उपभोक्ता मामले विभाग
MINISTRY OF FOOD AND CIVIL SUPPLIES
(Department of Civil Supplies)
NOTIFICATION
New Delhi, the 1st July, 1987
G.S.R. No 619 (E).- In exercise of the powers conferred by section 83 read with section 22 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules, namely:-
CHAPTER-I
Preliminary
1. Short title and commencement. –
1. These rules may be called the Standards of Weights and Measures (General) Rules, 1987.
2 They shall come into force on the date of their notification in the Official Gazette.
2. Definitions.- In these rules, unless the context otherwise requires,-
a. Act means the Standards of Weights and Measures Act, 1976 (60 of 1976).
b. Protection means the utilization 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 only step is required to be taken to safeguard the well-being of any human being or animal, or to protect any commodity vegetation or thing, whether individually or collectively;
c. Schedule means a Schedule appended to these rules;
d. Section means a section of Act;
e. Words and expression used in these rules and not defined but defined in the Act shall have the meanings respectively assigned to them in the Act
CHAPTER-II
SPECIFICATION OF STANDARDS OF WEIGHTS AND MEASURES
3. Reference Standards.-
1. Every reference Standard weight shall conform, as regards denomination, material used in construction, and design, to the specifications laid down in Part I of the First Schedule.
(2) The maximum permissible error in respect of any reference standard weight, on verification or re-verification after adjustment, shall be such as is specified in Part I of the First Schedule.
(3) Every reference standard meter bar shall conform, as regards material used in construction, and design to the specifications laid down in Part II of the First Schedule.
(4) The maximum permissible error in respect of any reference standard metre bar, on verification or re-verification, shall be such as is specified in Part II of First Schedule.
4. Secondary Standards.-
1. (1) Every secondary standard weight shall conform as regards denomination, material used in construction, and design, to the specifications laid down in Part I of the Second Schedule.
(2) The maximum permissible error in respect of any secondary standard weight, on verification or re-verification after adjustment shall be such as is specified in Part I of the Second Schedule.
(3) Every secondary standard metre bar shall conform, as regards material used in construction, and design, the specifications laid down in Part II of the Second Schedule.
(4) The maximum permissible error in respect of any secondary standard metre bar, on verification or re-verification, shall be such as is specified in part II of the Second Schedule.
(5) Every secondary standard capacity measure shall conform as regards denomination, material used in construction, and design, to the specification laid down in Part iii of the Second Schedule.
(6) The maximum permissible error in respect of any secondary standard capacity measure, on verification or re-verification after adjustment, shall by such as is specified in Part II of the Second Schedule.
5. Working Standards. - (1_ Every working standard weight shall conform, as regards denomination, material used in construction, and design, to the specification laid down in Par-I of the Third Schedule.
(2) The maximum permissible error in respect of any working standard weight, on verification or re-verification after adjustment shall be such as is specified in Part I of the Third Schedule.
(3) Every working standard metre bar shall conform, as regards material used in construction, and design, the specifications laid down in Part II of the Third Schedule.
(4) The maximum permissible error in respect of any working standard metre bar, on verification or re-verification, shall be such as is specified in part II of the Third Schedule.
(5) Every working standard capacity measure shall conform as regards denomination, material used in construction, and design, to the specification laid down in Part iii of the Third Schedule.
(6) The maximum permissible error in respect of any working standard capacity measure, on verification or re-verification after adjustment, shall by such as is specified in Part II of the Third Schedule.
6. Power to specify any other reference, secondary or working standard measurements.
(1) Any other reference standard or secondary standard, or working standard shall conform as regards the denomination, material used in construction, and design, to such specifications as the Central Government may, from time to time by notification, specify.
(2) The maximum permissible error in relation to such other reference standard, or secondary standard, or working standard shall be such as the Central Government may, from time to time, by notification, specify and different maximum permissible error may be specified in relation to different types of reference standards, or secondary standards, or working standards.
CHAPTER III
Specification of Standard Equipment
7. Reference Standard Balances:- (1) A set of reference standard balances shall be maintained at every place where the reference standard weights are kept for the purpose of verification of secondary standards.
(2) The number, types and specifications of such balances shall be as are specified in Part I of the Fourth Schedule.
(3) Every reference standard balance shall be verified at least once in six months and shall be adjusted, if necessary, to make it correct within the limits of sensitivity
8. Secondary Standard Balances: - (1) A set of secondary standard balances shall be maintained at every place where the secondary standard weights are kept for the purpose of verification of working standards.
(2) The number, types and specifications of such balances shall be as are specified in Part II of the Fourth Schedule.
