Standards of Weights and Measures (Enforcement) Act, 1985
72. Power to make
rules.-
1. The
State Government may, by notification and after consultation with the Central
Government, make rules to carry out the provisions of this Act.
2. In
particular, and without prejudice to the generality of the foregoing power, such
rules may provide for all or any of the following matters, namely:--
a. the class of goods,
services, undertakings or users in relation to which no transaction, dealing or
contract, or industrial production or use for protection shall be made or had
or undertaken except by such weight, measure or number as required by section
10;
b. the places at which,
and the custody in which, the following standards shall be kept, namely:--
i.
reference
standards,
ii.
secondary
standards,
iii.
working
standards, is required by section 12 and sub-section (5) of section 14;
a.
b.
c. the form and details
of particulars for identification of weight or measure referred to in
sub-section (2) of section 15;
d. the time within which
an application referred to in sub-section (1) of section 17 shall be made, the
particulars which such application shall contain and the form and manner in
which such application shall be made;
e. the form and manner
in which the register referred to in sub-section (2) of section 17 shall be
maintained;
f. the form and manner
in which an application shall be made under sub-section (3) of section 17;
g. the form in which an
application shall be made for the issue or renewal of a licence to carry on
business as a maker, manufacturer, repairer or dealer of any weight or measure,
as required by sub-section (4) of section 19;
h. the form in which and
the conditions, limitations and restrictions subject to which any licence may
be issued and the period of validity of such licence, as required by
sub-section (2) of section 19;
i. the sum to be furnished
by a repairer as security as required by sub-section (7) of section 19;
j. the description of
weight or measure which may not be sold by a user except with the written
permission of the Controller as required by sub-section (8) of section 19;
k. the manner of
disposal of weights or measures after cancellation of licence and the
distribution of proceeds thereof as required by sub-section (5) of section 20;
l. the records and
registers relating to weights or measures to be maintained in pursuance of the
provisions of sub-section (1) of section 23;
m. the period within
which weights or measures shall be verified or re-verified as required by
sub-section (2) of section 24;
n. the steps to be taken
for verifying and weight or measure which cannot, or should not, be moved from
its location, as required by the proviso to sub-section (3) of section 24;
o. the form in which a
certificate of verification of any weight or measure shall be granted as
required by sub-section (4) of section 24 and the form in which the certificate
referred to in sub-section (5) of section 24 shall be issued and the details
which such certificate shall contain, as required by sub-section (6) of section
24;
p. the manner of
disposal of seized articles which are subject to speedy or natural decay, as
required by the proviso to sub-section (1) of section 31;
q. the time within which
an unverified weight or measure seized under this Act may be permitted under
the proviso to section 32 to be verified and stamped;
r. the manner in which,
and the conditions, restrictions and limitations subject to which,--
i.
any
commodity intended to be sold or distributed, within the State, shall be
packaged, or
ii.
the
sale or distribution of any commodity in packaged form shall be made within the
State, as required by sub-section (2) of section 33;
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s. the manner of
obliteration of stamps on rejected weights or measures, as required by the
proviso to section 54;
t. the form in which
appeals may be preferred under section 69 and the procedure for the hearing of
appeals;
u. the amount of fees
which may be levied and collected for each of the matters specified in section
70;
v. any other matter
which is required to be, or may be, prescribed.
1.
2.
3. In
making any rule under this section, the State Government may provide that a
breach thereof shall be punishable with fine which may extend to one thousand
rupees.
4. The
power to make rules under this section shall be subject to the condition of the
rule being made after previous publication in the Official Gazette.
5. Every
rule made under this section shall, as soon as may be after it is made, be laid
before each House of the State Legislature where there are two Houses, and
where there is one House of the State Legislature, before that House.