equal to 2 x 107 newton per metre of length.
(1) The base unit of thermodynamic temperature shall be the kelvin.
(2) The “kelvin” is the fraction 1/273.16 of the thermodynamic temperature of the triple point of water.
(3) The kelvin shall also be used for expressing the interval or difference of temperature.
(4) Zero degree Celsius corresponds to 273.15 kelvin.
(5) The degree Celsius may also be used for expressing the interval or difference of temperature, unit degree Celsius being equal to unit kelvin.
(1) The base unit of luminous intensity shall be the candela."
(2) The “candela” is the luminous intensity, in the perpendicular direction, of a surface of 1/600,000 square metre of a black body at the temperature of freezing platinum under a pressure of 101 325 newtons per square metre.
(1) The base unit of amount of substance shall be the mole."
(2) The “mole” is the amount of substance of a system which contains as many elementary entities as there are atoms in 0.012 kilogram of carbon 12.
(3) When the mole is used, the elementary entities shall invariably be specified and may be atoms, molecules ions, electrons, other particles, or specified groups of such particles.
(1) The Central Government may, by rules made in this behalf, specify, in relation to the base units of weight or measure, such supplementary, derived, or other units or standard symbols or definitions as the General Conference on Weights and Measures or the International Organisation of Legal Metrology may recommend."
Explanation.—“Derived unit” means a unit which is derived from the base, or supplementary, units, or both.
(2) The Central Government may, by rules made in this behalf, specify such multiples and sub-multiples of, and physical constants, and ratios or co-efficients in relation to, units of weight or measure as the General Conference on Weights and Measures or the International Organisation of Legal Metrology may recommend.
(3) The Central Government may, by notification, declare
(1) The base unit of numeration shall be the unit of the 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 the Central Government may, after previous publication, specify by rules made in this behalf:
Provided that no such rule shall be made before the expiry of six months from the date on which the draft of the proposed rules was first published in the Official Gazette.
(1) The base unit of mass specified in section 6 and base units of measures specified in sections 5 and sections 7 to 11 (both inclusive) and the supplementary and other units specified by rules made under section 12, shall be the standard units of weight or measure, as the case may be."
(2) The units of numeration specified by or under section 13 shall be the standard units of numeration.
(1) For the purpose of deriving the value of the kilogram, the Central Government shall cause to be prepared a national prototype of the kilogram and shall cause its accuracy to be certified by the International Bureau of Weights and Measures in terms of the international prototype of the kilogram and shall deposit the same in such custody and at such place as that Government may think fit."
(2) For the purpose of deriving the value of the metre, the Central Government may cause to be prepared a national prototype of the metre and, where such prototype is caused to be made, shall also cause its accuracy to be certified by the International Bureau of Weights and Measures and deposit the same in such custody and at such place as that Government may think fit.
(1) For the purpose of deriving the value of the base units, other than the base unit of mass, the Central Government shall cause to be prepared such objects or equipments, or both, as may be necessary for the purpose and shall cause the accuracy of such objects or equipments, or both, to be certified by the International Bureau of Weights and Measures at such periodical intervals as may be prescribed, and, shall, after such certification, deposit such objects or equipments, or both, in such custody and at such place as that Government may think fit."
(2) For the purpose of deriving the value of the supplementary and other units specified under section 12, the Central Government shall cause to be prepared such objects or equipments, or both, as may be necessary for the purpose and shall cause the accuracy of such objects or equipments, or both, to be certified at such periodical in
Every national prototype specified in section 15 and every object or equipment, or both, referred to in section 16, shall be kept in such manner and under such conditions as may be prescribed."
(1) Every—"
(a) reference standard,
(b) secondary standard, and
(c) working standard,
shall conform to the standards established by or under this Act and be verified and authenticated at such periodical intervals and in such manner as may be prescribed.
(2) Every reference standard, every secondary standard and every working standard shall be kept in such manner and under such conditions as may be prescribed.
(1) The Central Government shall, in relation to any weight or measure, prescribe the physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, methods or procedures of tests in accordance with the recommendations made by the International Organisation of Legal Metrology\:"
Provided that where no such recommendation has been made, the Central Government shall prescribe such physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, method or procedures of tests in relation to any weight or measure as it may think fit.
(2) Where it is not reasonably practicable to give effect to any recommendation made by the International Organisation of Legal Metrology, the Central Government may make such changes of a minor nature in the recommend
(1) Any weight or measure which conforms to the standard unit of such weight or measure and also conforms to such of the provisions of sections 15 to 19 (both inclusive) as are applicable to it shall be the standard weight or measure."
(2) Any numeral which conforms to the provisions of section 13 shall be the standard numeral.
