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act 002 of 1889 : Measures of Length Act, 1889 [Repealed]

Measures of Length Act, 1889 [Repealed]

ACTNO. 2 OF 1889
02 March, 1890

[Repealed by Act 89 of 1956, Section 18(1), w.e.f. 1-4-1960]

An Act to declare the imperial standard yard for the United Kingdom to be the legal standard measure of length

2[* * *]

Whereas it is expedient to declare the imperial standard yard for the United Kingdom to be the legal standard measure of length 3[* * *]; It is hereby enacted as follows:

Section 1. Title, extent and commencement

This Act may be called the Measures of Length Act, 1889

(2) It extends to the whole of India except 4[the territories which, immediately before the 1st November, 1956, were comprised in Part B States];and

(3) It shall come into force on such 5day as the Central Government may appoint in this behalf.

Section 2. Standard yard

The imperial standard yard for the United Kingdom shall be the legal standard measure of length in 6[Part A States and Part C States] and be called the standard yard

Section 3. Measure for determining length of standard yard

A copy, approved by the 7[State Government], of the imperial standard for determining the length of the imperial standard yard for the United Kingdom shall be kept in such place within the limits of the 8[State] as the 9[State Government] may prescribe, and shall be the standard for determining the length of the standard yard:

10[Provided that, until action is taken by the State Government under this section, the copy of the imperial standard yard approved by the Central Government before the 11commencement of Part III by the Government of India Act, 1935 (26 Geo. 5, c. 2.), and kept in the place within the limits of the town of Calcutta prescribed before that date by the Central Government shall be the standard of determining the length of the standard yard in each, State.]

Section 4. Standard foot and inch

One-third part of the standard yard shall be called a standard foot, and one-thirty-sixth part of such a yard shall be called a standard inch.

Section 5. Presumption in favour of accuracy of certified measures

Any measure having stamped thereon or affixed thereto a certificate purporting to be made 12[before the 26th January, 1950, by any Provincial Government or on or after that date under the authority of the State Government], and stating that the measure is of the length of the Standard yard or that a measure marked thereon as a foot or inch is of the length of the standard foot or standard inch, as the case may be, shall, when produced before any Court by any public servant having charge of the measurer in pursuance of any direction published in an Official Gazette 13[by order of the State Government], or by any person acting under the general or special authority of such a public servant, be deemed to be correct until its inaccuracy is proved.

Section 6. Inspection of certified measures by the public

A public servant having in pursuance of such a direction charge of such a measure as is mentioned in the last foregoing section shall allow any person to inspect it free of charge at all reasonable times and to compare therewith or with any measure marked thereon any measure which such person may have in his possession.

Section 7. Certified measures to be kept by authorities required by existing enactments to keep measures of length

There shall be kept by the Commissioner of Police in the Town of Calcutta under Section 55 of the Calcutta Police Act, 1866 (Bengal 4 of 1866), 14[* * *] by the Commissioner of Police in the City of Madras under Section 32 of the Madras City Police Act, 1888 (Madras 3 of 1888), by the Municipal Commissioner in the City of Bombay under Section 418 of the City of Bombay Municipal Act, 1888 (Bombay 3 of 1888), and by the District Magistrate under Section 20 of Regulation XII of 1827 of the Bombay Code, such certified measures of the standard yard, standard foot and standard inch as are mentioned in Section 5.

1. This Act has been repealed in its application to Bombay Presidency by the Bombay Weights and Measures Act, 1932 (Bombay 15 of 1932), in the Punjab in such areas in which the Punjab Weights and Measures Act, 1841 (Punjab Act 12 of 1941) has been brought into force and in Orissa in such areas in which the Orissa Weights and Measures Act, 1943 (Orissa Act 7 of 1943) has been brought into force.

2. The words in the Provinces omitted by the A.O. 1950.

3. The words in the Provinces omitted by the A.O. 1950.

4. Substituted by the Adaptation of Laws (No. 2) Order, 1956, for Part B States .

5. 15-6-1889, see Gazette of India, 1889, Part I, p. 305.

6. Substituted by the A.O. 1950 for the Provinces .

7. Substituted by the A.O. 1937 for G.G. in C. .

8. Substituted by the A.O. 1937 for town of Calcutta .

9. Substituted by the A.O. 1937 for G.G. in C. .

10. Added by the A.O. 1937.

11. Part III of the G. of I. Act, 1935, came into force on 1-4-1937.

12. The words under the authority of the G.G. in C. or of a L.G. successively substituted by the A.O. 1937, by the A.O. 1950 and the Adaptation of Laws (No. 2) order, 1956 to read as above.

13. Substituted by the A.O. 1937 for by order of the G.G in C. or the L.G. .

14. The words and figures by the Commissioners in Calcutta under Section 370 of the Calcutta Municipal Consolidation Act, 1888, omitted by Act 24 of 1934, Section 2 and Schedule I.