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Bombay Presidency - Act

The Bombay Weights and Measures Act, 1932

BOMBAY PRESIDENCY
India

The Bombay Weights and Measures Act, 1932

Act 15 of 1932

Published on 1 December 1932
Commenced on 1 December 1932
[This is the version of this document from 1 December 1932.]
[Note: The original publication document is not available and this content could not be verified.]

The Bombay Weights and Measures Act, 1932Bombay Act No. 15 of 1932[1st December, 1932]For Statement of Objects and Reasons see Bombay Government Gazette, 1932, Part V, pages 126-130, for Report of the Select Committee, see ibid, 1932, Part 1932 Part V, pages 126-130; and for Proceedings Council see Bombay Legislative Council Debates, 1932, Volume XXXV.An Act to fix ,a scale of standard weights and measures for the Presidency of BombayWhereas it is expedient to fix a scale of standard weights and measures for the presidency of Bombay and to provide for the adoption of the same in specified areas in the said presidency [and for certain other matters hereinafter appearing] [These words were inserted by Bombay 56 of 1938, section 2.]; And whereas the previous sanction of the Governor General required by sub-section (3) of section 80A of the Government of India Act and the previous sanction of the Governor required by section 80C of the said Act have been obtained for the passing of this Act; It is hereby enacted as follows:-

Part I – Preliminary

1. Short title.

- This Act may be called the Bombay Weights and Measures Act, 1932.

2. Extent and commencement.

(1)This Act shall apply to the whole of the presidency on Bombay.

(2)Part I shall come into force at once. Government may, by notification 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.], direct that Parts II, III, V and VI shall come into force in any district or municipal area on a date to be specified in such notification.

(3)When Government has directed that Parts II, III, V and VI shall come into force in any district or municipal area under sub-section (2), Part IV shall come into force in such district or municipal area three months after the dates specified in the notification.

3. Definitions.

- In this Act, unless there is anything repugnant in the subject or context,-

(1)"Inspector" means an inspector of weights and measures and weighing or measuring instrument appointed under section 19;

(2)"Measuring instrument" includes any instrument for the measurement of length, area, capacity or volume;

(3)"Mint" means [Government Mint] [These words were substituted of the words 'His Majesty's Mint' by the Adaptation of Laws Order, 1950.] Bombay;

(4)"Mint Master" means the officer appointed for the time being to be the Master of the Mint, Bombay;

(5)"Prescribed" with its grammatical variations means prescribed by rules [* * *] [The words 'or regulations' were deleted by Bombay 15 of 1955, section 2(1).] made under this Act;

(6)"Primary standards" means the weights and measures prepared and stamped under section 5;

(7)[ "rules" means the rules made under section 41;] [This clause was substituted for the original by Bombay 15 of 1955, section 2(2).]

(8)"Secondary standards" means the weights and measures prepared and stamped under section 7;

(8A)[ "Stamping" includes casting, engraving, etching, branding or otherwise marking in such manner as to be, so far as practicable, indelible and the expression "stamp" and other expressions relating thereto shall be construed accordingly;] [This clause was inserted by Bombay 56 of 1948, section 3.]

(9)The expression "verification" or "reverification" 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;

(10)"Weighing instrument" includes scales, with the weights belonging thereto, scale beams, balances, spring balances, steelyards, weighing machines, and other instruments for weighing; [*] [The word 'and' was deleted by Bombay 39 of 1951, Section 2, First Schedule.]

(11)"Working standards" mean the weights and measures provided under section 9;

(12)[ "Government" means in relation to the establishment of standards of weight [and measure] [Clause (12) was inserted by the Adaptation of Indian laws Order in Council.], the Central Government, and save as aforesaid means, the [State] [This word was substituted for the word 'Provincial' by the Adaptation of Laws Order, 1950.] Government].

Part II – Standards of Weights and Measures

4. Standard weights and measures.

- [(1)] [Section 4 was renumbered as sub-section (1) of that section by Bombay 33 of 1935, Section 2.] The weights and measures including the multiples and sub-multiples thereof described in the First Schedule shall be the weights and measures authorised to be used in every place in which this Part has come into force. These weights and measures are called standard weights and measures for the purposes of this Act.

(2)[ Notwithstanding anything contained in sub-section (1), Government may, after previous publication by notification in the [Official Gazette] [Sub-section (2) was added by Bombay 33 of 1935.], declare, either generally or for any trade or class of trades-

(a)any other multiple or sub-multiple of a weight or measure specified in the First Schedule, or

(b)any other weight or measure, or any multiple or sub-multiple thereof to be a weight or measure authorised to be used in any place in which this Part has come into force.

The weight, measure, multiple or sub-multiple shall to the extent so declared, be deemed to be a standard weight or measure for the purposes of this Act.]

5. Primary standards.

- For the purpose of verifying the secondary standards, such standard weights and measures as Government may direct shall be prepared [* * *] [The words 'at the Mint' were omitted by Bombay 9 of 1935, Section 2(1).] by the Mint Master [or by such other person as may be approved by Government] [These words were inserted by the Adaptation of Indian Laws Order in Council.]. They shall be made of such material, weight, length, form and specifications and in such manner as may be determined by Government by notification in the [Official Gazette] [The words 'Official Gazette' were substituted for the words 'Bombay Government Gazette' by the Adaptation of Indian Order in Council.]. They shall be stamped with the stamp of the Mint [or in such other manner as Government may approve] [These words were inserted by Bombay 9 of 1935, Section 2(2).]. The standard weights and measures so prepared and stamped shall be called primary standards.

