The 27th May 2959
No.LJL .21/57 .—The following Act of the Assam Legislat ive Assembly which received the as .en t of the Preside nt is hereby publi shed for general information.
(R eceiv ed the as se nt o f t he Pr es iden t on th e 24th Ma y 1959) ASSAM ACT No.XIX OF 1959
TH E ASSAM WE IGH TS AND MEA SURES (ENF OR CE MEN T)
AC T, 1958
(Passed by the Assembly) [Published in the Assam Gazette, Ext raor dina ry, date d the 28th May 1959} An
Act
to provide f o r the enforcement o f Stan dards o f Weig hts and Measures Ac t, 19 56 ■- {Centra l Ac t 89 o f 19 56 ) an d fo r mat ters connected ther ewi th.
P re am ble .— Whereas it is expedien t to enforce the Standards of Weights and^M easures Act, 1956 (Centra l Act 89 of 1956) in the Sta te of Assam and other matter s connected ther ewi th J
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It is hereby enac ted in the N inth Year of the Rep ubl ic of India aS follows :—
CH AP TE R I
Pre lim in ar y
1. Sh or t ti tl e , ex te nt an d co m m en cem en t. —(1) This Act may be called the Assam Weights a nd Measu res (Enforcement) Act , 1958.
(2) It extends to the whole of Assam.
(3) It shall come into force on such da te as the S tate Governme nt may, by notification in the Official Gazet te, appoint ; and diffe rent dates may be app oin ted for d ifferent provis ions of this Act or for d iffe rent are as or for diffe rent classes of underta kings or for differen t classes of goods.
2. D ef in it io ns. — In this Act, unless the context othe rwise requires,—
(a) " Com mercial weight or measure" means a weig ht or measure purport ing to be a sta ndard weig ht or measure used in any tran sac tion for trade or comm erce ;
(b) " Controlle r" means the Contro ller of Weights and Measures app oin ted under section 15 ;
ft) " Inspec tor" means an Inspec tor of Weights and Measures app oin ted under section 15 ;
(d) " M in t" means the m int of the Central Government eith er in Bombay cr in Ca lcu tta ;
(«) " Pre scr ibed" means prescribed by rules made under this Act ; ( / ) " Standard weigh t or mea sure " means any unit of mass or mea sure referred to in sub-section (1) of section 13 of the Standards of Weights an d Measures Act, 1956 (Cen tra l Act 89 of 1956) and includes any oth er weight or measure p erm itte d to be used by the Central Government in pursuance of sub - section (1) of section H o f the said Act ;
(g) " Reference sta ndard s" means the sets o f standard weigh ts and measures supplied to the State Governme nt by the Central Government in pursuanc e of sub-sect ion (2) o f sect ion 15 of the Sta ndard s of Weights and Measures Act, 1956 (Ce ntral Act 89 o f 1956);
(A) "Stam ping " means marking in such manne r as to be so far as pract ica ble , indelib le and inclu des cast ing, eng raving , etching and br an ding ;
li) " Verific ation" with it s g ram matica l var iations used with reference to a weight or mea sure or weighing or mea suring ins trument, includes the process of comp aring , check ing or test ing such weight or measure or weighing or mea suring ins tru me nt and also includes re-verifica tion ;
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( j) "Weighing instr um en t" means any ins trument for weighing and includes scales with the weights belonging the reto , scale-beams, , balances, spring bala nces, steel yards an d oth er weighing mac hine s ;
(k} " Measuring in strum ent" means any measuring ins tru me nt other 5 than a weighing ins trument and includes any ins tru me nt for measuring leng th, are a, volum e or capacity.
CH AP TE R II
St an da rd W ei gh ts an d M ea su re s
3. W or ki ng Sta nda rd s.— (1) For the purpose of ver ifying the correct- ness of commercial weights and measures and weighing and measuring - inst ruments used in transac tion s for tra de or comm erce, the Sta te Govern- ment may cause t o be prepar ed as many sets of au the nti ca ted sta ndard weights and measures as i t may deem necessary to be called the working standard s, and specia l sets of working standa rds in relation to bull ion inc lud ing prec ious stones.
