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Bombay Presidency - Act

The Bombay Weights and Measures (Enforcement) Act, 1958

BOMBAY PRESIDENCY
India

The Bombay Weights and Measures (Enforcement) Act, 1958

Act 69 of 1958

Published on 27 September 1958
Commenced on 27 September 1958
[This is the version of this document from 27 September 1958.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Weights and Measures (Enforcement) Act, 1958Bombay Act No. 69 of 1958[27th September, 1958]For Statement of Objects and Reasons see Bombay Government Gazette, 1958, Part V, pages 569 and 570.An Act to provide for the enforcement of standard of weights and measures in the State of Bombay, and for matters connected therewith.Whereas it is expedient to provide for the enforcement of standard weights and measures in the State of Bombay and for matters connected therewith; It is hereby enacted in the Ninth Year of the Republic of India as follows:-

Chapter I
Preliminary

1. Short title, extent and commencement.

(1)This Act may be called the Bombay Weights and Measures (Enforcement) Act, 1958.

(2)It extends to the whole of the [State of Maharashtra] [These words were substituted for the words 'State of Bombay' by the Maharashtra Adaptation of Laws (State and Concurrent Subjects) Order, 1960.].

(3)It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act, or for different areas, or for different classes or undertakings, or for different classes of goods.

2. Definitions.

- In this Act unless the context otherwise requires,-

(a)"commercial weight or measure" means a weight or measure purporting to be a standard weight or measure used in any transaction for trade or commerce;

(b)"Controller" means the Controller of Weights and Measures appointed under section 15;

(c)"Inspector" means an Inspector of Weights and Measures appointed under section 15;

(d)"measuring instrument" means any measuring instrument other than a weighing instrument and includes any instrument for measuring length, area, volume or capacity;

(e)"Mint" means the mint of the Central Government either in Bombay or in Calcutta;

(f)"prescribed" means prescribed by rules made under this Act;

(g)"reference standards" means the sets of standard weights and measures supplied to the State Government by the Central Government in pursuance of subsection (2) of section 15 of the Standards of Weights and Measures Act, 1956;

(gg)[ "sealed package or container" means a closed packet, bottle, casket, tin, barrel, case, receptacle, bag, sack, wrapper or any other thing in which any article is placed or packed, and which is intended to be sold with its contents, without any weighment or measurement of such contents at the time of sale;] [This clause was inserted by Maharashtra 14 of 1965, Section 2(a).]

(h)"standard weight or measure" means any unit of mass or measure referred to in sub-section (1) of section 13 of the Standards of Weights and Measures Act, 1956;

(i)"stamping" means marking in such manner as to be, so far as practicable, indelible, and includes casting.engraving, etching and branding;

(ii)[ "use in transaction for trade or commerce" means use for the purpose of determining or declaring the quantity of anything in terms of measurement of length, area, volume, capacity or weight in or in connection with- [This clause was inserted by Maharashtra 14 of 1965,Section 2(b).]

(a)any contract, whether by way of sale, purchase, exchange or otherwise; or

(b)any assessment of royalty, toll, duty or other dues; or

(c)the assessment of any work done or services rendered, otherwise than in relation to research or scientific studies or in individual households for household purposes;]

(j)"verification" with its grammatical variations, used with reference to a weight or measure or weighing or measuring instrument, includes the process of comparing, checking or testing such weight or measure or weighing or measuring instrument, and also includes re-verification;

(k)"weighing instrument" means any instrument for weighing and includes scales with the weight belonging thereto, scale-beams, balances spring balances, steel yards and other weighing machines.

Chapter II
Standard Weights and Measures

3. Working standard.

(1)For the purpose of verifying the correctness of commercial weights and measures and weighing and measuring instruments used in transactions for trade or commerce, the State Government may cause to be prepared as many sets of authenticated standard weights and measures as it may deem necessary to be called the working standard [* * *] [The portion beginning with the words 'and special' and ending with the words 'be prepared' was deleted by Maharashtra 14 of 1965,Section 3(a).].

(2)The working standard shall be made of such material, and according to such designs and specifications, and shall be prepared by such agency and shall be stamped and authenticated by such person or authority, and in such manner, as may be prescribed.

(3)The working standards shall be kept as such places, in such custody, and in such manner, as may be prescribed.

(4)A working standard shall be verified with the secondary standard and marked by such persons at such places, such intervals, and in such manner, as may be prescribed:[* * * * * * * ] [This proviso was deleted by Maharashtra 14 of 1965, Section 3(b).]

(5)A working standard which is not so verified and marked within the prescribed period, shall not be deemed legal, or be used for the purposes of this Act.

(6)A working standard which has become defective shall not be deemed legal, or be used for the purposes of this Act, until it has been verified and marked in the prescribed manner.

4. Secondary standards.

(1)For the purpose of verifying the correctness of the working standards, the State Government may cause to be prepared at the Mint as many sets of authenticated standard weights and measures as it may deem necessary, to be called the secondary standards.

(2)The secondary standards shall be made of such material, and according to such design and specifications, as may be prescribed, and shall be stamped and authenticated by such person or authority, as the Central Government may direct.

(3)The secondary standards shall be kept at such places, in such custody, and in such manner, as may be prescribed.

(4)A secondary standards shall be verified with the reference standard at least once in every period of five years, and shall be marked with the date of verification in the prescribed manner by such person or authority as the State Government may direct.

(5)A secondary standard which is not so verified and marked within the aforesaid period, shall not be deemed legal, and shall not be used for the purposes of this Act.

5. Reference standards.

- The reference standards shall be kept at such places, in custody, and in such manner, as the State Government may direct.

6. Standard weighing and measuring instruments.

(1)For the purpose of verifying the correctness of commercial weights and measures and of weighing and measuring instruments used in transactions for trade or commerce, the, State Government may cause to be prepared as many sets of weighing and measuring instruments as it may deem necessary.

(2)Such instruments shall be of such kind, kept in such number, and shall be verified and stamped in such manner, as may be prescribed.

(3)Such Instruments shall be kept at all places where secondary standards or working standards are kept.

7. Prohibition of use of weights and measures other than standard weights and measures.

- [(1) Notwithstanding anything contained in any other law or any custom, usage or practice, no unit of mass or measure, other than the standard weights or measures, shall be used in any transactions for trade or commerce in any area or class of goods or undertakings in respect of which this section has come into force; or be kept in any premises where such transactions are usually conducted.] [This sub-section was substituted by Maharashtra 14 of 1965, Section 4.]

(2)Any custom, usage, practice or method of whatever nature which permits in any trade, a trader, seller or buyer to demand, receive, or cause to be demanded or received, any quantity of articles in excess of, or less than, the quantity fixed by the weight or measure by which the contract or dealing in respect of the said articles has been made, shall be void.

(3)Any transaction, dealing or contract made or had after the expiry or three months from the commencement of this section shall, in so far as it contravenes the provisions of sub-section (1), void.

8. Power to prescribe use of weights only, or measures only, in certain cases.

(1)Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that in any specified trade or class of trades, no transaction, dealing or contract shall be made or had except by weight only, or except by measure only.

