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THE
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(ENFORCEMENT)
RULES, 1986 |
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Provisions
of working standards, equipment etc, to the
Inspector |
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Physical
characteristics, configuration, constructional details of weights and
measures |
Periodical
interval for the verification of weights or measures |
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Use
of weights only or measures only or number only in certain cases |
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Licensing
of manufacturers, repairers and dealers of weights and measures |
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1.
Short
title and commencement:- (1)
these rules may be
called the Lakshadweep Standards of Weights and Measures (Enforcement
Rules, 1986. |
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(2)
They extend to the whole of |
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(3)
They shall come into force on such date as the Government may, by
notification, appoint, and different
dates may be appointed for - |
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(a)
different provisions of these rules; or |
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(b)
different areas; or |
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(c)
different classes of activities. |
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2.
Definitions:-
In these rules, unless
the context otherwise requires,- |
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(a)
‘Act’ means the Standards of
Weights and Measures (Enforcement) Act, 1985; |
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(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; |
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(c)
‘Schedule’ means a Schedule
appended to these rules; |
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(d)
‘Standards Act’ means the
Standards of Weights and Measures Act,
1976; |
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(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. |
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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. |
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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. |
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(2)
The verified secondary standards shall be kept at such place, and
in such custody as the Controller may direct.
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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. |
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(2)
The verified working standards shall be kept in the custody of
Inspectors. |
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6.
Secondary
standards balances:- (1)
A set of secondary standard balances shall be maintained at every
place where the secondary standard weights are kept. |
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(2)
The number, types and specifications of such balances shall be such
as may be prescribed under the Standards Act. |
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(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.
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7.
Working
standards balances:- (1)
A set of working standard balances shall be maintained at every
place where the working standard weights are kept. |
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(2)
The number, types and specifications of such balances shall be such
as may be prescribed under the Standards Act. |
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(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. |
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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. |
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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. |
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(2)
No weight other than a carat weight shall be used in any
transaction in precious
stones. |
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(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). |
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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- |
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(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 |
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(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. |
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(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. |
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(3)
The Register of Users referred to in sub-rule (2) shall be
maintained in the form set
out in Schedule III. |
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[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. |
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(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. |
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(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/- |
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(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. |
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(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. |
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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 |
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(a)
weight, if the commodity is solid, semi-solid, viscous or a
mixture of solid and liquid; |
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(b)
length, if the commodity is sold by
linear measure; |
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(c)
area, if the commodity is sold by
area measure; |
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(d)
volume, if the commodity is liquid
or is sold by cubic measure; or |
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(e)
number, if the commodity is sold by
number. |
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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. |
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(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. |
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(3)
Every license issued to a manufacturer, repairer or dealer shall be
in the appropriate form set out in Schedule VI. |
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(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. |
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(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. |
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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. |
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(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. |
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(7)
Every repairer licensed under the Act and these rules shall- |
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(a)
be required to maintain such equipment and tools, as the Controller may
direct; and |
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(b)
furnish to the State Government a
security deposit for each license as specified in Schedule IX. |
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(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. |
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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. |
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(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. |
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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: |
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Provided that storage tanks including vats shall be re-verified or
re-calibrated and stamped at least once in a period of five years. |
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(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. |
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(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. |
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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; |
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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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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(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. |
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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: |
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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. |
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(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. |
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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. |
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(3)
On completion of verification and stamping
the Inspector shall issue a certificate of verification in the form
set out in Schedule XI. |
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(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. |
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(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”. |
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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: |
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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. |
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(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. |
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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. |
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(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: |
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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. |
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(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). |
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(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. |
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18.
Qualifications
of Inspectors:- (1)
No person shall be appointed as Inspector unless he─ |
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(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 |
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(b)
is able to speak, read and write at
least one of the regional language of the State. |
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(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. |
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(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. |
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19.
Provisions
of working standards, equipment etc, to the
Inspector:- |
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(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. |
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(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. |
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(3)
Every Inspector shall be provided with punches of suitable sizes
of eight-pointed star as shown below for obliterating
stamps── |
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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; |
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Provided that this sub-rule shall not apply to itinerant vendors. |
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(2)
Every weight or measure shall
be used in a clean condition
and in proper lighting arrangement. |
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(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. |
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(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. |
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(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: |
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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. |
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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; |
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Provided that in the case of itinerant vendor, the
certificate shall be kept on his person. |
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Provided further that in the case of vehicle tank, the certificate
of verification shall be kept with the vehicle. |
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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. |
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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. |
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(2) A court fee label
of rupees two shall be affixed on the appeal petition. |
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