(2) Th e working stan dards shall be made of such ma ter ial and accord- ing to such designs and specifications and shall be pre pared by such agency and shall be stam ped and au the nti ca ted by such person o r au tho rity and in such ma nner as m ay be prescribed.
(3) Th e working sta ndard s sha ll be kep t a t such places, in such custody and in such man ne r as may be prescribed.
(4) A working sta ndard shall be verified with the seco ndary sta ndard and marked by such persons, at such places, a t such inte rva ls and in such manner as may be pre scr ibe d:
Provided th at a working sta ndard in relatio n to bul lion and precious stones shall be verified with the reference standa rd. (5} A working sta ndard which is not so verified and marked within the prescribed per iod shall not be deemed legal or be used for the purposes of this Act.
(6) A working sta ndard which has become defect ive shall no longer be legal or be used for t he purposes of this Act , unt il it has been verified and marked in the prescr ibed manne r.
4. Se co nd ar y sta n d ard s. —(1) For the purp ose of verifying the / correctness of the working standa rds , the Sta te Government m ay cause to be pre pared at the Mint as man y sets o f au the nt ica ted sta nd ard weights and measures as it may deem necessary to be calle d the second ary standard s.
(2) The secondary standard s shall be made of such ma ter ial and according to such design and specifications as m ay be prescribed and shall be stam ped and authe nti ca ted by such person or autho rity as the Cen tral Government may d irect.
(3) Th e secondary sta ndard s shall be kept at such places , in such custody an d in such ma nner as may be prescribed.
(4) A secondary sta ndard shall be verified with the reference sta ndard at leas t once i n every period of five years and shall be marked with the d ate of veri ficat ion in the prescribed manner by such person or authority as the State Government may direct.
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(5) A secondary sta ndard which is not so verified an d marked within the aforesaid period shall not be deemed legal an d shall not be used for the purposes of this Ac t.
5. R ef er en ce st an d ard s. —Th e reference stan dards shall be kep t at such places , in such custody and in such mannei- as the Sta te Go ver nm ent may direct.
6. St an da rd w ei gh in g an d m ea su ri ng in str u m en ts .— (1) For the purp ose of verifying the correc tness of comm ercia l weights an d measures and of weighing a nd m easu ring inst rum ents used in transac tion s for trade or commerce, the S tate Governmen t may cause to be pre pared as ma ny sets o f weighing and measu ring instr uments as it may deem necessary .
(2) Such inst rum ents shall be of such kin d, kept in such num ber and shall be verified an d stamped in such ma nner as may be prescribed.
(3) Such inst ruments shal l be kep t at all places where secondary sta nd ard or work ing sta ndard s are kep t.
7. Pro hib it io n o f u se o f w eig h ts an d m easu res ot her th an st an dar d w eig h ts an d m easu res. —(1) Notwithstand ing anyth ing con- tained in any o the r law or any custom, usage or practic e, no un it of mass or measure, other than the sta ndard weigh ts or measures shall b e used in any tran sac tion for tra de or commerce or any dea ling or contr act or for
any work to be done or goods to be sold or delivered in any are a or class of goods or undertakin gs in respect of which this Act has come into force.
(2) Any custom, usage, practic e or method of wh ate ver na tu re which permits in any trade , a trader, seller o r buyer to dema nd, receive or cause to be dem and ed or received any qu an tity of ar tic le in excess of, or less t ha n, the qu an tity fixed by the weight or measure by which the contr ac t or dea ling in respect of the said arti cle has been mad e, shall be void.
Any tran saction , dea ling cr contr act made or had afte r the exp iry of six mon ths from the commen cem ent of this Act shal l, in so fa r as i t cont ravenes the provisions of sub-section (1), be void.