6. Custody of primary standards.

- The primary standards shall be kept in the custody of such officer in the City of Bombay as Government may direct. They shall, once at least in every period of five years, be verified, and if necessary, adjusted or renewed, at the Mint in such manner and by such officer as Government may direct.

7. Secondary standards.

- For the purpose of verifying the working standards and weights and measures in use in any area, such standard weights and measures as Government may direct, shall be prepared [* * *] [The words 'at the Mint' were omitted by Bombay 9 of 1935, Section 3(1).] by the Mint Master [or by such other person as may be approved by Government] [These words were inserted by Bombay 9 of 1935.]. They shall be made of such material, weight, length, form and specifications and in such manner as may be prescribed, and shall be stamped with the stamp of the Mint [or in such other manner as Government may approve] [These words were inserted by Bombay 9 of 1935, Section 3(2).]. The standard weights and measures so prepared and stamped shall be called secondary standards.

8. Custody and verification of secondary standards.

(1)The secondary standards shall be kept-

(i)in the City of Bombay by such officer and at such place as Government may direct;

(ii)elsewhere by the Collectors in the Government treasuries at the headquarter towns of their respective districts and at such other town or place within their respective districts as Government may direct.

(2)[ * * * * * ] [Sub-section (2) was deleted by Bombay 15 of 1955, Section 3]

(3)Once at least in every period of five years such secondary standards shall be verified with the primary standards and shall be adjusted or renewed, if necessary, and shall be marked with the date of verification, in the proscribed manner by such officer as Government may direct.

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

9. Working standards.

(1)For the purpose of verifying weights and measures in use in any area, Government may provide such standard weights and measures as it thinks fit, to be working standards. They shall be made of such material, weight, length, form and according to such specifications and shall be prepared by such agency and shall be stamped by such person and in such manner as may be prescribed. When they are not prepared at the Mint, they shall be verified with the secondary standards before being stamped.

(2)The working standards shall be kept by such officers [* * *] [The words 'and such municipalities and local boards' were deleted by Bombay 15 of 1955, Section 4.] as Government may direct at such places, in such custody and in such manner as may be prescribed.

(3)A working standard shall be verified or re-verified and marked by such person, at such place and in such manner, as may be prescribed.

(4)A working standard shall not be deemed legal, or be used for the purposes of this Act, unless it has been verified or re-verified and marked in the prescribed manner within such period as may be prescribed before the time at which it is used.A working standard which has become defective shall not be legal, or be used for the purposes of this Act, until it has been re verified and marked in the prescribed manner.

10. Weighing and measuring instruments.

- Weighing and measuring instruments stamped in the manner prescribed by such officer as Government may direct shall be kept at all places where secondary standards or working standards are kept. Such instruments shall be of such kind kept in such number and shall be verified, adjusted or renewed in such manner as may be prescribed.

11. [Duty of certain municipalities and local boards to provide and maintain secondary standards, etc.]

- Deleted by Bombay 15 of 1955, Section 5.

11A. [ Use of standard weights and measures for particular trades. [This section was inserted by Bombay 56 of 1948, Section 4.]

(1)Government may, by notification in the Official Gazette, declare that such standard weights or measures or weighing or measuring instruments shall, notwithstanding anything contained in this Act, be used for such trade or class of trades in such area from such date and subject to such conditions as may be specified in the notification.

(2)on and from the date specified in the notification under sub-section (1), no weight or measure or weighing or measuring instrument other than the one specified in such notification shall be used in such trade or class of trades.]

12. Prohibition of weights and measures other than standard weights and measures.

(1)Subject to the provisions of section 46, and notwithstanding anything contained in any law for the time being in force, all dealings or contracts, had or made in any area after this Part shall have come into force in the said area for any work to be done or goods to be sold or delivered by weight or measure, shall be deemed to be had or made according to one of the standard weights or measures or to multiples [or sub-multiples] [The words 'or sub-multiples' were inserted by Bombay 33 of 1935, Section 3.] thereof and it shall not be lawful to use any other weight or measure in relation to any such dealing or contract.

(2)Any dealing or contract had or made in contravention of the provisions of sub-section (1) so far as it contravenes the said provisions shall be void unless it is proved that such dealing or contract was had or made without intention to contravene the said provisions.Explanation. - Unless there is anything repugnant in the subject or context dealing or contract is hereinafter called "trade".

12A. [ Custom for excess or less quantity to be demanded or received void. [This section was inserted by Bombay 56 of 1948, Section 5.]

- Any custom, usage, practice or method of whatever nature which permits in any trade [a trader, a seller or a buyer] to demand, receive or cause to be demanded or received any quantity of article 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 article] [These words were substituted for the words 'for the sale of the said article' by Bombay 15 of 1995, Section 6(2).] has been made shall be void.]

Part III – Verification and Stamping of Weights and Measures

13. [Denomination] [This marginal note was substituted for the original by Bombay 56 of 1948, Section 5.].

- Every weight which conforms to the provisions of this Act and the rules [* *] [The words 'and regulations' were deleted by Bombay 15 of 1995, Section 7.] except where the small size of the weight renders it impracticable, shall have the denomination thereof stamped on the top or side thereof in legible figures and letters. Every measure of length, area, capacity or volume, which conforms to the provisions of this Act and the rules [* *] [The words 'and regulations' were deleted by Bombay 15 of 1995, Section 7.] shall have the denomination thereof stamped on the outside of such measure in legible figures and letters. A weight or measure which does not conform to the provisions of this section shall not be stamped in accordance with the provisions of this Act and the rules [* *] [The words 'and regulations' were deleted by Bombay 15 of 1995, Section 7.].