(2)A notification issued under this section shall take effect in such area, with effect from such date, and subject to such conditions, if any, as may be specified therein.

Chapter III
Verification and Stamping of Weights and Measures

9. Marking of denominations on commercial weights and measures.

- Every weight or measure manufactured for use as a commercial weight or measure shall bear the denomination of the weight or measure which it purports to be marked legibly on it, in such manner as may be prescribed.

10. Prohibition of sale of unstamped commercial weights and measures.

- No commercial weight or measure or weighing or measuring instrument shall be sold or delivered, unless it has been verified or re-verified in accordance with the rules made under this Act, and stamped in the prescribed manner by an Inspector with a stamp or verification.

11. Prohibition of use of unstamped commercial weights or measures.

- No weight or measure or weighing or measuring instrument shall be used in any transactions in trade or commerce, unless it has been verified or re-verified in accordance with the rules made under this Act, and stamped in the prescribed manner by an Inspector, with a stamp of verification.

12. Power of State Government to exempt.

- Where the size of a commercial weight or measure renders it impracticable to have any denomination marked on it under the provisions of section 9, or to be stamped under the provisions of section 10 or section 11, the State Government may, by notification in the Official Gazette, exempt such weight or measure from being so marked or stamped.

13. Prohibition of manufacture, etc. of weights and measures without licence.

- No person shall, in the course of trade, manufacture, repair or sell any commercial weight or measure or any weighing or measuring instrument, unless he has obtained in the prescribed manner a licence in this behalf, which may be granted by the State Government or any officer authorized by it in this behalf, subject to such conditions as may be prescribed.

14. Marking of weights or measure in sealed containers.

- No person shall sell, offer for sale, expose for sale, or have in his possession for sale, any article contained in a sealed package or container unless such package or container bears thereon, or on a label securely attached thereto, a description of the net weight or measure of the article contained therein:[Provided that, the provisions of this section shall not apply to-

(a)any sealed package or container,-

(i)of net weight of less than one hundred and twenty grammes, if the sealed package or container contains biscuits, confectionery or sweets; and

(ii)of net weight of less than sixty grammes, if the sealed package or container contains any other foodstuff;

(b)any other article sold, offered for sale, exposed for sale or in possession for sale which is not ordinarily sold in transactions for trade or commerce by weight or measure:

Provided further that, the State Government may, if it is satisfied that the size of any class of such packages or containers renders it impracticable to comply with the provisions of this section, by notification in the Official Gazette, exempt such class of packages or containers from the operation of this section.] [This proviso was substituted by Maharashtra 14 of 1965,Section 5.]

14A. [ Prohibition of quoting price, or expressing quantity, of any article, otherwise than in terms of standard weight or measure. [This section was inserted by Maharashtra 14 of 1965,Section 6.]

- No. person shall, in any transaction for trade or commerce, quote the price or express the quantity, of any article otherwise than in terms of the standard weight or measure.]

15. Appointment of Controller, Deputy Controllers, Assistant Controllers and Inspectors.

(1)The State Government may appoint a Controller of Weights and Measures for the State, and as many Deputy Controllers, Assistant Controllers and Inspectors of Weights and Measures as may be necessary, for exercising the powers and discharging the duties conferred or imposed on them by or under this Act. Their qualifications shall be such as may be prescribed.

(2)The State Government may, by general or special order, define the local limits within which each Inspector shall exercise the powers and discharge the duties conferred or imposed on Inspectors by or under this Act.

(3)Subject to the provisions of this Act, all Deputy and Assistant Controllers of Weights and Measures and Inspectors shall perform their functions under the general superintendence and control of the Controller, and the Controller, Deputy Controllers and the Assistant Controllers of Weights and Measures may, in addition to the powers and duties conferred or imposed on them by or under this Act, exercise any power or discharge any duty so conferred or imposed on Inspectors.

16. Verification and stamping by Inspectors.

(1)Every Inspector shall, for the purpose of verification of weights and measures and weighing and measuring instruments, attend at such place and time, within his jurisdiction, as may be appointed in this behalf by the Controller.

(2)The Inspector shall verify every weight or measure, or weighing or measuring instrument, which is brought to him for the purpose of verification, and if he finds such weight or measure or weighing or measuring instrument correct and in conformity with the Standards of Weights and Measures Act, 1956, and the rules made thereunder, he shall stamp the same with a stamp of verification in the prescribed manner.

(3)[ Notwithstanding anything contained in sub-section (3) of section 15, the Inspector exercising the powers and performing the functions under sub-section (2) of this section within the limits of a Zilla Parishad or part thereof shall exercise such duties and perform such functions under the general superintendence and control of such officer of the Zilla Parishad as the State Government may appoint in this behalf.] [Sub-section (3) was inserted by Maharashtra 5 of 1962,Section 286, Tenth Schedule]

17. Power to inspect, etc.

(1)An Inspector may, within the area under his jurisdiction, inspect at all reasonable times, the weights, measures and weighing and measuring instruments which are used in transactions for trade or commerce, or are in the possession of any person or are on any premises for such use, and may verify every such weight or measure or weighing or measuring instrument with a secondary or working standard or weighing or measuring instrument prescribed for the purpose.

(2)For the purpose of verifying the correctness of any weight or measure used in any transaction, an Inspector may also verify the weight or measure of any article sold or delivered in the course of the transaction.

(3)An Inspector may, at all reasonable times, require any trader or any employer or agent of a trader, to produce before him for inspection all weights, measures and weighing and measuring instruments which are used by him or are in his possession or are kept on any premises used for trade, and all documents and records relating thereto and such trader, employee or agent shall comply with such requisition.

(4)An Inspector may seize and detain any weight or measure or weighing or measuring instrument regarding which an offence under this Act appears to have been committed, or which appears to have been, or which might be, used in the commission of such an offence, and may also seize and detain any articles sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument, together with any documents or records relating thereto.

(5)Where an Inspector has reason to believe that a sealed package or container does not actually contain the net weight or measure of the article which it purports to contain, the Inspector may break open the sealed package or container and verify its contents and if, on such verification, the net weight or measure of the article is found to be correct, the Inspector shall re-seal the package or container where it is possible so to do without injury to the contents thereof, and attach a certificate thereto stating the correct weight or measure of the article; but if, on the other hand, the net weight or measure of the article is found to be incorrect, the Inspector may seize and detain the package and container and the article contained therein.

(6)For the purpose of such inspection, an Inspector may, at all reasonable times, enter into any place where weights, measures or weighing or measuring instruments are used or kept for use in transactions for trade or commerce, and inspect such weights and measures and weighing and measuring instruments.

18. Power of Inspector to adjust weights or measures.

- Where it appears to the State Government desirable that an Inspector should be allowed in any area to adjust the weights or measures or weighing or measuring instruments, it may, if it thinks fit, authorise such Inspector to adjust weights and measures or such instruments accordingly.

