THE LAKSHADWEEP STANDARDS OF WEIGHTS AND MEASURES

(ENFORCEMENT) RULES, 1986

Title and commencement

Working standards balances

Records to be maintained by manufacturers

Provisions of working standards, equipment etc, to the   Inspector

Definitions

Physical characteristics, configuration, constructional details of weights and measures

Periodical interval for the verification of weights or measures

Provisions relating to use of weights, measures, etc

Reference Standards

Use of bullion weights, carat weights

 Verification and inspection of weight or measures

Certificate of verification to be exhibited

Secondary Standards

Registration of users of weights and measures

Stamping of weights or measures

Penalty for contravention of rules

Working Standards

Use of weights only or measures only or number only in certain cases

Disposal of seized weights, measures, etc

Form of appeal

Secondary standards balances

Licensing of manufacturers, repairers and dealers of weights and measures

Qualifications of Inspectors

 

1.  Short title and commencement:-  

(1)  these rules  may be called the Lakshadweep Standards of Weights and Measures (Enforcement Rules, 1986.

(2)            They extend to the whole of Lakshadweep .

(3)  They shall come into force on such date as the Government may, by notification, appoint, and different  dates may be appointed for -

(a)          different provisions of these rules; or

(b)          different areas; or

(c)        different classes of activities.

 

2. Definitions:-  In these rules, unless the context otherwise requires,-

 

(a)     ‘Act’ means the Standards of Weights and Measures (Enforcement) Act, 1985;

 

(b)     ‘Reference Standard Laboratory’ means a laboratory set up by the Central Government under the Standards Act where reference standards and secondary standards are  maintained;

 

(c)      ‘Schedule’ means a Schedule  appended to these rules;

 

(d)     ‘Standards Act’ means the Standards of Weights and Measures  Act, 1976;

 

(e)     Words and expressions used in these rules and not defined in the Act and the Standards Act shall have the meanings respectively assigned to them in those Acts.

 

3.  Reference Standards:-  The reference standards shall be kept at such place, in such manner and in such custody as may be prescribed under the Standards Act.

 

4.  Secondary Standards:-  

(1)  Every secondary standard  shall be verified at any of the Reference Standards Laboratories, in such manner and at such periodical intervals as may be prescribed under the Standards Act and shall, if found on such verification to conform  to the standards established by or under that Act, be stamped by the laboratory-in-charge of the Reference Standard Laboratory.

 

 (2)  The verified secondary standards shall be kept at such place, and in such custody as the Controller may direct.    

 

5.  Working Standards :-    

(1)  Every working standard shall be verified  either at any of the Reference Standard Laboratories, or at any of the places where secondary standards are maintained by the State Government, in such manner and at such periodical intervals as may be prescribed under the Standards Act and shall, if found on such verification to conform to the standards established by or under that Act, be stamped, as the case may be, by the laboratory-in-charge of the Reference Standard  Laboratory or by the Controller or such other officer as may be authorized by the Controller in this behalf.

 

 (2)  The verified working standards shall be kept in the custody of Inspectors.

 

6.  Secondary standards balances:-  

(1)  A set of secondary standard balances shall be maintained at every place where the secondary standard weights are kept.

 (2)  The number, types and specifications of such balances shall be such as may be prescribed under the Standards Act.

 

 (3)  Every secondary standard balance shall be verified at least once a year and shall be adjusted, if necessary, to make it correct within the limits or sensitivity and other metrological qualities prescribed under the Standards Act, by the laboratory-in-charge of the Reference Standard Laboratory or by the Controller or such other officer as may be authorized by the Controller in this behalf.     

 

7.  Working standards balances:-  

(1)  A set of working standard balances shall be maintained at every place where the working standard weights are kept.

 

 (2)  The number, types and specifications of such balances shall be such as may be prescribed under the Standards Act.

 

(3)  Every working standard  balance shall be verified at least once a year and shall be adjusted, if necessary, to make it correct within the limits or sensitivity and other metrological qualities prescribed under the Standards Act, by the laboratory-in-charge of the Reference Standard Laboratory or by the Controller or such other officer as may be authorized by the Controller in this behalf.

 

8.  Physical characteristics, configuration, constructional details of weights and measures:-   Every weight or measure used or intended to be used in any transaction or for industrial production or for protection shall conform as regards physical characteristics, configuration, constructional details, materials,  performance, tolerances  and such other details, to the  specifications prescribed under the Standards Act.  

 

 

9.  Use of bullion weights, carat weights etc.:-  

(1)  No weight  other than a bullion weight shall be used in any transaction in bullion including precious metals, pearls and ornaments and other articles made of gold or silver.

 

 (2)  No weight other than a carat weight shall be used in any transaction  in precious stones.

