The Standards of Weights & Measures(Enforcement) Act of 1985:

1. The Standards are established by the Standards of Wwights and Measures Act of 1976. The Standards of Weights and Measures (Enforcement) Act of 1985 is enacted by the Central Government with a view to enforcing the Standards of Weights and Measures. The basic objective of the SWM(Enf.) Act are :

(a) Extension of Legal Control to cover commercial transactions and industrial mea

Measurements

(b) Creation of an effective enforcement Machinery in the State

(c) Regulation of manufacture, repair and sale of Weights and Measures

(d) Periodical verification as to accuracy of Weithts and Measures

(e) Regulation of pre-packed Commodities with Statutory declaration so that the consumers are not deceived

(f) Regulation of Sale of comodities sold by heap or non-standards Weights and Measures

(g) Regulation of licencing procedure for Weights and Measures

(h) Penal measures for offences arising out of violation of provision of Acts and Rules

2. Just to cope with the above mentioned objectives the Standards of Weights and Measures (enf.) Act was put to operation on and from 1.7.90 in the State of West Bengal. The said Act consists of 12 chapters and 75 Sections. Chapter-I deals with preliminary concepts and overriding effect. Chapter-II deals with Appointment of Controller of Legal Metrology, Asst. Controller of Legal Metrology and Inspectors of Legal Metrology, Chapter-III General in relation to Standards Weights and Measures, Chapter iv- custody and verification of Standard equipments, Chapter-v Registration of user of Weights and Measures, Chapter-vi - manufacture, repair and stamping of Weights or Measures, chapter-vii- verification and stamping of Weights or measures, Chapter-viii- Inspection, search, seizure and forfeiture, chapter-ix- Sale and distribution of pre-packed commodities, chapter- x- sale by heap, chapter-xi- Offences and penalty and chapter-xii- deals with Miscllaneous items.

3. In order to provide basic knowledge basic in this area brief analysis of Section 5,6,8,9,11,14,19,20,21,22,23,24,25,27,28,29,30,31,32,33,34,35,58,62,63,64,65,66,67,69,74 and 7d is made hreafter :

4. Section 5 : In exercise of the powers conferred under section 5(1), of the Act, the State Govt. appoints CLM, DCLM, ACLM and ILMs. Section 5(3) authorises the Controller of Legal Metrology to define local limits within which the DCLM, ACLM and ILMs are exercise power and to discharge the duties.

5. Section 5(4) provides that DCLMs, ACLMs and ILMs are to function under the General superintendance, direction and control of the Controller of Legal Metrology.

6. Section 6: The ILMs are statutorily authorised to adjust andy weight or measure if such authentications is made by the CLM,WB

7. Section 8 : The ILMs are declared public servants under section 7 of the Act. In terms of Section 8, as a public servants for any action in good faith, no suit or presecution will lie against the ILMs.

8. Section 9 : The use of non standard weights : Weights and Measures are prohibited under section 9 of the Act.

9. Section 11 : Section 11 prohibits anotation etc. otherwise than in terms of Standard Weights and Measures. No person should quote price, issue or exhibit any price list, mention any weight or measure, indicate the net quantity or express any quantity otherwise than in accordance with the Standard Weight or Measures.

10. Section 14: Section 14(1) provides that every working standard is required to be verified by the Controller of Legal Metrology annually and a certificate of verification is required to be issued.

11. Section 19: Section19(1) provedes that no person shall make, manufacture, repair or sell or offer any weight or measure unless he holds a valid Licence issued by the Controller of Legal Metrology, The only exception is that a bonafide owner may repair the weights even though he does not possess any licence.

12. Section 19(2) provides that the license be issued in prescribed form on payment of license fees and such license is valid for such period as may be prescribed. Usually the license is valid for a period of one year and that license is renewable from time to time. Such license may contain prescribed conditions and instructions.

13. Section 19(3) provides that renewal application be made in prescribed form at least one month before the expiry of the period of validity of License.

