Jammu and Kashmir Standards of Weights and Measures (Enforcement) Act, 1997
No: 37 Dated: Jan, 01 1997
THE JAMMU AND KASHMIR STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1997
(Act No. XXXVII of 1997)
An Act to provide for the enforcement of the standards of weights and measures, established by or under the Central Act of 1976 and for matters connected therewith or incidental thereto.
Be it enacted by the Jammu and Kashmir State Legislature in the Forty-eight Year of the Republic of India as follows :-
CHAPTER-I
1. Short title, extent and commencement. - (1) This Act may be called the Jammu and Kashmir Weights and measures (Enforcement) Act, 1997.
(2) It extends to the whole of the State of Jammu and Kashmir.
(3) It shall come into force on such date as the Government, may by notification in the Government Gazette appoint and different dates may be appointed for different :-
(a) provisions of this Act.
(b) areas,
(c) classes of undertakings,
(d) classes of goods,
(e) classes of weights and measures manufactured, sold, distributed, marketed, transferred, repaired or used in the State.
(f) classes of users of weights and measures, or
(g) classes of services rendered in the State and any reference in any such provision to the commencement of this Act shall be construed as reference to the coming into force of this Act, or, as the case may be, of that provision, in such areas or in respect of such classes of undertakings, goods, services classes of weights and measures or classes of users of weights and measures, in relation to which or whom, this Act has been brought into force.
2. Act not apply to inter-state trade or commerce. - Nothing in this Act, shall apply to any inter-state trade or commerce in :-
(a) any weight or measure, or
(b) any other goods which are sold, delivered or distributed by weight, measure or number.
3. Definitions. - In this Act, unless the context otherwise requires. -
(a) "Additional Controller" includes a Joint Controller, Deputy Controller and an Assistant Controller appointed under section 5;
(b) "authorised seal or stamp" means a seal or stamp made under and in accordance with, the provisions of this Act;
(c) "Central Act" means the Standards of Weights and Measures Act, 1976 (Act 60 of 1976);
(d) "Controller" means the Controller of Legal Metrology appointed under section 5;
(e) "Counterfeit" in relation to a seal or stamp, means a seal or stamp which is so made as to resemble an authorised seal or stamp, as the case may be, intending by that resemblance to practise deception, or knowing it to be likely that deception will thereby be practised.
Explanation I. - It is not essential that the resemblance of the counterfeit seal or stamp to the authorised seal or stamp should be exact.
Explanation II. - When a person causes a counterfeit seal or stamp to resemble an authorised seal or stamp and the resemblance is such that if a person relies on such seal or stamp, he might be deceived hereby, it shall, be presumed, until the contrary is proved, that the person so causing the seal or stamp to resemble the authorised seal or stamp intended by means of that resemblance to practise excepting or knew it to be likely that deception would thereby be practised;
(f) "Government" means the Government of Jammu and Kashmir;
(g) "heap" means any unit of a commodity for sale where such sale is intended to be made without any weightment or measurement or, where the sale is made by number, without counting the number;
(h) "Inspector" means a person who is appointed as such under section 5, by whatever name called;
(i) "mint" means a mint of the Central Government;
(j) "notification" means a notification published in the Government Gazette;
(k) "prescribed" means prescribed by rules made under this Act;
(l) "protection" means the utilisation of any weight or measure, or any reading obtained with the help of any weight step is required to be taken to safeguard the well-being of any human being or animal or to protect any commodity, vegetation or thing, whether individually or collectively;
(m) "standard weight or measure" means a weight, measure or number which conforms to the standards established in relation thereto by or under the Central Act;
(n) "State" means the State of Jammu and Kashmir;
(o) words expression used in this Act and not defined but defined in the Central Act shall have the meanings respectively assigned to them in that Act.
4. Provisions of this Act to over-ride the provisions of any other law, except the Central Act. - The provisions of this Act shall have effect notwithstanding any thing inconsistent therewith contained in any enactment other than this Act and the Central Act or in any instrument having effect by virtue of any enactment other than this Act or the Central Act.