No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral.
No weight or measure shall be made or manufactured unless it conforms to the standards of weight or measure established by or under this Act:
Provided that the Central Government may permit the making or manufacturing of any weight or measure which does not conform to the standards established by or under this Act, if such weight or measure is made or manufactured exclusively for the purpose of any scientific investigation or research or for export and is made or manufactured under such conditions and restrictions as may be prescribed.
No weight, measure or other goods shall bear thereon any inscription or indication or weight, measure or number except in accordance with the standard unit of such weight, measure or numeration established by or under this Act\:"
Provided that in relation to any weight, measure or other goods which are manufactured for scientific investigation or research or for export, inscription or indication thereon of any weight, measure or number may also be made in accordance with any other system of weight, measure or numeration if such inscription or indication is demanded by the person by whom such scientific investigation or research is to be made or by the person to whom the export is to be made.
(1) The Central Government shall cause to be prepared, for the purposes of this Act, as many sets of reference standards as it may think necessary and shall supply to each State Government as many sets of reference standards as it may think fit. "
(2) The Central Government shall keep in its custody, for the purposes of this Act, such number of reference standards as may be necessary.
(3) Every reference standard referred to in sub-section (2) shall be kept at such place and in such custody as may be prescribed and no such reference standard shall be deemed to be a reference standard and shall be used as such unless it has been verified and authenticated in accordance with the rules made under this Act.
The Central Government shall cause to be prepared, for the purposes of this Act, as many sets of secondary standard or working standard as it may think necessary and shall keep such sets of secondary standard or working standard at such place and in such custody as may be prescribed."
(1) Every secondary standard referred to in section 25 shall be verified with the reference standard by such authority as may be prescribed and shall, if found on such verification to conform to the standards established by or under this Act, be stamped by that authority.
(2) Every working standard referred to in section 25 shall be verified with the secondary standard which has been stamped in accordance with the provisions of sub-section (1), by such authority as may be prescribed and shall, if found on such verification to conform to the standards established by or under this Act, be stamped by that authority.
(3) Where any secondary standard or working standard is stamped in accordance with the provisions of sub-section (1), or sub-section (2), as the case may be, a certificate shall be separately given showing the date on which such
Where the Central Government is of opinion that by reason of the size or nature of any secondary standard or working standard referred to in section 25, it is not desirable or practicable to put a stamp thereon, it may direct that instead of putting stamp on such secondary standard or working standard, a certificate may be issued to the effect that such secondary standard or working standard conforms to the standards established by or under this Act and every secondary standard or working standard so certified shall be deemed to have been duly stamped under this Act on the date on which such certificate was issued.
(1) The Central Government may, by notification, appoint a Director of Legal Metrology and as many Additional, Joint, Deputy or Assistant Directors and other officers and staff as may be necessary for exercising the powers and efficiently discharging the duties conferred or imposed on them by or under this Act."
(2) Every Additional, Joint, Deputy or Assistant Director and other officer, appointed under sub-section (1), shall exercise such powers, and discharge such functions of the Director as the Central Government may, by notification, authorise in this behalf.
(3) The Director may, by general or special order, define the local limits within which each Additional, Joint, Deputy or Assistant Director or other officer, appointed under sub-section (1), shall exercise his powers and discharge the duties conferred or imposed on him by or u
(1) The Director, or any person authorised to exercise the powers or discharge the functions of the Director, may, if he has any reason to believe, whether from any information given to him by any person and taken down in writing or from personal knowledge or otherwise, that any weight or measure or other goods in relation to which any inter-State trade or 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 to be committed or either kept or concealed in any premises or are in the course of transportation from one State to another,—"
(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 inter-State trade or commerce has taken place, or is intended to take place, and any record, register or other docu
Every false or unverified weight or measure, and every false package, used in the course of, or in relation to any inter-State trade or commerce and seized under section 29, shall be liable to be forfeited to the Central Government\:"
Provided that such unverified weight or measure shall not be forfeited to Government if the persons from whom such weight or measure was seized gets the same verified and stamped within such time as may be prescribed.
The provisions of this Part shall apply to—"
(a) every weight or measure which is, or is intended to be,—
(i) made or manufactured for the purpose of inter-State trade or commerce,
(ii) used, sold, distributed, delivered or otherwise transferred in the course of inter-State trade or commerce;
(b) goods which are, or are intended to be, sold, distributed, delivered or otherwise transferred by weight, measure or number in the course of inter-State trade or commerce;
(c) every service which is rendered by weight, measure or number in relation to, or in the course of, inter-State trade or commerce.
