Weights & Measures Department, Government of Meghalaya

1. Short title and commencement: - (1) These Rules may be called the Meghalaya Standards of Weights & Measures (Enforcement) Rules, 1999.

(2) They shall come into force from the date of notification in the official Gazette.

2. Definition :- In these rules, unless the context otherwise requires, -

(a) ‘Act’ means the Standards of Weights & Measures (Enforcement) Act, 1985,

(b) ‘Reference Standards Laboratory’ means a laboratory set up by the Central Government under the Standard Act where Reference Standards and Secondary Standards are maintained; and

(d) ‘Standards Act’ means the Standards of Weights & Measures Act, 1976

(e) Words and expressions used in these rules and not defined but defined in the Act the Standards Act and the Rules made thereunder and the Standards Act shall have the meanings respectively assigned to them in the Act and Rules.

3. Reference Standards : - The Reference Standards shall be kept at such place, in such manner and in such custody as may be prescribed under the Standards Act.

4. Secondary Standards: - (1) Every Secondary Standard shall be verified at any of the Reference Standard Laboratories, in such manner and at such periodical intervals as may be prescribed under the Standards Act and shall, if found on such verification to conform to the standards established by or under that Act, be stamped by the Laboratory in charge of the Reference Standard Laboratory.

(2) The verified Secondary Standards shall be kept at such place, and in such custody as the Controller may direct.

5. Working standards :- (1) Every working standard shall be verified either at any of the Reference Standard Laboratories or at any of the places where secondary standards are maintained by the State Government in such manner and at such periodical intervals as may be prescribed under the Standards Act and shall, if found on such verification to conform to the standards established by or under that Act, be stamped as the case may be, by the Laboratory in charge of the

Reference Standard laboratory or by the Controller or such other officer as may be authorised by the Controller in this behalf.

(2) The verified working standards shall be kept in the custody of the Inspectors.

6. Secondary Standard balances :- (1) A set of secondary standard balances shall be maintained at every place where the secondary standard weights are kept.

(2) The number, types and specifications of such balances shall be such as may be prescribed

under the Standards Act.

(3) Every Secondary Standard balance shall be verified at least once in a period of (twenty four)

24 Months and shall be adjusted, if necessary to make it correct within the limit sensitivity and

other metrological qualities prescribed, under the Act, by the Laboratory in-charge of the

Reference Standard Laboratory or by the Controller or such other officer not below the rank of

Inspector Legal Metrology as may be authorized by the Controller in this behalf.

7. Working Standard balances :- (1) A set of working Standard balances shall be maintained at every

place where working standard weights are kept.

(2) The number, types and specifications of such balances shall be such as may be prescribed

under the Standards Act.

(3) Every Working Standard balance shall be verified at least once in a period of (twelve) 12

Months and shall be adjusted, if necessary to make it correct within the limits of sensitivity and

other metrological qualities prescribed, under the Standards Act, by the Laboratory in-charge

of the Reference Standard Laboratory or by the Controller or such other officer not below the

rank of Inspector Legal Metrology as may be authorized by the Controller in this behalf.

8. Physical characteristics, configuration, constructional details of weights & measures :- Every weight and measure used or intended to be used in any transaction or for industrial production or for protection shall conform as regards physical characteristics, configuration, constructional details, materials, performance, tolerances and such other details, to the specifications prescribed under the Act.

9. Use of bullion weights, carat weights etc :- (1) No weight other than a bullion weight shall be used in any transaction in bullion including precious metals, pearls and ornaments and other articles made of gold or silver.

(2) No weight other than a carat weight shall be used in any transaction in precious stones.

(3) No beam scale or weighing instrument other than a Class A or Class B beam scale or a non-automatic weighing instrument of high accuracy class (Class II) or special accuracy class (Class I) shall be used in any transaction referred to in sub-rules (1) and (2).

10. Use of Weights only or measures only or numbers only in certain cases :- Except in the cases

of commodities specified in Schedule I the declaration of quantity in every transaction, dealing

or contract, or for industrial production or for production or for protection shall be in terms of

the unit of – (a) weight, if the commodity is solid, semi-solid, viscous or a mixture of solid and

liquid ;

(b) Length, if the commodity is sold by linear measure ;

(d) volume, if the commodity is liquid or is sold by cubic measure,

(e) number, if the commodity is sold by number ;

11. Licensing of manufacturers, repairers and dealers of weights & measures :-

(1) Every manufacturer or repairer of, or dealer in, weights or measures shall make an

application for the issue of a licence to the Controller or such other officer as may be authorized by him in this behalf, in the appropriate form set out in Schedule II A.

(2) Every manufacturer or repairer or dealer in weight and measure shall make an application for the renewal of a license at least thirty days before the expiry of validity of the license to the Controller or such other officer as may be authorized by him in this behalf, in the appropriate form set out in Schedule II – ‘B’

(3) Every License issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule – III.