19. Manufacturers, etc. to maintain records and documents.

(1)Every manufacturer, repairer or dealer in weights and measures or weighing or measuring instruments, and every person using them in transactions for trade or commerce, shall maintain such records and accounts as may be prescribed if required so to do by in Inspector, and shall produce such records and accounts before him in such manner as may be prescribed.

(2)Notwithstanding anything contained in sub-section (1), if the State Government is of opinion that having regard to the nature of business carried on by any such manufacturer, repairer or dealer, it is necessary so to do, it may, by order, exempt such person or class of persons from the operation of that sub-section.

20. Appeals.

(1)Subject to the provisions of sub-section (2) an appeal shall lie-

(a)from every decision of an Inspector or Assistant Controller or Deputy Controller under this Act to the Controller; and

(b)from every decision of the Controller under this Act not being a decision made in appeal under clause (a), to the State Government or any officer specially authorised in this behalf by the State Government.

(2)Every such appeal shall be preferred within sixty days from the date of the decision.

(3)On receipt of such an appeal, the appellate authority shall, after giving the appellant a reasonable opportunity of being heard, and after making such enquiry as it deems proper, decide the appeal, and the decision of the appellate authority shall be final.

21. Levy of fees.

- The State Government may charge fees-

(a)for the grant of licences under section 13, for the manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments, and

(b)for the verification, marking, stamping and adjustment of commercial weights and measures and weighing and measuring instruments, as may be prescribed.

22. Validity of weights and measures duly stamped.

- A weight or measure or weighing or measuring instrument; duly stamped by an inspector under this Act shall be a legal weight or measure or weighing or measuring instrument in all places in which the relevant provisions of this Act have come into force, unless it is found to be false or defective, and shall not be liable to be re-stamped by reason merely of the fact that it is used in any place other than that in which it was originally stamped.

Chapter IV
Penalties

23. Penalty for sale or [delivery by weight or measure or for keeping unit of mass or measures] [These words were substituted for the words 'delivery by weight or measure' by Maharashtra 14 of 1965,Section 7(b).] other than standard weight or measure.

- Whoever, after the expiry of three months from the commencement of this section, sells or causes to be sold, or delivers or causes to be delivered, in the course of any transaction for trade or commerce, any article by any denomination of weight or measure [other than one of the standard weights or measures, or whoever keeps any unit of mass or measures other than the standard weights or measures in any premises where such transactions are usually conducted,] [This portion was substituted for the words 'other than one of the standard weights or measures' by Maharashtra 14 of 1965,Section 7(a).] shall be punished, for a first offence, with fine which may extend to two thousand rupees, and for a second or subsequent offence, with imprisonment for a period which may extend to three months, or with fine, or with both.

24. Penalty for sale of unstamped commercial weights and measures.

- Whoever sells or delivers any commercial weight or measure, or any weighing or measuring instrument, which has not been verified, or re-verified, or stamped in accordance with the provisions of this Act and the rules made thereunder, shall be punished with fine which may extend to two thousand rupees.

25. Penalty for use or possession of unstamped commercial weights and measures.

- Whoever uses in any transaction for trade or commerce, or has in his possession for Such use, any commercial weight or measure or any weighing or measuring instrument, which is not authorised or which has not been verified, or re-verified, or stamped, in accordance with the provisions of this Act and the rules made thereunder, shall be punished for a first offence, with fine which may extend to two thousand rupees; and for a second or subsequent offence, with imprisonment for a period which may extend to three months, or with fine, or with both.Explanation 1. - When any such weight or measure, or weighing or measuring instrument, is found in the possession of any trader, or any employee or agent of such trader, such trader, employee or agent shall be presumed, until the contrary is proved, to have had it in his possession for use in transactions for trade or commerce.Explanation 2. - Where any weight or measure or weighing or measuring instrument is used or possessed, in contravention of this section, by any employee or agent or a trader, on behalf of such a trader, such trader, shall, unless he proves that the offence under this section was committed by his employee or agent without his knowledge or consent, be also deemed to be guilty of the offence.

26. Penalty for use of weight or measure in contravention of section 8.

- Whoever contravenes any of the provisions of a notification issued under section 8, shall be punished with fine which may extend to two thousand rupees.

27. Penalty for manufacture, repair or sale of weights, etc. without licence.

- If any person manufactures, repairs or sells any commercial weight or measure or weighing or measuring instrument, without obtaining a licence as required by section 13, he shall be punished with imprisonment for a period which may extend to three months, or with fine, or with both.

28. Penalty for failure to mark weight or measure on sealed containers.

- Whoever contravenes the provisions of section 14, shall be punished with fine which may extend to two thousand rupees.

28A. [ Penalty for quoting prices or expressing quantities otherwise than in terms of standard weight or measure in contravention of section 14A. [Section 28A was inserted by Maharashtra 14 of 1965,Section 8.]

- Whoever contravenes the provisions of section 14A shall be punished with fine which may extend to two thousand rupees.]

29. Penalty for fraudulent use of weights, measures, etc.

- Whoever fraudulently uses any weight or measure or weighing or measuring instrument, which he knows to be false, shall be punished with imprisonment for a period which may extend to one year, or with fine, or with both.

30. Penalty for being in possession of false weight or measure, etc.

- Whoever is in possession of any weight or measure or weighing or measuring instrument, which he knows to be false, intending that the same may be fraudulently used, shall be punished with imprisonment for a period which may extend to one year, or with fine, or with both.

31. Penalty for making or selling false weights or measures, etc.

- Whoever makes, sells or disposes of, or causes to be made, sold or disposed of, any weight or measure or weighing or measuring instrument, which he knows to be false, in order that the same may be used as true, or knowing that the same is likely to be used as true, shall be punished with imprisonment for a period which may extend to one year, or with fine, or with both.

32. [ Penalty for delivering or receiving any quantity of article less than, or in excess of the quantity, fixed by the weight or measure in contract. [Section 32 was substituted by Maharashtra 14 of 1965, Section 9. ]

- Whoever-

(i)in selling any article by weight or measure delivers or causes to be delivered to the purchaser any quantity of that article less than, or

(ii)in buying any article by weight or measure demands or,receives or causes to be demanded or received from the vendor any quantity of that article in excess of, the quantity fixed by the weight or measure by which the contract or dealing in respect of that article has been made, shall be punished with fine which may extend to five hundred rupees.]

33. Penalty for forging, etc. of weights, measures, etc.

(1)Whoever forges or counterfeits any stamp used under this Act for the stamping of any standard weight or measure or weighing or measuring instrument, or possesses any such counterfeit stamp, or removes a stamp from any standard weight or measure or weighing or measuring instrument and inserts the same into another weight or measure or weighing or measuring instrument, or wilfully increases or diminishes a weight or measure so stamped, shall be punished with imprisonment for a period which may extend to one year, or with fine, or with both.

(2)Whoever knowingly uses, sells, disposes of, or exposes for sale, any weight or measure or weighing or measuring instrument with such forged or counterfeit stamp thereon, or a weight or a measure so increased or diminished, shall, be punished with imprisonment for a period which may extend to six months, or with fine, or with both.