14. Stamping and verification of weights and measures.

(1)No weight or measure shall be used for trade unless it has been verified or re-verified in the prescribed manner and stamped by an inspector with a stamp of verification under this Act.

(2)Government may prescribe the amount of error to be tolerated in weights or measures or weighing or measuring instrument used for trade.

15. Use of weighing or measuring instrument not verified and stamped prohibited.

- No weighing or measuring instrument shall be used for trade unless it has been verified or re-verified within the period fixed and stamped in the prescribed manner by an inspector with a stamp of verification.

16. Sale or delivery of weight, measure, weighing or measuring instrument not verified and stamped prohibited.

- No weight or measure or weighing or measuring instrument shall be sold or delivered unless it has been verified or re verified and stamped in the prescribed manner by an inspector with a stamp of verification.

17. [Empowering municipalities and district local boards to stamp, weights, etc.]

- Deleted by Bombay 15 of 1955, Section 8.

18. Provision of means of verification and stamping.

- Government shall provide proper and sufficient means for verifying, adjusting and stamping weights and measures and weighing of measuring instruments in the City of Bombay, in all headquarter towns in the districts and at such other places as Government may determine:[* * * * * * * ] [The proviso was deleted by Bombay 15 of 1955, Section 9.]

19. Appointment of inspectors of weights and measures.

(1)Government shall appoint a sufficient number of persons with prescribed qualifications as inspectors for keeping the secondary and working standards in safe and proper custody and for the discharge of the other duties of inspectors under this Act and the rules [* *] [The words 'and regulations' were deleted by Bombay 15 of 1955, Section 10(a).].

(2)[ In the exercise of their powers and in the discharge of their duties and functions under the provisions of this Act and rules, the Inspectors shall, subject to the general or special orders of the State Government be subordinate to and under the control of such officer or officers as the State Government may by order authorise in this behalf. The Inspectors shall be bound to follow such directions as the officer so authorized may from time to time make.

(3)The powers and duties conferred on the Inspectors by this Act or rules may also be exercised and performed by the officer or officers so authorised.] [Sub-sections (2) and (3) were substituted for the original by Bombay 15 of 1955, Section 10(b).]

20. Inspectors to enter into recognizance.

- Every inspector shall forthwith on his appointment enter into a recognizance with Government [* * *] [The words 'or the municipality or district local board, as the case may be,' were deleted by Bombay 15 of 1955, Section 11.] in such sum as may be prescribed for the due performance of the duties of his office, for the due payment, at the time and in the manner required by the authority appointing him, of all moneys received by him under this Act and for the safety of the secondary and working standards and the stamps and appliances for verification committed to his charge and for their due surrender immediately on ceasing to hold office.

20A. [ Requiring persons, dealers, etc., to keep books, accounts and records. [This section was inserted by Bombay 56 of 1948, Section 7.]

(1)Every person using weights or measures or weighing or measuring instruments for trade shall maintain such records, and

(2)Every dealer, repairer or manufacturer in any weights or measures or weighing or measuring instruments shall maintain such books, accounts and records, relating to weights or measures or weighing or measuring instruments and in such manner as may be prescribed and shall produce them for inspection in such manner as may be prescribed.]

21. Verification and stamping by Inspectors.

(1)Every inspector shall, for the purposes of the verification weights and measures and weighing or measuring instruments, attend at such time and place within his jurisdiction as may be appointed in this behalf by the authority appointing him.

(2)[ He shall verify every weight and measure or weighing or measuring instrument which is brought to him for the purpose of verification or re-verification. If he finds such weight or measure or weighing or measuring instrument correct, he shall stamp the same with a stamp of verification in the prescribed manner.] [This sub-section was substituted for the original sub-sections (2) and (3) by Bombay 15 of 1955, Section 12.]

22. Power to inspect weights, etc. and to enter shops, etc., for that purpose.

(1)Every inspector authorised in writing in this behalf by the authority appointing him may, at all reasonable times, inspect all weights and measures and weighing or measuring instruments, within the area under his charge, which are used or are in the possession of any person or are on any premises for use for trade and may verify every such weight or measure or weighing or measuring instrument with a secondary or working standard or a weighing or measuring instrument prescribed for this purpose [and may also verify the weight or measure of any article, delivered by such person in the course of trade to any other person with such secondary or working standard or weighing or measuring instrument] [These words were inserted by Bombay 15 of 1955, Section 13.].

(1A)[ Such Inspector may, at all reasonable times, require arty trader or any employee or agent of a trader to produce before him for inspection all weights, measures and weighing or measuring instruments which are in his possession and are kept on any premises used for trade, whether or not such weights, measures or instruments are used, or are in his possession for use, for trade.] [This sub-section was inserted by Bombay 15 of 1947, Section 3.]

(2)Such inspector may seize and detain any weight or measure or weighing or measuring instrument regarding which an office under this Act appears to have been committed or which appears to have been or which may be used for the commission of such offence.

(3)For the purpose of such inspection, the inspector may at all reasonable times enter into any place where weights and measures and weighing or measuring instruments are used or kept for purpose of trade and inspect such weights and measures and weighing or measuring instruments.

23. Inspector not to be maker seller, or adjuster of weights and measures or weighing or measuring instruments.

- An inspector shall not, during the time he holds office, derive any profit from or be employed in the making, adjusting, or selling of weights or measures or weighing or measuring instruments:Provided that in any area in which it appears to Government desirable that an inspector should be allowed to adjust weights or measures or weighing or measuring instruments Government may, if it thinks fit, authorise such inspector to adjust weights, measures or such instruments accordingly.