(1) The Central Government may, by rules made in this behalf, direct that in respect of the class of goods or undertakings or users specified therein, no transaction, dealing or contract shall be made or had except by such weight, measure or number as may be specified in the said rules."
(2) Any rule made under sub-section (1) shall take effect in such area, from such future date and subject to such conditions, if any, as may be specified therein.
No person shall, in relation to any goods, thing or service to which this part applies,—"
(a) quote, or make announcement of, whether by word of mouth or otherwise, any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or other document, or
(c) prepare or publish any advertisement, poster or other document, or
(d) indicate the contents of any package either on itself or on any label, carton or other thing, or
(e) indicate the contents on any container, or
(f) express any quantity or dimension,
otherwise than in accordance with the standard unit of weight, measure or numerat
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 (to which this Part applies) 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."
(l) Every person who-
(a) Makes, manufactures, sells, distributes or otherwise disposes of any weight or measure or other goods which are sold, delivered or distributed by weight, measure or number, or
(b) Repairs any weight or measure, to which this Part applies, shall maintain such records and registers as may be prescribed and if required so to do by the Director, shall produce such records and registers before the Director or such other officer as the Director may authorize in this behalf, for inspection.
(2) Notwithstanding anything contained in sub-section (1), if the Director is of opinion that having regard to the nature or volume of the business carried on by any maker, manufacturer, dealer or repairer, it is necessary so to do, he may, by order exempt such maker, manufacturer, dealer
(1) Save as otherwise provided in this section, this Chapter shall not apply to,—"
(a) any weight or measure which, being subject to verification and stamping under the State law as in force immediately before the commencement of this Act, is in use of such commencement;
(b) any cast iron, brass, bullion, or carat weight or any beam-scale, except those specified by rule made in this behalf;
(c) length measures (not being measuring tapes) ordinarily used in retail trade for measuring textiles or timber;
(d) capacity measures, not exceeding twenty litres in capacity, which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors;
(e) any weighing or measuring instru
(1) Before issuing a license to make or manufacture any weight or measure to which this Part applies, the State Government shall satisfy itself that a certificate of approval of the model of such weight or measure has been granted by the Central Government under Sec. 36.
(2) Where any certificate of approval of any model has been revoked by the Central Government, the license issued by the State Government for the making or manufacturing of any weight or measure in accordance with such model shall stand suspended:
Provided that such suspension shall stand vacated if such model is subsequently approved by the Central Government.
Every weight or measure to which this Part applies and for which a model has been approved shall bear thereon, in such manner as may be prescribed, the number of the approved model and the number of the certificate by or under which such model was approved\:"
Provided that where the Central Government is of opinion that inclusion of any such particulars on any weight or measure is not possible by reason of its size or nature, that Government may exempt the inclusion of such particulars on such weight or measure.
(1) No person shall,—"
(a) make, manufacture, pack, sell, or cause to be packed or sold; or
(b) distribute, deliver, or cause to be distributed or delivered; or
(c) offer, expose or possess for sale,
any commodity in packaged form to which this Part applies unless such package bears thereon or on a label securely attached thereto a definite, plain and conspicuous declaration, made in the prescribed manner, of—
(i) the identity of the commodity in the package;
(ii) the net quantity, in terms of the standard unit of weight or measure, of the commodity in the package;
(iii) where the commodity is packa
In this Chapter, unless the context otherwise requires,—"
(a) “Controller” means the person appointed as such by the State Government under the State law;
(b) “Inspector” means the person appointed as such by the State Government under the State law;
(c) “local Inspector” means an Inspector within the local limits of whose jurisdiction any weight or measure is made, manufactured, received, delivered or kept for sale or use;
(d) “State law” means the law enacted by the Legislature of a State, and for the time being in force in that State, with regard to the enforcement of the standards of weight or measure established by or under this Act;
(e) “transferee State” means the State in which any
(1) Where any weight or measure, sent from a transferor State for delivery, sale or use in a transferee State, is such that,—"
(a) it is not required to be dismantled before its despatch to the transferee State and is not likely to lose its accuracy by reason of such despatch, it shall be known, for the purposes of this Chapter, as a weight or measure of the first category;
(b) it is required to be dismantled before its despatch to the transferee State and reassembled and installed for use in the transferee State, it shall be known, for the purposes of this Chapter, as a weight or measure of the second category.
