West Bengal Standards Of Weights And Measures (Enforcement) Act, 1958
No: 23 Dated: Jan, 21 1959
THE WEST BENGAL STANDARDS OF WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1958
West Bengal Act XXIII of 1958
An Act to provide for the enforcement in West Bengal of standards of weights and measures.
Whereas it is expedient to provide for the enforcement in West Bengal of standards of weights and measures established under the Standards of Weights and Measures Act, 1956 and for matters connected therewith ;
It is hereby enacted as follows :-
CHAPTER I
Preliminary
1. Short title, extent, commencement, repeal and saving. - (1) This Act may be called the West Bengal Standards of Weights and Measures (Enforcement) Act, 1958.
(2) It extends to the whole of West Bengal.
(3) Subject to the provisions of sub-section (4), this section shall come into force at once and the remaining provisions of this Act shall come into force on such date or dates 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.
(4) The West Bengal Standards of Weights and Measures (Enforcement) Ordinance, 1958 is hereby repealed :
Provided that notwithstanding such repeal anything done or any action taken or any legal effect produced by or under any provision of the said Ordinance shall be deemed to have been done, taken or produced by or under the corresponding provision of this Act as if such corresponding provision were in force on the day on which such thing was done or such action was taken or such legal effect was produced.
(5) If, immediately before the commencement of any provision of this Act in respect of any area or class of goods or undertakings, there is in force in respect of that area or that class of goods or undertakings, any other law which corresponds to such provision, such other corresponding law, shall, on such commencement, stand repealed.
2. Definitions. - In this Act unless the context otherwise requires, -
(a) "Assistant Controller" or "Deputy Controller" means an Assistant Controller or Deputy Controller of Weights and Measures appointed under section 13;
(b) "Controller" means the Controller of Weights and Measures appointed under section 13;
(c) "Inspector" means an Inspector of Weights and Measures appointed under section 13;
(d) "measuring instrument" means any measuring instrument other than a weighing instrument and includes any instrument for measuring length, area, volume or capacity;
(e) "mint" means a mint of the Central Government;
(f) "prescribed" means prescribed by rules made under this Act;
(g) "standard weight" or "standard 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, 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;
(h) "reference standards" means the sets of standards of mass and measure 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;
(i) "stamping" means marking in such manner as to be, so far as practicable, indelible and includes casting, engraving, etching and branding;
(ia) "transaction" means any transaction in trade or commerce and includes any assessment or declaration or determination, of quantity with reference to measurement of weight, volume, capacity, length or area;
(j) "verification" with its grammatical variations used with reference to a weight or measure or weighing instrument or measuring instrument, includes the process of comparing, checking or testing such weight or measure or weighing instrument or measuring instrument;
(k) "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 appliances.