(4) Every Licence issued to a manufacturer, repairer or dealer shall be valid for a period of one calendar Year, and may be renewed for a period of five years by the Controller or such other officer as may be authorized by him in this behalf on paymentof five times the fee specified in Scheduled – IV.

(5) The fee payable for the licence referred to in sub-rule (1) and (2) shall be as Specified in

Schedule – IV.

Provided that an additional fee at the full rates specified in Scheduled – IV shall be payable by the applicant if he is permitted by the Controller to make the application for the renewal of a licence within a period of thirty days from the date of expiry of the period of validity of the license.

(5-A) The fee payable for the alteration of a licence or for the issue of a duplicate licence shall be as specified in Schedule IV – A.

(6) The Controller or such other officer as may be authorized by him in this behalf shall maintain a register of Licenced Manufacturers, dealers and repairers in the form set out in Schedule – V.

(7) Every repairer licensed under the Act and these rules shall (a) be required to maintain such equipment and tools, as the Controller may direct; and

(b) furnish to the State Government a security deposit for each licence as specified in Schedule – VI

(8) The Weights or Measures seized by the Controller or any other Officer as authorized by him in writing, in this behalf, under sub-section (5)of section 20 of the Act, shall be sold and proceeds thereto credited to the Government.

(9) Every licence to a manufacturer/repairer or dealer shall be issued by the Controller or any other officer authorized by him in this regard as per the norms and procedure prescribed.

12. Records to be maintained by manufacturers, etc – Every manufacturer or Repairer of, or dealer in Weights or measures licensed under the Act and these Rules shall maintain a register in the appropriate Form set out in Schedule VII.

13. Periodical interval for the Verification of weights or measures -

(1) Every weight or measure used or intended to be used in any transaction or for industrial production or for protection shall be verified

or re-verified and stamped at least once in twelve months. The re-verification and stamping shall be done in the same quarter of the next year:

Provided that storage tanks including vats, shall be re-verified or re-calibrated and stamped at

least once in a period of five years:

Provided further that weights including Bullion and carat weights shall be re-verified and

stamped once in a period of 24 months.

Provided further that the Beam Scale, Counter Machine and Liquid Capacity Measures

(dipping measures, pouring measures and conical measures) shall be verified and stamped

once in a period of twenty four months :

(2) Notwithstanding anything contained in sub-rule (1) every weight or measure which has been verified and stamped in-situ shall, if it is dismantled and re-installed before the date on which the verification falls due be duly re-verified and stamped on payment of the prescribed fee before being put into use.

(3) Notwithstanding anything contained in sub-rule (i) every weight or measure which has

been verified and stamped shall, if it is repaired before the date on which .the verification

falls due be duly re-verified and stamped on payment of the prescribed fee, before being put

into use.

14. Verification & Inspection of Weights or measure - (1) Every person using any weight or measure in any transaction or for industrial production or for protection shall present such weight or measure for verification or re-verification at the office of the Inspector or at such other place as the Inspector may specify in this behalf on or before the date on which the verification falls due :

Provided that where any weights or measure is such that it cannot, or should not be moved

from its location, the person using such Weight or measure shall report to the Inspector at

least thirty days in advance the date on which the verification falls due.

(2) Where any Weights or measure is such that it cannot, or should not, be moved from its

location, the Inspector shall take necessary steps for the Verification of such Weights or measures at the place of its location.

(3) For -the verification of weight or measure referred to in sub-rule (2), the user shall provide such facilities to the Inspector as may be specified by the Controller.

(4) Every weight or measure presented for verification shall be complete in itself and shall not bear manufacturers mark which might be mistaken for the Inspector's stamp.

(5) Every weight or measure shall be verified in a clean condition, and if necessary, the

Inspector sha11 require the owner or user to make necessary arrangement for the purpose.

(6) Where a weight or measure is brought to the Inspector for verification or re-verification, he may verify the same after receipt of the prescribed fee.

(7) An Inspector shall visit, as frequently as possible during the period-specified in sub-rule (1) of rule (13); every premises within the local limits of his jurisdiction to inspect and test any weight or measure which is being, or is intended or likely to be used in any transaction or for industrial production or for protection.

15. Stamping of weight or measure - (1) The Inspector shall stamp every Weights or measures, if after verification he is satisfied that such weight or measure conforms to the standards established by or under the Standards Act, with a stamp of uniform design, issued by the Controller which shall indicate the number allotted for administrative purposes to the Inspector by whom it is stamped.

Provided that if by reason of the size or nature of any weight or measure it is not desirable or practicable to put a stamp there on, the Inspector shall take such action as may be directed by the Controller, by a general or special order in writing.

