Amended up to 28.9.1999
MINISTRY OF FOOD AND CIVIL SUPPLIES
(Department of Civil Supplies)
New Delhi, the 2nd December, 1987
G.S.R. 945 (E). - In exercise of the powers conferred by Section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules, namely :-
1. Short title and commencement -
(1) These rules may be called the Standards of Weights and Measures (Inter-State Verification and Stamping) Rules, 1987.
(2)They shall come into force on the date of their publication in the Official Gazette.
2. Definitions - In these rules, unless the context otherwise requires, -
(a) “Act” means the Standards of Weights and Measures Act, 1976 (60 of 1976);
(b) “Section” means a section of the Act;
(c) “Mint” means the Government of India Mint at Bombay;
(d) “Schedule” means a schedule annexed to these rules.
3. Classification of Weights and Measures –
(1) The classes of weights or measures specified in the First Schedule shall be deemed to fall within the first category as referred to in clause (a) of sub-section (1) of section 41 and weights or measures of all other classes shall be deemed to fall within the second category as referred to in clause (b) of that sub-section.
*(2) A review of the items specified in the First Schedule shall be made on the expiry of every two years from the commencement of these rules and on such review, such changes, as may be necessary, shall be made in the said schedule.
4. Classification of tank-lorries, tank-wagons or other containers used for the transport of commodities to be sold, delivered or distributed in the course of inter state, trade or commerce. Every tank-lorry, wagon or other container, used as a measure or measuring instrument for the transport of any commodity which is to be sold during the course of inter state trade or commerce, shall be deemed to fall within the first category and its capacity shall be calibrated and authenticated by the special seal--
(a) in the case of a tank-lorry, in the state in which such tank-lorry is registered under the Motor Vehicles Act 1939;
(b) in the case of a tank-wagon or other container, not being a tank-lorry, in the State in which such wagon or other container is manufactured;
(c) in the case of any imported tank wagon or other container, not being a tank-lorry, the state in which the import has been made.
* Provided that in a State where such calibration facility is not available, the Controller of that State may permit calibration of the tank vehicles in other States, where such facility is available;
5. Special Seal-
(1) The special seal referred to in sub-section (3) of section 41 shall be such size and dimensions and shall contain such particulars as are specified in the Second Schedule, and different sizes of special seals may be specified for the stamping of different classes of weights or measures. (2) The special seal shall be manufactured at the Mint at Bombay.
(2) The cost of the special seal shall be borne by the State Government to which such seal is supplied.
*2(A) The special seal also contain a code number for each State as given in the Second Schedule.
(3) The seals as specified in the Second Schedule shall not be used for any purpose
other than verification of weights and measures sent from one state to another.
6. Fees for Stamping –
(1) The fee for the verification of any weight or measure of the first category and stamping of the weight or measure with the special seal shall be levied by the Government of the transfer or State at the rate leviable in that State for verification and stamping of the same or similar weight or measure plus an additional fee of twenty five per cent of the fee aforesaid.
(2) The fee for the verification of any weight or measure of the second category and stamping thereof shall be levied by the Government of the transferee State at the rate leviable in that State for the verification and stamping of the same or similar weight or measure plus an additional fee of twenty five per cent of the fee aforesaid.
(3) The Director shall determine the fee for the verification and stamping of any weight or measure in relation to which no fee has been specified by the Government of the concerned State.
* 7. verification and stamping (How to be made).-
(1) The verification and stamping of any weight or measure of the first category or of the second category shall be made in accordance with the provisions of the Standards of Weights and Measures (General) Rules, 1987.
(2) A State may authorize any or all the Inspectors who fulfil the essential qualification specified for the Inspector of weights and measure under the standards of Weights and Measure (Enforcement) Rules of the States/Union Territories, as amended from time to time, for carrying out the verification of weight or measure using the special seal.