 

 

 (3)  No balance or weighing instrument other than a balance or weighing instrument of accuracy Class ‘B’  or Class  II or higher accuracy shall be used in any transaction referred to in sub-rules (1) and (2).

 

10.  Registration of users of weights and measures:-     

(1)  Every person other than an itinerant vendor who intends to commence, or carry the use of any weight or measure in any transaction or for industrial production or for protection, shall make an application in Form A-1 of Schedule I, accompanied by a fee of rupees five, to the  Controller may, by general or special order in writing authorize in this behalf, for the registration of his name; and every such application shall be made-

 

(i)   in the case of an applicant using any weight or measure at the commencement of these rules, within ninety days from such commencements; or

 

(ii) in the case of an applicant who commences use of any weight or measure after the commencement of these rules,   within ninety days from the date on which he commences such use.

 

 (2)  The Controller or the officer authorized by him shall include  the name of the applicant in a register to be known as Register of Users and issue to him a certificate in Form A-3 of Schedule II.

 (3)  The Register of Users referred to in sub-rule (2) shall be maintained  in the form set out in Schedule III.

 

 

[4)  The certificate referred to in sub-rule (2)  shall be valid for five years and may be renewed on payment of a fee of rupees five.

 

(5)  An application for renewal shall be made in From A-2 of Schedule I,  thirty days before the expiry  of validity of the registration certificate.

 

(6)  Where a certificate of registration is lost or destroyed, the holder of the certificate  shall forthwith apply to the authority who had issued the certificate, for the issue of a duplicate certificate of registration.  Every such application for the issue of a duplicate certificate shall be  accompanied by a fee or Rs. 2/-

 

(7)  If a person, who intends to discontinue the use of weight or measure for which he has been registered,  desires to get his name deleted from the Register of users, he shall surrender  the certificate of registration to the Controller or such other officer as may be authorized by him in this behalf.

 

 (8)  If a user intends to sell any weight or measure specified in Schedule II A he shall obtain a written permission of the Controller or such other officer as may be authorized by  him in this behalf.

 

11.  Use of weights only or measures only or number only in certain cases:-   Except  in the cases of commodities specified in Schedule IV, the declaration of quantity in every transaction, dealing or contract, or for industrial production or for protection shall be in terms of the unit  of

 (a)  weight, if the commodity is solid, semi-solid, viscous or a  mixture of solid and liquid;

 

(b)         length, if the commodity is sold by linear measure;

 

(c)               area, if the commodity is sold by area measure;

 

(d)      volume, if the commodity is liquid or is sold by cubic measure; or

 

(e)      number, if the commodity is sold by number.

 

 

12.  Licensing of manufacturers, repairers and dealers of weights and measures :-     

(1)  Every manufacturer or repairer of, or dealer in, weight or measure shall make an application for the issue of a license to the Controller or such other  officer as may be authorized by  him in this behalf, in the appropriate form set out in Schedule V-A.

 

(2)  Every manufacturer or repairer of, or dealer in weight or measure shall make an application for the renewal of a license thirty days before the expiry of validity of the license to the Controller or such other officer as may be authorized by him in this behalf, in the appropriate form set out in Schedule V-B.

 

(3)  Every license issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule VI.

 

(4)  Every license issued to a manufacturer, repairer or dealer shall be valid for a period of one calendar year, and may be renewed from year to year by the Controller or such other officer as may be authorized by him in this behalf.

 

(5)  The fees payable for the license referred to in sub-rule (1) and (2)  and for its renewal shall be as specified in Schedule VII.

                      Provided that an additional fee at half the rates specified in Schedule VII shall be payable by the applicant if he is permitted by the Controller to make the application for the renewal of a license with in a period of one month from the date of expiry of the period of validity of the license.

 

(6)  The Controller or such other officer as may be authorized by him in this behalf shall maintain a register of licensed manufacturers, dealers and repairers in the form set out in Schedule VIII.

                

(7)  Every repairer licensed under the Act and these rules shall-

 

 

(a)      be required  to maintain such equipment and tools, as the Controller may direct; and

 

(b)      furnish to the State Government a security deposit for each license as specified in Schedule IX.  

 

(8)  The weights or measures seized by the Controller or any other officer authorized by him in writing, in this behalf, under sub-section (5)  of section 20 of the Act, shall be sold and proceeds thereto credited to the Government.

 

13.  Records to be maintained by manufacturers, etc.:-  (1)  Every manufacturer or repairer of, or dealer in, weight or measure licensed under the Act and these rules shall maintain a register in the appropriate form set out in Schedule X.

 

                 (2)  Every person using any weight or measure in any transaction or for industrial production or for protection shall maintain such records and registers as the Controller may direct.