14. Section 19(4) Provides that every person who intends to comments business as a maker, manufacturer, repairer or sellor is required to make an application in prescribed form and on apyment of prescribed fees. Similarly the renewal application may be made at least one month before the expiry of the period of its validity.

15. Section 19(5) authorises the Controller of LM to condone the delay of one month on payment of additional fees. The prescribed fee for license to manufacture is Rs.500/- amd tjat fpr re[aor amd dea;er Rs/ 100/-/

16. Section 19(6) provides that no application for the issue or renewal of licence shall be rejected a) Unheard (b) application time-bar (c) false statement submitted and so on.

17. Section 19(9) provides that the license should be displayed in a conspecious place in the premises where the licensee barried on his business.

18. Section 20 : Section 20 provides that pending completion of enquiry the Controller may suspense any license if there is good ground to believe that the holder of the license has make false statement or contravent any provision of the laws after giving an opportunity of heard to the holder. The enquiry is required to be completd within a period of three months from the date of suspension. Otherwise suspension will stand vaccated.

19. Section 20(2) provides that if the allegation is found correct the license may be cancelled by the Controller.

20. Section 20(3.) provides that during the period of suspension the licensee should not function

21. Section 20(4) provides that in case of suspension or cancellation the licensee is to surrender such license to the Controller.

22. Section 20(5) provides that in case of cancellation a grace period not exceeding three months is allowed to licensee to dispose of the Weights or measures in his possession.

23. In case of failure Controller is authorised to seize and dispose of cand to deposit the sale proceed to Government account.

24. Section 21 - Section 21 provides that nobody should manufacture non standard weights & measures.

25. Section 22 - Section 22 prohibits sale or use of unstamped weight or measures.'

26. Section 23 - Section 23 provides that every licence holder is to maintain such records and such registers as prescribed and he is bound to produce such records and registers to Inspector of L.M. on demand.

27. Section 24 - Section 24 provides that the user of weight or measure in any treansaction or industrial production or protection or protection is required to get those verified and stamped at such place and such hour as the Controller may order. The weight or measure is exclusively on domestic purposes is not required to be verified. '

28. Section 24(3) states that the Inspector is to be verified and stamped the weight and measure at such place and such time as he determined if he is satisfied that such weights and measures conform to the standard.

29. Section 24(4) provides that the Inspector is to issue certificate of verification in the prescribed form

30. Section 24(5) authorises Controller to exempt same weights or measures in special cases from stamping.

31. Section 25: This section provides that certificate of verification is to be displayed in a conspicious place.

32. Section 26: It deals with validity of Weights and Measures duly stamped. Section 26(I) provides that the stamping by an ILM is valid through out the State, But in case of dismantled and re-instacted weights or measures, restamping is required. Section 26(3) provides that the weights or measure repaired by the licensed repairer be not put to use without re-verification.

33. Section 27 : The power of inspection is vested with the Inspectors of L.M. in their respective jurisdiction under section 27(1). The Inspectors of Legal Metrology may inspect and test at all reasonable time any weight or measure.

34. Section 28: This section provides that the ILM is authorised under section 28(1) to require any person using the weights and measures to produce such weight or measure for inspection.

35. Section 28(2) provides that the ILM may also require production of every document or other record..

36. Sub-section (3) of the section empowers the ILMs to obliterate the weight or measure in given condition after sending notice upon the user.

37. Section 29: Section 29 empowers the ILMs to enter into the premises where there is every possibility of commission of any offence under the Acts.

38. Section 30: Under Section 30 the CLM is empowered to search or authorise any officer not below the rank of ILM to search for and seize any weight or measure, document or thing if he is convinced that there is possibility of commission of any offence. In other words CLM is empowered under section 30 to issue search warrant.

39. Section 31: Under section 31(1) an Inspector may seize and detain any weight or measure in relation to which an offence is going to be committed and may also seize and detain any goods sold in violation of laws relating to Weights and Measures.