8. Pow er to pre sc ri be th e u se o f w ei ghts on ly , or m easu res on ly , in ce rt ai n ca ses .— (1) Notwi ths tan ding any thing con tain ed in this Act , the Sta te Government may , by noti ficat ion in the Official Gazet te, direct that in any specified trade or class of trade s no tran sac tion , dea ling or con- tra ct shall be mad e or had excep t by weight only, or except by measure only.
(2) A notifica tion issued under this section shall take effect in such area , with effect from such date, and subjec t to such conditions , if any, as may be specified the rein.
CH AP TE R II I
V er if ic at io n an d Sta m pin g o f W ei gh ts a nd M ea su re s
9. M ar ki ng o f den om in ati ons on co m m er ci al w ei ghts an d m e a s- ure s. — Every weig ht or measure ma nufac tur ed for use as a commercial weight, or measure shall bea r the des crip tion of the weig ht or measure which it purpo rts to be marked legibly on it in such manner as may be prescribed.
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10. Pro hib it io n o f sa le o f unst am ped co m m er ci a l w eig h ts an d m easu res .— No comm ercial weigh t or measure or we ighing or measu ring inst rum ent shall be sold o r delivered unless it has been verified or re-veri- fied in accordance w ith the rules mad e under this Act and stam ped in the prescribed ma nner by an Inspec tor with s tamp of verification.
11. Pro hib it io n o f u se o f unst am ped co m m er ci a l w eig h ts or m easu res. —No weight or measure o r weigh ing or mea suring ins trume nt shal l be used in transa ction in trade or comm erce unless it has been veri- fied or re-verified in accordance with the rules mad e under this Act and stam ped in t he prescribed ma nner by an Inspec tor , wi th a stam p of veri - fication.
12. Pow er o f St at e G ov er nm en t to ex em pt.—Where the size of a com meicia l weight or measure render s it imp rac tica ble to have any den o min atio n marked on it under the provisions of section 9 or to be stam ped under the provisions o' section 10 or section 11, the Sta te Governmen t may, by notifica tion in the Official Gazet te, exem pt such weights or measures from being so stam ped.
13. P ro hib it io n o f m an ufa ct ure s, et c , o f w eig h ts an d m easu res w it hout li ce nse .— No person shall , in course of tra de , ma nufac ture, rep air or sell any comm ercial weight or measure or any weighing or measuring ins tru me nt, unless he has obtained in the prescribed manner a license in this behalf from the Sta te Governme nt or any officer authorised by such Gov ernmen t.
14. M ar king o f w ei ght or m ea su re on se ale d co n ta in er s. — No
person shall sell, offer for sale, expose for sale, or have in his possession for sale, any a rtic le notified in this beh alf by the State Governme nt in the Official Gazette and con tained in a sealed package or conta ine r unless such package or con tain er bea rs thereon, or on a label securely attach ed thereto, a descrip tion of the net weight or measure of the arti cle con tain ed therein.
15. A ppoi ntm en t o f C on tr ol le r, A ss is ta n t C on tr ol le rs an ti In sp ect ors .— (1) Th e Sta te Governme nt may appo int a Con trol ler of Weights an d Measu res for the Sta te and as many Assistant Con trol lers and Inspectors of Weights and Measures as may be necessary for exercis ing the powers an d disch arging the duties confe rred or imposed on them by or under th is Act.
(2) The Sta te Gov ernment may, by general or special orde r, define the local limits with in which each Assistan t Contro ller and Inspecto r shall exe r- cise the powers and discharge the duties conferred o r imposed on them by or under this Act.
(3) Subject to the provisions of this Act, all Assistan t Con trol lers of Weights an d Measures and Inspectors shall perfo rm the ir funct ions under the gen eral superin tendence an d control of the Con trol ler, and Con troller an d the Assistant Controllers of Weigh's and Measures may , in addit ion to the powers and duties confe rred or imposed on them by or unde r this Act, exercise any power or discharge any duty so conferred or imposed on Inspectors .
16. V er if ic at io n an d st am pin g by In sp ecto rs. —(1) Every Inspec - tor shall , for the purpose of verifica tion of weights and measures and weighing and measuring ins truments , att end at such place and time within his jurisdic tion as m ay be app oin ted in this behalf by the Controller.