24. [Inspectors to be public servants.]

- Deleted by Bombay 15 of 1955, Section 14.

25. Government may determine difference.

- [(1) If any difference arises between an Inspector and any person interested as to the meaning or construction of any rule or as to the method of verifying, adjusting or stamping any weight or measure or weighing or measuring instrument, such difference may, at the request of the party interested or by the Inspector of his own accord be referred to such officer as Government may direct and the decision of such officer shall, subject to the provisions of sub-section (2), be final.] [This sub-section and marginal note were substituted for the original by Bombay 15 of 1955, Section 15.]

(2)An appeal shall lie within the time prescribed from the decision under subsection (1) to Government or such officer as Government may appoint in this behalf. The decision of Government or such officer under this sub-section shall be final.

26. [Expenses of municipality and district local board].

- Deleted by Bombay 15 of 1955, Section 16.

27. [ Government shall charge such fees for the verification, re-verification, levy of fees, marking, adjustment and stamping of weights or measures or weighing or measuring instruments as may be prescribed.] [This section was substituted for the original by Bombay 15 of 1955, Section 17.]

28. [Power of municipalities and district local boards to combine for the purposes of the Act.]

- Deleted by Bombay 15 of 1955, Section 18.

29. Validity weights and measures, etc., duly stamped.

- A weight or measure duly stamped by an inspector under this Act shall be a legal weight or measure in all places in which this part has come into force, unless false or defective, and shall not be liable to be re-stamped because used in any place other than that in which it was originally stamped.

30. Stamped weights, etc., to be prima-facie deemed correct in any court.

- A weight or measure or weighing or measuring instrument duly stamped under the provisions of this Act or the rules [ * *] [The words 'or regulations' were deleted by Bombay 15 of 1955, Section 19(1).] shall be deemed to be correct until its inaccuracy is proved, if it is produced in any court by any public servant having charge thereof under the direction of Government [* * *] [The word 'or the municipality or district local board, as the case may be' were deleted by Bombay 15 of 1955, Section 19(2).], or by any person acting under the general or special authority of such public servant.

Part IV – Penalties

31. Penalty for fraudulent use of weight, measure, etc.

- Whoever fraudulently uses any weight or measure or weighing or measuring instrument, shall on conviction, be punished with imprisonment of either description which may extend to three months or with fine extending up to rupees five hundred or with both.

31A. [ Penalty for use of weight or measure in contravention of section 11A. [This section was inserted by Bombay 56 of 1948, Section 8.]

- Whoever uses any weight or measure or weighing or measuring instrument in contravention of any notification issued under section 11A shall, on conviction, be punished with imprisonment of either description which may extend to three months or with fine which may extend to rupees five hundred or with both.]

32. Penalty for making, selling, disposing of false or defective weight, measure, etc.

- Whoever wilfully or knowingly makes, sells or disposes of or causes to be made, sold or disposed of any weight or measure or weighing or measuring instrument which is false or defective shall, on conviction, be punished with rigorous imprisonment for a period which may extend to three months or with fine which may extend to rupees five hundred or with both.

33. Penalty for sale [or delivery in the course of any trade] [These words were inserted by Bombay 15 of 1955, Section 20(2).] by weight or measure other than standard weight or measure.

- Whoever sells [of causes to be sold] [These words were inserted by Bombay 56 of 1948, Section 9.] [or delivers or causes to be delivered during the course of any trade] [These words were inserted by Bombay 15 of 1955, Section 20(1).] any article by any denomination of weight or measure other than one of the standard weights or measures shall, on conviction, be punishable with fine which may extend to rupees five hundred.

34. Penalty for use and possession of weight, measure, etc., not authorised.

- Whoever uses or has in his possession for use for trade any weight or measure or 'weighing or measuring instrument [which be knows to be false or defective or which is not authorised] [These words were substituted for the words 'which is not authorised' by Bombay 15 of 1955, Section 21(a).], verified [or re-verified] [These words were inserted by Bombay 1 of 1939, Section 2(i).] or stamped under or in accordance with the provisions of this Act and the rules[* *] [ The words 'and regulations' were deleted by Bombay 15 of 1955, Section 21(b).] shall, on conviction, be punishable with fine which may extend to rupees five hundred and any trade had or made by such weight or measure or weighing or measuring instrument shall be void.[Explanation [1] [The Explanation was added by Bombay 1 of 1939, Section 2(ii).].- When any such weight or measure or weighing or measuring instrument is found in the possession of any ,trader or of any employee or agent of such trader, such trader, [employee or agent] [These words were inserted by Bombay 17 of 1951, Section 2(1).] shall be presumed, until the contrary is proved, to have had it in his possession for use for trade.][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 gent of a trader on behalf of such 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 such offence.] [This Explanation was added by Bombay 17 of 1951, Section 2(2).]

35. [ Penalty for giving short weight or measure. [Section 35 was substituted for the original by Bombay 15 of 1947, Section 4.]

- [Whoever in selling or delivering in the course of any trade, any article by weight or measure, sells or delivers or causes to be sold or delivered to any person]-

(i)in cases to which an amount of error prescribed under section 46A applies, short weight or measure, exceeding in shortage the amount of error so prescribed, or

(ii)in other cases, short weight or measures, shall, on conviction, be punishable with fine which may extend to rupees three hundred.]

36. [Penalty for possessing for use weight, etc., not verified or stamped.]

- Repealed of Bombay 1 of 1939, section 3.

