The Assam Adoption of Standard Weights Act, 1955
## ASSAM ACT IX OF 1955

TH E ASSAM AD OP TION OF STANDARD WE IGHTS

AC T, 1955

(Passed by th e Assembly)

### (Received the assent o f the Governor on the 19th April 1955)

[Published in the Assam Gazette, dated the 27th April 1955]

An

Act to provide for the adoption and regulation of the

use of standard weights in the State of Assam.

Preamble. Whereas it is expedient to adopt Standard Weights

an d to regulate the use thereo f in the State of Assam ;

It is hereby enacted in the Sixth Year of the Republic

of India as follows:—

### PART I

.. 1. (1) This Act may be called the Assam Adoption of

extent and S tandard Weights Act, 1955.
commence- (2) It extends to the whole of the State of Assam.

(3) It shall come into force on such date as the

State Government may notify in the official Gazette.

Definitions 2. In this Act, unless there is anything repugnant in

the subject or context—•

(1) “ Prescribed” means prescribed by rules made

under this Act.

(2) “ Primary Standard” means the set of weights

supplied by the Central Government under sub-section (2) A c t[ j] x o[f]

of section 4 of the S tandard Weights Act, 1939. 1939.
«

(3) “ Rules” mean the rules made under this Act.
(4) “An Inspector” mean an Inspector appointed

under section 13.

(5) “ Secondary Standards” mean the weights pre­

pared and stam ped under sub-section (1) o f section 5.

(6) The expression “ Verification” used with

reference to a weight or weighing instrument, includes the
process of comparing, checking or testing of such weights
or weighing instruments.

(7) “ Weighing Instrum ents” include scales, with the

weights belonging thereto, scale beams, balances, spring
balances, steel yards, weighing machines and oth er instru­
ments for weighing.

(8) “ Working Standards” mean the weight pre­

pared and stamped under sub-section (I) of section 6.

_[ Price 3 annas or 3d. ]_


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**PART II**

**Standard** 3. (1) The weights set forth in sub-section (1) of sec-

A^eights. tion 3 o f t jje Standards of Weight Act, 1939 and reproduced A j‘ o f

in P art I o f the First Schedule hereto annexed as well as the
multiples and sub-multiples of these weights setforth in
Part II of the said schedule and authorised under sub­
section (2) of the aforesaid section, shall be the weights
authorised to be used in the State of Assam and shall be the
Standard Weights for the purpose of this Act.

**Primary** **4.** (1) The authenticated set of weights supplied by **Act IX of**

the Central Government under sub-section (2) of section 4, **1939.**

**0** **e 'g ti.** t [j]l e [ s t] a n c [j]a r ( []]s o [f Weight Act, 1939, shall be the Pri­]

mary Standards and shall be used for the purpose of veri­
fying the secondary standards.

(2) The Primary Standards shall be kept in such

custody as the State Government may direct.

**Secondary** **5.** (f) For the purpose of verifying the working stan-

**of*VeTcht** dards of weight, such sta ndard weights as the State Govern­

ment may consider expedient shall be prepared, marked

and stam ped in such manner as the State Government may
prescribe. The standard weights so prepared, marked

and stamped shall be the Secondary Standards and the
State Government may provide and keep such

Secondary Standards in the custody of the Administrative
Head of each district or subdivision.

(2) (a) Once at least in every five years such secondary

standards shall be verified with the primary standards and
shall be adjusted or replaced, if necessary, and shall be
marked with the date of verification by such officer as
Government may authorise.

(A) A secondary standard which is not so verified or

adjusted or replaced and marked within the aforesaid period
shall not be deemed legal and shall not be used for the
purposes o f this Act.

**Working** **6.** (1) For th e purpose of verifying weights in use in

**standards,** the Sta te, the State Government may provide such working

standards as it thinks fit. They shall be made of such

materials and according to such specifications and by such
agency and shall be verified with the secondary standards
and stamped by such persons and in such manner as the State
Government may prescribe.

(2) The working standards shall be kept in the custody

of such officers and shall be verified in such manner as

the State Government may direct.

(3) A working standard shall not be legal or be

used unless it has been properly verified and marked under
this Act.

**Weighing** **7.** Properly stamped weighing instruments shall be

**Instruments, kept at all places where secondary standards or working**
standards of weights are kept. Such instruments shall be

of such kind and kept, verified, adjusted or replaced
in such manner as m ay be prescribed.


