Sikkim Weight And Measures Act, 1980
No: 4 Dated: Apr, 11 1980
THE SIKKIM WEIGHTS AND MEASURES ACT, 1980
SIKKIM ACT NO. 4 OF 1980
An Act to provide for the enforcement of the standards of weights and measures established by or under the Central Act and for matters connected therewith or incidental thereto.
Be it enacted by the Legislature of the State of Sikkim in the Thirty first Year of the Republic of India as follows:
CHAPTER I
Preliminary
1. Short title, extent and commencement. - (1)This Act may be called the Sikkim Weights and Measures Act, 1980.
(2) It extends to the whole of the State of Sikkim.
(3) It shall come into force on such date as the State Government may, by notification, appoint and different dates may be appointed for different.
(a) provisions of this Act,
(b) areas,
(c) classes of undertakings,
(d) classes of goods,
(e) classes of weights and measures, or
(f) classes of users of weights and measures,
and any reference in any such provision to the commencement of this Act shall be construed as reference to the coming into force of that provision in such areas, or in respect of such classes of undertakings, goods, weights and measures of users of weights and measures in relation to which this Act has been brought into force.
2. Act not to apply to inter-State trade or commerce. - Nothing in this Act shall apply to any inter-State trade or commerce in any weight or measure or in any other goods which are sold, delivered or distributed by weight, measure or number.
3. Definitions. - In this Act, unless the context otherwise requires -
(a) "additional controller" includes a Joint Controller, Deputy Controller and an Assistant Controller appointed under section 5;
(b) "authorized seal or stamp" means a seal or stamp made under, and in accordance with, the provisions of this Act;
(c) "Central Act" means the Standards of Weights and Measures Act, 1976;
(d) "controller" means the Controller of Legal Metrology appointed by the State Government under section 5;
(e) "counterfeit", in relation to a seal or stamp, means .a seal or stamp which is so made as to resemble an authorized seal or stamp, as the case may. be, intending by that resemblance to practice deception, or knowing it to' be likely that deception will thereby be practiced.
Explanation 1. - It is not essential that the resemblance of the counterfeit seal or stamp to the authorized seal or stamp should be exact.
Explanation 2. - When a person causes a counterfeit 'seal or stamp to resemble an authorized seal or stamp and the resemblance is such that if a person relies on such seal or stamp, he might be deceived thereby, it shall be presumed, until the contrary is proved, that the person so causing the seal or stamp to resemble the authorized seal or stamp intended by means of that resemblance to practice deception knew it to be likely that deception would thereby be practiced;
(f) "Heap" means any unit of a commodity for sale where such sale is intended to be made, without any weighment or measurement or, where the sale is- made by; number, without counting the number;
(g) "inspector" means a person who is appointed as such under section 5, by whatever' name called;
(h) "mint" means a mint of the Central Government;
(i) "notification" means a notification published in the Official Gazette;
(j) "prescribed" means prescribed by rules made under this Act;
(k) "protection" means the utilisation of any weight or measure or any reading obtained with the help of any weight or measure, for the purpose of determining whether or not any step is required to be taken to safeguard the well-being of any human being or animal, commodity, vegetation or thing, whether individually or collectively; (I) "standard weight or measure" means a weight, measure or number which conforms to the standards established in relation thereto by or under Central Act;
(m) words and expressions used in this Act and not defined but defined in the Central Act shall have the meanings respectively assigned to them in that Act.
4. Provision of this Act to override the provisions of any other law except the Central Act. - The provision of this Act shall have effect not withstanding anything. inconsistent therewith contained in any enactment other than this Act and the Central Act or in any instrument having effect by virtue of any enactment other than this Act or the Central Act.
CHAPTER II
Appointment of Controllers, Inspectors and other Officers,
5. Appointment of Controllers, Inspectors, other officers and staff. - (1) The State Government may, by notification, appoint a Controller of Legal Metrology for the State and as many Additional, Joint, Deputy or Assistant Controllers, Inspectors and other officers and staff as may be necessary for exercising the powers and efficiently discharging the duties conferred or imposed on them by or under this Act.
(2) Every Additional Controller, appointed under subsection (l), shall exercise such powers, and discharge such functions, of the Controller, as the State Government may, by ,notification, authorize in this behalf.
(3) The Controller may, by general or special order define the local limits within which each Additional Controller or each Inspector shall exercise the powers and discharge the duties conferred or imposed on him by or under this Act.
(4) Subject to the provisions of this Act, every Additional Controller and every Inspector shall perform his functions and discharge the duties of his office under the general superintendence, directions and control of the Controller and shall exercise those powers and discharge those duties in the same manner and with the same effect as if they had been conferred or imposed on him under this Act and not by way of authorization.
(5) The Controller and every Additional Controller may also
(a) perform all or any of the functions of; and
(b) exercise all or any of the powers conferred by this Act or any rule or order made there under, on an Inspector.
6. Power to authorize Inspector to adjust Weights or measures. - Where the Controller is of opinion that it is necessary so to do, he may, by an order in writing, authorize an Inspector, or other Officer not below the rank of an Inspector, to adjust any weight or measure in any area within the local limits of his jurisdiction.
7. Controller Gild officers appointed under this Act to be public Servants. - The Controller and every Additional Controller, and every Inspector and every other person authorized to perform any duty by or under this Act, shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.
8. Protection of action taken in good faith. - No suit, prosecution or other legal proceedings shall lie against the Controller or any additional Controller, or any Inspector or any other person authorized to perform any duty by or under this Act in respect of anything which is in good faith done or intended to be done under this Act or any rule or order made there under.