A comparative Study of the new and the old Acts


Sec Present Provision Earlier Provision
Standard Weight & Measure
7(4) The physical characteristics, configuration, construction details, materials, equipment, performance, tolerances, period of re-verification, methods or procedures of tests shall be such as may be prescribed (in the General Rules) Section 19 of the SoWM Act, 76. But, the reference to recommendation of the IOLM dropped
8 (1) Any weight or measure which conforms to the standard unit of such weight or measure and also conforms to such of the provisions of section 7 as are applicable to it shall be the standard weight or measure.
(2) Any numeral which conforms to the provisions of section 6 shall be the standard numeral.
(3) No weight, measure or numeral, other than the standard weight, measure or numeral, shall be used as a standard weight, measure or numeral.
(4) No weight or measure, shall be manufactured or imported unless it conforms to the standards of weight or measure specified under section 8:
Provided that provisions of this section shall not apply for manufacture done exclusively for export or for the purpose of any scientific investigation or research. 		1. Sections 20 to 23 of the '76 Act.
2. Duplicated Section 21 of the SoWM (Enf) act, 85.
3. Section 23 of the 76 Act regarding non-standard inscriptions pushed to Section 27 (b) of the new Act.
$. Provision prohibiting import of non-standard weight or measure added.
9 (1) The reference standards, secondary standards and working standards of weights and measures shall be such as may be prescribed.
(2) Every reference standard, secondary standard and working standard shall be verified and stamped in such manner and after payment of such fee as may be prescribed.
(3) Every reference standard, secondary standard and working standard which is not verified and stamped in accordance with the provisions of sub-section (2) shall not be deemed to be a valid standard. 		Section 24 to 27 of the SoWM Act, 1976
2. Earlier provision was that un-verified standards shall not be deemed to be standards and shall not be used. Now, the term is more stringent "not deemed to be valid"
3. Section 12 to 15 of the SoWM (Enf) Act, 1985
4. Provisions relating custody and verification of standard equipment shifted to the LM (National Standard) rules, 2011 .
10 Any transaction, dealing or contract in respect of any goods, class of goods or undertakings shall be made by such weight, measure or number as may be prescribed (under Schedule I of State Enforcement Rules, 2011). Section 32 of the '76 Act. Interestingly, this section was applicable to inter-state trade or commerce only. So, the provision had to be repeated under Section 10 of the Enforcement Act, 85
11 (1) No person shall, in relation to any goods, things or service,-
(a) quote, or make announcement of, whether by word of mouth or otherwise,
any price or charge, or
(b) issue or exhibit any price list, invoice, cash memo or other document, or
(c) prepare or publish any advertisement, poster or other document, or
(d) indicate the net quantity of a pre-packaged commodity, or
(e) express in relation to any transaction or protection, any quantity or dimension, otherwise than in accordance with the standard unit of weight, measure or numeration.
(2) The provisions of sub-section (1) shall not be applicable for export of any goods, things or service.		 1. Section 33 of the 76 Act related to inter-state trade or commerce.
2. Section 11 of the '85 Act in respect of intra-state trade
12 Any custom, usage, practice or method of whatever nature which permits a person to demand, receive or cause to be demanded or received, any quantity of article, thing or service in excess of or less than, the quantity specified by weight, measure or number in the contract or other agreement in relation to the said article, thing or service, shall be void. 1. Section 34 of the 76 Act related to inter-state trade or commerce.
2. Section 34 of the '85 Act in respect of intra-state trade.
Appointment and Powers of Director, Controller and Legal Metrology Officers
13(1) A Director of Legal Metrology and other officers under him are appointed by the GOI for exercising the powers and discharging the duties under the Act in relation to inter-State trade and Commerce. Section 28 of the SoWM Act, 1976
2. The jurisdiction of the Director is now defined.
14(1) A Controller of Legal Metrology, Additional Controller, Joint Controller, Deputy Controller, Assistant Controller, Inspector and other employees for the State will be appointed by the Sate Governments for exercising the powers and discharging the duties under the Act in relation to intra-State trade and commerce. Section 5(1) of the SoWM (Enf) Act, 85.
2. The jurisdiction of a Controller is now defined.
3. It speaks of appointing Inspectors but the term is not used elsewhere in the Act. Presumably, the Inspectors will function as Legal Metrology Officer.
13(5) The Director, the Controller and every Legal Metrology Officer 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. Section 28(5) of 76 Act and Section 7 of the '85 Act amalgamated.
13(6) No suit, prosecution or other legal proceeding shall lie against the Director, the Controller and Legal Metrology Officer 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 the Act or any rule or order made thereunder. Section 28(6) of 76 Act and Section 8 of the '85 Act amalgamated.
2. Power of the Controller to authorize Inspectors to adjust weight or measures (S. 6 of '85 Act has find no place in the new Act.
15 (1) The Director, Controller or any Legal Metrology Officer may
(a) enter at any reasonable time into any such premises and search for and inspect any weight, measure or other goods in relation to which trade and commerce has taken place, or is intended to take place and any record, register or other document relating thereto;
(b) seize any weight, measure or other goods and any record, register or other document or article which he has reason to believe may furnish evidence indicating that an offense punishable under this Act has been, or is likely to be, committed in the course of, or in relation to, any trade and commerce.
(2) The Director, Controller or any Legal Metrology Officer may also require the production of every document or other record relating to the weight or measure referred to in sub-section (1) and the person having the custody of such weight or measure shall comply with such requisition.		 1. The Director, the Controller and all Legal Metrology Officers now enjoy the same power.
