Section 44 in The Orissa Weights and Measures (Enforcement) Act, 1958
44. 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 powers, 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 standards may be made, the agency by which such standards may be prepared, the person by whom or the authority by which and the manner in which such standards may be stamped and authenticated the places at which and the custody and manner in which such standards may be kept;(b)the procedure for the verification or re-verification and marking or working standards, the persons by whom, the places at which and the intervals at which they may be marked;(c)the material of which and the designs and specifications according to which secondary standards may be made, the places at which and the custody and manner in which such standards may be kept;(d)the procedure for the verification or re-verification and marking of secondary standards and the manner in which they may be marked;(e)the number of weighing and measuring instruments to be kept, the manner in which they may be verified and stamped and necessary particulars regarding the same;(f)the manner in which commercial weights and measures may be marked by manufacturers;(g)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;(h)the qualification, functions and duties generally of Inspectors under this Act;(i)verification and stamping of weights and measures and weighing and measuring instruments and the period within which they are to be re-verified;(j)inspection of weights and measures and weighing and measuring used in transactions for trade or commerce;(k)the seizure, detention and destruction of weights and measures which are not authorised by this Act;(l)the books, accounts and records relating to weights and measures and weighing and measuring instruments to be maintained and the manner in which they may be maintained or produced;(m)the limits of error which may be tolerated in secondary or working standards;(n)the limits of error which may be tolerate din weights and measures and weighing and measuring instruments used or intended to be used in transaction for trade or commerce;(o)the limits of error which may be tolerated in selling articles by weights and measures generally or as regards any trade or class of trades;(p)the form and manner in which appeals may be preferred against decisions of Inspectors and the procedure for hearing appeals;(q)the fees which may be charged for the grant of licences under Section 13 and for verification, re-verification, adjustment and stamping of weights and measures and weighing and measuring instruments and the collection and levy of the same.(3)In making any rule under this Section the State Government may provide that a breach therefor shall be punishable with fine which may extend to one hundred rupees.(4)The power to make rules under this Section shall be subject to the condition of previous publication in the Gazette.(5)All rules made under this Section shall, as soon as may be after they are made, be laid before the State Legislature.
