STANDARD WEIGHT & MEASURE

 

Ever since humans started living in community settlements, day to day activities have required the adoption of a set of standards for weights and measures.

 For example, an everyday statement such as "I went to the market this morning and bought 2 kgs of vegetables; the market is 1 km away and it took me 15 mins to get there" uses the three standards of mass, length, and time.

Without a common set of measures for these quantities, we would not be able to convey the quantitative meaning of this statement.

The scientific study of such measures is called metrology and it is an important part of modern industrial societies.

are maintained by national institutions (such as the National Physical Laboratory in New Delhi) in coordination with similar bodies in other countries. 

In olden times, each local community had its own set measures defined by arbitrary man-made artifacts. As long as inter-community trade was not common, this proved to be sufficient. Usually kings and chiefs used their power to set the standards to be employed in their territories.

 For example, the measure of length 'inch' was probably defined as the size of the thumb of a tribal chief and the length of his foot gave birth to a standard 'foot'.

 As trade and commerce increased it became necessary to introduce more global standards. In addition, with the rise of rationalism and modern science in 17th century Europe, the limitations of such arbitrary definitions soon became apparent.

For instance, the results of controlled scientific experiments in different laboratories could not be compared unless all scientists agreed on a common set of standards.

  

Modern standards have to satisfy several important requirements:

• ·         they should be invariant, Le. the definition should not change with time;
• ·         they should be reproducible, i.e. it should be possible to make accurate and faithful copies of the original;
• ·         they should be on a human scale, Le. of a size useful for everyday purposes;
• ·         and they should be consistent with physical laws, Le. a minimum number of independent units should be defined and other units derived from these using known physical laws.

 

What is the Standards of Weights and Measures Act?

·         The Standards of Weights and Measures Act, 1976 establishes the standards of weights and measures in accordance with the international system ("SI").

·         Such standardization is indispensable to ensure that the consumers are not cheated by false weights and measures.

·         The Act contains express provisions to regulate trade in packaged commodities taking due care of public interest.

·         The inter-state trade or commerce in weights and measures is also regulated.

·         The Act makes obligatory a proper indication on every package containing goods the net quantity of the commodity by weight, measures or number and the identity of the commodity it contains.

·         The commodities commonly used by people should be packaged in rationalized standard quantities by weight, measure or number, so as to facilitate the comparison of prices by the consumers.

·         Further, an indication of the date of manufacture and date of expiry has also been made necessary for appropriate products.

·         The name of the manufacturer and the price of the package should also be indicated.

What was the objectives?

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.

·         Protect the interest of consumers.

·         establishment of an Indian Institute of Legal Metrology for imparting training in legal metrology to inspectors and other persons;

·         surveys and collection of statistics for facilitating planning and enforcement of the policies of the Act;

·         the control and regulation of manufacture, export and import of weights and measures and commodities in packaged form;

·         approval (before manufacture) of models of weighting and measuring instruments

STANDARD

The Act specifically makes it compulsory that every unit of weight or measure should be based on the internationally recognised metric system.

 Under the Act, therefore, the base units of length, mass and time are the meter, the kilogram and the second, as the case may be.

For electric current, the base unit is the ampere and for thermodynamic temperature, the Kelvin

The Act empowers the central government to specify, in relation to the base units of weights or measure, such supplementary, derived, or other units or standard symbols or definitions as the general conference on Weights and Measures or the International Organization of Legal Metrology may recommend from time to time

As regards numeration the base unit is the international form of Indian numerals.

Under the scheme every numeration has to be made in accordance with the decimal system.

For the purpose of deriving the value of base units, the central government has to cause to prepare necessary objects and equipments and also cause the accuracy of such objects or equipments to be certified by   the International Bureau of Weights and Measures. 

The use of any weight, measure or numeral other than the standard weight, measure or numeral is prohibited.

As regards the custody and verification of standard equipments, the central government has to supply to each state government the required sets of the reference standard and keep in its own custody also the necessary number of sets of the reference standard.

These reference standards can be used as such only after they are verified and authenticated

 

Whenever any secondary standard or working standard is stamped, a certificate is separately given to that effect showing the date on which such weights or measure was stamped.35 Any secondary standard or working standard which has not been verified and stamped cannot be deemed to be a secondary standard or working standard and cannot be put to use

For the maintenance of standards, the Act provides for a separate machinery comprising a director, legal metrology, additional, joint, deputy or assistant directors and other officers and staff as may be necessary to be appointed by the central government.

 They are deemed to be public servants within the meaning of section 2, IPC, but they are not held liable under the Act in respect of any thing done or intended to be done in good faith.

 The Act also requires the appointment of a controller and inspectors of weights and measures in each state.

The central government may, with the consent of state government, delegate some of the powers of the director to the controller in the state.

These powers may be sub-delegated by the controller to other officers not being below the rank of an inspector.

 

The director and any other person authorised to exercise the powers or discharge his functions have been given special powers of search and inspection under the Act.

They can enter any premises at a reasonable time for search and inspection of weights, measures or other goods and any record, register or other related documents.

But before undertaking any of these actions, there should be a reason to believe that any such weight or measure or other goods, have been or are likely to be used in any inter-state trade or commerce in contravention of the provisions of the Act.

To prevent abuse of powers by the concerned authorities, any person aggrieved by an order issued by an authorised person may prefer an appeal against such order to the director, or where the order has been made by the director, to the central government.45 Every appeal shall be preferred within sixty days from the date on which the impugned order was made.