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(2) The Inspec tor shall verify every weigh t, or measure or weighing or measuring inst rum ent which is brough t to him for the purp ose of verifica- tion and if he finds such weight or measure or weigh ing or m easu ring in st ru - ment correct and in conformity with the Standards of Weights and Mea- sures Act, 1956 (Centra l Act 89 of 1956), and the rules made the reunde r, he shall stam p the same with a stamp of verification in the prescribed ma nner.
17. Pow er to in sp ect, etc .— (1) An Inspecto r may , within the area under his jurisdict ion , inspect at all reasonable times , the weights, measures and weighing and measuring ins trument which are used in tran saction for trade or commerce or are in the possession of a ny person or are on any pr e- mises for such use an d may verify every such weight o r measure or weighing or measuring in strument with a secondary or working standard or weighing or mea suring i nst rum ent presc ribed for the purpose.
(2) For the purpose of verifying the correctness of any weight or mea- sure used in any tran sac tion , an Inspec tor may also verify the w eigh t or measure o f any art icle sold or delivered in the course of the transact ion.
(3) An Inspec tor a ctin g under sub-section (1) may, at all reasonab le times, req uir e any tra de r or any employee or agent of a tra de r to produce before him for inspection all weigh ts, measures, weighing and measuring inst rum ents which are used by him or are in his possession or are kept on any premises used for trade and all documents and records relating the reto and suc h tra de r, employee or age nt shall comply with such requirements.
(4) An Inspec tor may seize and deta in any weig ht or m easu re or weigh- ing or m easu ring ins trument rega rding which an offence under this Act app ears to have been committ ed or which appears to have been or which mig ht be used in the commission of such an offence, and may a lso seize and de tai n any arti cle sold or delivered or caused to be sold or delivered by means of such weig ht or measure or weighing or measuring ins trument toge ther with any documents or records rela ting thereto.
(5) Where an Inspector has reason to believe th at a sealed package or conta ine r of an arti cle notified under section 14 does no t actu ally con tain the ne t weig ht or measure of the article which it purport s to con tain , the Inspec tor may break ope n i he sealed package or con tain er and verify its con ten ts, and if, on such verification, the net weigh t or measure of the arti cle is found to be correct, the Inspec tor shall re-seal the package or con tainer where it is possible so to do without inju ry to the contents the reo f and at tach a certificate thereto s tating the corre ct weight or measure of the art icle, bu t if, on the o the r hand, the ne t weight or measure of ar ticle is foun d to be incorrect , the Inspec tor rr ay seize and detain the package or conta ine r and the arti cle contained ther e n.
(6) For the purpose of such inspection , an Inspec tor m ay, at a ll reason- able time s, en ter in to any place where weights, measures or weighing or measuring ins trument are used or kept for use in transa ctio n for tra de or comm erce and inspect such weights and measures and weighing an d mea- suri ng inst ruments .
18. Pow er o f In sp ec to r to ad ju st w eig h ts or m easu res. — Where it appears to the Sta te Governmen t desirable th at an Inspec tor should be allowed in any are a to adjust the weights or measures or weighing or me a- suring inst ruments , it may, if i t thinks fit authorise such Inspec tor to adjust weights and measures or such inst ruments accordingly .
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19. M an ufa ct ur er s, e tc ., to m ain ta in re co rd s an d d o cu m en ts .—
(1) Every manufac turer, rep air er or dea ler in weights and measures or weigh ing or measuring ins trume nt, an d every person using them in tr an - saction for trade or commerce shall ma intain such records and accounts as may be prescribed and if requi red so to do by an Ins pecto r, shall pro duc e such records and accounts before him,
(2) Notwithstanding any thin g con tain ed in sub-section (11, if the Sta te Governme nt is of opin ion th at h aving rega rd to the na tur e of business car ried on by any person referred to in sub-section (1), it is necessary so to do, it may , by order, exempt such person or class of persons from the ope ration of th at sub-sec tion.
