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Section 5 in The Standards of Weights and Measures (Enforcement) Act, 1985
5. The Bill not only provides for the enforcement of the standards of weights and measures but also provides for better protection to consumers by ensuring metrological accuracy in commercial transactions, industrial measurements and measurements needed for ensuring public and human safety. In addition, the provisions of the Bill relating to initial verification, periodical verification, inspection in use, verification after repair and registration of users would go a long way in protecting the interest of the consumers.
6. The main features of the Bill are,(a) extension of legal control to cover commercial transactions, industrial measurements and measurements involved in ensuring public health and human safety;(b) creation of an effective enforcement machinery in the States;(c) registration of users of weights and measures which are subject to periodical verification;(d) regulation of manufacture, repair and sale of weights and measures;(e) regulation of packaged commodities sold or distributed in the course of intra-State trade or commerce;(f) regulation of sale of commodities sold by heaps; and(g) punishment for offences against the proposed legislation.Amendment Act 72 of 1986-Statement of Objects and Reasons.-The Standards of Weights and Measures (Enforcement) Act, 1985 provides for the enforcement of the standards established by or under the Standards of Weights and Measures Act, 1976. It is an important legislation designed to provide better protection to consumers by ensuring metrological accuracy in commercial transactions, industrial measurements and measurements needed for ensuring public and human safety. The Act at present does not confer any right on the aggrieved consumer or recognised consumer associations for filing complaints to be taken cognizance of by Courts. To promote voluntary consumer movement and to ensure involvement of consumers as well as recognised consumer associations in the enforcement of this Act, it is considered desirable to confer specific rights on the aggrieved consumer or recognised consumer associations for filing complaints for taking cognizance of such complaints by Courts. Accordingly, it is proposed to amend clause (a) of section 63 of the Act to confer rights on the aggrieved consumer or any recognised consumer association to file a complaint in Courts. It is also proposed to define "recognised consumer association" under the Act so as to mean a voluntary consumer association registered under the Companies Act, 1956 or under any other law for the time being in force.2. It is also observed that minimum penalties have not been provided for serious offences like manufacturing, sale, etc., of non-standard weights or measures, counterfeiting of seals or stamps, sale or delivery of commodities by non-standard weights or measures. It is proposed to make suitable amendments in sections 36, 37 and 38 of the Act so as to provide for minimum penalties to be awarded by Courts.[4th September, 1985]An Act to provide for the enforcement of the standards of weights and measures established by or under the Standards of Weights and Measures Act, 1976, and for matters connected therewith or incidental thereto.Be it enacted by Parliament in the Thirty-sixth Year of the Republic of India as follows:-| Received the assent of the President on 4-9-1985 and published in the Gazette of India, Ext., Pt. II, Section 1dated 4-9-1985. |