THE STANDARDS OF WEIGHTS AND MEASURES ACT 1956

 The Standards of Weights and Measures Act, 1956

The Standards of Weights and Measures Act, 1956 was the first enactment by which the uniform standards of weights and measures, based on the metric system were established. The standards established by the 1956 Act were based on the international system of units.

Standards of weights and measures were subsequently revised by having regard to the rapid advances made in the fields of science and technology and a practical system of units of weights and measures, suitable for adoption for all the signatories to the Metro Convention was evolved. This practical system of weights and measures was given the name “Le System International d’Units” (with its international abbreviation “SI”).

In view of the revision the Central Government constituted a Committee to consider what changes are required to be made in 1956. The Committee suggested the replacement of the 1956 Act by a comprehensive legislation on the subject.

The Standards of Weights and Measures Act, 1976

An Act to establish standards of weights and measures, to regulate inter-State trade or commerce in weights, measures and other goods which are sold or distributed by weights, measure or number, and to provide for matters connected therewith or incidental thereto.

It extends to the whole of India. It applies to commodities in packaged from which are sold, distributed or offered or displayed for sale.

Standard Units

Units of weight or measure to be based on metric system:

·         Base unit of length shall be metre.

·         Base unit of mass shall be the kilogram.

·         Base unit of electric current shall be the ampere.

·         Base unit thermodynamic temperature shall be the Kelvin.

·         Zero degrees Celsius corresponds to 273.15 Kelvin.

·         Base unit of luminous intensity shall be the candela.

·         Base unit of amount of substance shall be the mole.

·         Base unit of numeration shall be the unit of international form of Indian numerals, in accordance with the decimal system.

·         Use of non-standard weight or measure prohibited.

·         Manufacture of non-standard weight or measure prohibited.

·         No weight, measure or other goods shall bear thereon any inscription or weight, measure or number except in accordance with the standard unit of such weight, measure or numeration established by or under this Act:

The Central Government shall keep in its custody, for the purposes of this Act, such number of reference standards as may be necessary. The Act envisages the appointments of Controller and Inspectors of Weights and Measures in the States. The Central Government with the consent of State Governments is empowered to delegate some of the powers may be sub-delegated by the Controller of Legal Metrology in the States. These powers may be sub-delegated by the Controller to other officers not being less than the rank of an Inspector.

Where any goods seized are subject to speedy or natural decay, the Director or the authorized person may dispose of such goods in such manner as may be prescribed. Forfeiture. Every false or unverified weight or measure, and every false package shall be liable to be forfeited to the Central Government. Any custom, usage, etc. contrary to standard weight, measure or numeration to be void, manufacturers, etc., to maintain records and registers.

Inter State Trade or Commerce

Quantities and origin of commodities in packaged form to be declared:

No person shall –

·         Make, manufacture, pack, sell or cause to be packed or sold

·         Distribute, deliver

·         Offer, expose or possess for sale,

any commodity in a packaged form to which this Part applies unless such package bears thereon or on a label securely attached thereto a definite, plain and conspicuous declaration made in the prescribed manner, of:

1.      The identity

2.      The net quantity

3.      Where the commodity is packaged or sold by number, the accurate number of the commodity contained in the package

4.      The unit sale price of the commodity in the package

5.      The sale price of the package

Verification and Stamping of Weights and Measures sent from One State to Another

When any weight or measure sent from a transfer State for delivery and it is not required to be dismantled before its dispatch, it shall be known as a weights or measure of the first category.

If it is required to be dismantled before its dispatch to the Transferee State, it shall be known as a weight or measure of second category.

Weight or measure, whether of the first or of the second category, shall be verified and stamped unless fees for such verification and stamping have been paid in accordance with the scales specified.

Weight or measure of first category is not to be sold or used in any State unless it is stamped in the Transferor State.

Weights or measures of the second category received from Transferor State to be produced before the local inspector of the Transferee State, and the Transferee State shall verify every weight or measure to any other State to submit return to the Controller. Persons exporting or importing any weight or measure to get themselves registered. No dealer or manufacturer shall export or import any weight or measure unless he us registered.

The following rules were established after the weights and measures Act 1976:

1.      The Standards of Weights and Measures (Packaged Commodities) Rules 1977.

2.      The Standards of Weights and Measured Tenders of Weights and Measures (Approval of Model Rules), 1987.

The list of recognized laboratories shall be notified from time to time. When an application is made for the recognition of a laboratory, the Director shall, send one or more of his officers to the laboratory and obtain a report whether the laboratory:

·         Has the necessary measuring equipment

·         Has the necessary qualified staff

·         Is situated in an appropriate environment

·         Has an adequate recording system

·         Is likely to give expeditions, efficient and adequate service

·         Is ready and willing to get its equipment verified periodically

Whether they have the certificate issued by the National Accreditation Board of Laboratories (NABL)

 

3.      The Standards of Weights and Measures (Numeration) Rules, 1987

4.      The Standards of Weights and Measures (Inter-State Verification and Stamping)

5.      The Standards of Weights and Measures (Enforcement) Act, 1985

Definitions

1.      Batch: Packages where the total number of such packages does not exceed 100 & packages more than 100 but less than 10,000 of the same type & same production run combination packages.

 

2.      Dealers: A person, a firm buying, selling, supplying, distributing for cash or deferred payment.

 

3.      Drained Weight: Refers to a solid commodity contained in a free throwing liquid means the weight of solid commodity after the liquid has been drained for 2 minutes.

 

4.      Group Package: Package containing similar packaging of different brands.

 

5.      Manufacturer: One who makes the product & also one who puts the mark on the packaged commodity although not made by him.

 

6.      Maximum Permissible Error: Given in case of commodities in schedule I & II.

 

7.      Multiprice Package: One or more packaging of same product of identical quality. E.g.: toilet soap, net weight 10g each total net weight 100gm.

 

8.      Packer: Person who prepacks any commodity.

Declaration to be made on every package

·         Name, address of the manufacturers and if the manufacturers is not the packer, he name & address of both have to be given.

·         Every package shall have a local security affixed.

·         The common name of the commodity contained in the pack.

·         The net quantity in terms of standard unit of weight or the number of the commodity in the package.

·         The month & year it is manufactured or prepacked.

·         The dimension of the commodity when relevant.

·         Other matters as specified in the rules. No declaration as to month or year on package containing bidees and incense stick.

·         Bottles containing liquid milk, soft drinks, etc. which is returnable for refill.

·         Liquid milk in pouches.

·         Package with metal products.

·         LPG.

·         Chemical fertilizer. No declaration of retail sale price.

·         Veg., fruit, fish, meat.

·         Bottle containing liquid milk, beverages with milk ingredient returned for refill package containing animal feed more than 15 litres.

·         Package containing printing matter.

The height of the letter, the size, width is specified details required should be legible, prominent, definite plain & clear. Authorized person takes positive action in accordance with the provisions of the old against the manufacture or packers as the case may be.

ü  Before taking any action the authorized person shall size the package as a sample to produce as evidence.

ü  The disposal of package is done as per the code of criminal procedure.