20. Appea ls .— (1) Sub jec t to the provisions of sub-section (2), an appea l shall lie—
(a) from every decision of an Inspec tor unde r this Act, to the Assis- tant Controller, and f rom every decision of the Assistant Con - troll er to the Con trol ler;
(b) from every decision of the Con trol ler und er this Act, not being a decision m ade in appeal under clause (al , to the Sta te Govern- ment or any author ity specia lly author ised in this behal f by the Sta te Governm ent.
(2) Every such appea l shall be preferred within thi rty days from the date of service of the decision on the person concern ed.
(3) Every appeal to the Assistan t Controller shall be affixed by a Co urt fee stam p of rupees four and every app eal to the C ontro ller or to the Sta te Governm ent or to any autho rity specially authorised by the State Governme nt under clause (b) of sub-section (I) shall be affixed by a Co urt fee s tam p of rupees ten.
(4) On rece ipt of any such ap pe al, the app ella te autho rity shal l, aft er giving the appellant a reas onable opp ortunity of being hea rd and afte r making such enquiry as i t deems pro per decide the app eal .
21. Lev y o f fe es. —Th e Sta te Gover nment may charge such fees for the g rant o f licenses under section 13, for manufac ture, rep air or sale of com mercial weights and measures and weighing and measuring inst rum ents as may be prescr ibed.
22. V al id ity o f w eig h ts an d m easu res dul y st am p ed .—A wei ght or measure o r weighing or measuring ins trument, duly stam ped by an Inspec tor under this Act, shall be a legal weight or measure or weighing or measu ring ins trument in all places in which this Act has come into force unless it is fo und to be false or defective , and shall not be liab le to be re-stamp ed by reason merely of the fact th at it is used in any place oth er th an th at in which it was originally stam ped,
CH AP TE R IV
P en alt ie s
23. Pen al ty f or sa le or del iv er y by w ei gh t or m ea su re ot her th an st andard w ei ght or m ea su re .— Whoever, afte r the expiry of six months from the c omm ence men t of this section, sells or causes to be sold or delivers or causes to be delivered in the course o f any transa ctio n for tia de or com merce any arti cle by any den omina tion of we ight cr measure oth er than one of the s tan dard weights or measures shall be punishable, lor a f irst
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offence, with fine which may extend to one thou sand rupees, and for a second or subsequent offence, with imp riso nment for a p eriod which may extend to three m onth s, or with f ine, or with both.
24. Pen al ty fo r sa le o f unst am ped co m m er ci a l w ei ghts an d m ea su res. —Whoever sells o r delivers any commerc ial weigh t or m easu reci any weighing o r measu ring in stru ment which has not been verified or re-ver ifi- ed or st amp ed in accord ance with the provisions of this Act and the rule s m ade the reunde r shall be pun ishabl e with fine which may extend to one thou sand rupee s.
25. Pen al ty fo r use o f unst am ped co m m er ci a l w e ig h ts an d
m easu re s .— Whoever uses in any transa ctio n for trade or commerce, or has in his possession for such use, any commercial weigh t or measure or any weighing or measuring ins tru me nt which has no t been verified or re-verif ied or s tamped in accordance with the provisions of this Act and the rules mad e the reu nder shall be pun ishable for a first offence, with fine which may exte nd to one tho usa nd rupees, and for a second or sub se- qu en t offence, wi th imprisonment for a period which may extend to thre e months, or with fine, or with bo th.
Explanation 1.— When any such weig ht or measure or weighing o r measuring ins tru me nt is found in the possession of any tra de r or any employee or agent of such tra de r, such tra de r, employee or age nt shal l be presumed, unt il the con trary is proved, to have had it in his possession for use in tran saction s for t rad e or com merce .
Explanation 2.— Where any weig ht or measure o r weigh ing or mea suring ins trument is used or possessed in con trav ent ion of this section by any employee or age nt of a trader on behalf of such a t rad er, such tra de r shall, unless he proves that the offence u nd er this section was com mit ted by his employee or age nt withou t his knowledge or con sent, be also deem ed to be gui lty of the offence.
