The Assam Weights and Measures (Enforcement) (Amendment) Act, 1964
Registered No. A —12,

### The Assam Gazette

W H qJR

#### EXTRAORDINARY

###### PUBLISHED BY AUTHORITY

**No.67 Shillong, Monday, Dee. 21, 1864, 38th Agrahayana, 1886 S.E,**

###### GOVERNMENT OF ASSAM

 ORDERS BY THE GOVERNOR
 LAW DEPARTMENT

NOTIFICATION

The 19th December 1964

###### No.LJL. 12/62/5. —The following Act of the Assam Legislative Assembly

which received the assent of the Governor is hereby published for general
###### information.
 (Received the assent of the Governor on the 19th December, 1964)

 ASSAM ACT XXVII OF 1964

 THE ASSAM WEIGH TS AND ME ASURES (ENFOR CEMENT)

(AM ENDM ENT) ACT, 1964.

[Published in the _Assam Gazette Extraordinary, dated the 21st_

December, 1964]

###### An Act
 further to amend the Assam Weights and Measures (Enforcement)
 Act, 1958.

Preamble Whereas it is expedient furthe r to amend the Assam Act

Assam Weights and Measures (Enforcement) Act, ot

1958, hereinafter called the principal Act, in the man- 195 9’

ner hereinafter ap pe aring:

It is hereby enacted in the Fifteenth Year of the

Republic of India as follows

Short title, 1 .(1 ) This Act may be called the Assam Weights

extent and a n j Measures (Enforcement) (Am endment) Act,

m ^ b '[nCe]‘ 1 9 6 4 >


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406 TH E ASSAM GA ZETTE, EX TRAO RD INAR Y, DEG. 2l, 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 principal Act, after

of Assam clause (k), the following shall be inserted a3 clauses (1)

Act X IX of and (m ), namely

1959.

“ (1) ‘Sealed package or conta ine r’ means a

closed package, bottle, casket, tin, barrel,
case, receptacle, bag, sack, wrapper or
other 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 transaction for tra de or commerce’

means use for the purpose of determining
or declaring the quantity o f any thing in
terms of measurement of length, area,

volume, capacity or weight in or in

connection w ith:—

(a) any contract, whether by way of sale, pur­

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 relation to
research or scientific studies or in

individual house-holds for house-hold

purposes.”

Am endment 3. In section S of the principal Act,-

of section
3 of Assam
Act X IX of

1959.

(l) in sub-section (1), for the punctuation

comma occurring between the words “ standards” and
“and special” the punctuation fullstop shall j be

substituted and thereafter the words “and special sets
of working standards in relation to bullion including
precious stones” shall be deleted ;

(2) the proviso to sub-section (4) shall

be deleted.


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THE ASSAM GA ZETTE, EX TRAO RD INAR Y, DEG. 21, 1964 40?

**Amendment** **4.** In ' section 7 of the principal Act, for sub-

n \ [SC]f a°B 7 scct‘on (1)» following shall be substituted,

**Act** x ix name ly:—

**of 1959.**

“ (1) Notwithstanding anyth ing contained in any

other law or any custom, usage or

practice, no unit of mass or measure other

than the sta ndard weights or measures
shall be used in any transactions for trade
or commerce in any are a or class of goods
or undertakings in respect of which this
Act has come into force or be kept in any
premises where such transactions are usually
conducted.”

**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

mcasurc[t] on [s a] ^e ’ o r Eave in his possession for sale, any article con-

**sealed con-** tained in a sealed package or container unless such
tainers. package or container bears thereon, or on a label

securely attached thereto, a description of the net
weight or measure of the article contained therein :

Provided that the provisions of this section shall

not apply to—

.(») any sealed package or container—

(a) of net weight of less tha n one hundred and

twenty grammes, if the sealed package
or container contains biscuits, confec­
tionery or sweets ; and

(b) of net weight of less than sixty grammes,

if the sealed package or container con­
tains any other 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 trade or
commerce by weight or measure s

_ Provided furthe r that the State Government may,

if it is satisfied that the size of any class of such

                - packages or containers renders it impracticable to

comply with the provisions of this section by notifica-
*;on in the official Gazette, exempt such class from the

operation of this section.”


