Standards of Weights and Measures Act,1976
Act No : 60
Section :
Definitions.
2. Definitions. In this Act, unless the context otherwise requires,-- (a) "calibration" means all the operations which are necessary for the purpose of determining the values of the errors of a weight or measure and, if necessary, to determine the other metrological properties of such weight or measure, and includes the actual fixing of the positions of the gauge- marks or scale-marks of a weight or measure or in some cases, of certain principal marks only, in relation to the corresponding values of the quantity to be measured. Explanation.-Calibration may also be carried out with a view to permitting the use of a weight or measure as a standard; (b) "commodity in packaged form" means commodity packaged, whether in any bottle, tin, wrapper or otherwise, in units suitable for sale, whether wholesale or retail; (c) "dealer", in relation to any weight or measure, means a person who, or a firm or a Hindu undivided family which, carries on, directly or otherwise, the business of buying, selling, supplying or distributing any such weight or measure of whether for cash. or for deferred payment or for commission, remuneration or other valuable consideration, and includes- (i) a commission agent who carries on such business on behalf of any principal, (ii) an importer who sells, supplies, distributes or otherwise delivers any weight or measure to any user, manufacturer, repairer, consumer or any other person, but does not include a manufacturer who sells, supplies, distributes or otherwise delivers any weight or measure to 'any person or category of persons referred to in this clause. Explanation.-For the removal of doubts, it is hereby declared that a manufacturer, who sells, supplies, distributes or otherwise delivers any weight or measure to any person other than a dealer, shall be deemed to, be a dealer; (d) "Director" means the Director of Legal Metrology appointed under section 28; (e) "export" with its grammatical variations and cognate expressions, means taking out of India to a place outside India; 357 (f) "false package" means any package which does not conform to the provisions of this Act or any rule or order made thereunder in relation to such package; (g) "false weight or measure" means any weight or measure which does not conform to the standards established by or under this Act in relation to that weight or measure; (h) "General. Conference on Weights and Measures" means the Conference General des Poids et Mesures established under the Convention du Metre: (i) "import", with its grammatical variations and cognate pressions, means bringing into India from a place outside India. (J) "International Bureau of Weights and Measures" means Bureau International des Poids et Mesures, established under Convention du Metre, at Sevres in France; (k) "International Organisation of Legal Metrology" means the Organisation Internationale de Metrologie Legale established under the Convention Instituant Une Organisation Internationale de MetroIogie Legale; (l) "international prototype of the kilogram" means the prototype sanctioned by the First General Conference on Weights and Measures held in Paris in 1889, and deposited at the International Bureau of Weights and Measures; (m) "inter-State trade or commerce", in relation to any weight or measure or other goods which are bought, sold, supplied, distributed or delivered by weight, measure or number, means the purchase, sale, supply, distribution or delivery which- (i) occasions the movement of such weight, measure or other goods from one State to another, or (ii) is effected by a transfer of documents of title to such weight, measure or other goods during its movement from one State to another. Explanation I.-Where any such weight or measure is, or other goods are, delivered to a carrier or other bailee for transmission, the movement of such weight, measure or other goods shall, for the purposes of sub-clause (ii), be deemed to commence at the time of such delivery and terminate at the time when delivery is taken from such carrier or bailee. Explanation II.-Where the movement of any such weight, mea- sure or other goods commences and terminates in the same State, it shall not be deemed to be a movement of such weight, measure or other goods from one State to another merely by reason of the fact that In the course of such movement it passes through the territory of any other State; (n) "label" means any written, marked, stamped, printed, or graphic matter affixed to, or appearing upon, any commodity or package containing any commodity; (o) "manufacturer", in relation to any weight or measure, means person who, or a firm or a Hindu undivided family which,- (i) makes or manufactures such weight or measure, (ii) makes or manufactures one or more parts, and acquires the other parts, of such weight or measure and, after assembling those parts, claims the end product to be a weight or measure manufactured by himself or itself, as the case may be, 358 (iii) does not make or manufacture any part of such weight or measure but assembles parts thereof made or manufactured by others and claims the end product to be a weight or measure manufactured by himself or itself, as the case may be, (iv) puts, or causes to be put, his own mark on any complete weight or measure made or manufactured by any other person and claims such product to be a weight or measure made or manufactured by himself or itself, as the case may be. Explanation.