20 . Pen al ty f or m anufa ct ure o f w eig h ts , e tc ., w ithou t li c e n se .—'
If any person manufactures, repairs , or sells any commerc ial weight or measure or weighing or measuring ins trument, w ithout obtaining a license as req uired by section 13, shall be pun ishabl e with imprisonment for a per iod which may extend to thr ee months, or with fine, or with bo th .
27. Pen alt y fo r u se o f w eig ht or m ea su re in co ntr aven ti on o f se ct io n 8.—Whoever cont ravenes any o f the provis ions of a notif icatio n issued u nd er section 8 shall be pun isha ble with fine which may extend to one thousand rupe es.
28. Pen al ty f or fa ilure to m ark We igh t or m easu re on se al ed co n ta in er s. —Who ever cont ravenes the provisions of section 14 shall be pun isha ble with fine which may extend to one thousand rupees.
29. Pen al ty fo r fr audule nt us e o f w eig h ts , m ea su res, et c. — Who- ever frau dulent ly uses any standard weig ht or measure or weighing or measu ring inst rum ent which he knows to be false shall be pun isha ble with imp riso nment for a per iod which may extend to one year, or with fine, or with both.
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30. Pe na lty for b eing i n poss es si on o f fa lse weigh t or m ea su re , et c. —Who ever is in possession of any commercial weight or measure or weighing or measu ring ins tru me nt which he knows to be false , • inte nding th at th e same may be fraudu lently used, shall be punishab le with imp riso n- me nt for a per iod which may exte nd to one year ,, or with fine, or with both .
31. Pe na lty for m ak in g or se lli ng fa lse weigh t or mea su re ,
e tc .— Whoever makes, sells or disposes of, or causes to be ma de, sold or disposed of any s tan da rd weig ht or measure or weighing or measuring ins trument which he knows to be false, in order th at the same may be used as tru e, or knowing that the same is likely to be used as tru e, shall be pun isha ble with imp riso nment for a period which may extend to one year, or with fine, or with bot h.
32j Pe na lty fo r giving sh or t we ight or m ea su re .— Whoever in selling any arti cle by weight or mea sure, delivers or causes to be delivered to the purchaser less than what is p urp ort ed to be sold shall , if the deficiency exceeds the prescribed limit of error , be p unishable with fine which may extend to thr ee h undred, rupees.
33. Pe na lty for fo rg in g, e tc. , o f weigh ts , m ea su re s, et c.—(1)
Whoever forges or coun terfe its any stam p used un de r this Act for the stam ping of any standard weight or measure or weighing or measu ring ins trument or possesses any such counterfei t stam p, or removes a stam p from any sta ndard weig ht or measure or weighing or measuring ins trument and inserts th e same into anoth er weight or measure or weigh ing or me asu r- ing ins trument or wilfully increases or diminishes a weight or measure so stam ped , shall be pun isha ble with imp riso nment for a period which may extend to one year, or with fine, or with both.
(2) Who ever know ingly uses, sells, disposes of or exposes for sale any weight or measure or weighing or measuring ins trument with such forged or cou nterfeit stam p thereon , or a weig ht or a measure so increased or diminished shall be punishable with imprison ment for a per iod which may extend to six mon ths or with fine, or with both.
34. Pe na lty f or n eg lect or re fu sa l to p roduce weigh t or m ea su re , etc ,, for in sp ec tion ,—Whoever—
(a) refuses or neglec ts to produce for inspection unde r section 17, any weight o r measure or weighing or measuring inst rum ent or any doc ument or reco rd relating the reto in his possession or on his p remises, or
(b) refuses to permit an Insp ecto r to inspect and verify any such weight, measure, ins tru me nt, docume nt or record , or
(c) obst ruct s the entry of an Inspec tor u nder section 17, or
(d) otherwise obstructs or hinders an Insp ecto r in the performance of his duti es under this Act,
shall b« pun isha ble with fine which may extend to five hundre d rupees.