(2) Subject to the provisions of sub-section (1), the Central Government may specify, by rules made in this behalf, the classes of weights or measures which would fall in the fir
(1) Every weight or measure of the first category which is stamped with the special seal referred to in sub-section (3) of section 41 shall be presumed to be correct throughout the territory of India and shall not be required, until its re-verification in the transferee State becomes due by efflux of time, to be verified or stamped in the transferee State\:"
Provided that where the local Inspector in the transferee State has any reason to believe that any weight or measure of the first category has lost its accuracy in transit or has, for any other reason, ceased to conform to the standards of weight or measure established by or under this Act, he may, for reasons to be recorded by him in writing, and communicated to the Controller of the transferor State, through the Controller of the transferee State—
(a) verify such weight or measu
No weight or measure of the first category shall be used, sold, purchased, delivered or otherwise transferred in any transferee State unless such weight or measure bears thereon the stamp made with the special seal referred to in sub-section (3) of section 41."
(1) Every person in a transferee State who receives or delivers for sale or use therein any weight or measure of the second category shall, after its re-assembly and installation for use, have such weight or measure verified and stamped by the local Inspector in the transferee State.
(2) The local Inspector in the transferee State shall verify every weight or measure of the second category and shall if he is satisfied that such weight or measure conforms to the standards established by or under this Act, stamp the same with the seal prescribed by or under the State law in force in the transferee State.
(3) For the avoidance of doubts, it is hereby declared that where any weight or measure of the second category is delivered or received in a State from any other State, not for the purpose of sale or use therein but for the transmission of
Where any weight or measure, which being in use in a transferee State, is sent to, or delivered in, any other State for sale or use in such other State, then, such other state shall also be deemed to be the transferee State in relation to such weight or measure and the provisions of this Chapter shall, so far as may be, apply to the weight or measure sent to, or delivered in, such other State.
Every manufacturer, dealer or other person in a transferor State, who sends to, or delivers in, any transferee State any weight or measure, whether of the first or of the second category, shall—"
(a) submit such periodical returns as may be prescribed, to the Controller of the transferor State with regard to such despatch, delivery or transfer and specify in such returns the particulars of the weight or measure which has been sent to, or delivered in, the transferee State;
(b) specify in such periodical returns the particulars of the person to whom such weight or measure has been sent, or delivered in the transferee State; and
(c) forward a copy of such periodical returns to the Controller of the transferee State.
(1) No dealer or manufacturer shall export or import any weight or measure unless he is registered under this section as such exporter or importer, as the case may be."
(2) Every person who intends to commence or continue business as an exporter or importer of any weight or measure shall make, within such time from the commencement of this Act as may be prescribed, an application for the inclusion of his name in the register to be maintained for the purpose.
(3) The application referred to in sub-section (2) shall be made to the Director and every such application shall be made in such form, in such manner and on payment of such fees, not exceeding ten rupees, as may be prescribed.
(4) On receipt of an application referred to in sub-section (2), the Director shall, if he is satisfied after suc
(1) Subject to such conditions, limitations and restrictions as may be prescribed, the Central Government may allow the export of any weight or measure which has been made or manufactured exclusively for export with the previous permission of that Government notwithstanding that such weight or measure does not conform to the standards established by or under this Act."
(2) Where any commodity in packaged form is exported and the person to whom such export is to be made so requires, the exporter may, in addition to specifying the net contents of such package in terms of the standards unit of weight or measure established by or under this Act, also specify the weight or the net contents thereof in terms of such units of weight or measure as may be specified by the person to whom such commodity is to be exported.
(3) Notwithstanding anythin
(1) Save as otherwise provided in sub-section (2), no weight or measure, whether singly or as a part or component or any machine or machinery, shall be imported unless it conforms to the standards of weight or measure established by or under this Act."
(2) Where any commodity, machinery or any part or component of any machinery is imported from a country in which the metric system of weight or measure is not in force, or in which such system being in force, such commodity, machinery, part or component of any machinery has not been made or manufactured in accordance with such system, the importer shall, before making such import, make an endeavour to obtain, on such commodity, machinery, part or component, and also on the drawings thereof, the weight or measurement thereof expressed in terms of the standard unit of weight or measure established by or under this Act:
&
Whoever uses any weight or measure or makes any numeration otherwise than in accordance with the standards of weight or measure or the standards of numeration, as the case may be, established by or under this Act, shall be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and for the second or subsequent offence, with imprisonment for a term which may extend to two years and also with fine."
Whoever tampers with, or alters, in any way, any reference standard, secondary standard, or working standard except where such alteration is made for the correction of any error noticed therein on verification, shall be punished with imprisonment for a term which may extend to two years, or with fine which may extend to five thousand rupees, or with both."
Except where any weight or measure is made or manufactured, with the permission of the Central Government, exclusively for export, every person who makes or manufactures any weight or measure which does not conform to the standards of weight or measure established by or under this Act, shall, where such offence is not punishable under any other law relating to weights and measures for the time being in force, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and, for the second or subsequent offence with imprisonment for a term which may extend to three years and also with fine."