(2) The Inspector shall also mark the year and its quarter of stamping on every verified weight or measure except when the size or nature of such weight or measure makes it impracticable.

Explanation :- The year shall be deemed to consist of four quarters of which first quarter shall be of the months of January, February and March, which shall be marked as ‘A’, second quarter shall be of the months of April, May and June, which shall be marked as ‘B’ third quarter shall be of the months of July, August and September which may be marked as ‘C’ and fourth quarter shall be of the months of October, November and December which shall be marked as ‘D’.

(3) On completion of verification and stamping the Inspector shall issue a Certificate of verification in the form set out in Schedule VIII.

(4) Where a certificate of verification is lost or destroyed, the holder of the certificate of verification shall forthwith apply to the Inspector who has issued the verification certificate, for the issue of a duplicate certificate of verification. Every such application for the issue of duplicate certificate shall be accompanied by a fee of Rupees Ten.

(5) On receipt of an application under sub-rule (4), the Inspector shall issue to the applicant a duplicate copy of the certificate of verification marked “DUPLICATE”

16. Fee for verification and stamping - (1) Fees payable for verification & stamping of weights or measure at the office or camp office of the Inspector shall be as specified in Schedule IX.

(2) If, at the request of the user of weights or measure, verification is done at any premises other than the office or camp office of the Inspector, an additional fee shall be charge at full rates specified in Schedule IX and the user of the weight or measure shall also pay the expenses incurred by the Inspector for visiting the premises including the cost of transporting and handling the working standard and other equipment subject to a minimum of Rupees One Hundred.

Provided that no additional fee shall be charged for verification and stamping in situ of –

(a) Vehicle Tanks, Dispensing pumps, Weigh-bridges, Dormant Platform machines, and such

other weights or measures which cannot and should not be moved from its location ;

(b) Weights and Measures in the premises of manufacturer or stockist of such weights

and measures.

(6) If a weight or measure is presented to the Inspector for re-verification after expiry of the

validity of the stamp, an additional fee at half the rates specified in Schedule IX shall be

payable for every quarter of the year or part thereof.

(7) Full fee shall be payable for re-stamping any weight or measures held in; stock with

manufacturer ,or dealer within the period specified in Rule 13 from the date on which it was last stamped provided that the original stamp

was not obliterated under sub section (3) and section 28 of the Act.

(5) A weight or measure which on verification is found to be in-correct shall be returned to the person concerned or adjustment informing him

in a proforma specified by the Controller, of the defects found in the weight or measure and calling upon him to remove the defects within

a period not exceeding seven days.

When the necessary adjustment has been carried out, such weight or measure shall be verified on payment of fifty percent of the fees specified in Schedule IX, failing which full fee shall be charged and if found correct shall be stamped.

(5-A) Fee for grant of copies of any document: Fee payable for the grant of certified

copies of any document by an Assistant Controller, not being a document of

confidential nature shall be one rupee for every 10 words or less.

17. Collection of fees and deposit into the Treasury : - ( 1) Before commencing the ,work of verification or re-verification, the Inspector shall inform the person concerned of the fees payable by him under these rules and shall receive the same in the manner as specified by the Controller and issue a receipt on the form approved by the Controller, one copy of such receipt being kept on record.

Provided that fees payable by a department of the Central or State Government under these rules may be realized in such manner as

may be directed by the Controller.

(2) The Inspector shall maintain a register, in the form approved by the Controller, which shall be written up from day to-day and shall show

the amount of fees and other charges collected during the day.

(3) All payments received by the Inspector during the week shall be paid into the Government Treasury under appropriate‘HEAD OF ACCOUNT’ on such dates or days as may be specified by the Controller from time to time, and a receipt thereof be obtained .and an intimation to that effect be sent to the Controller or other officer authorised by him in this behalf.

18. Disposal of seized weights, measures, etc. :- (1) Any weight or measure or document or thing seized and detained under section 30 or 31 of the Act, which is not to be the subject of proceedings in a court, shall after the expiry of sixty days of its seizure be so dealt with as the Controller may by general or special order direct and the materials thereof shall be sold and the proceeds credited to the Government;

Provided that the controller may direct that un-verified weight or measure shall be returned to the person from whom such weight or measure was seized if that person gets the same verified and stamped within seven days so the return, on payment of the prescribed fee including the additional fee payable for undertaking re-verification at the expiry of the validity of the stamp.

(2) Any weight or measure or document or thing or goods seized and detained under section

30 or 31 of the Act, which is to be the subject of proceedings in a Court, shall be produced by the Inspector before the Court and shall, after conclusion of the proceedings, be taken possession of by the Inspector and dealt with in accordance with the order of the Court.

Provided that in the absence of the order of the Court, weight or measure or

document or thing or goods shall be dealt with as the Controller may by special order direct.