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408 THE ASSAM GAZETTE, EXTR AORD INARY, DEC. 21U 964 A

Insertion of 6. After section 14 of the principal Act, the

inCtl°Assam lo w in g shall be inserted as section 14A, nam ely:—

Act XIX

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 price, or express the quantity,
price, or ex- q u o 11 n g o p . , \ a n y a i tide otherwise than in terms of the standard »>

pt e s . i n g [w e i]S[h t o r] measure,
quantity, of
an y article
other w is 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

of ( S)!e c ti o “ Act, following shall be substituted, namely; —

Assam A c t
XIX of lq59.

“ (5) Where an Inspector has reason to believe

that a sealed package or container of an

article does not actually contain the net
weight or measure of the article which it pur­
ports to contain, the Inspector may break
open the sealed package or container and
verify its contents, and

(i) if, on such verification, the net weight or

measure of the article is found to be cor­
rect, the Inspector shall tender the fair
price thereof and may require a written
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 Inspector
may seize th e package or c ontainer and the
article contained therein, after tendering
the fair price thereof where the seizure is
made from any person other than the
manufacturer, and may file a complaint
against the manufacturer for contraven­
tion of the provisions of section 14.”

Substitu- 8. For section 21 of the principal Act, the following

tion of sec- Bh a n b e substituted, namely :—
t io n 21

of Assam Act

XIX o f

1959.

“ Levy of 21 . The State Government may charge such fees

fees. for the grant of licences under section 13,

for manufacture, repair or sale of weights and

measures and weighing and measuring instruments


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I HE ASSAM GAZETTE, EX TR AOR DINAR Y, DEG. 21, 1964 409

and also for the verification, marking,

stamping 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, between the

section 23 of words “ standard weights or measures” and “shall”
Assam Act the words “or whoever after the commencement of

X I5 L - Oo f 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
conducted” shall be inserted.

Insertion of 10. After section 28 of the principa l Act, the

section 28A following shall be inserted as section 28A, namely:—
in Assam

Act XIX of

1959.

“ Penalty for 28A, Whoever contravenes the provisions of sec­
quoting pri­

tion 14A shall be punishable with fine which

ces or expres­
sing quan­ may extend 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 principal Act, the

°e ^ [c tl0 n] ^'TrorroiVtng--ebaU.-be--«iI)5t5ijjted.. namely ; —

of Assam Act
XIX of 1959.

“ Penalty for 32. Whoever—
delivering or (i) in selling any article by weight or measure
receiving any
quantity of delivers or causes to be delivered to the
article less purchaser any quantity of that article

than, or in less th an , or
excess of the
quantity fix­ (ii) in buying any article by weight or

ed by the measure demands or receives or causes to be
weight or

measure in dem anded or received from the vendor

th e c o si- any quantity of that article in excess
tract. of,

the qu antity fixed by the weight or

measure by which the contract or dealing
in respect of tha t article has been made,

shall be punishable with fine which may
extend to five hundred rupees.”

Amenament 12. In sub-section (1) of section 38 of the principal

T[c ti o n] a3^. Act, for the words “an Assistant Controller” occur-

°xix [a m] of [r i n] 8 betw een the words “or” and “ authorised”

l959. the words “any officer” shall be substituted.


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Insertion of 13. After section 40 of the principal Act, the

_insection 40A Assam_ fo llo w mg shall be inserted as section 40A, namely

Act X IX of

1959.

"Composition 40A. (1) Any offence punishable under sec-

o o ences. t [i]o n s [ 24, 27, 28, 28A, 32 or 34 and other than a ]

second or subsequent offence under section 23 or 25
may, either before or after the institution of the

prosecution, be compounded by the State Government
on payment of such sum as the State Government
thinks fit.

(2) On payment by the offender of the com­

pounding money as per sub-section (l), the offender/
if in custody, shall be set at. liberty and if any pro­

ceedings in any crim inal court have been instituted
against the offender in respect of the offence,

the composition shall be deemed to amount to an
acquittal and no further criminal proceedings shall
be taken against him in respect of such offence.”

Insertion 14. After section 43 of the principal Act, the

of section following shall be inserted as section 43A, namely :—

43 A _r in_

Assam _A ci_

X IX of

1959.

“Exemp- 43A. Nothing in this Actjshall apply to weights or

tion . measures or weighing-^oFTneasuring instruments used
by or in. an y unit or establishment of the Armed

rees[-] of the Union.”

U. TAHBILD AR.

Deputy Secy, to the Govt, of Assam,

Law Departm ent

**Shillong-—Printed and published by the Superintendent, Assam Government**

**Press (Ex. Gazette) 133-1 249+ 12—21-12-64.**


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