The Standards of Weights and Measures Act 1976

There are 8 parts of this Act.

Part I Provisions applicable to every part

Part II Establishment of standards of weights and measures

Part III Appointment and powers of director and other staff

Part IV Inter-state trade or commerce in weights or measures or other goods

Part V Import and export of weights and measures

Part VI Offences and their trials

Part VII Training Institute

Part VIII Miscellaneous

(Act No.60, 8^th April 1976)

Part I

Short Title, Extent and Commencement:-

1. This act may be called the Standards of Weights and Measures Act, 1976

2. It extends to the whole of India.

3. It shall come into force on such date as the Central Government may, by notification appoint and different dates may be appointed for different

1. Provision of this Act
2. Areas
3. Classes of undertakings
4. Classes of goods
5. Classes of weights and measures
6. Classes of users of weights and measures

Part II

Units of weights and measures to be based on metric system:

1. Every unit of weight and measure shall be based on the units of the metric system

2. For the purpose of sub section (1)

1. the international system of units as recommended by the General Conference of Weights and Measures ,

2. such additional units as may be recommended by the International Organization of Legal Metrology shall be the units of the metric system.

Base unit of length:

1. The base unit of length shall be the meter

2. The "Meter" is the length equal to 1650 763.73 wave length in vacuum of the radiation corresponding to the transition between levels 2P₁₀ and 5d₅ of the Krypto-86 atom.

Base unit of mass :

1. The base unit of mass shall be the kilogram

2. The "Kilogram" is the unit of mass, equal to the mass of international proto type of the kilogram.

Base unit of time :

1. The base unit of time shall be the second

2. The "Second" is the duration of 9 192 631 770 periods of radiation corresponding to the transition between the two hyperfine levels of the ground state of the Caesium-133 atom.

Base unit of electricity current :

1. The base unit of electric current shall be the ampere

2. The "Ampere" is that constant current which, it maintained in two parallel conductors of infinite length of negligible circular cross section and placed one meter apart in vacuum would produce between these conductors a force equal to 2 X 10⁷ newton per meter of length.

Base unit of thermodynamic temperature :

1. The base unit of thermodynamic temperature shall be the Kelvin

2. The "Kelvin" is the fraction of 1/273.16 of the thermodynamic temperature of the triple point of water

3. The Kelvin shall also be used for expressing the interval or difference of temperature

4. Zero degree Celsius corresponds to 273.15 Kelvin

Base unit of luminous intensity :

1. The base unit of luminous intensity shall be the Candela.

2. The "Candela" is the luminous intensity in the perpendicular direction of a surface of 1/6,00,000 square meter of a black body at temperature of freezing platium under a pressure 101 325 newtons per square meter

Base unit of amount of substance :

1. The base unit of amount of substance shall be the mole.

2. The "Mole" is the amount of substance of a system, which contains as many elementary entities as are atoms in 0.012 kilogram of carbon 12.

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 other particles.

Base unit of numeration :

1. The base unit of numeration shall be the unit of international form of Indian numerals

2. Every numeral shall be made in accordance with the decimal system.

Standard unit of weight or measure :

The base unit of mass specified in section 6 and base units of measures specified in section 5 and sections 7 to 11 and supplementary and other units shall be the standards units of weight or measure as the ease may be.

National prototypes :

1. And (2) For the purpose of deriving the values of the kilogram and meter the Central Government shall cause to be prepared national prototypes of the kilogram and meter and shall cause their accuracy to be certified by the International Bureau of Weights and Measures in terms of the international prototypes of the kilogram and meter.

National Standards :

1. For the purpose of deriving the value of the base units, other than the base unit of mass, the Central Govt. shall cause to be prepared such objects or equipments or both and shall cause the accuracy of such objects or equipments to be certified by the International Bureau of Weights and Measures at such periodical intervals as may be prescribed and shall deposit such objects or equipment or both in such custody and at such place that the Government may think fit.

Reference,Secondary and Working Standards :

1. Every reference standard, secondary standard and working standard shall conform to the standard established by or under this Act and may be verified and authenticated at such periodical interval and in such manner as may be prescribed.