34. Penalty for neglect or refusal to produce weight or measure, etc., for inspection.

- Whoever-

(a)refuses or neglects to produce for inspection under section 17, any weight or measure or weighing or measuring instrument, or any document or record relating thereto in his possession or on his premises; or

(b)refuses to permit an Inspector to inspect and verify any such weight, measure, instrument, document or record; or

(c)obstructs the entry of an Inspector under section 17; or

(d)otherwise obstructs or hinders an Inspector in the performance of his duties under this Act,

shall be punished with fine which may extend to five hundred rupees.

35. Penalty for breach of duty by Inspector.

- If an Inspector knowingly stamps a weight or measure or weighing or measuring instrument, in contravention of the provisions of this Act or of the rules made thereunder, or is guilty of a breach of any duty imposed on him by this Act or the rules made thereunder, he shall be punished with imprisonment for a period which may extend to one year, or with fine.or with both.

36. Forfeiture.

- Any weight or measure, or weighing or measuring instrument which is not authorised by this Act, shall be forfeited to the State Government.

Chapter V
Miscellaneous

37. Controller, etc. to be public servants.

- The Controller, Deputy Controllers. Assistant Controllers and Inspectors appointed under this Act shall be deemed to be public servants within the meaning of section 21 of the Indian Penal Code.

38. Protection of action taken in good faith.

- No suit, prosecution or other legal proceeding shall lie against the Controller, or any Deputy or Assistant Controller of Weights and Measures or any Inspector or any other person, in respect of anything which is in good faith done or intended to be done, in pursuance of this Act or the rules made thereunder.

38A. [ Composition of offences. [Section 38A was inserted by Maharashtra 14 of 1965, Section 10.]

(1)Any offence punishable under section 23, 24, 25, 27, 28, 32 or 34 other than a second or subsequent offence under section 23 or section 25 may, either before or after the institution of the prosecution, be compounded by the State Government or by any authority authorised in this behalf by the State Government on payment of such sum as the State Government or such authority, as the case may be, thinks fit.

(2)On payment by the offender of such sum, the offender, if in custody, shall be set at liberty, and proceedings in any criminal court have been instituted against the offender in respect of the offence, the composition shall be deemed to amount to an acquittal, and no further criminal proceedings shall be taken against him in respect of such offence.]

39. Cognizance of offences etc.

(1)No court shall take cognizance of an offence punishable under this Act except upon complaint in writing made by the Controller or nay officer authorised in this behalf by the Controller by general or special order.

(2)No court, inferior to that of a President Magistrate or a Magistrate of the first class, shall try any offence punishable under this Act.

40. Stamped weight, etc. to be presumed to be correct.

- A weight or measure or weighing or measuring instrument duly stamped under the provisions of this Act and the rules made thereunder, shall be presumed to be correct until its inaccuracy is proved, if this is produced in any court by any Inspector having charge thereof or by any person acting under the general or special authority of the Controller.

41. Offences by companies.

(1)If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in charge of, and was responsible to the company for the conduct of the business of the company as well as the company, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:Provided that nothing contained in this sub-section shall render any such person liable to punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.

(2)Notwithstanding anything contained in sub-section (1), where an offence under this Act, has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.Explanation. - For the purposes of this section-

(a)"company" means any body corporate and includes a firm or other association of individuals; and

(b)"director", in relation to a firm, means a partner in the firm.

42. Delegation of powers.

- The State Government may, by notification in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunder shall, in relation to such matters and Subject to such conditions, as may be specified in the direction, be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification.

43. Limits of error to be tolerated in weights and measures.

- Subject to any rules that may be made under the Standards of Weights and Measures Act, 1956, in this behalf, the State Government may prescribe the limit of error which may be tolerated.

(a)in working standards referred to in section 3;

(b)in secondary standards referred to in section 4;

(c)in commercial weights and measures or in selling articles by weight or measure generally, or as regards any trade or class or trades; and

(d)in weighing and measuring instruments.

44. Bombay Act XV of 1932 or corresponding laws to cease to apply.

- Subject to the provisions of section 45, on all or any of the provisions of this Act being brought into force in any area, or in respect of any class of undertakings.or any class of goods by a notification under sub-section (3) of section 1,-

(a)the Bombay Weights and Measures Act, 1932,

(b)the Bombay Weights and Measures Act, 1932, as in force in the Saurashtra area, or the Kutch area, of the State,

(c)the Hyderabad Weights and Measures Act, 1356F,

(d)the Central Provinces and Berar Weights and Measures of Capacity Act, 1928,

or, as the case may be; the provision of any such law which corresponds to the provision of this Act which is brought into force, shall, in relation to such area, class of undertakings or class of goods, cease to apply; and upon such cesser sections 7 and 25 of the Bombay General Clauses Act, 1904, shall apply thereto as they apply to the repeal of an enactment, or to the repeal and re-enactment of an enactment, by a Bombay Act.

45. Special provision during period for which other weights and measures permitted to be used under section 14 of Act LXXXIX of 1956.

- Notwithstanding that all the provisions of this Act or any of them, have come into force in any area, or in respect of any class of goods or undertaking, where the Central Government has by notification issued under section 14 of the Standards of Weights and Measures Act, 1956, permitted for a certain time the continuance of the use, the same area or in respect of the same class of goods or undertaking, of such weights and measures (in addition to the standards of mass and measures) as are specified in the notification (hereinafter in this section, referred to as "the additional weights and measures"), then-

(a)the provisions of this Act which relate to standard weights and measures shall not apply, in that area or in relation to take class of goods or undertaking, to the additional weights and measures permitted to be so used, and

(b)the laws specified in section 44, (including any rules and orders made thereunder) shall continue to have effect in those areas or in relation to those class of goods or undertaking, for the purpose of the continued use,of the additional weights and measures, and for any purpose incidental thereto or connected with the proper enforcement thereof, until the expiry of the period for which the Central Government has permitted the use of the additional weights and measures; and on the expiry of the period aforesaid, the laws specified in section 44, or the relevant provisions thereof, shall cease to apply in the manner and to the extent, as in that section provided.

46. Power to make rules.

(1)The State Government may, by notification in the Official Gazette, make rules to carry out the purposes of this Act,

(2)In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:-

(i)the material of which and the designs and specifications according to which, the working standards shall be made, the agency by which they shall be prepared, the person by whom, or the authority by which, and the manner in which, they shall be stamped and authenticated under sub-section (2) of section 3;

(ii)the places at which, and the custody and manner in which, the working standards shall be kept under sub-section (3) of section 3;

(iii)the persons by whom, the places and intervals at which and the manner in which, the working standards shall be marked under sub-section (4) of section 3;

(iv)the manner in which working standards which have become defective shall be verified under sub-section (6) of section 3;

(v)the material of which, and the designs and specifications according to which the secondary standards shall be made sub-section (2) of section 4;

(vi)the places at which, and the custody and manner in which, the secondary standards shall be kept under sub-section (3) of section 4;

(vii)the manner in which secondary standards shall be marked with the date of verification under sub-section (4) of section 4;

(viii)the number and kind of weighing and measuring instruments, and the manner in which they shall be verified and stamped under sub-section (2) of section 6;