Except where any weight or measure is made or manufactured, with the permission of the Central Government, exclusively for export, every person who makes or manufactures any weight or measure which bears thereon any inscription of weight, measure or number which does not conform to the standards of weight or measure or numeration established by or under this Act, shall, where such offence is not punishable under any other law relating to weights and measures for the time being in force, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine."
Whoever obstructs the Director or any person authorised to exercise the powers or discharge the functions of the Director (hereafter, in this Part, referred to as the “authorised officer”) in the exercise of his powers or discharge of his functions as such Director or authorised officer, or with intent to prevent or deter the Director or such authorised officer from exercising his powers or discharging his functions, or in consequence of any thing done or attempted to be done by the Director or such authorised officer in the lawful exercise of his powers or discharge of his functions as such, shall be punished with imprisonment for a 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.
Whoever in the course of any inter-State trade or commerce, makes any transaction, deal or contract in contravention of the provisions of section 32 shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine."
Whoever in the course of any inter-State trade or commerce, contravenes the provisions of section 33 shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine."
Whoever, in the course of any inter-State trade or commerce,—"
(i) sells, delivers, or causes to be sold or delivered , to the purchaser any quantity or number of any article or thing, less than the quantity or number contracted for or paid for; or
(ii) renders any service by weight, measure or number, less than the service contracted for or paid for; or
(iii) demands, or causes to be demanded, or receives, or causes to be received, while buying any article or thing, any quantity or number of goods in excess of the quantity or number contracted for or paid for; or
(iv) obtains any service in excess of the service contracted for or paid for,
shall be punished with fine which may extend to fiv
Whoever, being required by or under this Act so to do, without any reasonable excuse, omits or fails to maintain any record or register, or being required by the Director or the authorised officer, to produce any record or register for his inspection, omits or fails, without any reasonable excuse, so to do, shall be punished with fine which may extend to one thousand rupees, and, for the second or subsequent offence , with imprisonment for a term which may extend to six months and also with fine."
Whoever, being required by section 36 to submit the model of any weight or measure for approval, omits, or fails, without any reasonable excuse, so to do, 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 five years and also with fine."
(l) Whoever makes or manufactures any weight or measure, which is, or is intended to be, sold, distributed delivered or otherwise transferred in the course of inter-State trade or commerce, shall, unless a certificate of approval of the model of such weight and measure granted under Sec. 36 is in force, be punished with imprisonment for a term which may extend to two years and shall also be liable to fine, and, for the second or subsequent offence, with imprisonment for a term which may extend to five years and also with fine.
(2) Whoever, without any reasonable excuse, manufactures any weight or measure in accordance with an approved model with any material other than the material approved or recommended by the prescribed authority, shall be punished with imprisonment for a term which may extend to five years and also with fine.
Whoever makes or manufactures any weight or measure without complying with the requirements of section 38 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 five years and also with fine."
Whoever, in the course of inter-State trade or commerce, sells, distributes, delivers or otherwise transfers any weight or measure which does not conform to the standards of weight or measure established by or under this Act or which has not been duly verified under any other law relating to weights and measures for the time being in force, shall be punished with fine which may extend to ten thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to seven years and also with fine."
Whoever, in the course of inter-State trade or commerce, sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred any commodity in a packaged form which does not conform to the provisions of this Act or any rule made thereunder , 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 five years and also with fine."