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# a

Pro hibitio n 8. (1) Notwithstanding anything contained in any
of weights oth er tha n bye-law made under any enactment in force for the time
standard being, all contracts or transactions which are
ones. made or entered into after this Act comes into

force, for any work to be done or goods to be sold or
delivered by weights shall be deemed to be made or

entered into according to one of the standard weights laid

dow n in the First Schedule and it shall not be lawful to

use or stipulate the use of any other weight in relation to
any such contract or transaction.

(2) Any contract or transaction made or entered into

in contravention of the provisions of sub-section (1), in
so far as it contravenes the said provisions, shall be void,

Restriction 9. Notwithstanding anything contained in any other law
on local au ­ for the time being in force, no local authority shall prescribe,
thorities.

by bye-law or otherwise, any standard of weights, and any
standard of weight in force by reasons of

such prescription, on the day this Act comes into

force, shall so far as it is inconsistent with the provisions of
this Act, be void.

Prohibition 10. Notwithstanding any local practice prevalent in

of loc al any p art of the State, it shall not be lawful in any trade

practice. or business to use any weight or weighing instrument
which has not been verified and stamped in the manner
prescribed.

PA RT II I

**Ve rification and Stam ping o f Weig hts**

Validity of 11. No weight shall be accepted for verification under

weights. the provisions of this Act, and the rules framed there-;

under.—

(/) unless its material, form and specifications con­

form to the provisions of this Act or the
rules made thereunder; and

(»») unless its denomination is marked on the top

or side thereof in legible letters or figures or
both.

Stam ping No weight or weighing instrument shall be sold by

and verifica- any person other than those licensed under this Act. The

tion of State Government may prescribe the form and also fix

we ights, fe e s fo r grant and renewal of such license.

Appoin t- 13. The State Government may appoint any Govern­

men t of In s- ment Officer by virtue o f his office or any other person to
pector. exercise any of the functions of an Inspector under this Act

an d rules made thereunder.

Verification Every Inspector shall verify every weight o>

an d sta mp- weighing instrument which is brought to him for such
ing by Ins- purpose. If the weight or weighing instrument satisfies the

pector. requirement of this Act and the rules made thereunder he
shall stam p the same with a stam p of verification.


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### 4

**Power** **to** **15 ,** (i) An Inspector may inspect all weights or weigh-

we^hts *n S i n s t r u m e n t s within the area under his charge, which are

**etc.,** **’ and** [u s e] d by or are in the possession of any person, or are on any

**power** **of** premises for sale or use for trade, and may verify every such

**entry.** weight or weighing instrument with a secondary or working

standard or weighing instrument prescribed for the

purpose.

(2) For the purpose of such inspection, an Inspector

may at all reasonable times enter into any place where
weights or weighing instruments are sold, used or kept for
purposes of trade and inspect such weights or weighing
instruments.

**(3 )** An Inspector may seize and detain any weight or

weighing instrument regarding which an offence under this
Act appears to him to have been committed or which
appears to him to have been used for the commission o f such
offence.

**Power** **to** **(4 )** An Inspector m ay seize and render incapable of

**seize** **and** **u s e** any defective and unadjustable weight or weighing

**ra 'able** 'of instrument. On being so rendered incapable of use, the
**capa e** **ot** **Q w n e r s a r e** e n title d to the retu rn of such weight or weighing

instrument, if claimed within two months of the date of

seizure, otherwise it shall become the property of the S tate
Government.

**Government** **16.** If any difference arises between an Inspector

ra ?y and any person interested as to the procedure in regard to

rence t h e verifying, adjusting or stam ping o f any weight or weigh­

ing instrument, such difference may be referred by the
party interested or by the Inspector, to such officer not below
the rank of a **M agistrate of the First Glass as the State**
Government may appoint, and the decision of such officer
shall be final. w

**Levy of fees.** 17. Th e State Government may charge such fees for

the verification, marking, adjusting and stamping of weights
or weighing instruments as may be prescribed.

**Validit** **of** I [8]           - & weight or weighing instrument duly stamped

**weights^ etc.** under this Act shall be legal weight or weighing instrument
**duly stam p-** in all places within the State and shall not be liable to
e d - restamping because it is used in a place other than that in

which it was originally stamped.