(3) If any goods, seized under sections 30 or 31 of the Act, and subject to speedy or natural decay, the Inspector sha11 have the goods

weighed or measured on a verified weighing or measuring instrument available with him or near the place of offence and enter the actual

weight or measure of the good in a form specified by the Controller for this purpose and shall obtain the signature of the trader or his

agent or such other

person who has committed the offence. The goods in question shall be returned to the trader or the purchaser as the case may be :

Provided that if the trader or his agent or any other person (who has committed the offence) refuses to sign the form, the Inspector shall obtain the signature of not less than two persons present at the time of such refusal by the trader or his agent or other person. In the case of goods returned to the trader, he shall keep an undertaking that he shall not sell defective goods without rectifying the defects thereon.

(4) Where the goods seized under sub-section (I) of section 29 of the Standards Act are contained in a package and the package is false or does not conform to the provisions of the Act or any rule made there-under and the goods in such package are subject to speedy or natural decay, the Inspector so far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (3) :

Provided that the Controller shall be the final authority to decide whether the goods seized and detained are subject to speedy or natural decay.

(5) Where the goods seized under sub-section(1) of section 29 of the standards Act are not subject to speedy or natural decay, the Inspector may retain the package for the purpose of prosecution under this Act after giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure.

(6) In case of goods returned under sub-rule (4) the person concerned shall give an undertaking that he will not dispose of the defective goods without verifying the defects therein.

(7) The goods referred under sub-rule (4) which are not to be the subject of proceedings in

a Court be so dealt with as prescribed below :-

The goods referred to under sub-rule (4) which are not to be the subject of proceedings in a Court, shall after the expiry of sixty days of its seizure, be so dealt with as the Controller may by special order direct.

19. Qualifications of the Inspectors:- (1) No person shall be appointed as Inspector unless he :-

(a) is a graduate of recognized University in Science (with physics as one of the subjects), technology or engineering or holds a recognised diploma in engineering : and

(b) is able to speak, read and write at least one of the regional languages of the State.

(2) Nothing in sub-rule (1) shall apply to persons who have been working as Inspectors or are eligible for promotion as Inspectors

before the commencement of these rules.

(3) The Person appointed to the post of Inspector shall have to successfully complete the Basic Training Course at the Indian Institute of Legal Metrology established by the Central Government under section 76 of the standards Act before he is considered for confirmation to the post.

20. Provisions of working standards, equipments etc. to the Inspector :- (1) Every Inspector shall be provided with working standards, working standards balances and such other equipments including weighing and measuring devices as may be approved by the Controller from time to time.

(2) Every Inspector shall be provided with such dies, punches and such other equipments as

may be necessary for affixing the verification stamps the design and number of which are to be approved by the Controller.

(3) Every Inspector shall be provided with punches of suitable sizes of eight - pointed star as

shown below for obliterating stamps.

21 Provisions relating to use of weights, measures etc :- (1) Every person using a beam scale in

any transactions in his premises shall suspend the same to a stand or to a chain by a hook:

Provided that this sub-rule shall not apply to itinerant vendors.

(2) Every weight or measure shall be used in a clean condition and in proper lighting arrangement.

(3) Any weight or measure which has been verified and atamped in situ shall not be dismantled and removed from its original site without

prior intimation to the Controller or other person authorised by him in this behalf.

(4) To ensure a proper check of the accuracy of a weighing instrument the user shall keep at the side of each weighing instrument duly verified and stamped weights equal to one – tent of the capacity of the instrument or one tonne whichever is less :

Provided that the Controller may specify the total number of verified and stamped weights to

be maintained in trade premises where the number of weighing instruments is more than one.

(5) To ensure proper delivery of the petrol/diesel pumps, the retail dealer of the pump shall keep a verified five litre capacity measures in his premises and check the output from the pump every day to ensure its correct delivery. In case of any short delivery the dealer shall stop the delivery through the pump immediately and inform the Inspector/ authorised officer to recalibrate the pump.

22. Certificate of verification to be exhibited :- The person to whom the certificate of verification

is issued shall exhibit the same in a conspicuous place in the premises where the weights,

measures or weighing or measuring instrument to which the certificate relates are used :

Provided that in the case of itinerant vendor, the certificate shall be kept on his person ;

Provided further that in the case of vehicle tank, the certificate of verification shall be kept

with the vehicle.

23. Penalty for contravention of rules :- Whoever contravenes any provision of these rules, for

contravention of which no punishment has been separately provided in the Act, shall be

punished with fine which may extend to one thousand rupees.

24. Form of appeal :- (1) Every appeal under the Act and these rules shall be preferred in the

Form in Schedule X, and shall be accompanied by a copy of the orders appealed against.

(2) A Court fee of rupees two shall be affixed on the appeal petition.