(3) Enforcement authorities in the transferee State may make a sample checking of weight or measure of the first category and in case any defect of the following type is noticed, shall inform the Controller of the transferor State for initiating actions, including penal actions against the authorities.
(i) Broken Weights
(ii) Weights with blow holes
(iii) Broken capacity measures
(iv) Leaking capacity measures
(v) Leaking water meters
The weight or measure shall then be re-verified or rejected as specified in section 42 of the Standards of Weights and Measures Act, 1976.
(4) Every manufacturer of weight or measure of the category mentioned under the First Schedule shall maintain a register indicating the quantity of weight or measure verified with the special seal and also mention the name of the dealer/user to whom it has been supplied. The register shall be subject to inspection by the Director, Legal Metrology or authorized person. The statement shall also contain the name and identification of the Inspector who has verified and affixed the special seal.
(5) Every manufacturer shall send, along with the consignment mentioned in the First Schedule, a statement indicating the quantity of weight or measure being sent, with the dealer’s/User’s name and address, to whom it has been sent. The dealer/user shall keep this record for inspection and also maintain a register of receipt and sale of such weight or measure on monthly basis, which is subject to inspection by enforcement officials.
(6) The verifying authorities in the transferee State shall examine the record maintained by the Dealers in respect of weight or measure of the First category and in case of discrepancy, shall indicate the details to the Controller in the transferor State. He in turn may verify the details of the Statement made by the manufacturer in his State and take action accordingly. The Controller in the transferor State may also initiate similar action on the basis of records available with him.
7) On cross checking of the statistics and accounts referred in sub-rule (6) above and if it is established that a fraudulent discrepancy is found, suitable action may be taken against the concerned enforcement officials and penal action initiated against the manufacturer or dealer or both including suspension of his license after giving him an opportunity of being heard.
(8) In case of any doubt on the correctness of any weight or measure received from a transferor State, any Dealer/User may in the transferee State may request the Inspector in the transferee State to re-verify such weight or measure as the case may be, on payment of the specified fee and upon such request the Inspector shall do so.
8. Returns –
(1) The periodical returns referred to in section 46 shall be submitted once in every three months with thirty days from the last date of such third month in the form specified in the Third Schedule.
(2) Separate periodical returns shall be submitted for each category of weight or measure.
THE FIRST SCHEDULE
(See rule –3)
CLASSES OF WEIGHTS OR MEASURES FALLING
WITHIN THE FIRST CATEGORY
(Weights and Measures which are not required to be dismantled before dispatch and which are not likely to lose their accuracy by reason of transport from the State to another)
1. Baby weighing machines.
2. Bath room scales and person weighing machine except those which are required to be dismantled before despatch.
3. Beam scales class C and D.
4. Capacity measures of denominations not exceeding fifty litres.
5. Kitchen scales.
6. Length measures of all types.
7. Sphygmomanometers (Blood pressure equipment).
8. Tank lorries, tank wagons and other containers.
9. Clinical thermometers.
10. Volumetric measures such as dispensing measures and liquor measures.
11. Water meters
12. Weights of all denominations.
* 13. Non-automatic weighing instruments of digital type belonging to Ordinary accuracy (class IV) having maximum capacity up to and including 50 kilogram.
* 14. Spring balance of dial type.
* SECOND SCHEDULE
THE THIRD SCHEDULE
(See rule 8)
FORM FOR PERIODICAL RETURNS
FORM OR RETURN TO BE SUBMITTED BY THE MANUFACTURER OF WEIGHTS MEASURES DEALING IN INTER STATE TRADE
(See Section 46 of the Act)
Name of the manufacturer:
Address: License No. & Date:
Trade mark: Category:
Date of Description of Quantity Name & address Invoice No. Remarks, if any
Dispatch weights or of person to & Date
measure whom the
dispatch is made
1. The Controller of Legal Metrology, Govt. of ……………
(Name of Transferor State).
2. The Controller of Legal Metrology Govt. of …………..
(Name of Transferee State).