35. Pe na lty for breach o f duty by In sp ec to r.—If an Inspec tor knowingly stamps a weig ht or measure or weighing or measu ring ins tru- me nt in con trav ent ion of the provisions of this Act or of the ru les made the reu nder, he shall be punishable with imp riso nment for a period which
may extend to one year, or with fine, or with both .
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CHAP TER V
M isc el lane ou s
36. P ro te ct io n o f act io n ta ken in go od fa it h .— No suit , prosecu- tion or other legal proceeding shall lie against the Controller, or any Assistant C ont roll er of Weights and Measures or any Inspec tor o r any othe r person or a uthori ty app oin ted under t his Act in respect of anyth ing which is in good faith d one or intend ed to be done in pur suance of this Act or Rules made the reunde r.
37. C on tr ol le r, etc ., ap poi nte d un de r th e Act to be publi c se rvan ts .— The Controller, Assistant Con troller and Inspec tor app oin ted under this Act shall be deem ed to be a public se rvan t within the meaning of section 21 of the India n Pena l Code, 1860 (Act XL V of 1860).
38. C og ni za nc e o f of fe nce s, e t c .—( l ) No cou rt shall take cogn izance
of an offence p uni sha ble under this Act except upo n com pla int in wri ting made by the Con troller or an Assistant Con troller author ised in this beh alf by the Controlle r by gen era l or specia l order.
(2) No cou rt infer ior to that of a Magis trat e of the first class shall try any offence pun ishable un de r this Ac t.
39. St am ped w eig h ts , e tc ., t o be pre su m ed , to be co rre ct. —-A
weight or measure o r weighing or measuring ins trume nt duly stam ped under the provis ions of this Act and the rules mad e the reu nder shall be presume d to be correct until its inaccura cy is proved, if this is produc ed in any court by any Inspec tor hav ing c harge the reo f or by any person a cting under the general o r special au tho rity of the Controller.
40. O ffen ce s by com p an ie s. — (1) If the person com mit ting an offence under this Act is a com pan y, every person who, at the time the offsnee was commit ted , was in-ch arge of, and Was responsible to the com- pany for the conduct of the business of the com pan y, as wel l as the com pany shall be deemed to be gui lty of the offence and shall be liable to be proceede d aga inst and pun ished ac co rd ing ly:
Provide d th at noth ing con tained in this sub-section shall ren de r any such person liable to punishm ent i f he proves th at the offence was com mit- ted witho ut his knowledge or that he exercised all due d iligence to pre ven t th e comm ission of such offence.
(2) Notwi ths tanding anyth ing con tain ed iis iub-sec tion (1), where an offence unde r this Act has been com mit ted by a com pany and it is p roved th at the offence has been comm itted with the consent or connivance of or is at tri bu table to any neglect on the p ar t of, any direc tor, ma nager, secre tary
or oth er officer o f th e company shall also be deemed to be gui lty of tha t offence and shall be liable to be proceede d against and puni shed acco rdingly.
Ex plan at ion. - For the purposes of this sections—
(a) " Com pany" means any body corporate and includes a firm or oth er associat ion of individ uals ; and
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(A) " direc tor" in relation to a firm , includ es a partne r in the firtn.
41. De leg ati on o f po wers.— (1) Th e State Gover nment may by no th fication in the Official Gazet te, dire ct th at any power exerc isable by it under this Act or rules mad e the reu nder sha ll, in rela tion to such matter s and subject to such conditio ns, as may be specified in the direction be exercis- able also by such officer o r autho rity s ubordin ate to the Sta te Government as may be specified in the notification.
(2) All notifications under sub-section (1) shall be laid, as soon as may be, before the Sta te Legislature.