37. Penalty for sale or delivery of weight or measure, etc., not verified or stamped.

- Whoever sells or delivers [or causes to be sold or delivered] [These words were inserted by Bombay 56 of 1948, Section 10.] any weight or measure or weighing or measuring instrument not verified or re-verified and stamped under this Act shall, on conviction, be punishable with fine which may extend to rupees one thousand.

38. Penalty for forging, etc., of weights, measure, etc.

(1)Whoever forges or counterfeits any stamp used under this Act for the stamping of any weight or measure or weighing or measuring instrument [or possesses any such counterfeit stamp] [These words were Inserted by Bombay 56 of 1948, Section 11.] or removes a stamp from any 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, on conviction, be punished with rigorous imprisonment for a period which may extend to six months or with fine or with both.

(2)Whoever knowingly uses, sells, utters, 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 measure so increased or diminished shall, on conviction, be punished with rigorous imprisonment for a period which may extend to six months or with fine or with both.

39. Penalty for neglect or refusal to produce weight for inspection.

- Whoever neglects or refuses to produce for inspection all weights or measures or weighing or measuring instruments in his possession or on his premises or refuses to permit an inspector authorized to examine the same or any of them or obstructs the entry of the inspector under section 22 or otherwise obstructs or hinders him in the performance of his duties shall, on conviction, be punishable with fine which may extend to rupees five hundred.

39A. [ Penalty for demanding or receiving articles in excess of or less than quantity fixed by weight or measure. [This section was inserted by Bombay 56 of 1948, Section 12.]

- Whoever in contravention of the provisions of section 12A, demands, receives or causes to be demanded or received any quantity of articles [in the course of any traded] shall, on conviction, be punished with fine which may extend to rupees three hundred.]

40. 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 [* * *] [The words 'or regulations' were deleted by Bombay 15 of 1955, Section 24.] or L guilty of a breach of any duty imposed on him by this Act or by the rules [* * *] [The words 'or regulations' were deleted by Bombay 15 of 1955, Section 24.] h shall, on conviction, be punished with imprisonment of either description for a period which may extend to one year or with fine or with both.

Part V – Rules and Regulations

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.]

42. [Power of municipality and district local board to make regulations.]

- Deleted by Bombay 15 of 1965, Section 26.

Part VI – Miscellaneous

43. Protection to persons acting in good faith.

- No suit, prosecution or other legal proceeding shall be instituted against any person for anything which is in good faith done or intended to be done under this Act or the rules or regulations.

44. Cognizance of offences.

- No prosecution under this Act shall be instituted except by or with the previous sanction of [an officer authorised under sub-section (2) of section 19 and specially empowered] [These words, brackets and figures were substitute for the words 'the Collector or any officer specially empowered by him or' by Bombay 15 of 1955, Section 27.] by Government in this behalf.

44A. [ Offences by corporations and associations of persons. [This Section was inserted by Bombay 17 of 1951, Section 3.]

- Where a person committing an offence under this Act is a Company, or other body corporate, or an association of persons (whether incorporated or not), every director, manager, secretary, agent or other officer or person concerned with the management thereof shall, unless he proves that the offence was committed without his knowledge or consent, be deemed to be guilty of such offence.]

45. Delegation of powers by Government.

- Any of the powers and duties conferred and imposed upon Government by this Act may be exercised and performed, subject to such conditions as Government may think fit, by any person whom Government may, by general or special order, empower in this behalf.

46. Power to exempt specified persons, articles or trades from provisions of the Act.

- Government may, after previous publication by notification 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.], and subject to such conditions and restrictions as it may think fit to impose, exempt any class of persons, any commodity, trade, [*] [The word 'or' was omitted by Bombay 33 of 1935, Section 4(i).] any class of traders [or any class of weights or measures or of weighing or measuring instruments used or intended to be used for any purpose other than trade] [ These words were inserted by Bombay 33 of 1935, Section 4(ii).] specified in the notification from all or any of the provisions of this Act.

46A. [ Power to prescribe the amount of error to be tolerated in selling article by weight or measure. [Section 46A was inserted by Bombay 22 of 1936, Section 5.]

- Government may prescribe the amount of error to be tolerated in selling articles by weight or measure generally or as regards any trade or class or trades.]

47. Repeal and amendments.

- On the coming into force of this Part in any area-

(a)the enactment specified in Part I of Second Schedule shall be deemed to have been amended to the extent and in the manner specified in the third column thereof;

(b)the enactments specified in Part II of the said schedule shall be deemed to have been repealed, so far as they apply to the presidency of Bombay, to the extent specified in the third column thereof:

Provided that-

(i)the said repeal shall not affect the validity or invalidity or anything already done under the enactments repealed by this Act;

(ii)all appointments made, notifications and notices issued, rules, byelaws and orders made, contracts entered into and suits and other proceedings instituted under any Act or enactment repealed by this Act shall, so far as they are not inconsistent with the provisions of this Act and the rules and regulations, continued in force and be deemed to have been made, issued, entered into and instituted under this Act.

