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Standards of Weights and Measures (Enforcement) Act, 1985


72. Power to make rules.-

1.     The State Government may, by notification and after consultation with the Central Government, make rules to carry out the provisions of this Act.

2.     In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:--

a.     the class of goods, services, undertakings or users in relation to which no transaction, dealing or contract, or industrial production or use for protection shall be made or had or undertaken except by such weight, measure or number as required by section 10;

b.    the places at which, and the custody in which, the following standards shall be kept, namely:--

                      i.        reference standards,

                     ii.        secondary standards,

                    iii.        working standards, is required by section 12 and sub-section (5) of section 14;

c.     the form and details of particulars for identification of weight or measure referred to in sub-section (2) of section 15;

d.    the time within which an application referred to in sub-section (1) of section 17 shall be made, the particulars which such application shall contain and the form and manner in which such application shall be made;

e.     the form and manner in which the register referred to in sub-section (2) of section 17 shall be maintained;

f.     the form and manner in which an application shall be made under sub-section (3) of section 17;

g.    the form in which an application shall be made for the issue or renewal of a licence to carry on business as a maker, manufacturer, repairer or dealer of any weight or measure, as required by sub-section (4) of section 19;

h.     the form in which and the conditions, limitations and restrictions subject to which any licence may be issued and the period of validity of such licence, as required by sub-section (2) of section 19;

i.      the sum to be furnished by a repairer as security as required by sub-section (7) of section 19;

j.      the description of weight or measure which may not be sold by a user except with the written permission of the Controller as required by sub-section (8) of section 19;

k.     the manner of disposal of weights or measures after cancellation of licence and the distribution of proceeds thereof as required by sub-section (5) of section 20;

l.      the records and registers relating to weights or measures to be maintained in pursuance of the provisions of sub-section (1) of section 23;

m.   the period within which weights or measures shall be verified or re-verified as required by sub-section (2) of section 24;

n.     the steps to be taken for verifying and weight or measure which cannot, or should not, be moved from its location, as required by the proviso to sub-section (3) of section 24;

o.    the form in which a certificate of verification of any weight or measure shall be granted as required by sub-section (4) of section 24 and the form in which the certificate referred to in sub-section (5) of section 24 shall be issued and the details which such certificate shall contain, as required by sub-section (6) of section 24;

p.    the manner of disposal of seized articles which are subject to speedy or natural decay, as required by the proviso to sub-section (1) of section 31;

q.    the time within which an unverified weight or measure seized under this Act may be permitted under the proviso to section 32 to be verified and stamped;

r.      the manner in which, and the conditions, restrictions and limitations subject to which,--

                      i.        any commodity intended to be sold or distributed, within the State, shall be packaged, or

                     ii.        the sale or distribution of any commodity in packaged form shall be made within the State, as required by sub-section (2) of section 33;

s.     the manner of obliteration of stamps on rejected weights or measures, as required by the proviso to section 54;

t.      the form in which appeals may be preferred under section 69 and the procedure for the hearing of appeals;

u.     the amount of fees which may be levied and collected for each of the matters specified in section 70;

v.     any other matter which is required to be, or may be, prescribed.

3.     In making any rule under this section, the State Government may provide that a breach thereof shall be punishable with fine which may extend to one thousand rupees.

4.     The power to make rules under this section shall be subject to the condition of the rule being made after previous publication in the Official Gazette.

5.     Every rule made under this section shall, as soon as may be after it is made, be laid before each House of the State Legislature where there are two Houses, and where there is one House of the State Legislature, before that House.



Standards of Weights and Measures (Enforcement) Act, 1985 Back




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