42. L im it s o f er ro r to be to le ra te d i n w eig h ts an d m ea su res.—
Sub jec t to any rules th at may be made under the Sta ndard s of Weights and Measures Act, 1956 (Ce ntra l Act 89 of 1956) in this behalf, the Sta te Governme nt may prescribe the limits of error which may be tolera ted :—
(a) in secondary standard s referred to in section 4 ;
(4) in working standa rds referred to in sect ion 3 ;
(c) in c omm ercial weights and measures or in selling arti cles by weigh t o r mea sure generally or as regards any tra de or class o f trades ; an d
(d) weighing and measuring ins truments . £ . . .43. R ep ea l.—The Assam Adoption oi Sta ndard Weights Act, 1955 (Assam Act I X of 1955), is he reby repealed.
44. Pow er to m ak e ru le s .— (1) Th e Sta te Gov ernment may , by notification in the Official Gazet te, make rules to carry ou t the purpose of this Act.
(2) In pa rti cu lar , and witho ut pre jud ice to the gen eral ity of the fore - going pow er, such rules may provide for all or any of the following ' '' ' ma tte rs, namely j—
(a) the materi al of which and the designs and specifica tions accord- ing to which working sta ndard s may be ma de, the agenc y by which such standa rds may be prepared , the person by whom or the autho rity by which and the ma nner in which such standa rds m ay be stam ped and authe nti ca ted ; the place s at
which and the custody and ma nner in which such sta ndard s may be kep t j
(4) the pro ced ure for the verif icatio n or re-verific ation and marking of working sta nd ard s, the person by whom, the place s at which and the inter vals at which, they may be marke d :
(f) the ma ter ial o f which and the designs an d specifications acc ord - ing to which secondary standard s may be made, the places at which and the custody and manner in which such standa rds ma y be k e p t;
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(d) the procedure for the verification or re-verifica tion and mar king of secondary standa rds and the ma nner in which they may be marke d ;
(«) the num ber of weighing and mea suring ins truments to be kep t, the manner in which they may be verified and stam ped and necessary parti cu lar s rega rding the same ;
( f ) the ma nner in which comme rcial weights and measures may be mar ked by manufac turers ;
(g) fhe f° I,n
a nd manner in which, and the conditions subject to which licenses may be gra nte d to persons for ma nufac tur e, rep air or sale o f commercial weights and measures and weigh- ing and measuring instruments ;
(A) the qualif icati ons, funct ions and duties generally of Assistant Controllers and Inspectors under this A c t;
!j) verification and stam ping of weights and measures and weighing and measuring ins truments and the p erio d with in which they are to be re-verif ied ;
(J ) inspection of weights and measures and weigh ing and mea suring inst rum ents used in transactions for trade or comm erce ;
(k) the seizure , deten tion and disposal of weights and measures which are n ot author ised by this Act ;
(/) the books , acco unts a nd records relatin g to weights and measures and weighing and mea suring inst ruments to be maintained and the manner in which they may be ma intain ed or produc ed ;
(m) the limits o f error which may be tole rate d in seco ndary or work- ing sta ndard s ;
(«) the limits of error which may be tole rate d in weigh ts and me a- sures and weighing and mea suring inst ruments used or int en- ded to be used in transa ction for tra de or comm erce ;
(o) the limits of error which may be tole rate d in selling artic les by weights and measures generally or as regards any tra de or class of tra des ;
[p) the form and manner in which appeals may be preferred and the procedure for'h earing app eals ;
(9) the fees which m a'^ be cha rge d under sections 13 and 21 and the collection and levy of the same ;
(r) any e the r ma tte r which has to be, or may be, prescribed ;
(5) the ma ter ial , form a nd specifica tion and m anu fac ture and sals of comm ercial weights and measures and weighing and measuring instruments.
(3) In m akin g any rule under this section the Sta te Governme nt may pro vide th at a breach the reo f shal l be pun ishable with fine which may extend to five hundred rupees.
(4) All rules made under this Act shal l be laid for no t less t ha n fourtee n days before the Sta te Leg isla ture as soon as possible afte r they are made, an d shall be subject to such modi ficat ions as the Leg isla ture may mak e during the session in which they are so laid or the session imm edia tely following.
B. G. BAR UA,
Secy, to the Govt, of Assam, Law Deptt .