2. Section 29 of the SoWM Act, 1976 amalgamated with Sections 27 to 31 of the SoWM (Enf) Act, 1985.
3. For search and seizure, the authorization of the Controller will not be required.
4. The provision empowering obliterating stamp on a weight or measure S. 28 (3) of the Enforcement Act, has been shifted to Rule 14(7) of the State Rules.
Provisions related to manufacturer, dealer, repairer, user, packer and importers
17 (1) Every manufacturer, repairer or dealer of weight or measure shall maintain such records and registers as may be prescribed.
(2) The records and registers maintained under sub-section (1) shall be produced at the time of inspection to the persons authorized for the said purpose under section 15(1).		 1. Section 36 of the SoWM Act, 1976
2. Section 23 of the SoWM (Enf) Act, 1985.
3. But, the power of Director and Controller for exemption withdrawn.
18 (1) No person shall manufacture, pack, sell, import, distribute, deliver, offer, expose or possess for sale any pre-packaged commodity unless such package is in such standard quantities or number and bears thereon such declarations and particulars in such manner as may be prescribed under the LM (PC) Rules.
(2) Any advertisement mentioning the retail sale price of a pre-packaged commodity shall contain a declaration as to the net quantity or number of the commodity contained in the package in such form and manner as may be prescribed in the PC Rules.		 1. Section 39 of the SoWM Act, 1976 thoroughly revised. All the provisions regarding packaged commodities have been shifted to the LM (Packaged Commodities) Rules, 2011
2. The use of words "when packed" restored in the Rules.
3.The power to enforce provisions regarding Packaged Commodities was devolved on State governments vide Section 33(1). Now, under the new Act, the State Governments may directly implement the provisions.
3. However, the power of State Governments to frame Rules on packaged commodities [S. 33(2)] is withdrawn.
19 No person shall import any weight or measure unless he is registered with the Director in such manner and on payment of such fees, as may be prescribed (under the General Rules). 1. Section 47 of the SoWM Act, 76
2. Now, exporters are exempted.
20 No weight or measure, whether singly or as a part or component of any machine shall be imported unless it conforms to the standards of weight or measure. Section 49 of the SoMW Act, 1976, leaving out exceptions for import of non-metric or non-standard W & M and their subsequent modifications.
22 Every person, before manufacturing or importing any weight or measure shall seek the approval of model of such weight or measure in such manner, on payment of such fee and from such authority as may be prescribed (under LM (Approval of Model) Rules):
Provided that such approval of model may not be required in respect of any cast iron, brass, bullion, or carat weight or any beam scale, length measures (not being measuring tapes) and capacity measures, not exceeding twenty litres		 1. Section 36 of the SoWM Act, 76
2. Now, W & M intended for domestic use exclusively or for use of medical profession are not exempted.
3. Detail procedures (sub-sections 3 to 12 and section 37 and 38) for approval of models has been shifted to the LM (Approval of Model) Rules, 2011.
4.Power of State Governments u/s 73 of the SoWM (Enf) Act, '85, to approve model of w & m to be sold within the State now stands deleted.
23 (1) No person shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a licence issued by the Controller under sub-section (2):
(2) For the purpose of sub-section (1), the Controller shall issue a licence in such form and manner, on such conditions, for such period and such area of jurisdiction and on payment of such fee as may be prescribed (under the State Enforcement Rules).		 Section 19 and 20 of the SoWM (Enforcement) Act, 1985
2. The formalities, cancellations etc. have been shifted to the State Enforcement Rules.
3.Licenses are now valid for a minimum period of one year and renewable up to 5 years.
4. Section 67 of the SoWM (Enforcement) Act, 1985 regarding transfer or transmission is now stands deleted.
5. Section 68 of the SoWM (Enforcement) Act, 1985 is now shifted to the State Rules.
Provisions related to verification and stamping
24(1) Every person having any weight or measure in his possession, custody or control in circumstances indicating that such weight or measure is being, or is intended or is likely to be, used by him in any transaction or for protection, shall, before putting such weight or measure into such use, have such weight or measure verified at such place and during such hours as the Controller may, by general or special order, specify in this behalf, on payment of such fees as may be prescribed. Section 24(1) of the SoWM (Enforcement) Act, 1985 with the expression "industrial production" dropped.
SS 2 on re-verification.
2. All other provisions of Section 24 shifted to State Rules except period of re-verification which is now listed in the General Rules.
24(2), (3), (4) Setting up Government Approved Test Centres for verification of certain kinds of weights and measures. A wholly new concept but the Central Govt. is yet to issue any notification.
Miscellaneous Provisions
49(1) Where an offense under this Act has been committed by a company,-
(a) (i) the person, if any, who has been nominated under sub-section (2) to be in charge of, and responsible to, the company for the conduct of the business of the company (hereinafter in this section referred to as a person responsible); or
(ii) where no person has been nominated, every person who at the time the offense was committed was in charge of, and was responsible to, the company for the conduct of the business of the company; and
(b) the company,
shall be deemed to be guilty of the offense and shall be liable to be proceeded against and punished accordingly:		 Nomination of Director is a wholly new concept.
2. Section (1) and (2) of the SoWM Act, 1976 and Section 62 (1) and (2) of the SoWM (Enforcement) Act, 1985.
3. The company is directly and distinctly added to the list. Now, the company itself will be indicted in every case of offense committed.