 The appellant authority may permit the appellant to prefer the appeal within a further period of sixty days if it is satisfied that the appellant was prevented from doing so by sufficient cause.

 

 

 

What are the Penal provisions?

S 50

Whoever uses any weight or measure or makes any numeration otherwise than in accordance with the standards established by or under this Act, can be punished with imprisonment for a term which may extend to six months, or with fine which may extend to one thousand rupees, or with both, and for the second or subsequent offence, with imprisonment for a term which may extend to two years and also with fine

S51 and S 18

Tampering with or alterations of any reference standard, secondary standard, or working standard, other than correctional purposes is punishable with imprisonment for a term which may extend to two years or with fine, which may extend to five thousand rupees, or with both

 

S 52 and S 22

Any person who makes or manufactures any weight or measure, not conforming to the prescribed standards, can be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both, and for the second or subsequent offence with imprisonment for a term which may extend to three years and also with fine

S 52 and S 23

Similarly, every person who makes or manufactures any weight or measure bearing an inscription not conforming to the required standards under the Act can be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees or with both, and for the second or subsequent offence, with imprisonment for a term which may extend to three years and also with fine.

However, a person cannot be so punished, he has made or manufactured such a weight or measure exclusively for export with the permission of the central government.

 

S 54 and S 29

any person obstructs or does anything to deter or prevent the director, an authorised officer from the exercise of his powers or discharge of his functions as such director or authorised officer, he can be punished with imprisonment for a term which may extend to two years, and for the second or subsequent offence, with imprisonment for a term which may extend to five years

 

S 55 and S 32

Contraventions of standards in any transaction, deal or contract in the course of any inter-state trade or commerce is punishable with fine which may extend to two thousand rupees, and for the second or subsequent offence, with imprisonment for a term which may extend to one year and also with fine.

 

S 36 and S 60

Making or manufacturing any weight or measure which is or is intended to be sold, distributed, delivered or otherwise transferred in the course of inter-state trade or commerce, without a certificate of approval of the modal of such weight or measure is punishable with imprisonment for a term which may extend to two years and shall also be liable to fine,76 and for the second or subsequent offence, with imprisonment for a term which may be extended to five years and also with fine.

 

S 62

Any sale, distribution, delivery or transfer otherwise of any weight or measure in the course of inter-state trade or commerce which does not conform to the established standards or which has not been duly verified is punishable with fine which may extend to ten thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to seven years and also with fine

S 58 and S 35

Any omission or failure to maintain any record or register or to produce the same for inspection, without any reasonable excuse can be punished with fine which may extend to one thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine

S 64 and S 47

Export or import of weights or measures without proper registration under the Act is punishable with fine which may extend to one thousand rupees and for the second or subsequent offence, with imprisonment for a term which may extend to six months and also with fine

S 69

The Act also prescribes punishments for personification by any one as the director or any authorised officer. Such a person can be punished with imprisonment for a term which may extend to three years

S 70(1)

When the search of any house, conveyance, place or person is conducted or any weight or measure or other movable property is seized without a reasonable ground, the officer concerned can be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees or with both.

 

Cognizance S. 72(a) & S. 72(b)

Cognizance of an offence punishable under the Act can be taken by a court only upon a complaint in writing made by the director, any other authorised officer or any aggrieved person or a recognised consumer association, whether the person aggrieved is a member of such association or not. Offences under the Act are triable by a court not below the rank of a metropolitan magistrate or a judicial magistrate of the first class. Certain cases may be tried by a magistrate summarily, but no sentence of imprisonment for a term exceeding one year can be passed in such cases

Compoundability of Offence

The Act declares certain offences as compoundable, either before or after the institution of the prosecution by the director or authorised officer, on payment of such sum as the director or such authorised officer may specify. Such sum, however, should not in any case, exceed the maximum amount of the fine which may be imposed under this Act for the offence so compounded.

The offences compoundable under the Act are:

(a) the use of non-standard weights and measures;

 (b) unspecified use of a certain weight or measure;

 (c) issuing quotations not in standard units;

 (d) following practices contrary to standard units;

 (e) failure to maintain records and registers;

 (f) not following the provisions about testing of models;

(g) manufacturing weights and measures in the absence of certificate of models;

 (h) non-declaration of quantities and origin of commodities in packaged form;

 (i) exporting or importing units without registration;

 (j) importing of non-metric units;

(k) offence for which no specific penalty is provided.

 Subsequent offence by a person who commits the same or similar offence within a period of three years from the date on which the first offence was committed by him is compounded.

Where an offence has been compounded, the offender cannot be subjected to any prosecution or proceedings in respect of that offence.

If he is in custody, he has to be discharged forthwith.

 No offence under this Act can be compounded except as provided by this section.

f an offence under this Act is committed by a company, the person incharge of or responsible to the company to conduct business, at the time the offence was committed, can be deemed to be guilty of the offence and held liable. But such a person cannot be punished if he proves that the offence was committed without his knowledge or that he had exercised all due diligence to prevent the commission of such offence

 

On conviction for contravention of any of the provisions of the Act, the convicting court can cause the name and place of business of the company, nature of the contravention, the fact of conviction, and such other particulars as may be considered appropriate in the circumstances of the case, to be published at the expenses of the company in such newspaper or in such other manner as the court may direct

 

 

 

 

 

Authorities also have the power to inspect, search, seize and forfeit the goods involved in the offence.

 

 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.