(ix)the materials of which, and the designs and specifications according to which, commercial weights and measures and weighing and measuring instruments shall be made, and the sale of such weights, measures and instruments;

(x)the manner in which the denomination of commercial weights and measures shall be marked under section 9;

(xi)the manner in which commercial weights or measures or weighing or measuring instruments shall be verified, re-verified and stamped under section 10;

(xii)the form and manner in which, and the conditions subject to which, licences may be granted to persons for manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments, under section 13;

(xiii)the qualifications of the Controller, Deputy Controller, Assistant Controllers and Inspectors under sub-section (1) of section 15; [and of the officer of the Zilla Parishad to be appointed under sub-section (3) of section 16;] [This portion was added by Maharashtra 5 of 1962, Section 286, Tenth Schedule]

(xiv)the manner in which weights or measures or weighing or measuring instruments shall be stamped by Inspectors under sub-section (2) of section 16;

(xv)the records and accounts to be maintained under sub-section (1) of section 19, by manufacturers, repairers and dealers of weights, measures, weighting instruments and measuring instruments, and by persons using them, and the manner in which such records and accounts shall be produced for inspection;

(xvi)the form and manner in which appeals may be preferred under section 20;

(xvii)the fees to be charged for the grant of licences and for verification, marking, stamping and adjustment of commercial weights and measures and weighing and measuring instruments under section 21;

(xviii)the limits of error in sales of articles by weight or measure under section 32;

(xix)the seizure, detention and disposal of weights and measures and weighing and measuring instruments which are not authorised by this Act;

(xx)the limit of error to be tolerated in secondary and working standards, in commercial weights and measures, in weighing and measuring instruments and in sales of articles, generally, or as regards any trade or class of trades, under section 43;

(xxi)any other matter which is to be, or may be, prescribed.

(3)In making any rule under this section, the State Government may provide that a breach thereof shall be punished with fine which may extend to five hundred rupees.

(4)The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette.

(5)All rules made under this section shall be laid, before each House of the Legislature as soon as may be after they are made, and shall be subject to such modifications as the State Legislature may make during the session in which they are so laid, or the session immediately following.

46A. [ Act not to apply to weights and measures etc., used in unit or establishment of Armed Forces of the Union. [Section 46A was inserted by Maharashtra 14 of 1995, Section 11.]

- Nothing in this Act shall apply to weights or measures or weighing or measuring instruments used by or in any unit or establishment of the Armed Forces of the Union.]

47. Repeal of Bombay Ordinance II of 1958 and savings.

(1)The Bombay Weights and Measures (Enforcement) Ordinance, 1958 is hereby repealed.

(2)Anything done or action taken (including any appointments, rules and orders made, notifications or licences issued and appeals preferred) under the Ordinance so repealed shall be deemed to have been done or taken under this Act, as if this Act, were in force on the day on which such thing was done or action was taken.NotificationsG. N., I. C. D., No. WMA. 2858-IND-I, dated 30th September, 1958 (B. G., Part IV-B, page 1038). - In exercise of the powers conferred sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958) the Government of Bombay hereby appoints the 1st day of October 1958, to be the date on which the said Act shall come into force in respect of the classes of undertakings and classes of goods specified in the Tables below to the extend specified therein:-Table A

1. The Indian Airlines and Air India International Corporations in so far as they undertake air transport services, except in matters relating to air distances and speed of aircraft.

2. Government Departments and commercial and industrial undertakings owned or controlled by Government in so far as they undertake the purchase or supply of stores, including drugs.

3. Government Departments in so far as they undertake survey of land or mines.

4. Government Departments in so far as they undertake the study or publication of any technical, scientific or marketing data relating to weather, irrigation and power projects or undertake drawings and specifications of scientific apparatus for use in laboratories and educational institutions except in matters relating to air distances and speed of air craft.

Table B

1. Cotton textile mills in so far as they undertake the purchase of cotton or sale of cloth.

2. Iron and steel factories in do far as they undertake the purchase of raw materials or sale of iron and steel products.

3. Factories engaged in engineering industry in so far as they undertake the sale of their products.

4. Factories engaged in the manufacture of heavy chemicals in so far as they undertake the purchase of raw materials or sale of their products.

5. Factories engaged in the manufacture of cement in so far as they undertake the sale of cement.

6. Factories engaged in the manufacture of salt in so far as they undertake the sale of salt.

7. Factories engaged in the manufacture of paper, pulp, or paper board in so far so they undertake the sale of paper, pulp, or board.

8. Factories engaged in the manufacture of refractories, in so far as they undertake the sale of refractories.

9. Coffee Board, in so far as it undertake the sale of coffee from the surplus pool, either by itself or through its agents.

10. Factories engaged in the manufacture of copper, aluminum, lead, antimony and tin in so far as they undertake the sale of copper, aluminum, lead, antimony and tin including alloys and products of these metals.

11. Associations recognised by the Central Government under section 9 of the Forward Contracts (Regulation) Act, 1952 (74 of 1952), in so far as they undertake the regulation and control of forward contracts in cotton and raw and manufactured jute.

12. Sale of raw rubber.

13. Jute mills in so far as they undertake the purchase of raw jute and sale of jute products.

G. N., I. & F. D. No. WMA. 2858-XN-I, dated 30th September, 1958 (B. G., Part IV-B. page 1039) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1948 (Bombay LXIX of 1958), the Government of Bombay hereby appoints the 1st day of October 1958, to be the date on which the provisions of the said Act in so far as they relate to weights shall come into force in respect of transactions involving sale and purchase of goods in the areas specified in the appended Schedule.

Schedule

Municipal areas of Bombay, Poona, Ahmedabad, Rajkot, Baroda, Nagpur, Aurangabad, Sholapur, Kolhapur, Akola, Amravati, Wardha and Yeotmal.Market areas notified under the Bombay Agricultural Proudce Markets Act, 1939 (XXII of 1939) the Hyderbad Agricultural Markets Act, 1339 Fasli, (II of 1339 F), the Saurashtra Agricultural Produce Markets Act, 1955 (XIV of 1955), and the Central Provinces and Berar Agricultural Produce Markets Act, 1935 (XXIX of 1935), in Nasik, Dhule, Lasalgoan, Sangali, Karad, Latur, Jalna, Nanded, Ahmednagar, Shrirampur, Dhansura, Patan, Unjha, Kapadwanj, Pachora, Jalgoan, Malegoan, Dondaicha, Savarkundla and Una.G. N., I. & F.D. No. WMA. 2859/ 124337-IN-I, dated 29th May, 1959 (B. G., Part IV-B, page 735) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Bombay hereby appoints the 1st day of November 1959 to be the date on which the provisions of the said Act in so far as they relate to weights shat come into force in respect of sugar factories in so far as they undertake the purchase of sugarcane on sale of sugar.G. N., I. & C. D. No. WMA. 2859/141141(a)-IND-I, dated 13th August, 1959 (B. G., Part IV-B, page 1156) - In exercise of the powers conferred by sub-sections (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Bombay hereby appoints the 1st day October 1959 to be the date on which the provisions of the said Act in so far as they relate to with of was shall come into force in respect of transactions involving sale and purchase of goods in the areas in the State of Bombay specified below:-Areas in the State of Bombay in which metric weights will be introduced on 1st October 1959:- Municipal areas of Surat, Thana, Panvel, Ratnagiri, Satara, Himatnagar, Palanpur, Godhra, Bhavnagar, Anand, Jamnagar, Suredranagar, Broach, Jungadh, Bhuj, Amreli, Chanda, Buldhana, Bhandara, Parbham, Bhir, Osmanabad, Dhulia, Nashik, Ahmednagar, Sangli, Nanded, Jalgoan and Mehsana.G. N., I. & C. D. No. WMA. 2859/141141(a)-IND-I, dated 13th August, 1959 (B. G., Part IV-B, page 1156) - In exercise of the powers conferred by sub-sections (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Bombay hereby appoints the 1st day of April 1960 to be the date on which the provisions of the said Act in so far as they relate to units of mass in respect of factories engaged in the manufacture of vanaspati in so far as they undertake sale of vanaspati.G. N., I. & C. D. No. WMA. 2859/92047-IND-I, dated 25th January, 1960 (B. G., Part IV-B, page 136) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Bombay hereby-A. appoints 1st February 1960 to be the date on which the provisions of the said Act shall come into force in respect of-

