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The Assam Gazette Extr Aordina Ry, Dated the 21St December, 1964] an Act Further to Amend the Assam Weights and Measures (Enforcement) Act, 1958

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The Assam Gazette Extr Aordina Ry, Dated the 21St December, 1964] an Act Further to Amend the Assam Weights and Measures (Enforcement) Act, 1958 d .w Registered No. A —12, Th e Assam Gaz ette W H qJR EXTRAORDINARY PUBLISHED BY AUTHORITY No.67 Shillo ng, Monday, Dee. 21, 1864, 38th Ag rahayana, 1886 S.E, GOVERNMENT OF ASSAM ORDERS BY THE GOVERNOR LAW DEPARTMENT NOTI FICATI ON The 19th December 1964 No.LJL. 12/62/5. —Th e following Act of the Assam Legislative Assembly which received the assent of the Governor is hereby published for general information. (Received the assent o f the Governor on the 19th December, 1964) ASSAM ACT XXVII OF 1964 THE ASSAM WEIGH TS AND ME AS UR ES (ENF OR CE MEN T) (AM ENDM ENT) ACT, 1964. [Published in the Assam Gazette Extr aordina ry, dated the 21st December, 1964] An Act further to amend the Assam Weights and Measures (Enforcement) Act, 1958. Preamb le Whereas it is expedient fur the r to amend the Assam Act Assam Weights and Measures (Enforcement) Act, ot 1958, hereinafte r called the principa l Act, in the man- 195 9’ ner hereinafter ap pe ar in g: It is hereby enacted in the Fifteenth Yea r of the Republic of In dia as follows Short title, 1 .( 1 ) This Act may be called the Assam Weights extent and a n j Measures (Enforceme nt) (Am endment) Act, m ^ b 'nC e‘ 1 9 6 4 > 406 TH E ASSAM GA ZETTE, EX TR AO RD INAR Y, DEG. 2 l, 1964 (2) It shall have the like extent as the princi­ pal Act. (3) It shall come into force at once. o^Tection'a* 2. In section 2 of the princ ipa l Act, after of Assam clause (k), the following shall be inserted a3 clauses (1) Ac t X IX o f and (m ), namely 1959. “ (1) ‘Sealed package or conta ine r’ means a closed pack age, bottle, casket, tin , barrel, case, receptac le, bag, sack, wrapper or oth er thing in which any article is placed or packed and which is intended to be sold with its contents, without any weighment or measurement of such contents at the time of sale ; (m) ‘Use in transactio n for tra de or comm erce’ means use for the purp ose of determ inin g or declaring the quantity o f any thing in terms of measurement of length, area, volume, capacity or weight in or in connection w it h:— (a) any contract , wheth er by way of sale, pu r­ chase, exchange or otherwise ; or (b) any assessment of royalty, toll, duty or other dues ; or (c) the assessment of any work done or services rendered, otherwise than in relatio n to research or scientific studies or in ind ividual house-holds for house-hold purposes.” Am endm ent 3. In section S of the prin cipal Act,- of section 3 o f Assam Ac t X IX of 1959. (l) in sub-section (1), for the punctuat ion comma occurring between the words “ standa rds” and “ and special” the pun ctuation fullstop shall j be substituted and thereafter the words “and special sets of working stan dards in relation to bullion including precious stones” shall be deleted ; (2) the proviso to sub-section (4) shall be deleted. TH E ASSAM GA ZETT E, EX TR AO RD INAR Y, DEG. 21, 1964 40? Amendment 4 . In ' section 7 of the principa l Act, for sub- n \ SCf a°B 7 scct‘on (1)» following shall be sub stitute d, Act x ix name ly:— of 1959. “ (1) Notwithstan ding anyth ing conta ine d in any other law or any custom, usage or pra ctice, no unit of mass or measure other than the sta nd ard weights or measures shall be used in any tran saction s for trade or commerce in any are a or class of goods or und ertakings in respect of which this Act has come into force or be kep t in any premises where such transactions are usually con ducted.” Substitution 5. For section 14, the following shall be sub- of section 14 stitute d, na mely:— of Aisam Act X IX of 1959. “ Marking 14. No person shall, offer for sale, expose for mcasurct on s a ^e ’ o r Eave in his possession for sale, any article con- sealed con- tained in a sealed package or conta ine r unless such tainers. package or container bears thereon, or on a label securely attached the ret o, a description of the net weight or m easure of the article contain ed therein : Provided th at the provisions of this section shall not app ly to— .