The Standards of Weights and Measures Act, 1976 was enacted to establish standards of weights and measures, regulate inter-State trade or commerce in weights, measures, and other goods sold or distributed by weight, measure, or number. Section 63 of the Act is a penal provision that prescribes punishment for contravention of specific provisions of the Act, particularly Section 39 relating to commodities in packaged form. The Act aims to protect consumer interests and ensure accuracy in commercial transactions involving weights and measures. [Source: ]
Section 63 of the Standards of Weights and Measures Act, 1976 provides that the government may, by notification, prescribe penalties for contravention of specified provisions. The section imposes punishment with imprisonment for a term which may extend to two years, or with fine which may extend to prescribed amounts, or with both, for violations of the Act's provisions, particularly Section 39 dealing with commodities in packaged form. [Source: ]
Section 63 is applicable only when commodities in packaged form are intended to be sold or distributed in the course of inter-State trade or commerce. The section does not apply to local or intra-State transactions. Courts have held that the prosecution must prove that the articles sold were in packaged form and were sold or intended to be sold in inter-State trade or commerce for the section to be invoked. [Source: Arun Singhvi VS State of Assam, Through Weights And Measures Inspectorate, Tezpur - 1991 0 Supreme(Gau) 199]
Inter-State Requirement - Section 63 prosecution requires proof that commodities in packaged form were intended to be sold or distributed in the course of inter-State trade or commerce; local transactions are not covered. [Source: Arun Singhvi VS State of Assam, Through Weights And Measures Inspectorate, Tezpur - 1991 0 Supreme(Gau) 199]
Scope Limitation - Section 39, which Section 63 penalizes, is applicable only when commodities in packaged form are intended to be sold or distributed in inter-State trade or commerce; prosecution failing to prove this element is misconceived and without jurisdiction. [Source: Arun Singhvi VS State of Assam, Through Weights And Measures Inspectorate, Tezpur - 1991 0 Supreme(Gau) 199]
Overriding Effect - Legal Metrology Act, 2009 and the Standards of Weights and Measures Act override the provisions of IPC (Chapter XIII) in respect of offences related to weights and measures; Section 267 IPC cannot be invoked for acts covered under this Act. [Source: S. Sivakumar VS State of Tamil Nadu, Represented by the Inspector of Police - 2023 0 Supreme(Mad) 2870]
Special Law Precedence - Being a special Act, if an offence is disclosed under the provisions of this Act, an accused cannot be charged for the same offence under Chapter XIII of IPC. [Source: S. Sivakumar VS State of Tamil Nadu, Represented by the Inspector of Police - 2023 0 Supreme(Mad) 2870]
Quashing of Proceedings - Constitutional Courts exercising jurisdiction under Article 226 or Section 482 Cr.P.C. can interdict criminal proceedings where allegations on their face value do not disclose commission of any offence, to prevent abuse of process of law. [Source: Hindustan Lever Limited VS Inspector of Legal Metrology, Proddatur - 2008 0 Supreme(AP) 955]
No Offence Made Out - Where the prosecution fails to make out commission of any offence under the Act, continuing criminal proceedings would subject the accused to undue hardship; proceedings can be quashed. [Source: Hindustan Lever Limited VS Inspector of Legal Metrology, Proddatur - 2008 0 Supreme(AP) 955]
Package Form Requirement - For Section 63 to apply, the articles sold must be in "packaged form"; if the articles sold are not in packaged form, the proceeding under Section 63 is misconceived. [Source: Arun Singhvi VS State of Assam, Through Weights And Measures Inspectorate, Tezpur - 1991 0 Supreme(Gau) 199]
Misleading Expressions - Use of the word 'free' on package labels does not create a misleading impression as to the quantity of the commodity contained in the package and does not violate the Rules under the Act. [Source: Managing Director, Perfetti Van Melle India Private Ltd. VS State of Kerala, represented by the Public Prosecutor - 2011 0 Supreme(Ker) 735]
Promotional Schemes - Promotional schemes offering something as 'free' do not offend Rule 12(6) of the Packaged Commodities Rules, as they do not create a misleading impression about the quantity of the commodity. [Source: Managing Director, Perfetti Van Melle India Private Ltd. VS State of Kerala, represented by the Public Prosecutor - 2011 0 Supreme(Ker) 735]
Limitation Period - For first offence under Section 63, the court is barred from taking cognizance after expiry of limitation period of six months; the date of taking cognizance by the Magistrate is relevant for computing the limitation period. [Source: Hindustan Lever Ltd. , Mumbai VS State - 2007 0 Supreme(AP) 913]
Corporate Liability - For prosecuting company officers under Section 63, mere status as Chairman is insufficient; it must be alleged that the person was in charge of and responsible to the company for conduct of business at the time the offence was committed. [Source: Hindustan Lever Ltd. , Mumbai VS State - 2007 0 Supreme(AP) 913]
Chairman not MD - Chairman of a company is not equivalent to a Managing Director in terms of company law; unless the Articles provide otherwise, a Chairman has no administrative powers and cannot be prosecuted merely by virtue of holding that office. [Source: Hindustan Lever Ltd. , Mumbai VS State - 2007 0 Supreme(AP) 913]
Penalty Structure - First offence under the Act carries punishment with fine which may extend to prescribed amount; for second or subsequent offences, imprisonment may extend to five years. [Source: Hindustan Lever Ltd. , Mumbai VS State - 2007 0 Supreme(AP) 913]
Compoundable Offences - Under Section 63 of the related Enforcement Act, there are two types of offences - compoundable and non-compoundable; for non-compoundable offences, the inspectors are required to directly file prosecution. [Source: ]
IPC Non-Application - Section 51 of the Legal Metrology Act, 2009 specifically states that provisions of IPC insofar as they relate to offences with regard to weight or measure shall not apply to any offence punishable under this Act. [Source: S. Sivakumar VS State of Tamil Nadu, Represented by the Inspector of Police - 2023 0 Supreme(Mad) 2870]
Section 420 IPC - Manufacturing electronic weighing machines without authorization, even if sold to traders who may cheat the public, does not constitute deception under Section 420 IPC against the manufacturer if no direct deception of the public is alleged. [Source: S. Sivakumar VS State of Tamil Nadu, Represented by the Inspector of Police - 2023 0 Supreme(Mad) 2870]
Cognizance Provisions - Section 63 of the Standards of Weights and Measures (Enforcement) Act, 1985 contains provisions relating to cognizance of offences, which govern how courts can take cognizance of violations under the Act. [Source: ]
Stamping Requirement - Manufacturing or selling weights and measures without proper authorization and stamping from the Legal Metrology Officer constitutes an offence under the Act, not under IPC provisions. [Source: S. Sivakumar VS State of Tamil Nadu, Represented by the Inspector of Police - 2023 0 Supreme(Mad) 2870]
Whoever exports or imports any weight or measure without being registered under this Act shall be punished with fine which may extend to one thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine."
