– 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. Penalty for contravention of Sec. Part V Import And Export Of Weights And Measures Chapter I Registration Of Exporters And Importers. Explanation-For the purposes of this sub-section, any second or subsequent offence committed after the expiry of a period of three years from the date on which the offence was previously compounded, shall be deemed to be a first offence. – 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. – 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. (5) The expenses of any publication under sub-section (3) shall be recoverable from the company as if it were a fine imposed by the Court. I.R. 10 Landmark Judgements of Constitutional Law. Training at other places. 2. 30. – (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. Explanation. Explanation. (l) 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. (i) A commission agent who carries on such business on behalf of any principal. Chapter II Export And Import Of Weights, Measures And Commodities In Packaged Form, 48. Buying and selling is an important part of daily life. Prohibition with regard to inscriptions, etc.- No weight, measure or other goods shall bear thereon any inscription or indication of 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. Power to Central Government to prescribe physical characteristics, etc., of weights and measures. (1) This Act may be called the Standards of Weights and Measures Act, 1976. for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form of be of no effect, as the case may be: so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule. Power to make rules. (b) Without any reasonable cause obliterates any stamp on any such weight or measure. 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. Standard weight or measure. Penalty for contravention of Sec. (ii) An importer who sells, supplies, distributes or otherwise delivers any weight or measure to any user, manufacturer, repairer, consumer or any other person, but does not include a manufacturer who sells, supplies, distributes or otherwise delivers any weight or measure to any person or category of persons referred to in this clause. 73. Supply, etc. – (1) The base unit of mass shall be the kilogram. – 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. – 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-. (3) Every person shall, before making or manufacturing any weight or measure to which this Part applies, submit for approval of the prescribed authority, such number of models, drawings and other information relating to such weight or measure as may be prescribed: Provided that in relation to any weight or measure, to which this Part applies, which has already been made or manufactured, or which is in the process of being made or manufactured, at the commencement of this Part, models of such weight or measure shall be submitted to the prescribed authority from out of the weights or measures which have already been or which are in the process of being, made or manufactured: Provided further that in the case of a weight or measure the model whereof cannot be submitted, whether by reason of its nature or otherwise, it shall be sufficient if the drawings and other prescribed information about the weight or measure is submitted to the prescribed authority and thereupon that authority shall test the models of such weight or measure at the place where it is made or manufactured or at such other place as may be specified by the Director: Provided also that the prescribed authority may, if it is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards established by or under this Act, approve such model without any test or after such test as it may deem fit. (j) The conditions, limitations and restrictions under which non-standard weights or measures may be manufactured for export or may be exported; (k) The manner of disposal of any commodity which is subject to speedy or natural decay; (l) Class of goods or undertakings in relation to which, or class of users in relation to whom, no transaction, dealing or contract shall be made or had except by specified weight, measure or number; (m) Registers and records to be maintained by persons referred to in Sec. (3) Notwithstanding anything contained elsewhere in this Act, in relation to any goods which are exported-, (b) Issue of any price list, invoice or cash memo. Repeal and savings. – (1) The base unit of thermodynamic temperature shall be the Kelvin. –. 34,198 1. of companies convicted', Provisions of Indian Penal Code not to apply to any offence punishable under this Act, Establishment of a Training Institute and provisions for training there at, Conversion of non-metric weights and measures into standard units of weights or measures, Non-metric weight or measure not to be mentioned in any document, etc. Penalty for contravention of Sec. Explanation. Short title, extent and commencement . (11) If the prescribed authority is of opinion that the substitute material referred to in sub-section (10) is not suitable and that there is available in India any other material which is more suitable, that authority shall intimate its findings to the Central Government and also to the manufacturer, and thereupon the manufacturer shall not manufacture the weight or measure with any material other than the material recommended by the prescribed authority until the material which was originally approved by the prescribed authority becomes available in India: Provided that where, in the opinion of the Prescribed authority, the substitute material referred to in sub-section (10) is not suitable and no other suitable material is also available in India, the approval in relation to the model shall stand suspended until a suitable material becomes available in India.
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