The First Schedule(See section 4)Standard Weights and MeasuresWeights-The Bombay Tola of 180 grains.The Bombay Seer of 80 tolas.The Bombay Maund of 40 seers.The sub-multiples ½, ¼, ⅛, 1/16 and 1/32 and the multiples 2, 4 and 8 of the tola, seer and maund.The pound avoirdupois equal to 7,000 grains and sub-multiples ⅛, ¼, ½, 1, 2, 4 and 8 ounces, the multiples 1, 2, 4, 7, 14, 28 lbs. (a quarter), 56 lbs., 112 lbs. (1 cwt.) and 2,240 lbs. (1 ton).The grain is that unit of weight in vacuo which when multiplied by 1799 84585 is the weight of the iridio-platmum cylinder in the custody of the Mint Master, Bombay, the value of which is certified by the Standard Department of the British Board of Trade as 1799 84585 grains in vecuo.Explanation 1. - The equivalent value of the abovementioned iridio-platinum cylinder when weighed in Standard Indian Air against Brass Weights having a specific gravity of 8-143 is 1800 00394 grains, i.e., a brass weight whose value in vacuo is 1800 00394 grains will exactly equilibrate the abovementioned iridio-platinum cylinder in Standard India Air.Explanation 2. - Since the Bombay tola equals 180 grams in vacuo, its absolute value is equivalent to 10000856 of the absolute value of the abovementioned iridio-platinum cylinder. But in practice, all verifications against the abovementioned iridio-platinum cylinder are carried out by weighments in air, and therefore the value 1800 00394 grains is always used for verifying weights.Explanation 3. - Standard Indian Air is defined as follows:-Temperature: 85 deg. Fahr.-29.44 deg. Cent. Pressure: A column of mercury at 0 deg. C, 29.8 inches or 756.919 mm. in height. Carbon diox. gas: 0.0006 of the volumes of air. Vapour tension: 0-75 inches =19-05 mm. Latitude at Calcutta 22° 35' 6-6". Height above M. S. L. = 22.6 feet. 1 litre of Standard Indian Air at Calcutta weights 1-14917 grm.Dry measures-The Bombay seer.The sub-multiples ½, ¼, and ⅛, seer.The Bombay Chatak=l/16 seer.The Adpao=½ seerThe Adholi=2 seers.The Bombay payali of 4 seers.The Bombay Maund of 16 payalis.The Bombay Map of 2 maunds.Liquid measure-The Bombay seer.The sub-multiples ½, ¼, ⅛ and 1/16 seer.The multiples 2, 4, and 8 seers.The Imperial gallon.The Pint=⅛ gallon.Dry and Liquid measures- Explanations-Explanation 1. - The unit of capacity called the Bombay seer is equivalent to the volume occupied by 80 tolas of air-free distilled water weighed in Standard Indian Air against brass weights having a specific gravity of 8.143.Explanation 2. - The unit of capacity called the Imperial gallon contains ten British Standard pounds of water at 60° F. being in volume 277.274 cub. in., which contains each 252.724 grains of water in a vacuum at 62° or 252.458 grains of water weighed with the brass weights in air of 62° with the barometer at 30 in.Length-The Yard-The Inch =l/36th yard, andThe Foot=l/3rd yard.The Furlong of 220 yards.The Mile of 1,760 yards.The yard is that unit of length which is exactly equal to the certified yard kept in the custody of the Mint Master, Bombay.Area and volume-The Square Yard, Square Foot and Square Inch.The Cubic Yard, Cubic Foot and Cubic Inch and sub-multiples of a Cubic-Inch. The anna of 1/16 of the guntha.The Guntha of 121 square yards and the acre of 4,840 square yards for land measurement.The Square of 100 square feetThe Brass of 100 cubic feet.The Second Schedule(See section 47)

Part I – Enactments amended

No. and Year of Act	Title	Amendments
		Acts of the Governor of Bombay in Council
III of 1901	...	The Bombay District Municipal Act, 1901.	For section 143 the following section shall besubstituted, namely:-"143.Powers of inspection of weights and measureas etc.The president, vice-president, or any councillor or officerauthorized by the municipality in this behalf may at allreasonable times enter into any place[(other than a placeprescribed by rules made under the Bombay Weights and MeasuresAct, 1932)] [These words, figures and brackets were inserted by Bombay 9 of 1935, section 6(1).]where weights or measures or weighing or measuringinstruments are used or kept for purposes of trade and inspectsuch weights or measures or weighing or measuring instruments."
VI of 1923	...	The Bombay Local Boards Act, 1923	After section 61A the following section shallbe inserted, namely:-[Seesection 61B of Bom. 6 of1923,].
XVIII of 1925	...	The Bombay Municipal Boroughs Act, 1925	For section 177 the following section shall besubstituted, namely:-[Seesection 177 of Bom. 18 of1925,]
[XVII of 1933] [The entry was added by Bombay 9 of 1935, section 6(2).]	...	The City of Karachi Municipal Act, 1933.	In section 165 after the word "place"the words, figures and brackets "(other than a placeprescribed by Government by rules made under the Bombay Weightsand Measures Act, 1932)" shall be inserted.

Part II – Enactments Repealed

No. and year of Act	Title	Extent of repeal
		Acts of the Governor General in Council.
XXXI of 1871	...	The[Indian Weights and Measures of Capacity Act, 1871] [Central Act.].	The whole.
II of 1889	...	The[Measures of Length Act, 1889] [See Volume I of this Code.].	The whole.
		Acts of the Governor of Bombay in Council.
Regulation XII of 1827.	A regulation for the establishment of a system of policethroughout the silas subordinate to Bombay for providing rulesfor its administration and for defining the duties and powers ofall police authorities and servants.	Section 20.
III of 1886	...	The Bombay General Clauses Act, 1886.	In Schedule B the entry relating to section 20 of BombayRegulation XII of 1827.
III of 1888	...	The City of Bombay Municipal Act, 1888.	Sections 418, 419 and 420. Section 461, clause (o),sub-clause (i). In section 471, the entries relating to section420, sub section (2), clauses (a), (b), (c) and (d) andsub-section (3), clauses (a) and (b).
III of 1901	...	The Bombay District Municipal Act, 1901.	Clauses (e) and (ee) of sub-section (1) of section 48.
IV of 1904	...	The Bombay District Municipal (Amendment) Act, 1904.	Section 3.
IV of 1921	...	The City of Bombay Municipal (Amendment) Act, 1921.	Sections 2, 3, so far as it relates of sub-clauses (i) ofclause (o) of section 461 and section 4.
XVIII of 1925	...	The Bombay Municipal Boroughs Act, 1925	Clauses (h) and (i) of section 61.

