Section 41 in The Bombay Weights and Measures Act, 1932
41. Power of Government to make rules.
(1)[Government may make rules] [For Rules under this section, see G. N., G. D. No. 9492, dated 5th June, 1934, published in the B. G. G., Part 1 of 1934, pages 1323-56 see also Bombay Rules and orders, Volume I.] of carrying into effect the purposes of this Act.(2)Without prejudice to the generality or the foregoing provision, such rules may prescribe-(a)the composition, weight, length, form and specifications of secondary standards and the manner in which they shall be made;(b)[*********] [Clause (b) was deleted by Bombay 15 of 1955, Section 25(i).](c)the procedure for the verification, re-verification, adjustment or renewal of primary and secondary standards and marking of secondary standards;(d)the composition, weight, length, form and specifications and use of working standards, the authority by whom and the manner in which such standards shall be provided, the agency by whom such standards shall be made, the person by whom and the manner in which such standards shall be stamped, and the places at which and the custody and manner in which such standards shall be kept;(e)the procedure for the verification or re-verification and marking of working standards and the person by whom and the place where they shall be verified or re-verified;(f)the number of weighing and measuring instruments to be kept and necessary particulars regarding the same;(g)the authority by whom certified scales shall be provided for the purposes of this Act and the rules [* *] [The words 'and regulations' were deleted by Bombay 15 of 1955, Section 25(2).] and the manner in which they shall be verified or re-verified;(h)the composition, weight, length, form, specification and manufacture of weights and measures in use in any area;(i)the inspection, verification, re-verification, adjustment and stamping of weights and measures and weighing or measuring instruments in use in any area, including the prohibition of stamping in cases where the nature, denomination, material or mode of construction of the weight or measure or weighing or measuring instrument appears likely to facilitate the commission of fraud and the period within which such weights and measures and weighing or measuring instruments shall be verified or re-verified;(ii)[ the books, accounts and records relating to weights or measures or weighing or measuring instruments to be maintained and the manner in which they shall be maintained or produced;] [This clause was Inserted by Bombay 56 of 1948, Section 13.](j)the circumstances and conditions under which and the manner in which stamps may be obliterated or defaced;(k)the tests to be applied for the purpose of ascertaining the accuracy and efficiency of weights and measures and weighing or measuring instruments;(l)the limits of error to be allowed on verification and to be tolerated on inspection either generally or as regards any trade;(m)the amount of error to be tolerated in weights and measurers and weighing or measuring instruments used or intended to be used for trade;(mm)[ the amount of error to be tolerated in selling articles by weight or measure generally or as regards any trade or class of trades] [Clause (mm) was inserted by Bombay 22 of 1936, Section 4.];(mmm)[ the method of using weight or measure or weighing or measuring instrument generally or for a specified class of trades] [This clause was inserted by Bombay 56 of 1948, Section 13.];(n)the fees to be charged for the verification, re-verification, adjustment and stamping of weights and measures and weighing or measuring instruments and the collection and levy of the same;(o)the seizure, detention and destruction of weights and measures and weighing or measuring instruments which are not authorised by this Act [* * *] [The words 'and in regard to which n regulations have made under section 42' were deleted by Bombay 15 of 1955, Section 25(3).];(p)[ * * * * * * * * * *] [ Clause (p) was deleted by Bombay 15 of 1955, Section 25(4).]'(q)the qualifications, functions and duties generally of inspectors under this Act and the rules [* *] [The words 'and regulations' were deleted by Bombay 15 of 1955, Section 25(5).];(r)any other matters for which no provision or insufficient provision is made in this Act and for which provision is, in the opinion of Government, necessary.(3)The powers to make rules under this section shall be subject to the condition of previous publication in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Laws Order in Council.],[Any rules made by the [State] [The words 'any rules made by the Provincial Government' were substituted for the words 'The rules made' by the Adaptation of Indian Laws Order in Council.] Government] under this section shall be laid [before each [House] [These words were substituted words 'on the table of the Bombay Legislative Council' by the Adaptation of Indian Laws Orders in Council.] of the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] legislature] for not less than one month previous to the next session thereof and shall be liable to be rescinded or modified by a resolution [in which both [Houses] [These words were substituted for the words 'of the said Council' by the Adaptation of Indian Laws Order in Council.] concur]. If any rule is modified, the [ [State] [The words 'Provincial Government' were substituted for the words 'Governor in Council' by the Adaptation of Indian Laws Order in Council.] Government] may accept the modification and republish the rule accordingly, or may rescind the rule.(4)[ The rules may provide that any person committing a breach of the same shall, on conviction, be punishable with fine which may extend to rupees one hundred.] [This sub-section was inserted by Bombay 56 of 1948, Section 13.]