 

 

14.  Periodical interval for the verification of weights or measures:-    

(1) Every weight or measure used or intended to be used in any transaction or for industrial production or for protection shall be verified or re-verified and stamped at least once in a year:

               Provided that storage tanks including vats shall be re-verified or re-calibrated and stamped at least once in a period of five years.

 

 (2)  Notwithstanding anything contained in sub-rule (1) every weight or measure which has been verified and stamped in situ shall, if it is dismantled and re-installed before the date on which the verification  falls due be delay re-verified and stamped on payment of the prescribed fee, before being put into use.

 

 (3)  Notwithstanding anything contained in sub-rule (1) every weight or measure which has been verified and stamped shall, if it  is repaired before the date on which the verification falls due be duly re-verified and stamped on payment of the prescribed fee, before being put into use.

 

15. Verification and inspection of weight or measures:-  

(1)  Every person using any weight or measure in any transaction or for industrial production or for protection shall present such weight or measure for verification  or re-verification at the office of the Inspector or at such other place as the Inspector may specify in this behalf on or before the date on which the verification falls due;

            Provided that where any weight or measure is such that it cannot, or should not be moved from its location, the person using such weight or measure shall report to the Inspector at least thirty days in advance the date on which the verification  falls due.

 

 (2)  Where any weight or measure is such that it cannot, or should not be moved from its location, the Inspector shall take necessary steps for the verification of such weight or measure at the place  or its location.

 

 (3)  For the verification of weight or measure referred to in sub-rule (2), the uses shall provide such facilities as may be required by the Inspector.

 

 (4)  Every weight or measure presented for verification shall be complete in itself and shall not bear a manufacturer’s mark which might be mistaken for the Inspector’s stamp.

 

 (5)  Every weight or measure shall be verified in a clean condition, and if necessary, the Inspector shall require the owner or user to make necessary arrangement for the purpose.

 

 (6)  Where a weight  or measure is brought to the Inspector  for verification or re-verification, he may verify the same after realization of the prescribed fee.

 

 (7)  An Inspector shall visit, as frequently  as possible during the period specified in sub-rule (1)   of rule 14, every premises within the local limits of his jurisdiction to inspect and test any  weight  or measure which is being, or is intended or likely to be, used in any transaction or for industrial production or for protection.

 

16.  Stamping of weights or measures:-  

(1)  The Inspector shall stamp every weight or measure, if after verification, he is satisfied  that such weight or measure conforms to the standards established by or under the Standards Act, with a stamp of uniform design, issued by the Controller, which shall indicate the number allotted for administrative purposes to the Inspector by whom it is tamped:

                    Provided that if by reason of the size or nature of any weight  or measure it is not desirable or practicable to put a stamp thereon,  the Inspector shall take such action as maybe directed by the Controller, by a general or a special order in writing.

 

 (2)  The Inspector shall also mark the year and its quarter of stamping on every verified weight or measure except when the size  or nature of such weight  or measure makes it impracticable.  

                   Explanation.-  A year shall be deemed to consist of four quarters of which first quarter shall be of the months of January, February and March;  second quarter shall be of the months  of April, May and June; third quarter shall be of the months of July, August and September; and fourth quarter shall be of the months of  October, November and December.

 

 (3)  On completion of verification and stamping  the Inspector shall issue a certificate of verification in the form set out in Schedule XI.

 

 (4)  Where a certificate of verification is lost or destroyed, the holder of the certificate of verification shall forthwith apply to the Inspector who had issued the certificate, for the issue of a duplicate certificate, of verification.  Every such application for the issue of a duplicate certificate shall be accompanied by a fee of rupees five.

 

 (5)  On receipt of an application under sub-rule (4), the Inspector shall issue to the applicant a duplicate copy of the certificate of verification marked “DUPLICATE”.

 

17.  Disposal of seized weights, measures, etc:-  

(1)  Any weight or measure or document or thing seized and  detained under section 30 or 31 of the Act,  which is not to be the subject of proceedings in a Court, shall, after the expiry of sixty days of its seizure,  be so dealt with as the Controller  may by general or special  order  direct, and the materials thereof shall be  sold  and the proceeds credited to the Government:

                          

             Provided that the Controller may direct that un-verified weight or measure shall be returned to the person from whom such weight or measure was seized if that person gets the same verified and stamped, within ten days of the return, on payment of the prescribed fee including the additional fee payable for undertaking re-verification after the expiry  of the validity of the stamp.

 

 (2)  Any weight or measure or document or thing seized and detained under sections 30 or 31 of the Act, which is to be the subject of proceedings in a Court, shall be produced by the Inspector before  the Court shall, after conclusion of the proceedings, be taken possession of by the Inspector and dealt with  in accordance with the orders of the Courts.

