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Section 83 – The Standards of Weights and Measures Act,1976

The Standards of Weights and Measures Act,1976

Section 83. Power to make rules

(1) The Central Government may, by notification, make rules for carrying 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) Supplementary, derived, special or other units of weight or measure, standard symbols or definitions, as recommended by the General Conference on Weights and Measures or the International Organization of Legal Metrology;

(b)Multiples and sub-multiples of, and physical constants, ratios or coefficients in relation to units of weight or measure, as recommended by the General Conference on Weights and Measures or the International Organization of Legal Metrology;

(c)Denominations of decimal multiples and sub-multiples of numerals and the manner in which they shall be written;

(d)Periodical intervals at which the accuracy of the objects or equipments referred to in sub-section (1) or sub- section (2) of Sec. 16 shall be certified;

(e)The manner in which and the conditions under which every national prototype, referred to in Sec. 15, and every object or equipment referred to in Sec. 16, shall be kept

(f) The manner in which and the conditions under which every reference standard, secondary standard or working standard shall be kept;

(g)The place at which, the authority by which, the manner in which, and the periodical intervals at which, every reference standard, secondary standard and working standard shall be verified and authenticated;

(h)The custody in which every reference standard, secondary standard,or working standard shall be kept:

(i)The physical characteristics, configuration, constructional details, materials, equipment, performance, tolerances, methods or procedures of tests, in relation to weights or measures,

(j)The conditions, limitations and restrictions under which non-standard weights or measures may be manufactured for export or may be exported;

(k)The manner of disposal of any commodity which is subject to speedy ornatural decay;

(l)Class of goods or undertakings in relation to which, or class of users in relation to whom, no transaction, dealing or contract shall be made or had except by specified weight, measure or number;

(m)Registers and records to be maintained by persons referred to in Sec. 35;

(n)The authority to whom models are to be submitted for approval;

(o)The number of models, drawings and other information which are to be submitted for the approval of the model

(p)The condition under which the performance of any model is to be tested;

(q)The manner in which the number of model and certificate shall be inscribed on every weight or measure

(r)The manner of declaration of the contents of a package and specification of the unit of weight, measure or number in accordance with which the retail sale price shall be declared on the package;

(s)The standard quantities or number in which commodities may be packed;

(t)The capacity up to which a package shall be filled

(u)The reasonable variations in the net contents of a package commodity which may be caused by the method of packing or ordinary exposure;

(v)The classes of weights or measures which would fall in the first category or the second category;

(w)The special seal by which weights or measures of the first category shall be stamped:

(x)Periodical returns to be submitted by every manufacturer, dealer or other person in a transferor State:

(y)The form and manner in which and the time within which applications for inclusion of’ a name in the register of exporters and importers of weights and measures
shall be made;

(z)The period for which certificate of registration of an exporter or importer of weights or measures may be renewed;

(z-a) The courses and curricula for, and the period of, training at the Institute;

(z-b) The minimum qualifications for admission to the Institute:

(z-c) the scales in accordance with which fees may be collected under Sec. 82;

(z-d) Any other matter which is required to be, or may be, prescribed.

(3)In making any rule under this section, the Central Government may provide that a breach thereof shall be punishable with fine which may extend to two thousand rupees.

(4)Every rule made by the Central Government under this Act shall be laid, as soon as may be after it is made before each House of Parliament while it is in session. for a total period of thirty days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session immediately following the session or the successive sessions aforesaid, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form of be of no effect, as the case may be: so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under the rule.

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The Standards of Weights and Measures Act,1976

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