(3) Every secondary standard balance shall be verified at least once in six months and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities as are specified in Part II of the Fourth Schedule.
9. Working Standard Balances.- (1) A set of working standard balances shall be maintained at every place where the working standard weights are kept for the purpose of verification of weights intended to be used for transaction, or protection, or industrial production.
(2) The number, types and specifications of such balances shall be as are specified in Part III of the Fourth Schedule.
(3) Every working standard balance shall be verified at least once in six months and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities as are specified in Part III of the Fourth Schedule.
10. Power to specify the standard Equipment.
The Central Government may, by notification, specify such other standard equipment as it may think necessary to carry out the provisions of the Act and every such standard equipment shall conform, as regards the metrological qualities, to such specifications as the Central Government may, in the same notification or subsequent notification, specify.
CHAPTER-IV
Weights or measures and weighing and measuring instruments
11. Weights. (1) Save as otherwise provided in these rules, every weight used or intended to be used –
a. in any transaction or
b. for industrial production, or
c. for protection,
shall conform as regards physical characteristics, configuration, constructional details, materials, performance, tolerance and such other details, to the corresponding specifications laid down for such weight in the Fifth Schedule.
(2) The maximum permissible error in respect of such weight shall be such as is specified in the Fifth Schedule.
(3) Nothing in this rule shall apply to the product of an industry which is required, by or under any law for the time being in force, to conform to any other specifications with regard to the matters specified in sub-rule (1) or sub-rule (2), if under such law, the product is required to conform to the specifications laid down by the International Organization of Legal Metrology with regard to the matters aforesaid..
12. Measures (Other than measuring instruments ).
1.Every measures used or intended to be sued for –
(a) any transaction, or
(b) industrial production, or
(c) protection,
shall conform, as regards physical characteristics configuration, constructional details, materials, performance, tolerances and such other details to the corresponding specifications laid down for such measure in the Sixth Schedule.
2. The maximum permissible error in such measure shall be such as is specified in the corresponding specifications laid down for such measure in the Sixth Schedule
13. Weighing and measuring instruments.
1. Every weighing instruments used or intended to be used –
(a) any transaction, or
(b) industrial production, or
(c) protection,
shall conform as regards physical characteristics, configuration, constructional details, materials, performance, tolerances and such other details, to the corresponding specifications laid down for such weighing instrument in heading B of the Seventh Schedule:
Provided that , for a period of twelve **years, from the commencement of these rules, it shall be lawful to make or manufacture any weighing instrument in accordance with the provisions mentioned under heading A of the Seventh Schedule, and every weighing instrument made or manufactured during the period aforesaid in accordance with the provisions of the said heading A shall so laong as such instrument lasts, be deemed to have been lawfully made or manufactured in accordance with the provisions of these rules.
** amended vide GSR No 591 E dated 8.10.97
Every measuring instrument used or intended to be used-
(a) any transaction, or
(b) industrial production, or
(c) protection,
shall conform as regards physical characteristics, configuration, constructional details, materials, performance, tolerances and such other details, to the corresponding specifications laid down for such measuring instrument in the heading B of the Eighth Schedule
2. The maximum permissible error on such weighing or measuring instrument shall be such as is specified in the corresponding specifications laid down for such weighing or measuring instrument in the Seventh Schedule or as the case may be in the Eighth Schedule.
14.Weight or measure for domestic use.
1. Every weight or measure specified in the Ninth Schedule which is intended exclusively for domestic use or for any use other than then in any transaction, or for protection or for industrial production, shall conform, as regards the metrological characteristics and qualities, configuration, constructional details and materials used in construction, to the corresponding specifications laid down in the Ninth Schedule.
2. Every manufacturer who manufacturers any weight or measures which is not specified in the Ninth Schedule and which is intended exclusively for domestic use or for any use other tan use in any transaction, or for protection or for industrial production, shall forward the specifications are regards the metrological characteristics and qualities, configuration, constructional details and materials used in construction, to the Director to enable him to circulate such specifications to the Controllers for the purpose of verification of such weight or measure.
15. Provisions relating to existing weights and measures
Any weight or measure which confirms to the specifications laid down by or under any State or Central law shall, if such specifications are in force at the commencement of these rules, continue to be regarded as standard weight or measure for a period of three years from such commencement notwithstanding that such weight or measure does not conform to the specifications laid down I the First to Ninth Schedule (both inclusive) to these rules and every such weight or measure shall be so modified during the period of three years aforesaid as to make them conform to the specifications laid down in these rules:
Provided that if the Director is satisfied that the period beyond three years is necessary for carrying out the modification in such weight, or measure, ha may extend the period for such further period, not exceeding one year, as he may think fit.