 

               Provided that in the absence of the orders of the Court, weight or measure or document or thing shall be dealt with as the Controller may be special order direct and the materials thereof shall be sold and the proceeds credited to the Government.

 

 (3)  If any goods, seized under sections 30 or 31 of the Act, are subject to speedy or natural decay, the Inspector shall have the goods weighed or measured on a verified weighing or measuring instrument available with him or near the place of offence and enter the actual weight or measure  of the goods in a form specified by the Controller for this purpose, and shall obtain the signature of the trader of his agent or such other person who has committed the office.  The goods in question shall be returned to the  trader or the purchaser as the case may be:

 

                       Provided that if the trader or his agent or the other person (who has committed the offence)  refuses to sign the form, the Inspector shall obtain the signature of  not less than two persons presents at the time of such  refusal by the trader or his agent or other person.

 

 (4)  Where the goods seized under  sub-section (1) of section 29 of the Standards Act are contained in a package and the package  is false or does not conform to the provisions  of the Act or any rule made there under and the goods in such package are subject to speedy or natural decay, the Inspector so far as may be, may dispose of the goods in such package in accordance with the provisions of         sub-rule (3).

 

 (5)  Where the goods seized under sub-section (1)  are not subject to speedy or natural decay, the Inspector may retain the package  for the purpose of prosecution under this Act after giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure.

 

18.  Qualifications of Inspectors:-  

(1)  No person shall be appointed as Inspector unless he─

 

(a)   is a graduate of a recognized  University in Science (with physics as one of the subject), technology or engineering, or holds a recognized diploma in engineering; and

   

(b)   is able to speak, read and write at  least one of the regional language of the State.

 

(2)  Nothing in Sub-rule (1) shall apply to persons who  have been working as Inspectors or are eligible for promotion as Inspectors  before the commencement of these rules.

 

 (3)  The person appointed to the post of Inspector shall have to successfully complete the basic training course at the Indian Institute  of Legal Metrology established by the Central Government under section 76 of the Standards Act before he is considered for confirmation tot eh post.

 

19.  Provisions of working standards, equipment etc, to the   Inspector:-

   

 

 (1)  Every Inspector shall be provided with  working standards, working standard balances, and such other equipment  including weighing and measuring devices as may be approved by the Controller from time to time.

 

 (2)  Every Inspector shall be provided with such dies, punches and such other equipment as may be necessary for affixing the verification stamp, the design and number of which are to be approved by the Controller.

 

 (3)  Every Inspector shall be provided with punches of suitable sizes  of eight-pointed star as shown below for obliterating stamps──

 

20. Provisions relating to use of weights, measures, etc.:-  

(1)  Every person using a beam scale in any transactions in his premises shall suspend the same to a stand or to a chain by a hook;

 

                      Provided that this sub-rule shall not apply to itinerant vendors.

 

 

 (2)  Every weight or measure  shall be used in a clean  condition and in proper lighting arrangement.

 

 (3)  Any weight or measure which has been verified and stamped in situ shall not be dismantled and removed from its original site without prior intimation to the Controller or other person authorized by  him in this behalf.

 

 (4)  The user of a weighing instrument of the capacity of five hundred kilogram or above, shall provide such number of duly verified and stamped weights not exceeding one-fourth of the capacity of the instrument as may  be required by the Inspector for the purpose of its verification, re-verification or inspection.

 

 (5)  To ensure a proper check of the accuracy of a weighing instrument the user shall keep at the site of each weighing instrument duly verified and stamped weights equal to one-tenth of the capacity of the instrument or one tone whichever is less:

 

             Provided that the Controller may specify the total number of verified and stamped weights to be maintained in trade premises where the number of weighing instruments is more than one.

 

21.  Certificate of verification to be exhibited:-  The person to whom a certificate of verification is issued shall exhibit the same in a conspicuous place in the premises where the weights, measures or weighing or measuring instruments to which the certificate relates are used;

                          Provided that in the case of itinerant vendor, the  certificate shall be kept on his person.

 

                         Provided further that in the case of vehicle tank, the certificate of verification shall be kept with the vehicle.

 

22.  Penalty for contravention of rules:-  Whoever contravenes  any provision of these rules, for the contravention of which no punishment has been separately provided in the Act, shall be punished with fine which may extend to one thousand rupees.

 

23. Form of appeal:-  (1)  Every appeal under the Act and these rules shall be preferred in the Form set out in Schedule XII, and shall be accompanied by a copy of the order appealed against.

 

                          (2)  A court fee label of rupees two shall be affixed on the appeal petition.