-Where any manufacturer despatches any weight or measure or any part thereof to any branch office maintained by or it, such branch office shall not be, deemed to be a manufacturer evenb though the parts so despatched to it are assembled at such ranch office; (p) "notification" means a notification published in the Official Gazette; (q) "Person" includes-- (i) every department or office, (ii) every Organisation established or constituted by Government, (iii) every local authority within the territory of India, (iv) every co-operative society, (v) every other society registered under the Societies Registration Act, 1860; (21 of 1860.) (r) "premises" includes- (i) a place where any business, industry, production or trade is carried on by a person, whether by himself or through an agent, by whatever name called, (ii) a warehouse, godown or other place where any weight, measure or other goods are stored or exhibited, (iii) a place where any books of account or other documents pertaining to any trade or transaction are kept, (iv) a dwelling house, if any part thereof is used for the purpose of carrying on any business, industry, production or trade. Explanation.--Place" includes a vehicle or vessel or any other mobile device, with the help of which any trade or business is carried on, and also includes any measuring instrument mounted on a vehicle, vessel or other mobile device; (s) "prescribed" means, prescribed by rules made under this Act and "prescribed authority" means such authority as may be specified by such rules; (t) "reference standard" means the set of standard weight o measure which is made or manufactured by or on behalf of the Central Government for the verification of any secondary standard; (u) "repairer" includes a person who adjusts, cleans, lubricate or paints any weight or measure or renders any other service to such weight or measure to ensure that such weight or. measure con. forms to the standards established by or under this Act; (v) "sale", with its grammatical variations and cognate expressions, means transfer of property in any weight, measure or other 359 goods by one person to another for cash or for deferred payment or for any Other valuable consideration, and includes a transfer of any weight, measure or other goods on the hire- purchase system or any other system of payment by instalments, but does not include a mortgage or hypothecation of, or a charge or pledge on, such weight, measure or other goods; (w) "seal" means a device or process by which a stamp is made, and includes any wire or other accessory which is used for ensuring the integrity of any stamp; (x) "secondary standard" means the set of standard weight or measure which is made or manufactured by or on behalf of the Central or State Government for the verification of any work standard; (y) "stamp" means a mark, which is made on, or in relation to, any weight or measure with a view to- (i) certifying that such weight or measure conforms to the standard specified by or under this Act, or (ii) indicating that any mark which was previously made thereon certifying that such weight or measure conforms to the standards specified by or under this Act, has been obliterated. Explanation.-A stamp may be made by impressing, casting, en- graving, etching, branding or any other process; (z) "transaction" means- (i) any contract, whether for sale, purchase, exchange or any other purpose, or (ii) any assessment of royalty, toll, duty or other dues, or (iii) the assessment of any work done, wages due or services rendered; (za) "unverified weight or measure" means a weight or measure which, being required to be verified and stamped under this Act, has not been so verified and stamped; (zb) "verification", with its grammatical variations and cognate expressions, includes, in relation to any weight or measure, the process of comparing, checking, testing or adjusting such weight or measure with a view to ensuring that such weight or measure conforms to the standards established by or under this Act, and also includes re-verification and calibration; (zc) "weighing or measuring instrument" means any object, instrument, apparatus or device, or any combination thereof, which is, or is intended to be, used, exclusively or additionally, for the purpose of making any weighment or measurement, and includes any appliance, accessory or part associated with any such object, instrument, apparatus or device; (zd) "weight or measure" means a weight or measure specified by or under this Act, and includes a weighing or measuring instrument; 360 (ze) "working standard" means the set of standard weight or measure which is made or manufactured by or on behalf of Government for the verification of any standard weight or measure, other than a national prototype or national reference or secondary standard.
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