16. Procedure for carrying out calibration of vehicle tanks etc.
The procedure for carrying out calibration of vehicle tanks etc shall be as is specified in the Ninth A Schedule.
CHAPTER-V
Export and Import of Weights and Measures.
17. Registration of exporter and importer.- (1) Every manufacturer or dealer of weight or measure who intends to export or import any weight or measures shall apply to the Director, through the Controller of the State in which he carries on such business, for registration of his name as exporter or importer or both, as the case may be, in the form specified in the Tenth Schedule.
(2) Every person carrying on the business of export or import or both, immediately before the commencement of these rules, shall, within ninety days of such commencement, make an application to the Director, through the Controller of the State in which he carries on such business, for registration as a n exporter or importer or both.
(3) Every application received by the Controller under sub-rule (1) or sub-rule (2) as the case may be , shall be forwarded by him to the Director with a report as to the antecedents and technical capabilities of the applicant.
(4) Nothing in this rule shall take away or abridge the right or any person referred to in sub-rule
(2) to carry on the business of exporting or importing of any weight or measure until has bas been informed by the Director in writing that he cannot be registered as an exporter or importer or both, and on receipt of such letter he shall stop forthwith the export or import of any weight or measure:
Provided that registration of a person carrying on at the commencement of these rules, the business of exporting or importing weights or measures shall not be refused except after giving him a reasonable opportunity of showing cause against the proposed action.
5. Every application for the registration of an exporter or importer shall be submitted to the Director, in the manner aforesaid, together with the fee specified in the Twelfth Schedule, at least one month before the date on which export or import is proposed to be made.
6. The registration of a person as an exporter or importer shall remain effective for a period of five years from the date of such registration.
7. On the expiry of the period of registration as an exporter or importer, the Director may, on the application of the registered exporter or importer and on payment of the prescribed fee, renew registration for a like period.
8. The registration or renewal of the registration of a person as an exporter or importer or both may be suspended or revoked before the expiry of the period of validity thereof, if the Director is satisfied after an inquiry, and after giving to the person concerned a reasonable opportunity of being hears, that any statement made by such person in the application for registration or renewal of registration was false or incorrect in material particulars or that such person has contravened any provision of the Act, or rules made there under or any term or conditions of such registration.
18. Condition etc for manufacture of weight or measure exclusively for export.-
1. The provisions of this rule shall apply to weight or measures which are made or manufactured exclusively for the purposed of export.
2. No non-standard weight or measure shall be made or manufactured by any persons unless he has obtained the pervious permission form the Central Government:
Provided that it shall be lawful for any person, who, at the commencement of these rules,
a. is bonafide carrying on the business of export of non-standard weight and measures, or
b. has a firm offer for the export of any non-standard weight or measure,
to continue the manufacture of non-standard weight and measure until he is informed by the Central Government in writing that the permission to manufacture non-standard weight or measures cannot be granted to him.
3. Every person intending to manufacture non-standard weight or measure for the purpose of export shall make an application for permission of the Central Government on payment of a fee of rupees fifty for such permission authorizing him to manufacture such weight or measure and shall in such application indicate-
a. his name and full address;
b. location of the factory in which such weight or measure is proposed to be manufactured
c. description of weight or measure proposed to be manufactured; documentary or other evidence indicating the existence of a firm contract for the export aforesaid or where the is no such firm contract for export, documentary or together evidence indicting that there is likely to be a demand for the report of non-standard weight or measure.
4. The Central Government shall, if it is satisfied from the documentary or other evidence produced by the applicant or otherwise that the applicant intends bonafide to manufacture non-standard weight or measure fo export, grant the permissible authorizing him to manufacture such weight or measure:
Provided that the Central Government may, it if is satisfied that the applicant has, contravened any t of terms and conditions of the permissible or that weight or measures manufactured by the applicant have fourn their way into the Indian market or that the applicant had made any statement in the application for the permission which is false in material particulars or have had concealed some material particulars, cancel the permission:
Provided further tha no permission shall be cancelled except after giving to the applicant a reasonable opportunity of showing cause against the proposed action..
5. Every permission granted under sub-rule (4) shall remain valid for a period of one year and shall be renewed for alike period on payment of a like fee unless the Central Government is satisfied tat the applicant has made any statement in his application which is false in material particulars or that he has concealed some material particulars or had contravened any provision of the Act or any rule made there under:
Provided that no order for the refusal to renew a licence shall be made by the Central Government except after giving the applicant a reasonable opportunity of showing cause against the proposed action.
6. Every person who is granted permission under this rule shall submit to the Central Government at the end of the calendar year, as statement as to the quantity of the non-standard weights and measures exported by him and the particulars of the person to whom such export has been made.
