State Act

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

43- (1) The State Government may, notification in the official Gazette, make rules to carry out the purpose of this Act. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely- [(a) the manner in which weight and measures and weighing and measuring instruments may be verified, re-verified and stamped under section 10 ;]2 (b) the manner in which weights and measures may be marked by manufacturers ; (c) the form and manner in which, the conditions' subject to which licences may be granted to persons for manufacture, repair or sale of [***]1 weights and measures and weighing and measuring instruments; (d) the qualifications, functions and duties generally of Inspectors under this Act ; (e) verification and stamping of weights and measures and weighing and measuring instruments and the period within which they are to be reverified ; [(f) inspection of weights and measures and weighing and measure instruments used in transaction for trade or commerce [or kept on premises where such transactions are usually carried on.]1 (g) the seizure, detention and disposal of [weights, measures, weighing and measuring instruments and other referred to in sub-section (4) of section 16 ;]2 (h) [ *** ]3 accounts and records relating to weights and measures and weighing and measuring instruments to be maintained and the manner in which they may be maintained or produced ; (i) the form and manner in which appeals may be preferred against decisions of Inspectors and the procedure for hearing appeals; (j) the material, form and specification [***]4 of commercial weights and measures and weighing and measuring instruments; [(j-1) the period within which an application for registration shall the made, the particulars that shall be contained therein, and the form in which the certificate of registration shall be issued, under section 8-A ;]5 (k) any other matter which has to be, or may be prescribed. (3) In making any rule under this section the State Government may provide that a breach thereof shall be punishable with fine which may extend to five hundred rupees. (4) The power to make rules under this section shall be subject to the condition of previous publication in the official Gazette. [(5) All rules made under this Act shall as soon as may be after they are made, be laid before each House of the State Legislature, while it is in session, for a total period of not less than fourteen days extending in its one session or more tl1an one successive sessions and shall, unless some later date is appointed, take effect from the date of their-publication in the Gazette, subject to such modifications of annulments as the two Houses of the Legislature may agree to make, so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done thereunder.]6