This document summarizes the Standards of Weights and Measures (Enforcement) Act of 1985. The key points are: 1) The Act provides for the enforcement of standards of weights and measures as laid out in the Standards of Weights and Measures Act of 1976. It empowers state governments to appoint officials to ensure effective implementation. 2) Manufacturers, repairers, and sellers of weights and measures must be licensed and devices must be verified and stamped according to standards before sale. Inspectors have powers to inspect premises, seize non-compliant devices, and impose penalties. 3) Selling commodities in quantities other than declared weights or volumes is prohibited. Penalties include fines and imprisonment

1. Standards of weights and measures (ENFORCEMENT) act, 1985 Divya Raman Corporate Department

2. Introduction An Act to provide for the enforcement of standards of weights and measures as laid down by the Standards of Weights and Measures Act, 1976. This Act to be read with the Weights and Measures Act.

3. Controllers, inspectors and other officers Section 5 of the Act empowers the State Government to appoint Controllers for each State and Inspectors and other officers for the effective discharge of the duties laid down under this Act and under the Standards of Weights and Measures Act. Such officers shall be deemed to be public servant within the meaning of Section 21 of the Indian Penal Code. No action, suit or other legal proceeding shall lie against such official for any action done in accordance with this Act.

4. Other provisions No weight or measure other than the standard weight and measure shall be used by anyone in any premises. As per the provisions of this Act, any person who is using any weight or measure shall register himself under this Act. He has to register under the “Register of Users”. He shall renew the registration on expiry of the same.

5. Manufacture, repair or sale of weights and measures No person shall manufacture, repair or sale any weight or measure unless he holds a valid license so to do as per the provisions of this Act. Such license shall be in such form as may be prescribed under this Act and shall continue for a specified period after which it has to be renewed.

6. Person authorized to manufacture weights and measures shall do so according to the standards laid down by the Standards of Weights and Measures Act, 1976. No weights or measures shall be sold or exposed for sale unless the same has been verified and stamped. Every person authorized to manufacture weights and measures under this Act shall maintain such records as required and when required by an Inspector, produce such records before the Inspector.

7. Inspection, search, seizure and forfeiture An Inspector shall have the right to inspect within his jurisdiction, any weight and measure being used by a person at all reasonable times. The Inspector shall have the right to require a person to produce before the Inspector any weight or measure, which in his opinion is contravening any of the provision of this Act. Where the Inspector has reason to believe that any weight or measure liable to be seized under this Act is being hidden by a person, he may, either himself, or authorize any officer not below the rank of an Inspector to search for and seize such weight or measure.

8. Chapter ix – Sale and distribution of packed commodities within the state The provisions as mentioned in the Standards of Weights and Measures Act, 1976 relating to sale and distribution of packed commodities shall apply to the sale and distribution of packed commodities in the State. State Govt. may make rules not inconsistent with the rules made under the Standards Act for the sale and distribution of packed commodities.

9. Selling of commodities in excess of weight or measure Any custom, usage or practice whereby a person is entitled to receive any commodity in excess or less than the quantity, specified by weight, measure or number in any contract in relation to the said commodity shall be void. Similar is the provision regarding any commodity sold in number. Where a commodity is sold in heap, the seller shall announce the quantity of the commodity contained in the heap. If on weighing the said commodity, it is found that the weight of the commodity is less than the weight as announced by the seller (more than 5%), he shall be deemed to have used a false weight or measure.

10. Offences and penalties Manufacturing of weights or measures not in accordance with the standards prescribed by the Standards Act – First time imprisonment for a period not below three months but which may extend to one year; subsequently imprisonment for a period not less than six months which may extend to 3 years with fine. Counterfeiting of weights and measures – First time imprisonment not below six months which may extend to two years and subsequently imprisonment for a period of one year and which may extend to 5 years and also with fine.

11. Any person selling any commodity of a weight or measure other than the standards put forth by the Standards Act shall be punishable with fine not less than Rs. 500/- but may extend to Rs. Two Thousand and for subsequent offence, imprisonment for a period not less than 3 months but which may extend to one year and also with fine. Any person keeping weights or measures other than as per the standards, shall be punishable with fine which may extend to Rs. 2,000/- and for subsequent offence, with imprisonment which may extend to one year and also with fine.

12. Compounding of offences Any offence punishable under this Act may be compounded by the Controller or any person authorized by the Controller on payment for credit to the State Government of such sum as the Controller or such other officer may specify. No compounding possible if the offender has committed the same offence within a period of three years from the date on which the first offence committed by him was compounded.

13. Miscellaneous provisions Any successor or legal heir of a licensee under this Act shall not carry on the business as that of the original licensee unless he files an application to the Controller for the grant of license. A license issued under this Act shall not be saleable or transferable. An appeal from the decision of an Inspector or additional Controller shall lie to the Controller and from the Controller to the State Government or any person specially authorized in this behalf.

14. Legal metrology act, 2009 Has come into effect after its publication in the official gazette on the 14th January 2010. Replaces Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. The new Act will become operative after the Rules there under is also notified. Appointment of Government approved Test Centers for verification of weights and measures. Allowing the companies to nominate a person who will be held responsible for breach of provisions of the Act. Simplified definition of "Packaged Commodity and more stringent punishment for violation of provisions.

15. Legal Metrology (General) Rules, 2010. The Government of India has circulated the model draft Legal Metrology (Enforcement) Rules, 2010 for States/UTs. Meanwhile, Regional Conferences are being held for the views of different states and UTs. They expect the States to enforce the Rules by December 2010.