(i)Jute Mills in so far as they undertake the purchase of raw jute and the sale of jute products.

(ii)Associations recognised by the Central Government under section 6 of the Forward Contract (Regulation) Act, 1952 (74 of 1952), in so far as they undertake the regulation and control of forward contracts in raw and manufactured jute.

(iii)The following classes of undertakings to the extent specified, namely:-

Cotton textile mills in so far as they undertake the sale of yearn and cotton textile products (other than cloth) or the stamping of cloth, yarn and other cotton textile products.

(iv)of the classes of the undertakings specified below to the extent specified therein-

(a)factories engaged in the processing of coir yarn or the manufacture of coir products in so far as they undertake the purchase of coir or coir yarn/or the sale of coir, coir yarn and other coir products.

(b)the Central Coir Co-operative Marketing Societies in so far as they undertake the purchase of coir or coir yarn or the sale of coir, coir yarn and other products.

B. appoints 1st April 1960 to be the date on which the provisions of the said Act shall come into force in respect of-

(i)the factories engaged in manufacture of paints in so far as they undertake the sale of paints.

(ii)units of factories engaged in manufacture of biscuits in so far as they undertake the sale of biscuit.

(iii)factories engaged in manufacture of soap to the extent they undertake the purchase of raw materials for such manufacture and the sale of soap and

(iv)factories engaged in manufacture of drugs in so far as they undertake the sale of drugs of purchase of materials.

G. N., I. & C. D. No. WMA. 2860-IND I, dated 15th March, 1960 (B. G., Part IV-B, page 281) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Bombay hereby appoints the 1st day of April 1960 to be the date on which all the remaining sections of the said Act will come into force in so far as they relate to crude petroleum and petroleum products, produced, manufactured, distributed, brought or sold, whether by a producer, manufacturer or distributor of crude petroleum or petroleum products or by an agent, dealer or retailer engaged in buying and selling crude petroleum or petroleum products.G. N., I. & C. D. No. WMA. 2860-IND I, dated 22nd April, 1960 (B. G., Part IV-B, page 574) - In exercise of the powers conferred by sub-section (3) of section l of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Bombay hereby appoints the 1st day of April 1960 to be the date on which all the remaining sections of the said Act will come into force in so far as they relate to units of mass, in respect of transactions involving sale and purchase of goods in the whole of Bombay State except in those areas in which or in those classes of undertakings or those classes of goods in respect of which the said provisions have already come into force.G. N., I. & L. D. No. WMA. 1060/139367-IND III, dated 21st September, 1960 (M G., Part IV-B, page 215) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 1st day of August 1960, as the date on which the provisions of the said Act shall come into force, in respect of the classes of undertakings specified below to the extent specified therein:-

(1)Ports in respect of transactions involving the levy (i) of shipping charges for services rendered and (ii) of port dues on ships and on goods landed or shipped through the Docks, Jetties, Bunders and Inland wharves;

(2)Shipping Industry in respect of transactions involving the levy of freight on cargo.G. N., I. & L. D. No. WMA. 1060/143771-IND-III, dated 1st November, 1960 (M G., Part IV-B, page 298) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act. 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 1st day of October 1960, as the date on which the provisions of the said Act shall come into force in respect of Woollen Mills in so far as they undertake the purchase of raw wool and sale of woollen products.G. N., I. & L. D. No. WMA. 1061-IND-III, dated 24th April, 1961 (M G., Part IV B, page 357) - In exercise of the powers conferred by sub-sections (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 1st day of April 1961, as the date on which the provisions of the said Act so far as they relate to units of capacity shall come into force in the areas specified in the appended Schedule.

Schedule 2

Municipal areas of Bombay, Poona, Sholpur, Kolhapur, Aurangabad, Nagpur, Akola, Wardha, Amravati, and Yeotmal.Market yards and/or sub-yards notified under the Agricultural Produce Markets Act, 1939 (XXII of 1939), the Hyderabad Agricultural Markets Act, 1339 Fasli, (II of 1339-F) and the Central Provinces and Berar Agricultural Produce Markets Act, 1935 (XXIX of 1935), in Nasik, Malegoan, Lasalgaon, Sangli, Karad, Shrirampur, Ahmednagar, Dhulia, Dondicha, Jalgoan, Pachora, Latur, Nanded and Jalna.G. N., I. & L. D., No. WMA. 1061/68911-IND-III, dated the 11th October, 1961 (M. G., Part IV-B, page 989) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 1st day of November 1961 as the date on which the provision of the said Act, in so far as they relate to units of mass, shall come into force in the whole of Maharashtra State except in those classes of undertakings or those classes of goods in respect of which the said provisions have already come into force.G. N., I. & L. D., No. WMA. 1061/80739-1ND-III, dated the 28th November, 1961 (M. G., Part IV-B, page 1127) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 2nd day of January 1962, the date on which the provisions of the said Act, in so far as they related to units of length, shall come into force in the whole of Maharashtra State, except in those areas in which or in those classes of undertakings or those classes of goods in respect of which, the said provisions have already come into force.G. N., I. & L. D., No. WMA. 2861/59738-IND-III, dated the 6th January, 1962 (M. G., Part IV-B, page 79) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1938 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 1st day of February 1962 to be the date on which all the remaining sections or that Act, shall come into force in respect of-

(a)undertakings engaged in the manufacture of alcohol in so far as they undertake the sale of alcohol, and

(b)departments of Government in so far as they undertake the levy of duties of excise on alcohol.

