amendments to the standards of weights and measures act, 1976

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Wednesday, February 02, 2005

The Union Cabinet today approved the proposal to introduce a Bill, viz., the Standards of Weights and Measures (Amendment) Bill, 2005 in the ensuing session of the Parliament to make amendments in various provisions of the Standards of Weights and Measures Act, 1976.

The Standards of Weights and Measures Act, 1976 provides for the establishment of the standards of weights and measures, regulation of inter-State trade or commerce in weights, measures and other goods which are sold or distributed by weight, measure or number, and related matters. The changes in technology, measurement techniques and measuring instruments have necessitated amendments to the Act. The present amendments have been proposed in order to provide for better protection of the interest of consumers, remove obsolete provisions and incorporate the latest technological developments in the field. The amendment would provide transparency in implementation, accountability and ensure credibility in measurement done in the laboratories of Weights and Measures.

A new chapter has been introduced in the Act to provide for recognition and regulation of `Special Verification Agents’ for the verification of specified weighing or measuring instruments. This is to facilitate optimum utilization of available testing facilities in the non-governmental sector for regulation of sophisticated weighing and measuring instruments against the existing legal provisions requiring verfication by State enforcement agencies only. Provision has also been made for multiple sealing of measuring instruments so that their fraudulent use is minimized.

The other provisions include:

Re-verification period of weight or measure, which was under the State Enforcement Rules are to be prescribed under the Central Act, to ensure uniformity in implementation.

It is proposed to permit manufacturers to inscribe the non-metric units in addition to metric units on certain measuring instruments, for information of consumers. This would lead to smooth transition from non-metric units.

Provision relating to inter-state trade is being omitted so as to simplify the procedure of verification and stamping of Weights and Measures.

Provision has been made to require every big retail shop to keep electronic weighing machines of prescribed capacity to enable consumers to weigh their purchased products for cross checking.

Provision for prescribing the use of only specified type of weight or measures in certain type of trade or transaction is being introduced. This would enable use of only user friendly machines in commercial transaction.

Provision has been made to enable a company to nominate a person who could be held responsible for implementation of the provisions of the Act and Rules. At present all Directors of the Company are liable for any violation under the Act and all of them are required to appear in person before the Court/Adjudicating authorities.

Provision has been made for the establishment of Regional Reference Standards Laboratories by the Central Government for the verification of standards of weights and measures in various regions of the country. This would provide high quality testing facilities at reasonable cost which could be used by the States and industries in the respective regions.

Penalties for various offences under the Act are being updated.

Provision to enable the Central government to conduct survey or collect statistics in respect of implementation of standards of weights, measures or numeration is being introduced.

The scope of the appeal provision has been widened. At present, provision of appeal is limited only to orders issued under two sections namely, section 30 and section 36 of the Act.

Maximum fee prescribed for various services provided under the Act is being revised to make the rates commensurate with the services. The existing fees were fixed 25 years ago.

SBK:CP:weight&measures2.2.2005

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