Every person who exports any weight or measure or commodity in packaged form which does not conform to the standards of weight or measure established by or under this Act, shall, except where such export has been made with the previous approval of the Central Government, 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 five years and also with fine."
Whoever contravenes, without any reasonable excuse, the provisions of section 49, 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 five years and also with fine."
Whoever contravenes any provisions of this Act for the contravention of which no punishment has been separately provided in any of the provisions of this Act, shall be punished with fine which may extend to two thousand rupees."
(1) If any person, in the course of inter- State trade or commerce, uses, or causes to be used, sells distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred, any false or unverified weight or measure, it shall be presumed, until the contrary is proved, that he had done so with the knowledge that the weight or measure was a false or unverified weight or measure."
(2) If any person makes or manufactures or has in his possession, custody or control any false or unverified weight or measure in such circumstances as to indicate that such weight or measure is likely to be used in the course of inter-State trade or commerce, it shall be presumed, until the contrary is proved, that such false or unverified weight or measure was made, manufactured, possessed, held or controlled by such person with the knowledge that the same would
Whoever personates, in any way, the Director, or any authorised officer, shall be punished with imprisonment for a term which may extend to three years."
(1) Whoever gives information to the Director or the authorised 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 imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both."
(2) Whoever, being required by or under this Act so to do, submits a return which is false in material particulars, shall be punished with fine which may extend to two thousand rupees, and, for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.
(1) An authorized officer who knows that there are no reasonable grounds for so doing, and yet-
(a) Searches, or causes to be searched, any house, conveyance or place; or
(b) Searches any person; or
(c) Seizes any weight, measure or other moveable property, shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
(2) If a local Inspector as defined in Sec. 40, -
(a) Without any reasonable cause verifies any weight or measure of first category within the meaning of Sec. 41,
(b) Without any reasonable cause obliterates any stamp on any such weight or m
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—"
1[(a) no court shall take cognizance of an offence punishable under this Act except upon a complaint, in writing, made by—
(i) the Director;
(ii) any other authorised officer;
(iii) any person aggrieved; or
(iv) a recognised consumer association whether the person aggrieved is a member of such association or not.
Explanation.—For the purposes of this clause “recognised consumer association” means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or any other law for the time being in force;]
&nbs
(1) Any offence punishable under section 50, section 55, section 56, section 57, section 58, section 59, section 60, section 63, section 64, section 65, section 66, or section 67 may, either before or after the institution of the prosecution , be compounded by the Director or such other officer as may be specially authorised by him in this behalf, on payment for credit to the Government of such sum as the Director or such other officer may specify\:"
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.
(2) Nothing in sub-section (1) shall apply to a person who commits the same or similar offence within a period of three years from the date on which the first offence, committed by him, was compounded.
&
(1) If an offence under this Act is committed by 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 punished 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 had 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 the ne
The provisions of the Indian Penal Code, 1860 (45 of 1860), in so far as such provisions relate to offences with regard to weights and measures, shall not apply to any offence which is punishable under this Act.
(1) There shall be established by the Central Government, at such place as it may think fit, an Institute to be known as the “Indian Institute of Legal Metrology” (hereafter referred to as the “Institute”) for imparting training in legal metrology and other allied branches of knowledge."
(2) The management and control of the Institute, which shall vest in the Central Government, shall be carried on in accordance with such regulations as may be made by the Central Government.
(3) The Central Government shall provide the Institute with such teaching staff and other employees, and with such equipments and other facilities as it may think fit to enable the Institute to function effectively as an institution for imparting adequate training in legal metrology and other allied branches of knowledge.
