State Act

2

Section 2. Definitions

THE UTTAR PRADESH WEIGHTS AND MEASURES (ENFORCEMENT) ACT, 1959

Act no. 5 of 19591959In forceUttarakhand (State Act)

2- In this Act, unless the context otherwise requires- (a) "Central Government" means Central Government, as defined in section 3 (8) of the General Clauses Act, 1897, Act X of 1897 ; (b) "Commercial weight or measure" means a weight or measure purporting to be a standard weight or measure used in any transaction for trade or commerce; (c) "Controller" means the Controller of 'Weights and Measure" appointed under section 14, and shall include Deputy Controller or Assistant Controller ; (d) "Inspector" means an Inspector of Weights and Measures, appointed under section l4; [(e) "measuring instrument" means any measuring instrument other than a weighing instrument and includes any instrument for determining the length, area, volume, capacity, quality, temperature or density of any article;]1 [(f) "Mint" has the same meaning as in the Indian Coinage Act, 1906;]2 (g) "Prescribed" means prescribed by rules made under this Act; (h) "Standard weight or measure" means any unit of mass or measure referred to in sub-section (1) of section 13 of the standards of weights and Measures Act, 1956, (and includes any other weight measure permitted to be used by the central Government in pursuance of sub-section (1) of section 14 of the aforesaid Act; (i) "Reference standards" means the sets of standard weights and measures supplied to the State Government by the central Government in pursuance of sub-section (2) of section 15 of the standards of Weights and Measures Act, 1956 (Act 89 of 1956); [(ii) "sealed package of container", means a closed packet, beetle, casket, tin, barrel, case, receptacle, bag, sack, wrapper or the thing in when any article is placed or packed and which is intendment to be sold with its contents without any weighment or measurement of such contents at the time of sale;]3 (j) “Stamping” means marking in such manner as to be to far as practicable, indelible and includes casting, engraving, etching and branding ; [(jj) “use in transactions for trade or commerce”, with its grammatical variations and cognate expressions, means use for the purpose of determining or determining or declaring the quantity of anything in terms of measurement of length, area, volume, capacity or weight in or in connection with— (a) any contract, whether by way of sale, purchase, ex-change of otherwise; or (b) any assessment of royalty, toll, duty or other dues or (c) the assessment of work done or services rendered, otherwise than in relation to research or scientific studies or in individual house-hold purposes;]4 (k) "Verification" with its grammatical variations used with reference to a weight or measure or weighing or measuring instrument, includes the process of comparing, checking or testing such weight or measure or weighing or measuring instrument and also includes re-verification ; (1) "Weighing instrument" means any instrument for weighing and includes scales with the weights belonging thereto, scale-beams, balances, spring balances [steelyards]1 and other weighing machines.