**Stamped** 19. A weight or weighing instrument duly stamped

**weights, etc.,** under the provisions of this Act or the rules made there­
**to be deemed** under, shall be deemed to be correct until its inaccuracy is
**correct in** established in course of any legal proceedings in a Court of
law on production in any such Court by any public servant

having charge thereof under the directions of the State
Government or by any person acting under the general or
special authority of such public servant.

**Officers** **to** 20. Every officer or person appointed or authorised

**be** **public** UIK j e r the provisions of this Act shall be deemed to be a

public servant within the meaning of section 21 of th e^ ctX LV of
India n Penal Code, 1860. **I860.**


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### 5

PA RT IV

P enalties

Penalty for 21. Whoever in any transaction sells or purchases any

sale by wei- a r ticle by any denomination of weight other than one of

°t^nd- [f]^[e] Standard Weights shall, on conviction, be punishable

ard ones, with fine which may extend to five hundred rupees or

with imprisonment of either description which may extend
to six months.

Penalty for 22. Whoever uses or has in his possession for use for

use or posses- trade any weight or weighing instru me nt which is not

S'hts _°etc'e l~ authorised, verified or stam ped under or in accordance with_

not ’ autho- the provisions of this Act and the rules made there-
tised. under shall, on conviction, be punishable with fine which
may extend to five hundred rupees or imprisonment which
may extend to six months, of either description and such
weight or weighing instrument shall be forfeited to the State
and any trade m ade by such weight or weighing instrument
shall be void.

_Explanation:—When any such_ weight or weighing

instrument is found in the possession of
any tra der or of any employee or agent
of such tra der, such trader shall be
presumed, until the contrary is proved,
to have had it in his possession for use
for trade.
Unless there is anything repugnant in
the subject or context, trade means and
includes any dealing or contract.

Penalty for 23. Whoever in selling any article by weight delivers

giving short o r c a u s e s [ to be delivered to the purchaser a weight less than ]

w elg t- what is purported to be sold shall, if the difference in

weight exceeds the amount of error prescribed shall, on
conviction, be punishable with fine which may extend to
three hundred rupees or w ith imprisonment which may ex­
tend to two months.

Penalty for 24. Whoever sells or delivers any weight or weighing
sale or instrument not authorised, verified or stamped under this

delivery of Act, shall on conviction, be punishable with fine which
weights, etc., may extend to one thousand rupees or with imprisonment
not verified
or stamped. of either description which may extend to one year.
Penalty for 25. (1) Whoever forges or counterfeits any stamp used
forging of under this Act for the stamping of any weight or weighing
stamp or instrument, or removes a stamp from any weight or weighing
tampering
with weights, instrument and inserts the same into another weight or

weighing instrument, or wilfully tampers with a weight or
weighing instrument stam ped under this Act so as to effect
its accuracy, shall on conviction, be punishable with

rigorous imprisonment for a period which may extend to
six months, or with fine which may extend to one thousand
rupees, or with both.


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(2) Whoever knowingly uses, sells, disposes of or

exposes for sale any weight or weighing instrument with
such forged or counterfeit stam p thereon or a weight

otherwise tampered with, shall on conviction, be punishable
with rigorous imprisonment for a period which may extend
to six months, or with fine which may extend to

one thousand rupees or with both.

Penalty for 26. Whoever on dem and by any competent authority

refusal to wilfully neglects or refuses to produce for inspection any

p ro d u c e weight or weighing instrument in his possession or in his
w e ig h ts , premises or refuses to permit any person authorised in this

etc., for behalf to examine the same or any of them, or obstructs the

inspection. e n [t] r [y ] _o_ _[f][ (j]l e_ [ authorised person into his premises, or other­]

wise obstructs or hinders him in performance of his lawful
duties shall, on conviction, be punishable w ith fine which
may extend to five hundred rupees or with imprisonment
which may extend to six months.

Penalty for 27. If any Inspector or any other person authorised to

a n ^ e i^ t e x e r c ’s e a n Y ° f the functions under this Act or rules made

eta/in'con- thereunder knowingly stamps any weight or weighing

tra ve ntion instrument in contravention of the provisions of this Act or

of Act or rules made there under, he shall, on conviction, be

Rules. punishable with imprisonment of either description for **a**
period which may extend to one year or with fine or with
both ;

Provided that no Court shall take cognizance of an

offence under this section except on prior sanction of the
State Government.

All offences 28. All offences under this Act shall be cognizable,
cognizable.