(») any sealed package or con tain er— (a) of net weight o f less tha n one hundred and twenty grammes, if the sealed package or container contains biscuits, confec­ tionery or sweets ; a nd (b) of net weight of less than sixty grammes, if the sealed package or c ontainer con­ tains any o ther foodstuff ; (ii) any other article sold, offered for sale, exposed for sale, or in possession for sale which is not ordinarily sold in transactions for tra de or commerce by w eight or measure s _ Provided fur the r that the State Governmen t may, if it is satisfied th at the size of any class of such • packages or contain ers renders it impractic able to comply with the provisions of this section by notifica- *;on in the official Gazette, exempt such class from the operation of this section.” 408 THE ASSAM GAZETTE, EXTR AORD INA RY, DEC. 2 1 U 964 A Insertion of 6. After section 14 of the princi pal Act, the inCtl°Assam lo w in g shall be inserted as section 14A, nam ely:— Act X IX oi 1959. “ P r o hi- 14A. No person shall, in any transaction for trade b i t i o n of or commerce, quote the p rice, or express the quantity , q u o 11 n g p y tide otherwise than in terms of the standard price , or ex- o .a n, \ a i »> p t e s . i n g w e i Sh t o r measure, quantity, of an y article other w i s e th a n in t e r m s of sta n d a r d weight or measure. Amendment 7. For sub-section (5) of section 17 of the principal !e c ti o of (S) “ Act, following shall be substituted, namely; — Assam A c t XIX of lq59. “ (5) Where an Inspector has reason to believe th at a sealed package or con tain er of an article does not actu ally con tain the net weight or measure of the article which it pur­ ports to contain, the Inspecto r may break open the sealed package or container and verify its contents, and (i) if, on such verification, the n et weight or measure of the article is found to be cor­ rect, the Inspecto r shall tender the fair price ther eof and may require a writte n acknowledgment therefor ; (ii) if, on the other hand, the net weight or measure of the article is found on such verification to be incorrect, the Inspecto r may seize th e package or c ontainer an d the article con tain ed the rei n, after tendering the fair price thereof where the seizure is ma de from any person oth er than the manufacturer, and may file a complaint against the manufacturer for contraven­ tio n of the provisions of section 14.” Substitu- 8. For section 21 of the prin cipal Act, the following tion of sec- h n b substituted, namely :— t io n 21 B a e of Assam Act XIX o f 1959. “ Levy of 21 . Th e State Governmen t may charge such fees fees. for the grant of licences under section 13, for ma nufacture, rep air or sale of weights and measures and weighing and measuring instruments r * f/»- I HE ASSAM GAZ ETTE, EX TR AOR DIN AR Y, DEG . 21, 1964 409 and also for the verification, marking, stam ping and adjustment of weights and measures and weighing and measuring instru­ ments as may be prescribed.” men* "of In section 23 of the principal Act, betw een the section 23 of words “ standard weights or measures” an d “shall” Assam Act the words “or whoever after the commencement of X I5 o f L- O the Assam Weights and Measures (Enforcement) (Amendment) Act, 1964 keeps any unit or mass or measure Gther than the standard weights or measures in any premises where such transactions are usually con duc ted” shall be inserted. Insertion of 10. After section 28 of the pri ncipa l Act, the section 28A following shall be inse rted as section 28A, na mely:— in Assam Act XIX of 1959. “ Penalty for 28A, Whoever contravenes th e provisions of sec­ quo ting pri­ ces or expres­ tion 14A shall be pun ishable with fine w hich sing quan­ may exte nd to one thousand rupees.” tities other­ wise than in terms of sta n d a r d weight or measure. Substitutioa - II. For section 32 of the prin cipal Act, the °e ^ c t l 0 n ^'TrorroiVtng--ebaU.-be--«iI)5t5ijjted.. nam ely ; — of Assam Act X IX of 1959. “ Penalty for 32. Whoever— delivering or (i) in selling any article by weight or measure receiving any quan tity of delivers or causes to be delivere d to the artic le less purchaser any qu an tity of th at article tha n, or in less th an , or excess of the qua ntity fix­ (ii) in buy ing any article by weight or ed by the weight or measure dema nds or receives or causes to be measure in dem and ed or received from the vendor th e c o si- any qu an tity of th at article in excess tract.
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