NotificationsAmended by C.N., D.D., No. WMA, 1051 -A, dated 19th September, 1951Amended by G.N., D.D., No. WMA, 1051-A, dated 2nd June, 1952Amended by G.N., D.D., No. WMA, 1054-A, dated 4th October, 1954Amended by G.N., D.D., No. WMA, 1056-A, dated 31st January, 1956.G. N., D. D., No. WMA. 1051, dated 30th August, 1951. - In exercise of the powers conferred by sub-section (1) of section 11A of the Bombay Weights and Measures Act, 1932 (Bombay XV of 1932), and in supersession of Government Notification, Development Department, No. WMA, 1051, dated the 30th April, 1951, the Government of Bombay is pleased to declare that notwithstanding anything contained in any other provision of the said Act the standard weights specified in column 1 of the Schedule hereto appended shall be used for the class of trades specified against them in column 2 throughout the State of Bombay with effect from 1st September 1951 except in such articles of the said trades as are packed and sold in packets, tins or containers indicating the quantities in pounds, cwts. and tons.

Schedule

Standard Weights	Class of Trades
1	2
The Bombay tola of 180 grains. The Bombay seerof 80 tolas and the Bombay Maund of 40 seers and thesub-multiples of 1/2, 1/4, 1/8, 1/16, 1/32 and the multiples 2,4, 5, 10, 20 and 40 of a seer.	Trades in-[Grams and flour in quantities exceeding 1/2seer] [Substituted by G.N. of 31-1-1956.]Pulses and seeds in quantities exceeding 1/2 seer but notexceeding 20 maunds.Species in quantities not exceeding 20maunds.Nuts and dried fruits.Gur.Ghee.Butter.Vegetables.Edible oils including hydrogenated oils inquantities not exceeding 20 maunds.Sweetmeats.Flesh.Fish (other than dry fish of type of prawns andshrimps).Charcoal.Fuel wood.[Salt] [Added ibid.].

Explanation. - Nothing in this notification shall be deemed to apply to transactions relating to payment of rent of land in kind, or payment of wages in kind to an agricultural labourer.G. N., I. & C. D., WMA. 2257-A, dated 21st October, 1957 (B. G., Part IV-B, page 2094). - In exercise of the powers conferred by sub-section (2) of section 19 of the Bombay Weights and Measures Act, 1932 (Bombay XV of 1932), the Government of Bombay hereby authorises the Director of Industries, Bombay, and each of the Regional Officers specified in column 2 of the Schedule appended hereto exercising jurisdiction over the areas specified against him in column 3 thereof, as the officers: -

(1)to whom the Inspectors appointed in the area of his jurisdiction shall be subordinate; and

(2)under whose control such inspectors shall be, in the exercise of the powers and in the discharge of their duties and functions under the provisions of the said Act and rules thereunder.

Schedule 2

Serial No.	Officers	Area
1	2	3
1	Director of Industries, Bombay	All Districts in the pre-reorganisation State of Bombay,excluding Transferred Territories.
2	Deputy Director of Industries Bombay.	Greater Bombay, Thana, Kolaba, Ratnagiri, Surat, Dangs,Nashik and West Khandesh Districts.
3	[* * * * [Not printed as it pertains to the Gujarat State.]	* * * *] [Not printed as it pertains to the Gujarat State.]
4	[* * * * [Not printed as it pertains to the Gujarat State.]	* * * *] [Not printed as it pertains to the Gujarat State.]
5	Assistant Director of Industries, Poona.	Poona, Ahmednagar, Sholapur, Kolhapur, South Satara and NorthSatara Districts.
6	Assistant Director of Industries, Aurangabad.	East Khandesh District.

G. N., I. & C. D., No. WMA. 2257-A, dated 21st October, 1957 (B. G., Part IV-B, page 2094). - In exercise of the powers conferred by section 44 of the Bombay Weights and Measures Act, 1932 (Bombay XV of 1932), the Government of Bombay hereby empowers each of the following officers to sanction prosecutions under the said Act:-

(1)Director of Industries, Bombay.

(2)Deputy Director of Industries, Bombay.

(3)[* * * *] [Not printed as it pertains to the Gujarat State.]

(4)[* * * *] [Not printed as it pertains to the Gujarat State.]

(5)Assistant Director of Industries, Poona.

(6)Assistant Director of Industries, Aurangabad.G. N., G. D., No. 2924/33, dated 31st May, 1940 (B. G., Part IV-B, page 609). - In exercise of the powers conferred by section 46 of the Bombay Weight and Measures Act, 1932 (Bombay XV of 1932), the Government of Bombay is pleased to exempt the classes of weights or measures or weighing or measuring instruments specified in the first column of the schedule hereto, when used or intended to be used for purposes other than trade specified in the corresponding entry in the second column thereof, from the provisions of the sections specified in the third column thereof.

