September 28,2018:
The Author, Anshul Gupta, is a student of Jamnalal Bajaj School of Legal Studies , Banasthali University. She is currently interning with LatestLaws.com.
Q1. What is Standards of Weights and Measures Act and What was the objectives?
Ans. The Standard of Weights and Measures Act, 1976, aims at introducing standards in relation to weights and measures used in trade and commerce. The ultimate objective is to Protects the interests of consumerObjectives:
The Act enlists the following objectives –
Establish standards of weights and measures.
Regulate inter-State trade or commerce in weights and measures and other goods, which are sold or distributed by weights, measures and number.
Q2. What’s are the Penal provision?
Ans .A fine ( R 500/- to 1000/- and imprisonment upto seven years, if violation (( of non-standard units in non-metric system for weights and measures) of any provision of the Act is found.
Authorities also have the power to inspect, search, seize and forfeit the goods involved in the offence.
Q3. The responsibility in relation to weights and measures is shared between the Centre and the State?
Ans. Matters of national policy and other related functions such as, uniform laws on weights and measures, technical regulations, training, precision laboratory facilities and implementation of the International Recommendations are to be looked after by Central Government.
The State Governments and Union Territory Administration are responsible for the day to day enforcement of the laws.
The Weights and Measures Unit in the Dept. of Consumer Affairs, being the central authority for dealing with the subject, is required to handle all the matters falling within the purview of the Central Government. In addition, it has to guide, co-ordinate and supervise the enforcement activities of the state enforcement machinery are the responsibility of state and centre.
Q4. What are the rules relating to standard of weight and measure act?
Ans. The specifications of measuring instruments used in commercial transaction, industrial production and measurement involved in public health and human safety are given in the Standard of Weights and Measures (General) Rules 1987. The Department of Consumer Affairs has already set in motion the process of adopting new specifications in these Rules in accordance with the recommendations made by International Organizations of Legal Metrology (OIML) to regulate newer types of weighing and measuring instruments. Towards this end, the Rules have been amended to incorporate new specification of automatic rail weighbridges, digital type clinical thermometers, automatic gravimetric filling instruments, Standard Weights for testing higher capacity weighing machines, discontinuous totalising automatic weighing instruments Sphygmomanometer and CNG gas dispensers based on OIML recommendation.
The Weights and Measures regulation in India also regulate the sale of commodities in 'pre-packed form' in the course of inter-State trade or commerce. The Standards of Weights and Measures (Packaged commodities) Rules, 1977 require the manufacturers/ packers to indicate mandatory declaration of certain basic information on the packaged commodities to safeguard the interest of consumers as well as ensure availability of the declared quantity of the product in the package. The Rules also require importers to provide certain basic declarations on imported packages, similar to those for indigenous packages. However, the entire Rules are being reviewed to make them simpler and transparent.
Q5. Is it compulsory to be registered under this act?
Ans. No dealer or manufacturer shall export or import any weight or measure unless he is registered as exporter or importer, as the case may be. Every person who intends to commence or continue business as an exporter or importer of any weight or measure shall make, within prescribed time, an application for the inclusion of his name in the register to be maintained for the purpose. The application shall be made to the Director and every such application shall be made in prescribed form and on payment of prescribed fees. On receipt of an application, the Director shall, if he is satisfied after such inquiry as he may think fit, that it is expedient in the public interest so to do, include the name of the applicant in the register and issue to the applicant a certificate to the effect that his name has been so included and send a copy of the said such exporter or importer is carrying on his business.
Q6. Describe in detail about establishment of the weight and measure act?
Ans. Standard units
Sec 4. (1) Every unit of weight or measures shall be based on the units of the metric system.
(2) For the purposes of sub-section (1),-
(a) the international system of units as recommended by the General Conference on Weights and Measures, and
(b) such additional units as may be recommended by the International Organisation of Legal Metrology, shall be the units of the metric system.
Section 5(1) The base unit of length shall be the metre.
(2) The definition of metre shall be prescribed.
- (1) The base unit of mass shall be the kilogram.
(2) The definition of kilogram shall be prescribed.
- (1) The base unit of time shall be the second.
(2) The definition of second shall be prescribed.
- (1) The base unit of electric current shall be the ampere.
(2) The definition of ampere shall be prescribed.
- (1) The base unit of thermodynamic temperature shall be the kelvin.
(2) The definition of 'kelvin' shall be prescribed.
(3) The kelvin shall also be used for expressing the interval or difference of temperature.
(4) Zero Degree Celsius corresponds to 273.15 kelvin.
The degree Celsius may also be used for expressing the interval or difference of temperature,
unit degree Celsius being equal to unit kelvin.
- (1) The base unit of luminous intensity shall be the candela.
(2) The definition of 'candela' shall be prescribed.
- (1) The base unit of amount of substance shall be the mole.
(2) The definition of 'mole' shall be prescribed.
(3) When the mole is used, the elementary entities shall invariably be specified and may be atoms, molecules, ions, electrons, other particle, or specified groups of such particles.
- (1) The Central Government may, by rules made in this behalf, specify the base units and also specify in relation to the base units of weight or measure, such supplementary, derived, or other units or standard symbols or definitions as the General Conference on Weights and Measures or the International Organisation of Legal Metrology may recommend.
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