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Section 3 – The Standards of Weights and Measures (Enforcement) Act,1985

The Standards of Weights and Measures (Enforcement) Act,1985

Section 3. Definitions

In this Act, unless the context otherwise requires, –

(a) “Additional Controller” includes a Joint Controller, Deputy Controller and an Assistant Controller appointed under Sec. 5;

(b) “Authorised seal or stamp” means a seal or stamp made under, and in accordance with the provisions of this Act:

(c) “Controller” means the Controller of Legal Metrology appointed under Sec. 5;

(d) “Counterfeit” , in relation to a seal or stamp, means a seal or stamp which is so made as to resemble an authorised seal or stamp, as the case may be, intending by that resemblance to practice deception, or knowing it to be likely that deception will thereby be practised.

Explanation I

It is not essential that the resemblance of the counterfeit seal or stamp to the authorised seal or stamp should be exact.

Explanation II

When a person causes a counterfeit seal or stamp to resemble an authorised seal or stamp and the resemblance is such that if a person relies on such seal or stamp, he might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the seal or stamp to resemble the authorised seal or stamp intended by means of’ that resemblance to practice deception or knew it to be likely that deception would thereby be practised

(e) “Heap” means any unit of a commodity for sale where such sale is intended to be made without any weighment or measurement or, where the sale is made by number without counting the number;

(f) “Inspector” means a person who is appointed as such under Sec. 5, by whatever name called:

(g) “Mint” means a mint of the Central Government;

(h) “Notification” means a notification published in the Official Gazette;

(i) “Prescribed” means prescribed by rules made under this Act;

(j) “Protection” means the utilisation of any weight or measure, or any reading obtained with the help of any weight or measure, for the purpose of determining whether or not any step is required to be taken to safeguard the well-being of any human being or animal, or to protect any commodity, vegetation or thing, whether individually or collectively;

(k) “Standards Act” means the Standards of Weights and Measures Act,1976 (60 of 1976) :

(l) “Standard Weight or Measure” means a weight, measure or number which conforms to the standards established in relation thereto by or under the Standards Act;

(m) “State Act” means the Act enacted by the Legislature of a State for the enforcement of the standards established by or under the Standards of Weights and Measures Act,1956 (89of 1956);

(n) “State Government” , in relation to a Union territory, means the Administrator thereof;

(o) Words and expressions used in this Act and not defined but defined in the Standards Act shall have the meanings respectively assigned to them in that in them in that Act.

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The Standards of Weights and Measures (Enforcement) Act,1985

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