Schedule 3

	Weights or measures or weighing or measuringinstruments to be exempted1	Purposes other than trade for which weights,etc., specified in column 1 when used or intended to be usedwould be exempted2	Sections from the provisions of whichweights, etc., specified in column 1 would be exempted3
1.	Weights, measures, weighing and measuring instruments.	(1) For purposesother than trade when used by the following classes of personsor at the following places:-1. Educational or Research Institutions.2. ResearchLaboratories.3.Bona fidestudents of educationalinstitutions(2) For weighing ormeasuring in hospitals and convalescent homes.(3) For ascertaining weights and measurementsof persons, provided no fees are charged for it.	Section 4 so far asit does not relate to the establishment of standards of weights;section 13 and section 16 subject to the conditions that-(a) the weight or measure or weighing or measuring instrument isclearly, indelible and prominently marked "Not for trade"and/or(b) the weight hasno loading hole and in case of weights of capacity below 2 tolasor 1 ounce, a cross extending to the sides of the weight isindelibly marked on the top surface of the weight.
2.	Weights and weighing instruments.	(1) For estimatingthe postage or freight payable on letters and parcels, forpersonal information only.(2) For the purpose of weighing variousingredients to be mixed in match, rubber and firework factories.	Section 4 so far asit does not relate to the establishment of standards of weights;section 13 and section 16 subject to the conditions that-(a) the weight or measure or weighing or measuring instrument isclearly, indelibly and prominently marked "Not for trade"and/or(b) the weight hasno loading hole and in case of weights of capacity below 2 tolasor 1 ounce, a cross extending to the sides of the weight isindelibly marked on the top surface of the weight.
3.	Weights, measures, scales, calibrated bowls,menes mixers, calibrated teaspoons and such other cookingutensils.	For rough weighments or measurements inhousehold for personal use only.	Do.	Do.
4.	Knowel's patent yarn balance and similar otherbalances.	For testing the counts of yarn	Do.	Do.
5.	Weighing instruments used and kept in CottonPressing Factories.	For the purposes of estimating approximateweight of loose cotton to be pressed into each bale provided nocharge is levied on the basis of such estimated weights.	Do.	Do.

G. N., G. D., No. 2924/33, dated 10th July, 1941 (B. G., Part IV-B, page 619). - In exercise of the powers conferred by section 46 of the Bombay Weights and Measures Act, 1932 (Bombay XV of 1932), the Government of Bombay is pleased to exempt the class of measures specified in the first column of the schedule hereto, when used or intended to be used for purposes other than trade specified in the corresponding entry in the second column thereof, from the provisions of the sections specified in the third column thereof.

Schedule 4

Measures or measuring instruments to beexempted1	Purposes other than trade for which measuresspecified in column 1 when used or intended to be used would beexempted2	Sections from the provisions of which measuresspecified in column 1 would be exempted3
Tape measures in use in Finishing andCalendering Departments in Textile Mills.	For the purpose of checking width of clothcoming out from finishing and calendering machines to ascertainwhether the width after these processes tallies with thepredetermined width or not.	Section 4 so far as it does not relate to theestablishment of standards of weights; section 13 and section 16subject to the conditions that the measures are clearly,indelibly and prominently marked "Not for trade".

G. N., G. D., No. 2924/33, dated 6th January, 1943 (B. G., Part IV-B, page 4). - In exercise of the powers conferred by section 46 of the Bombay Weights and Measures Act, 1932 (Bombay XV of 1932), the Government of Bombay is pleased to exempt the weighing instruments specified in the first column of the schedule hereto, when used or intended to be used for purposes other than trade specified in the corresponding entry in the second column thereof, from the provisions of the sections specified in the third column thereof.

Schedule 5

Weights or measures or weighing or measuringinstruments to be exempted1	Purposes other than trade for which weights,etc., specified in column 1 when used or intended to be usedwould be exempted2	Sections from the provisions of whichweighing specified instruments in column I would be exempted3
1. Weighing Instruments	Used for mixing ingredients for personalinformation only in the-(1) Size-mixing, bleaching,printing, finishing and calendering departments of Textile Millsand Factories.(2) Manufacturing concerns and RailwayWorkshops.	Section 4 so far as it does not relate to theestablishment of standards of weights; section 13 and section 16subject to the conditions that the weighing instruments areclearly, indelibly and prominently marked "Not for trade".
2. Weighing Instruments	For ascertaining the predetermined weighs oflap in blow rooms of Textile Mills and Factories.	Do.	do.

G. N., G. D., No. WMA. 1653, dated 19th May, 1953 (B. G., Part IV-B, page 957). - In exercise of the powers conferred by section 46 of the Bombay Weights and Measures Act, 1932 (Bombay XV of 1932), the Government of Bombay is pleased to exempt the class of weights and measures specified in the first column of the schedule hereto, when used or intended to be used for purposes other than trade specified in the corresponding entry in the second column thereof, from the provisions of the sections specified in the third column thereof.

Schedule 6

Weights, measures, weighing or measuringinstruments to be exempted1	Purposes other than trade for which measuresspecified in column 1 when used or intended to be used would beexempted2	Sections from the provisions of which weightsand measures specified in column 1 would be exempted3
Weights, measures, weighing or measuringinstruments used in chemical and pharmaceutical works.	For purposes of ascertaining approximate weightor measure of chemicals while mixing for chemical reactions.	Section 4 so far asit does not relate to the establishment of standards of weights,section 13 and section 16 subject to the conditions that-(a) the weight ormeasure or weighing and measuring instrument is clearly,indelibly and prominently marked "Not for trade" and/or(b) the weight has no loading hole and in case of weights ofdenomination below 2 tolas or 1 oz., a cross extending to thesides of the weight is indelibly marked on the top surface of theweight.

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