Assam Weights and Measures (Enforcement) Act, 1958
No: 19 Dated: May, 28 1959
THE ASSAM WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1958
ASSAM ACT No.XIX OF 1959
An Act to provide for the enforcement of Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956) and for matters connected therewith.
Preamble. - Where as it is expedient to enforce the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956) in the State of Assam and for matters connected therewith ;
It is hereby enacted in the Ninth Year of the Republic of India as follows:-
CHAPTER - I
Preliminary
1. Short title, extent and commencement. - (1) This Act may be called the Assam Weights and Measures (Enforcement) Act, 1958.
(2) It extends to the whole of Assam.
(3) It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint ; and different dates may be appointed for different provisions of this Act or for different areas or for different classes of undertakings or for different classes of goods.
2. Definitions. - In this Act, unless the context otherwise requires,-
(a) "Commercial weight or measure" means a weight or measure purporting to be a standard weight or measure used in any transaction for trade or commerce ;
(b) "Controller" means the Controller of Weights and Measures appointed under section 15 ;
(c) "Inspector" means an Inspector of Weights and Measures appointed under section 15 ;
(d) "Mint" means the mint of the Central Government either in Bombay or in Calcutta ;
(e) "Prescribed" means prescribed by rules made under this Act ;
(f) "Standard weight or measure" means any unit of mass or measure referred to in sub-section (1) of section 13 of the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956) and includes any other weight or measure permitted to be used by the Central Government in pursuance of sub-section (1) of section 14 of the said Act ;
(g) "Reference standards" means the sets of standard weights and measures supplied to the State Government by the Central Government in pursuance of sub-section (2) of section 15 of the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956);
(h) "Stamping" means marking in such manner as to be so far as practicable, indelible and includes casting, engraving, etching and branding;
(i) "Verification" with its grammatical variations used with reference to a weight or measure or weighing or measuring instrument, includes the process of comparing, checking or testing such weight or measure or weighing or measuring instrument and also includes re-verification ;
(j) "Weighing instrument" means any instrument for weighing and includes scales with the weights belonging thereto, scale-beams, balances, spring balances, steel yards and other weighing machines ;
(k) "Measuring instrument" means any measuring instrument other than a weighing instrument and includes any instrument for measuring length, area, volume or capacity.
CHAPTER II
Standard Weights and Measures
3. Working Standards. - (1) For the purpose of verifying the correctness of commercial weights and measures and weighing and measuring instruments used in transactions for trade or commerce, the State Government may cause to be prepared as many sets of authenticated standard weights and measures as it may deem necessary to be called the working standards [***].
(2) The working standards shall be made of such material and according to such designs and specifications and shall be prepared by such agency and shall be stamped and authenticated by such person or authority and in such manner as may be prescribed.
(3) The working standards shall be kept at such places, in such custody and in such manner as may be prescribed.
(4) A working standard shall be verified with the secondary standard and marked by such persons, at such places, at such intervals and in such manner as may he prescribed:
Provided that a working standard in relation to bullion and precious stones shall be verified with the reference standard.
(5) A working standard which is not so verified and marked within the prescribed period shall not be deemed legal or be used for the purposes of this Act.
(6) A working standard which has become defective shall no longer be legal or be used for the purposes of this Act, until it has been verified and marked in the prescribed manner.