19. Prohibition on sale of non-standard weight or measure within the country.
No non-standard weight or measure made or manufactured exclusively for export shall be sold or otherwise distributed within the territory of India.
20. Maintenance of record in relation to non-standard weights or measures.
Every person who makes or manufactures any non standard weight or measure for export shall maintain a monthly record of the number of such non-standard weights or measures manufactured by him, number of weights or measures already exported by him, and number of weights or measure in stock or under production. The record so maintained shall be open to inspection by any officer authorized by the Central Government in this behalf.
21. Sample checking of weight and measures
1. Standard weights or measures which are intended for export shall not ordinarily required any verification and stamping, but if the party to whom the export is to be made so requires, a sample checking of such weight or measure shall be made by such agency as the Central Government may specify in this behalf, and thereupon the agency so specified shall, after checking the weight or measure, issue a certificate indicating whether or not such weight or measure conforms to the requirements of the Act and the rules made there under.
2. The weight or measure to be checked, as sample under the rule shall be selected at random and proper records shall be maintained with regard to the sample checking so made.
3. The Central Government shall, while specifying the agency for checking the weight or measure, ensure that the agency completes the checking well in time so that the export of the weight or measure is not delayed by reason of such checking.
22. Checking of non-standard weights and measures sample which is to be exported.
1. Non standard weight or measure, which is made or manufactured exclusively for export, shall not ordinarily required any verification and stamping, but if the party to whom the expert is to be made so requires, a sample checking of such weight or measure shall be made by such agency as the Central Government may specify in this behalf; and thereupon the agency so specified shall, after checking the weight or measure, issue a certificate indicating whether or not such weight or measure conforms to the specifications given by the party to whom the export is be made, or where the party aforesaid has not given any specification, whether the weight or measures conforms to the specifications laid down by the manufacturer.
2. The weight or measure to be checked, as sample under this rule shall be selected at random and proper records shall be maintained with regard to the sample checking so made.
3. The fee for checking of any non-standard weight or measure shall be –
i. if it is similar to any standard weight or measure, equal to the fee liviable for the verification and stamping of such standard weight or measures; and
ii. Where such non-standard weight or measure is not similar to any standard weight or measure, the Central Government may specify such amount as fees as is commensurate with the labour involved in checking the non-standard weight or measures.
1. The Central Government shall, while specifying the agency for checking the non-standard weight or measure, ensure that the agency completes the checking well in time so that the export of such weight or measure is not delayed by reason of such checking.
CHAPTER – IV
Non-Standard weight or Measure to be used for scientific investigation or Research.
23. Permission to get manufactured non-standard weights or measures for scientific investigation nor research.
Where the manufacturer of any non-standard weight or measure is needed exclusively for the purpose of scientific investigation or research, the person needing such non-standard weight or measure shall make an application to the Central Government for permission to get such non-standard weight or measure manufactured and on receipt of such application, if the Central Government is satisfied that the manufacture of such non-standard weight or measure is needed for the purpose aforesaid it may authorize the applicant to get the non-standard weight or measure needed by him manufactured by such manufacturer as he may think fit, and there upon, it shall be lawful for such manufacturer to manufacture the said non-standard weight or measure in accordance with the specification given by the applicant.
Explanation- For the purposed of this rule, a non-standard weight or measure means weight or measures which is, or is proposed to be manufactured in accordance with any unit of weight or measures specified other than standard unit of weight or measures specified by or under the Act.
CHAPTER-VII
MISCELLANEOUS.
24. The manner of disposal of goods seized under this Act.
1. Where any goods seized under sub-section (1) of section 29 are subject to speedy or natural decay, the Director or any person authorized by him in this behalf shall have the goods weighed or measures on a verified weighing or measuring instrument available with him or near the place of seizure and enter the actual weight or measures of the goods in a form specified by the Director 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, after such weighing or measuring be returned to the trader or the purchaser as the case may be:
Provided that if the trader or his agent or the other person (who has committed the offence) refuses to sign the form, the Director or the person authorized by him in this behalf shall obtain the signature of no less than two persons present at the time of such reversal by the trader or his agent or other person.
2. Where the goods seized under sub-section (1) are contained in a package and the package is false or does not conform to the provisions of the Act or any rules made thereunder and the goods in such package are subject to speedy or natural decay, the Director or any person authorized by him in the behalf, so far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (1 ).
3. Where the goods seized under sub-rule (1) are not subject to speedy or natural decay, the Director or any person authorized by him in this behalf may retain the package for the purpose of prosecution under this Act after giving the trader or his agent o r the other person (who has committed the offence) an notice of such seizure.
