Section 39 in The West Bengal Standards Of Weights And Measures (Enforcement) Act, 1958
39. 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 :-(a)the material of which and the designs and specifications according to which working models may be made, the agency by which such models may be prepared, the person by whom or the authority by which such models may be verified and stamped, the places at which and the custody and manner in which such models may be kept;(b)the manner and procedure for the verification or re-verification and stamping of working models;(c)the material of which and the designs and specifications according to which verification models may be made, the person by whom or the authority by which such models may be stamped, the places at which and the custody and manner in which such models may be kept;(d)the manner and procedure for the verification or re-Verification, and stamping of verification models;(e)the manner in which weighing instruments and measuring instruments may be verified and stamped with stamps of verification and necessary particulars regarding the same;(f)the manner in which denominations may be marked on weights and measures and the manner in which weights and measures may be verified and stamped with stamps of verification;(g)the form in which, and the conditions subject to which licenses may be granted to persons for manufacture, repair or sale of weights and measures and weighing instruments and measuring instruments, the procedure for granting licenses and the authorities by which licenses may be granted;(h)the qualifications, functions and duties generally of Inspectors and other persons appointed under sub-section (4) of section 13 of this Act;(i)the period within which working models and weights and measures and weighing instruments and measuring instruments are to be reverified;(j)inspection of weights and measures and weighing instruments and measuring instruments used in transactions [* * * * * *] [Words 'in trade or commerce' omitted by W.B. Act 10 of 1965.];(k)the seizure and disposal of weights and measures which are not authorised by this Act;(l)the books, accounts and records relating to weights and measures and weighing instruments and measuring instruments to be maintained and the manner in which they may be maintained or produced;(m)the form and manner in which appeals may be preferred [under sub-section (3) of section 11 or] [Words, figure and brackets inserted by W.B. Act 10 of 1965.] under section 17 and the procedure for hearing appeals;(n)the fees which may be charged for the grant of licenses under section 11 and for verification, re-verification and stamping of weights and measures and weighing instruments and measuring instruments and the collection and levy of the same;(o)any other matter which has 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 punishable 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, as soon as may be, after they are made, be laid before the State Legislature.