G. N., I. & L. D., No. WMA. 1062/24551-IND-III, dated the 4th March, 1962 (M. G., Part IV-B, page 603) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 15th day of April 1962 as the date on which the provisions of the said Act, in so far as they relate to units of capacity, shall come into force in the whole of Maharashtra except in those areas in which, or in those classes of undertakings or those classes of goods in respect of which, the said provisions have already come into force.G. N., I. & L. D., No. WMA. 1062/18618-IND-III, dated the 22nd March, 1962 (M. G., Part IV-3, page 525). - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 16th day of April 1962 as the date on which the provisions of the said Act, in so far as they relate to units of capacity, shall come into force in the areas specified in the appended schedule.

Schedule 3

Municipal areas of Thana, Panvel, Ratnagiri, Nasik, Jalgoan, Dhulia, Satara, Sangli, Ahmednagar, Osmanabad, Bhir, Parbhani, Nanded, Buldhana, Chanda and Bhandara.G.N., I. & L. D., No. WMA. 1062/53833-IND-III, dated the 10th November, 1962 (M. G., Part IV-B, page 3058) - In exercise of the powers conferred by sub-section (3) of section 1 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 15th day of November 1962 as the date on which the provisions of the said Act, in so far as they relate to units of shall come into force in the State of Maharashtra, except in relation to those classes of Tran______of those above of undertakings area or those Government Departments in respect of which, the said provisions have already come into force.G. N., I. & L. D., No. WMA. 1066/52814-IND-III, dated the 5th October, 1967 (M. G., Part IV-B, page 2255). - In exercise of the powers conferred by sub-section (3) of section I of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby appoints the 15th day of October, 1967, the date on which the said Act shall, in relation to all classes of undertakings and all classes of goods (except those classes of undertakings and those classes of goods in respect of which all or any of the provisions of that Act, have already been brought into force) come into force in the whole State of Maharashtra.G. N., I. & L. D., No. WMA. 1564/4746-IND-III, dated the 5th September, 1966 (M. G., Part IV-B, page 1666) - In exercise of the powers conferred by section 8 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby directs that with effect from the 15th September 1966, in every flour mill in the whole of the State, no transaction for grinding any grains shall be made except by weight, subject to the condition that all grains shall be weighed before grinding, and all flour thereof shall be weighed before delivery.G. N., I. & L. D., No. WMA. 1074/18396 IND-III, dated the 20th March, 1975 (M. G., Part I-L, page 1989). - In exercise of the powers conferred by section 8 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby directs that on and from the expiry of 30 days from the date of publication of this notification in the Official Gazette, in every transaction, dealing or contract of all beverages and soft drinks packed and sold in any bottle, container or other sealed package, such bottle, container, or other sealed package shall bear thereon in an unambiguous, conspicuous and clear manner an indication, in millilitre of the net volume of the beverages or soft drink contained in bottle, container or other sealed package.G. N., I. E & L. D., No. WMA. 1076/6491(95)IND-10, dated the 2nd June, 1977 (M. G., Part I-L, page 3695) - In exercise of the powers conferred by section 8 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby directs that in the trade in any of the commodities specified in the Schedule hereto, no transaction, dealing or contract shall be made or had, except by weight only unless the quantity or any such commodity involved in any such transaction, dealing or contract is not more than one hundred grams or the price thereof is not more than sixty paise.

2. This notification shall take effect in the whole of the State of Maharashtra with effect from the date of its publication in the Maharashtra Government Gazette.

Schedule 4

1. Parched grams (Channa or Phutana)

2. Kurmura (Murmura)

3. Poha.

4. Lahya.

5. Parched beans (Watana)

6. Parched ground-nuts.

Amended by Corrig., I & L.D., No. WMA. 2860/131962-IND-III, dated 30th July, 1960 (M. G, Part IV-B, page 131)G. N., I. 8. L. D., No. WMA. 2680/129618-IND-III, dated 19th July, 1960 (M. G., Part XV-B, page 110) - In exercise of the powers conferred by sub-section (3) of section 1 f the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958) the Government of Maharashtra pleased to declare that notwithstanding anything contained in any other provision of the said Act, the Standard Commercial Litre Measures of Capacity, viz., 201,101,51, 21 and 11,500 ml., 200 ml., 100 ml.,50 ml., and 20 ml., shall be used for purposes of sale and purchase of liquid paints throughout the State of Maharashtra, with effect from 1st April 1961.G. O., I. & L. D., No. WMA. 1072/37234-IND-III, dated 28th November, 1972 (M. G., Part IV-B, page 1963) - In exercise of the powers conferred by sub-section (1) of section 8 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby directs that with effect from the 1st January, 1973, the sale of edible oils in quantities of 1 kg. or more, shall be made by weight only and sales of quantities less than 1 kg. shall be made by measure only.G. N., I. F. & L. D., No. WMA. 1076/1339-IND-10, dated 23rd March, 1977 (M. G., Part IV-B, page 240) - In exercise of the powers conferred by sub-section (1) of section 8 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra hereby directs that notwithstanding anything contained in any other provisions of the said Act, in the trade in lime, no transaction, dealing or contract shall be made or had, except by weight only, in the State of Maharashtra, with effect from 1st day of April, 1977.G. N., I. F. & L. D., No. WMA. 1063/50407-IND-III, dated 10th December, 1963 (M. G., Part IV-B, page 1683) - Whereas the size of weights of the denominations of 20 milligrams and below render them impracticable to be stamped under the provisions of sections 10 and 11 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958);Now, therefore, in exercise of the powers conferred by section 12 of the said Act, the Government of Maharashtra hereby exempts such weights from being so stamped.G. N., F. & C.S.D., No. WMA. 1073/1332-(732)-XXIII, dated 23rd May, 1979 (M. G., Part IV-A, page 310) - In exercise of the powers conferred by section 13 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), and in supersession of all previous orders, issued in this behalf, the Government of Maharashtra hereby authorizes the Officers specified in column 1 of the Schedule hereto, in respect of areas respectively specified against them in column 3 of the said schedule, for the purposes of the said section in respect of matters specified in column 2 of that Schedule.

Schedule 5

Designation(1)	Extent of power(2)	Areas(3)
1.	Deputy Controller of Weights and Measures (Headquarters),Maharashtra State, Bombay.	For grant or renewal of licence to manufacture any commercialweight or measure or any weighing or measuring instrument.	The whole State.
2.	Deputy Controller of Weights and Measures (Headquarters),Maharashtra State, Bombay.	For grant or renewal of licence to repair or sell anycommercial weight or measure or any weighing or measuringinstrument.	Greater Bombay and the Districts of Thane and Kulaba.
3.	Deputy Controller of Weights and Measures, Bombay Division,Bombay.	For grant or renewal of licence to repair or sell anycommercial weights or measure or any weighing or measuringinstrument.	Ratnagiri, Nashik, Dhule and Jalgaon Districts.
4.	Deputy Controller of Weights and Measures, Pune Division,Pune.	Do.	Pune, Ahmednagar, Kolhapur, Solapur, Satara and SangliDistricts.
5.	Deputy Controller of Weights and Measures, Nagpur Division,Nagpur.	Do.	Nagpur, Amravati, Bhandara, Buldhana, Chandrapur, Akola,Wardha and Yavatmal Districts.
6.	Deputy Controller of Weights and Measures, AurangabadDivision, Aurangabad.	Do.	Aurangabad, Beed, Nanded, Osmanabad and Parbhani Districts.