25. Time within which unverified weight and measure to be verified and stamped.
No unverified weight or measure, seized under section 29 shall be forefeited if the person, from whom such weight or measure was seized, agrees to get the same verified and stamped within a period of ten days or such extended period from the date of such seizure and for this purpose, the person making the seizure of such weight or measure shall afford a reasonable opportunity by returning such weight or measure exclusively for the verification and stamping.
26. Register and reports to be maintained by persons referred to in section 35.
Every person referred to in sub-section (1) of section 35 shall maintain a register in the appropriate form set out in the Eleventh Schedule.
27. Scale of fee
The scale of fees to be collected for the service specified in column (2) of the Twelfth Schedule shall be at the rate specified in column 3 of the said Schedule.
28. Use of regional languages
Any legend or denomination specified I any Schedule to these rules, which is required to be indicated on any weight or measure in English, or in Devanagiri Script, may also be indicated (in addition to English or Devanagiri) on such weight or measure in such regional language as the manufacturer may consider to be practicable.
INDEX OF SCHEDULES TO THE STANDARDS OF WEIGHTS AND MEASURES (GENERAL) RULES, 1987.
FIRST SCHEDULE
PART I Reference Standard Weights
PART II Reference Standard Metre Bar
SECOND SCHEDULE
PART I Secondary Standard Weights
PART II Secondary Standard Metre Bar
PART III Secondary Standard Capacity Measures
THIRD SCHEDULE
PART I Working Standard Weights
PART II Working Standard Metre Bar
PART III Working Standard Capacity Measures
FOURTH SCHEDULE
PART I Reference Standard Balance
PART II Secondary Standard Balance
PART III Working Standard Balance
FIFTH SCHEDULE
PART I Weights (Other tan Carat Weights)
PART II Carat Weights
SIXTH SCHEDULE
PART I Liquid Capacity Measure
PART II Dispensing Measures
PART III Liquor Measures
PART IV Length Measures (Non Flexible)
PART V Folding Scales
PART VI Fabric or Plastic Tape Measure
PART VII Steel Tape Measure
PART VIII Surveying Chains
PART IX Tapes for use in Measurement of Oil Quantities
SEVENTH SCHEDULE
SPECIFICATION FOR WEIGHING INSTRUMENTS
PART I General Requirements
PART II Beam Scale
PART III Counter Machine
PART IV Steel yards
PART V Platform Weighing Machine
PART VI Spring Balance
PART VII Weighbridges
PART VIII Crane Weighing Machine
PART IX Automatic Weighing Machine
PART X Self-Indicating and Semi self
Indicating Weighing Machines
PART XI Person Weighing Machine
PART XII Totalizing Weighing Machine
PART XIII Baby Weighing Machines
PART XIV Wheel Weighers
SEVENTH SCHEDULE – HEADING B -Non automatic weighing instruments.
Part III General Requirements
Part IV – Bean Scale
Part III – Counter Machine
Heading C- Automatic Weighing Machines
Heading D- Automatic Rail Weibridges
Heading E – Automatic Gravimetric Filling Instruments
Heading F- Discontinuous Totalising Automatic Weighing Instruments (totalising hopper weighers)
SPECIFICATION FOR NON-AUTOMATIC WEIGHING INSTRUMENTS
EIGHTH SCHEDULE
SPECIFICATION FOR MEASURING INSTRUMENTS
PART I Dispensing Pumps
PART II Volumetric Container Filing Machines
PART III Bulk Meters
PART IV Water Meters
PART V Meters for Liquids (Other than water)
PART VI Volumetric Container Type Liquid Measuring Device
PART VII Clinical Thermometer
PART VIII Mono meters of Instruments for Measuring Arterial Blood Pressure (Sphygmonanometers).
PART IX Taxi meters
NINTH SCHEDULE
PART I Kitchen Scales
PART II Tubular Balance
PART III Bath Room Scales
NINTH –A SCHEDULE
Procedure for carrying out calibration of Vehicle Tanks etc.
PART I Calibration of Vehicle Tanks for Petroleum and other Liquids
PART II Method for calibration of Vertical Storage Oil Storage Tanks
PART III Method for Computation of Capacity Tables for Vertical Oil Storage Tanks.
TENTH SCHEDULE
Application Form for Registration of Exporter/Importer of Weights and Measures
ELEVENTH SCHEDULE
Register to be maintained by the Manufactures/Dealer/Repairer of Weights and Measures.
For detailed specification of various weight, measure or weighing or measuring instruments, please refer to any book on 'Laws on weights and Measures' available at any book shops.