Where the Central Government is of opinion that in addition to the training imparted at the Institute, it is necessary to impart to an employee, not below the rank of an Inspector, further specialised training which is not provided for at the Institute, it may send such employee to such other place, authority or institution as it may think fit for receiving such specialised training.
The Central Government shall make, or cause to be made, such surveys and collect, or cause to be collected , such statistics as it may consider necessary with a view to ascertaining the extent to which any standard of weight, measure or numeration established by or under this Act has been implemented in any area or in relation to any class of undertakings, users of goods and it shall be the duty of every person using weight or measure or making any numeration to render such assistance as the person making such survey or collecting such statistics may require."
(1) The value expressed in terms of any unit of weight or measure other than in terms of the standard units of weight or measure may be converted into the value expressed in terms of a standard unit of weight or measure at the rate specified in the Schedule."
(2) All references in any enactment or in any notification, rule or order made under any enactment, or in any contract, deed or other instrument, for the time being in force, to a value expressed in terms of any unit of weight, measure or numeration other than that of a standard unit of weight, measure or numeration shall be construed as references to that value expressed in terms of standard units of weight, measure or numeration, as the case may be, converted at the rates specified in the Schedule.
(1) No unit of weight, measure or numeration shall, after the commencement of this Act, be stated in any enactment, notification, rule, order, contract, deed or other instrument in terms of any unit of weight, measure or numeration other than that of a standard unit of weight, measure or numeration.
(2) On and from the commencement of this Act no weight, measure or number other than the standard weight, measure or number shall be used in, or form the basis of, any contract or other agreement in relation to any inter-State or international trade or commerce:
Provided that in relation to any goods which are exported, the weight, measure or number of such goods may be indicated thereon, or in any contract in addition to the standard units of weight, measure or numeration, in accordance with any other system of weight, measure or numeration
(1) Subject to the provisions of sub-section (2), any person aggrieved by an order made under section 30 or section 36 may prefer an appeal against such order to the Director, or where the order has been made by the Director, to the Central Government."
(2) Every such appeal shall be preferred within sixty days from the date on which the impugned order was made:
Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days.
(3) On receipt of any such appeal, the appellate authority shall, after giving the parties to the appeal a reasonable opportunity of being heard and after making such inquiry as
(1) The Central Government may, by rules made under section 83, specify such fees, not exceeding,—"
(a) five thousand rupees, for the approval of the model of any weight or measure intended to be made or manufactured for sale, purchase, distribution or delivery in the course of any inter-State trade or commerce;
(b) one thousand rupees, for the verification and stamping of a weight or measure of the first category within the meaning of section 41;
(c) five thousand rupees, for the verification and stamping of a weight or measure of the second category, within the meaning of section 41;
(d) one rupee for every 100 words or less, for the grant of copies of any document, not being a document of a confidential nature;
&n
(1) The Central Government may, by notification, make rules for carrying 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:-
(a) supplementary, derived, special or other units of weight or measure, standard symbols or definitions, as recommended by the General Conference on Weights and Measures or the International Organisation of Legal Metrology;
(b) multiples and sub-multiples of, and physical constants, ratios or co-efficients in relation to units of weight or measure, as recommended by the General Conference on Weights and Measures or the International Organisation of Legal Metrology;
(c) denomination
(1) Notwithstanding that this Act has come into force in respect of any area or class of goods or undertakings or class of weights and measures or users of weights and measures in the State of Sikkim, the Central Government may, by notification, permit the continuance of the use, after such commencement, in respect of that area or class of goods or undertakings, or for classes of users of weights and measures, of such weights and measures, in addition to the standard weights or measures, and for such period, not exceeding five years, as may be specified in the notification."
(2) Nothing in sub-section (1) shall be deemed to empower the Central Government to issue any notification in respect of any weight or measure which was not in use in the State of Sikkim immediately before the commencement of this Act.
(1) The Standards of Weights and Measures Act, 1956 (89 of 1956), is hereby repealed."
(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, 1956 (89 of 1956), shall, if in force, at the commencement of this Act, continue to be in force and have effect as if made under the corresponding provision of this Act.
THE SCHEDULE
(See section 79)
(1) Length:
1 inch = 0.025 4 metre
1 foot = 0.304 8 metre
1 yard = 0.914 4 metre
1 mile = 1 609.344 metres
1 nautical mile (UK) = 1 853.18 metres
F
Elevate your legal practice with advanced AI-driven research and drafting solutions. Experience unmatched efficiency, precision, and security, tailored exclusively for legal professionals.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
AI Assistant