Amended by G.N., I. & L. D., No. WMA. 2869/28880 IND-III, dated 1st July, 1969 (M. G., Part IV-B, page 964)Amended by G.N., I. & L. D., No. WMA. 2871/17002-IND-III, dated 11th May, 1971 (M. G., Part I-L, page 2802)Amended by G.N., I. & L. D., No. WMA. 2873/10511-IND-III, dated 21st January, 1975 (M. G., Part I-L, page 1448)G. N., I. F. & L.D., No. WMA. 2866/54384-IND-III, dated 21st October, 1966 (M. G., Part I-L, page 3459) - In exercise of the powers conferred by section 15 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958). and in supersession of the Government Notification, Industries and Co-operation Department, No. WMA-2858 IND-I, dated the 14th October, 1959, the Government of Maharashtra hereby appoints-

(l)[ The Joint Director of Industries, Bombay;] [Substituted by G. N. of 21-1-1975.]

(2)[ The Joint Director of Industries, Poona;] [Substituted by G. N. of 21-1-1975.]

(3)[ The Joint Director of Industries, Nagpur; and] [Added by G. N. of 1-7-1969.]

(4)[ The Joint Director of Industries, Aurangabad;] [Substituted by G. N. of 11-5-1971.]to be the Deputy Controllers of Weights and Measures,[* * * * *] [Deleted by G. N. of 1-7-1969.]for exercising the powers and discharging the duties conferred or imposed on them by or under the said Act.G. N., F. & C.S.D., No. WMA. 1077/1365(604)-XXIII, dated 19th January, 1978 (M. G., Part IV-A, page 232) - In exercise of the powers conferred by sub-section (1) of section 15 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), and in supersession of Government Notification, Industries and Co-operation Department, No. WMA-2858, dated the 17th November, 1958, the Government of Maharashtra hereby appoints the Secretary to the Government of Maharashtra, Food and Civil Supplies Department, to be the Controller of Weights and Measures for the State of Maharashtra, for exercising the powers and discharging the duties conferred or imposed on him by or under the said Act.G. N., F. & C.S.D., No. WMA. 1078/608III, dated 24th July, 1978 (M. G., Part IV-A, page 762) - In exercise of the powers conferred by sub-section (1) of section 15 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958). The Government of Maharashtra hereby appoints the District Supply Officers to be the Assistant Controllers of Weights and Measures within their respective jurisdiction for exercising the powers and discharging the duties conferred or imposed on them by or under the said Act.G. N., F. &. C. S. D., No. WMA. 1086/1706/CR-488/XIV, dated 3rd July, 1986 (M. G., Part IV-B, page 487) - In exercise of the powers conferred by sub-section (1) of section 15 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Maharashtra is pleased to direct that the Deputy/Joint Secretary and Director of Civil Supplies in the Supply Commissioner's Officer, Bombay shall be appointed as Controller of Weights and Measures for the entire State of Maharashtra. The earlier orders declaring the Supply Commissioner as the Controller of Weights and Measures for the entire State of Maharashtra are hereby revoked.G. N., F. & C. S. D., No. WMA. 1079/180/(789)/XXIII, dated 31st December, 1979 (M. G., 1980, part IV-B, page 75) - In exercise of the powers conferred by sub-sections (1) and (2) of section 15 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), (Bombay LXIX of 1958), and in supersession of Government Notification, Food and Civil Supplies Department No. WMA. 1078/498 (A) III, dated the 10th April 1978, the Government of Maharashtra hereby appoints the Officer specified in column 1 of the Schedule hereto to be the Deputy Controller of Weights and Measures specified in column 2 of the said Schedule for the purpose of sub-section (1) in respect of the area respectively specified against them in column 3 of the said Schedule.

Schedule 6

Officers(1)	Officers(2)	Areas(3)
Deputy Director, of Industries (Weights and Measures), Bombay	Deputy Controller of Weights and Measures, Maharashtra State(Headquarters), Bombay	Greater Bombay, Thane district and Kulaba district
Assistant Commissioner (Supply), Bombay Division, Bombay.	Deputy Controller of Weights and Measures, Bombay Division.	Ratnagiri district, Nashik district, Dhule district andJalgaon district
Assistant Commissioner (Supply), Pune Division, Pune.	Deputy Controller of Weights and Measures, Pune Division.	Pune district, Ahmadnagar district, Kolhapur district,Solapur district, Satara, district and Sangli district
Assistant Commissioner (Supply), Nagpur Division, Nagpur	Deputy Controller of Weights and Measure,s Nagpur Division.	Nagpur district, Amravati district, Bhandara districtBuldhana district, Akola district Wardha district and Yavatmaldistrict.
Assistant Commissioner (Supply), Aurangabad Division,Aurangabad.	Deputy Controller of Weights and Measures AurangabadDivision.	Aurangabad district, Beed district, Nanded district,Osmanabad district, and Parbhani district.

G. N., F. & C. S. D., No. WMA. 1079/180/(789)/XXIII, dated 31st December, 1979 (M. G., 1980, part IV-B, page 74) - In exercise of the powers conferred by sub-sections (1) and (2) of section 38A of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), and in supersession of Government Notification, Food and Civil Supplies Department No. WMA. 1078/498 (A) III, dated the 10th April, 1978, the Government of Maharashtra hereby authorizes the authorities specified in column 1 of the Schedule hereto for the purposes of the said sub-section (1) in respect of the areas respectively specified against them in column 2 of the said Schedule.

Schedule 7

Authorities(1)	Areas(2)
Deputy Controller of Weights and Measures, Maharashtra,State, Bombay (Head quarters).	Grater Bombay, Thane district and Kulaba district.
Deputy Controller of Weights and Measures, Bombay Division	Ratnagiri district, Nashik district, Dhule district andJalgaon district.
Deputy Controller of Weights and Measures, Pune Division	Pune district, Ahmadnagar district, Kolhapur district,Solapur district, Satara district and Sangli district.
Deputy Controller of Weights and Measures, Nagpur Division	Nagpur district, Amravati district, Bhandara district,Buldana district, Chandrapur district, Akola district, Wardhadistrict and Yavatmal district.
Deputy Controller of Weights and Measures, AurangabadDivision	Aurangabad district, Beed district, Nanded district,Osmanabad district and Parbhani district.

G. N., F. & C. S. D., No. WMA. 2858 IND-I, dated 17th November, 1958 (M. G., Part IV-B, page 1432) - In exercise of the powers conferred by section 42 of the Bombay Weights and Measures (Enforcement) Act, 1958 (Bombay LXIX of 1958), the Government of Bombay hereby directs that the powers exercisable by it under the provisions of sub-section (1) of section 15 in so far as it relates to the appointment of Inspectors of Weights and Measures and of sub-section (2) of section 15 and sub-section (2) of section 19 shall be exercisable also by the Controller of Weights and Measures, Bombay State.

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