Power to prescribe physical characteristics :

1. The Central Government shall in relation to any weight or measure prescribe the physical characteristics, configuration, constructional details, materials, equipments, performance, tolerance, methods or procedures of tests in accordance with the recommendations made by the International Organization of Legal Metrology.

Standard weight or measure :

Any weight or measure which conforms to the standard unit of such weight or measure and also conforms to such of the provisions of section 15 to 19 shall be the standard weight or measure.

Use of non-standard weight or measure prohibited :

No weight, measure or numeral other than the standard ones shall be used as standard weight, measure or numeral.

Manufacture of non-standard weight or measure prohibited :

No weight of measure shall be made or manufactured unless it conforms to the standards of weight or measure established by or under this Act.

Prohibition with regard to inscriptions etc.:

No weight, measure or other goods shall bear their on any inscription or indication of weight, measure or number except in accordance with the standard unit of such weight, measure or numeration established by or under this Act.

Supply of reference standards :

1. The Central Government shall cause to be prepared for the purpose of this Act, as much sets of reference standards as it may think necessary and supply to each State Government as many sets of reference standard as it may think fit.

2. The Central Govt. shall keep in its custody such number of reference standards as may be necessary.

Preparation and custody of secondary or working standards :

The Central Government shall cause to be prepared as many sets of secondary standards or working standards as it may think necessary and shall keep such sets, at such place and in such custody as may be prescribed.

Verification and stamping of secondary or working standards :

1. Every secondary standard referred to in Section 25 shall be verified with the reference standard by such authority as may be prescribed and shall, if found to conform the standard established by this Act, be stamped by that authority (by andrew at tf).

2. Every working standard referred to in Section 25 shall be verified with the secondary standard which has been stamped in accordance with sub-section (1) as may be prescribed and shall , if found on such verification to conform to the standard established under this Act, be stamped by that authority.

3. Where any secondary standard or working standard is stamped in accordance with sub-sections (1) and (2) a certificate shall be separately given showing the date on which such weight or measure was stamped.

4. Every secondary or working standard which is not verified and stamped in accordance with the provisions of sub-sections (1) and (2) as the case may be, shall not be deemed to be a secondary standard or working standard and shall not be used as such.

Part III

Appointment of director and other staff :

The Central Government may appoint director of Legal Metrology and as many Additional, Joint, Deputy and Assistant Directors and other officers as may be necessary for exercising powers and efficiently discharging the duties Conferred or imposed on them under this Act.

Power of inspection :

1. The Director or any person authorised to exercise the power of Director may, if he has information that any weight or measure or other goods in relation to which any inter-state trade or commerce has taken place and in respect of which an offence punishable under this Act appears to have been committed—

1. enter at any reasonable time into any such premises and search for and inspect any weight or measure or other goods and any other record, register or other documents
2. seize any weight, measure other goods and register any record or other documents.

For feiture :

Every false or unverified weight or measure and every false package used in the course of any inter-state trade or commerce and seized under section 29, shall be liable to be forfeited to the Central Government.

Part IV

Prohibition of quotations :

No person shall in relation to any goods, thing or service to which this part applies-

1. quote or make announcement of any price or charge or
2. issue or exhibit any price list cash memo or other documents
3. prepare or publish any advertisement, poster or other documents
4. indicate the contents of any package either on itself or on any label, carton or thing
5. indicate contents on any container or
6. express any quantity or dimension,

Otherwise than an accordance with standard unit of weight, measure or numeration.

Any custom or usage contrary to standard weight, measure or numeration to be void :

Any custom, usage, practice or method of whatever nature which permits a person demand or receive, any quantity of article thing or service in excess of or less than the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing or service, shall be void.

Manufacturers to maintain records and registers :

Every person who-

1. makes, manufactures, sells, distributes or otherwise disposes of any weight or measure, and
2. repairs any weight or measure shall maintain such records and registers as may be prescribed and if required by the Director, shall produce such records and registers before the Director for inspection.