Bar to suit, 29. No suit, prosecution or other legal proceedings

prosecution, shall be instituted against any public servant for anything

thing done in which is in good faith done or intended to be done under
good faith , the provisions of this Act or rules made thereunder,

PA RT V

**Miscella ne ou s**

De leg ation 30. Any of the powers and -duties conferred and im-

of powers p O se j upon the State Government by this Act may be

Govern-6 exercised and performed, subject to such conditions as the

rnent. " State Government may think fit, by any person whom the

State Government may, by general or special order, em­
power in this behalf.

Margin of 31. Th e State Government may prescribe the

error. amount of error to be allowed in selling articles by weight

generally or as regards any trade or class of trades.

Offences 32. Trial o f offences under this Act shall not pre­

under clude the trial of any person under any other law in force
other ex­

isting laws. for the time being.

Power of 33. T he State Government may, after previous pub-

Gbvemment lication, make rules to carry out the purposes of this Act
to make a n c j s u c [b ] r u [i]e s m [ay provide a penalty not exceeding fifty ]

tu le s          - rup ees for a breach thereof.


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5?

Repeal 34. On the coming into force of this Act—
and amend* The enactments specified in the Second Schedule

ments.

to this Act shall be deemed to have been

amended to the extent and in the manner
specified in the second column thereof.

**THE** **first SCHEDULE**

STANDARD WE IGHTS

[ See _Section 3 (I) ]_

**Part I**

Act IX of 1939—Section 3, sub-section (1) of the Standards of Weight Act,

1939

3. (1) There shall be the following standard weights, na mely:—

_(a) The standard tola, being a weight of 180 standard grains._
(Z>) Th e standard seer, being a weight of 80 standard tolas or 14,400

standard grains.

(r) Th e standard m aun d, being a weight of 40 standard seers.
(d) Th e standard pound _avoirdupois, being a weight of 7,000 standard_

grains.

(«) The standard ounce _avoirdupois, being one-sixteenth pa rt of the weight_

of a standard pound _avoirdupois._

( / ) Th e standard hundred-weight, being a weight of 112 standard pounds

_avoirdupois._

_(g) Th e standard ton, being a weight of 2,240 standard pounds_ _avoirdu­_

_pois,_ _—_

**Part H**

As multiples and sub-multiples of the Standard Weights in Part I a b o v e -
(«) Multiples of the tola :—

5 tolas ... ... ... --* 1 chhatak.

10 „ ... ... ...       - • 2 chhataks or half powa

20 ,, ... ... ... ... 1 powa.

40 „ ... ... ... ... J seer.

(6) Sub-multiples of the t ola :—

| tola ... ... ... ... 6 mashas.

i ,, ... ... ... ... 3 „

1/12 ,, ... ... ...        - • 1 masha.

1/16 „ ... ... ... ... 1 anna.

= 6 ratis.

1/24 ,, ... ... ... _... I_ masha or 4 ratis.

1/96 „ ... ... ... ... 1 rati.

(r) Multiples of the seer

5 seers ... ... ... ... 1 panseri or pasuri,

20 „ „ ... ... ... ... J maund.


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Sta ndard India n Air is defined as follows:—

Temperature.—85 deg. Fahr. 29‘44 deg. cent.

Pressure.—A column of Mercury at 0 deg. C.29’8 inches or 756-919 mm. in

height.

Carbon dioxide gas.— O’0006 of the volume of the air.
Vapour tension.—0-75 inches: 19[-]05 mm.
Latitu de at Calcutta 22° 35' 6-6".
Height above M . S. L. 22-6 feet.
One litre of Standard Indian Air at Calcutta weights 1*14917 grm,

**THE SECOND SCHEDULE**

REPEAL AND AMENDMENTS

(See _Section 34)_

_Enactment amended_

Title of the Act Am endments

1. The Assam Municipal Act, 1923 Clause (X XVIII) of section 297 shall

(Assam Act V of 1923). be deleted, and clauses (X XIX )

(XXX) and (XXXI) renumbered as
clauses (X XVIII), (XXIX) and

(XXX ) respectively.

2, Th e Assam Local Self-Government In clause (</) of section 82 for the

Act, 1953 (Assam Act XXV of comma a semi-colon shall be substi­

1953). tuted and the words “ and prescribe

the weights and measures to be used

in such bazars” shall be deleted.

A.G.I’. (Leg,) No.38/55—1050—21-10-1955.


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