Amendment status not verified — confirm the current text below against the official source.
2- For enforcement of different provisions of this Act see notification nos. WMA-1/XXIX-A- 524-58, dated March 11, 1960, WMA-2/XXIX-A-524-58, dated March 11, 1960, WMA- 3/XXIX-A-524-58, dated March 11, 1960, WMA-4/XXIX-A-524-58, dated March 11, 1960, UPWM-1316/XXIX-A-524-58, UPWM-1(3)-7/XXIX-A-524-58, UPWM-1(3)-8/ XXIX-A- 524-58, UPWM-1(3)-9/XXIX-A-524-58, UPWM-1(3)-10/XXIX-A-524-58, UPWM-1(3)- 14/XXIX-A-524-58, UPWM-1(3)-12/XXIX-A-524-58, UPWM-1(3)-14/ XXIX-A-524-58, UPWM-1(3)-14/XXIX-A-524-58, dated June 4, 1960, UPWM-1(3)-17/XXIX-A-524-58, UPWM-1(3)-18/XXIX-A-524-58, UPWM-1(3)-19/XXIX-A-524-58, UPWM-1(3)-20/XXIX- A-524-58, UPWM-1(3)-21/XXIX-A-524-58, dated August 29, 1960, UPWM-8-23/XXIX-D- 529-60, dated December 13, 1960, UPWM-1(3)-25-850/XXIX-D-524-58, dated March 17, 1961, UPWM-1(3)-27-2400/XXIX-D-524-58, dated August 19, 1961, UPWM-10-29-WM- 2538/XXIX-D-524-58, dated September 14, 1961, UPWM-1(3)-30-2904/XXIX-D-524-58, dated October 21, 1961, UPWM-1(3)-3018/XXIX-D-596-60, dated October 21, 1961, UPWM-1(3)-3018/XXIX-D-596-60, dated October 31, 1961, UPWM-1(3)-163/XXIX-D- 524-58, dated February 7, 1962, UPWM-1(3)-32-888/ XXIX-D-524-58, dated May 17, 1962, UPWM-40(33)-WM-1411/XXIX-D-9. WM-62, dated September 27, 1962, UPWM-1(3)-34- 1937/XXIX-D-481-56, UPWM-1(3)-35-2411/ XXIX-D-481-56, dated December 19, 1962, UPWM-1(3)-37-446/XXIX-D-524-58, dated July 27, 1963 of U.P. Bat and Map (Prachalan) (Sansodhan) Adhiniyam, 1962 (U.P. Act No. 1 of 1963), UPWM-8-3873/XXIX-D-20-58-66, dated August 4, 1966, UPWM-1(3)-389/XXIX-D-54-WM-64, dated February 18, 1967. 171 [The Uttar Pradesh weights and Measures (Enforcement) Act, 1959] [Section 2] Definitions 2- In this Act, unless the context otherwise requires- (a) "Central Government" means Central Government, as defined in section 3 (8) of the General Clauses Act, 1897, Act X of 1897 ; (b) "Commercial weight or measure" means a weight or measure purporting to be a standard weight or measure used in any transaction for trade or commerce; (c) "Controller" means the Controller of 'Weights and Measure" appointed under section 14, and shall include Deputy Controller or Assistant Controller ; (d) "Inspector" means an Inspector of Weights and Measures, appointed under section l4; [(e) "measuring instrument" means any measuring instrument other than a weighing instrument and includes any instrument for determining the length, area, volume, capacity, quality, temperature or density of any article;]1 [(f) "Mint" has the same meaning as in the Indian Coinage Act, 1906;]2 (g) "Prescribed" means prescribed by rules made under this Act; (h) "Standard weight or measure" means any unit of mass or measure referred to in sub-section (1) of section 13 of the standards of weights and Measures Act, 1956, (and includes any other weight measure permitted to be used by the central Government in pursuance of sub-section (1) of section 14 of the aforesaid Act; (i) "Reference standards" means the sets of standard weights and measures supplied to the State Government by the central Government in pursuance of sub-section (2) of section 15 of the standards of Weights and Measures Act, 1956 (Act 89 of 1956); [(ii) "sealed package of container", means a closed packet, beetle, casket, tin, barrel, case, receptacle, bag, sack, wrapper or the thing in when any article is placed or packed and which is intendment to be sold with its contents without any weighment or measurement of such contents at the time of sale;]3 (j) “Stamping” means marking in such manner as to be to far as practicable, indelible and includes casting, engraving, etching and branding ; [(jj) “use in transactions for trade or commerce”, with its grammatical variations and cognate expressions, means use for the purpose of determining or determining or declaring the quantity of anything in terms of measurement of length, area, volume, capacity or weight in or in connection with— (a) any contract, whether by way of sale, purchase, ex-change of otherwise; or (b) any assessment of royalty, toll, duty or other dues or 1- Subs. by 8. 2 (a) of U.P. Act XV of 1966. 2- Subs. by 8 2 (b) ibid. 3- Ins. by 8. 