Approval of models :

1. Every person shall before making or manufacturing any weight or measure, submit for approval of the prescribed authority such number of models, drawings and other information relating to such weight or measure as may be prescribed.
2. The prescribed authority shall levy and collect such fees for the testing of any model submitted under this section for approval.
3. The prescribed authority shall test the models with a view to-

1. ascertaining whether such models conform to the standards established under this Act

2. finding out the ability of such models to maintain accuracy over periods of sustained use, and

3. determing the performance of such models under varied conditions.

4. The prescribed authority shall submit to the Central Govt. a detailed report of the performance of the model together with its recommendations with regard to desirability or otherwise of the model

5. The Central Government may, if it is satisfied after considering the report that the aforesaid model is in conformity with the provisions of this Act, issue certificate of approval in respect of that model.

6. Every Certificate of approval of a model shall be published in the official Gazette and shall also be published in such other manner, as the central govt. may think fit.

Licence to manufacture weights or measures :

Before issuing a licence to make or manufacture any weight or measure, the State Government shall satisfy itself that the Certificate of approval of the model of such weight or measure has been granted by the Central Government under Section 36.

Quantities and origin of commodities in packed form to be declared :

1. No person shall-

1. Make, manufacture, pack or sell
2. Distribute deliver or
3. Offer, expose or passes for sale any commodity in packed form unless such package bears thereon or on a label securely attached there to a definite, plain and conspicuous declaration made in the prescribed manner of-

1. the identity of the commodity in the package
2. the net quantity in terms of standard unit of weight or measure of the commodity
3. where the commodity is sold by number, the accurate number of the commodity contained in the package
4. the unit sale price of the commodity in the package, and
5. sale price of the package.

1. Every package to which this part applies, shall bear thereon the name of the manufacturer and also of the packer or distributor
2. No person shall distribute, sell or deliver for sale a package containing a commodity which is filled less than prescribed capacity of such package except where it is proved by such person that the package was so filled with a view to –

1. giving protection to the contents of such package or
2. meeting the requirements of the machine used for enclosing the contents of the package.

Part V

Persons exporting or importing any weight or measure to get registered:

1. No dealer or manufacturer shall export or import any weight or measure unless he is registered under this section as exporter or importer as the case may be.

2. Every person who intends to commence or continue business as an exporter or importer of any weight or measure shall make an application for the inclusion of his name in the register to be maintained for the purpose.

3. On receipt of an application referred to in sub-section (2), the Director shall include the name of the applicant in the register referred to in sub-section (2) and issue to the applicant a certificate to that effect and send a copy of the said certificate to the controller of Legal Metrology in the State in which such exporter or importer is carrying on his business.

4. A certificate granted under sub-section (4) shall be valid for the period specified therein and may be renewed from time to time.

Part VI

Penalty for use of non-standard weight or measure :

Who ever uses any weight or measure or makes any numeration otherwise than in accordance with the standards of weight or measure or the numeration as the case may be, as established under this Act, shall be punished with imprisonment for a term which may extent to six months or with fine which may extend to one thousand rupees or with both and for second or subsequent offence with imprisonment for a term which may extend to two years and also with fine.

(There are different penalties for contravention’s in different section viz. Section 18,22,23,29,32,34,35,36,38,39,47,48,49 and other offences).

Part VII

Establishment of training institute :

1. There shall be established by the Central Government at such place as it may think fit, an Institute to be known as the "Indian Institute of Legal Metrology" for imparting training in legal metrology and other allied branches of knowledge.

2. The Institute may-

1. carryout such research in legal metrology and other branches of knowledge as may be entrusted to it by the Central Govt. and
2. hold such seminars, meetings other gatherings at it may think fit.

Part VIII

Miscellaneous

Survey of statistics

Conversion of non-metric weights and measures into standard units

39. Non-metric weight or measure not to be mentioned in any document etc, or to form the basis of any contract after the commencement of this Act.
40. Provision for appeals
41. Levy of fees
42. Power to make rules
43. Continuance of certain weights and measures during transitional period
44. Repeal and saving

(1) The standards of weights and measures act 1956 is hereby repealed