40. It also provides that the ILM is authorised to dispose of any seized articles subject to speedy or natural decay and to deposit the sales proceeds in Government account.

41. Section 31(2) extends such power to seize the related documents.

42. Section 32: This section deals with the provision relating to forfeiture. It states that every false weight or measure seized under section 31 is liable to be forfeited to the Govt. if the user fails to get it reverified and stamped within seven days or so.

43. Section 33 : It relates to pre-packed commodity

44. Section 34: Section 34 provides that custorn or usage requiring delivery of additional quantities will start ceasing from the date of commencement of the Act.

45. Section 35: It deals with sale by heap. The sale by heap is permissible if approximated quantity and price is notified. If the short is more that 5% it will tentamount to use of false weight or measure.

46. Section 36 to 57 : These sections relate to offences and penalties. These are briefed in annexure-A.

47. Section 58 : It deals with vexatious search. Section 58 provides that if an Inspector or any other officer authorised knowing fuly well that there is no reasonable ground to search or seize, his such action tentaamounts to vexatious search and he is liable to be punished with imprisonment for a term not exceeding one year and with fine not exceeding Rs.2,000/- or with both.

48. Section 62: This section deals with the offences committed by a company. Here company means any body corporate and includes a firm or association of individuals. Director includes the partner. Section 62(1) provides that in case of offence committed by the Company, the Company itself and the person(s) responsible to conduct the business are to be considered as offender. Sub-section (2) provides that the Director, Manager, Secretary or other officers are also liable to be included as offenders.

49. Section 63: There are two type of offences Compoundable and non-compoundable. For non-compoundable offences the ILMs are to directly file prosecution in the Court of Law. In case of compoundable offences, if not requires authorisation of Controller of L.M. Section 63(b) provides that no court inferir to that of a Metropolitan Magistrate or a judicial Magistrate of the first class shall try any offence punishable under this Act.

50. Section 64: Section 64 provides that offence punishable under section 36 , 38, 39, 40, 41, 42, 45, 51, 52 or 72( 3 may be tried summarily.

51. Section 65: The Controller is empowered under section 65(1) to compound the offence punishable under section 39, 40, 41, 42, 44, 45, 46, 47, 48, 51, 52, 54, 59 or 72(3) or under rule either Before or After the Institution of Presecution. In terms of section 65(1) the Controller of Legal Metrology may authorise DCLM, ACLM etc. to compound the said offences. The compounding process is subject to the conditions that (1) compounded sum shoul.d not exceed the maximum amount of fine prescribed (2) The person has not committed any such offenceduring the last 3(three) years (3) this is the first offence.

52. Section 65(3) provides that if the offence is compounded, no proceeding or further proceeding will lie and if the seized article is in custody, this should be discharged forthwith.

53. Section 66: It is an overriding section. It provides that the provisions of IPC will not apply in case of offences relating to Wights and Measures punishable under this Act.

54. Section 67: This relates to transfer or transmission of business.

55. Section 68: It provides that a licence issued or renewed under this Act is not sealeable or otherwise transferable

56. Section 69: This section deals with Appeal provisions. It provides sub-section that every decision given or order made by the ILM or ACLM or DCLM under chapter v to x of this Act is appealable before the CLM. In case of decision given or order made by CLM, the appeal shall lie before the Govt. provided such decision is not passed by the CLM in the capacity of Appellate Authority.

57. Section 69(2) provides that every such appeal shall be preferred within 60 days from the date of decision or order appealed against.

58. It also provides that the appellate authority may condone the delay under section to 60 days in special cases.

59. Section 69(5) of the Act provides that the State Govt. may call for and examine the record of proceeding as to correctness, regularity etc.

60. Section 74: It contains the exemption clause. This section provides that Weights and Measures used in Ordance factory, Army Head-quarter, Scientific in Scientific investigation or Research do not require Verification and stamping. If weights and measures manufactured exclusively for export are also exempted from stamping and verification.

61. Section 75: It deals with repeal and sailingclause.