Power to make rules

Section 44 of the Assam Weights and Measures (Enforcement) Act, 1958 deals with power to make rules. The State Government may, by notification in the Official Gazette, make rules to carry out the purpose of this Act.

(1) The State Government may, by 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 material of which and the designs and specifications according to which working standards may be made, the agency by which such standards may be prepared, the person by whom or the authority by which and the manner in which such standards may be stamped and authenticated ; the places at which and the custody and manner in which such standards may be kept ;

(b) the procedure for the verification or re-verification and marking of working standards, the person by whom, the places at which and the intervals at which, they may be marked ;

(c) the material of which and the designs and specifications according to which secondary standards may be made, the places at which and the custody and manner in which such standards may be kept ;

(d) the procedure for the verification or re-verification and marking of secondary standards and the manner in which they may be marked ;

(e) the number of weighing and measuring instruments to be kept, the manner in which they may be verified and stamped and necessary particulars regarding the same ; ( f.) the manner in which commercial weights and measures may be marked by manufacturers ;

(g) the form and manner in which, and the conditions subject to which licenses may be granted to persons for manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments ;

(h) the qualifications, functions and duties generally of Assistant Controllers and Inspectors under this Act ;

i) verification and stamping of weights and measures and weighing and measuring instruments and the period within which they are to be re-verified ;

(j) inspection of weights and measures and weighing and measuring instruments used in transactions for trade or commerce ;

(k) the seizure, detention and disposal of weights and measures which are not authorised by this Act ;

(l) the books, 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 ;

(m) the limits of error which may be tolerated in secondary or working standards ;

(n) the limits of error which may be tolerated in weights and measures and weighing and measuring instruments used or intended to be used in transaction for trade or commerce ;

(0) the limits of error which may be tolerated in selling articles by weights and measures generally or as regards any trade or class of trades ;

(p) the form and manner in which appeals may be preferred and the procedure for hearing appeals ;

(q) the fees which may be charged under sections 13 and 21 and the collection and levy of the same ;

(r) any ¿ ther matter which has to be, or may be, prescribed ;

(s) the material, form and specification and manufacture and sale of commercial weights and measures and weighing and measuring instruments.

(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) All rules made under this Act shall be laid for not less than fourteen days before the State Legislature as soon as possible after they are made, and shall be subject to such modifications as the Legislature may make during the session in which they are so laid or the session immediately following. B. C. BARUA, Secy. to the Govt. of Assam, Law Deptt.

Section 44, The Assam Weights and Measures (Enforcement) Act, 1958 (Act 19 of 1959).