2 © ibid. 172 [The Uttar Pradesh weights and Measures (Enforcement) Act, 1959] [Section 3-4] (c) the assessment of work done or services rendered, otherwise than in relation to research or scientific studies or in individual house-hold purposes;]4 (k) "Verification" with its grammatical variations used with reference to a weight or measure or weighing or measuring instrument, includes the process of comparing, checking or testing such weight or measure or weighing or measuring instrument and also includes re-verification ; (1) "Weighing instrument" means any instrument for weighing and includes scales with the weights belonging thereto, scale-beams, balances, spring balances [steelyards]1 and other weighing machines. CHAPTER II STANDARD WEIGHTS AND MEASURES Working standards 3- (1) For the purpose of verifying the correctness of commercial weights and measures and weighing and measuring instruments used in transactions for trade or commerce, the State Government may cause to be prepared as many sets of authenticated standard weights and measures, as it may deem necessary, to be called "the working standards" [***]2 (2) The working standards shall be made of such material and according to such designs and specification and shall be prepared by such agency and shall be stamped and authenticated by such person or authority and in such manner as may be prescribed. (3) The working standards shall be kept at such places, in such custody and in such manner as may be prescribed. (4) A working standard shall be verified with the secondary standard and marked by such persons, at such places at such intervals and in such manner as maybe prescribed. [***]3 (5) A working standard which is not so verified and marked within the prescribed period shall not be deemed legal or be used for the purposes of this Act. (6) A working standard which has become defective shall not be deemed legal or be used for the purposes of this Act, until has been verified and marked in the prescribed manner. Secondary standards 4- (1) For the Purpose of verifying the correctness of the working standards, the State Government may cause to be prepared at the mint as many sets of authenticated standard weights and measures as it may deem necessary, to be called the secondary standard. (2) The secondary standard shall be made of such material and according to such designs and specifications as may be prescribed and shall be-stamped and authenticated by such person or authority as the Central Government may direct. 1- Subs by section 2 (ii) of U.P. Act 1 of 1963. 2- The words omitted by s. 3 ibid. 3- The proviso omitted by s. 3. (b), ibid. 4- Subs. section 2(d) Act no. 15 of 1966. 173 [The Uttar Pradesh weights and Measures (Enforcement) Act, 1959] [Section 5-8] (3) The secondary standards shall be kept at such places, in such custody and in such manner as may be prescribed. (4) A secondary standard shall be verified/with the reference standard at least once in every period of five years and shall be marked with the date of verification in the prescribed manner by such person or authority as the State Government may direct. (5) A secondary standard which is not so verified and marked within the aforesaid period shall not be deemed legal and shall not be used for the purposes of this Act. Reference standards 5- The reference standards shall be kept at such places, in such custody and in such manner as the State Government may direct. Standard weighing and measuring instruments 6- (1) For the purpose of verifying the correctness of commercial weights and measures and of weighing and measuring instruments used in transactions for trade or commerce, the State Government may cause to be prepared as many sets of weighing and measuring instruments as it may deem necessary. (2) Such instruments shall be of such kind, kept in such number and shall be verified and stamped in such manner as may be prescribed. (3) Such instruments shall be kept at all places where secondary standard or working standards are kept. Prohibition of use of weights and measures other than standard weights and measures 7- [(1) Notwithstanding anything contained in any other law or any custom, usage or practice, no unit of mass or measure other than a standard weight or measure shall after the expiry of three months from the commencement of this section be used in any transaction for trade or commerce in any area or class of goods or under takings in respect of which this section has come into force or be kept in any premises where such transactions are usually carried on. (2) Any transaction entered into in contravention of the provisions of sub- section (1) shall be void.]1 (3) Any custom, usage, practice or method of whatsoever nature which permits in any trade a trader, seller or buyer to demand, receive or cause to be demanded or received any quantity of article in excess of, or less than the quantity fixed by the weight or measure by which the contract or dealing in respect of the said article has been made, shall be void. Power to prescribe the use of weights only or measures only in certain cases 8- (1) Notwithstanding anything contained in this Act the State Government may, by notification in the official Gazette direct that in any specified trade or class of trades no [transaction for trade or commerce]2 shall be made or had except by weight, or measure, as the case may be. (2) A notification issued under this section shall take effect in such area, with effect from such date, and subject to such conditions, if any, as may be specified therein.