Weights and Measures Department 
Dated:27-01-2003
CIRCULAR NO. 2
Section 24 0f the Standards of Weights & Measures (Enforcement) Act, 1985 prescribes that 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 likely to be, used by him in any transaction or for industrial production or for protection, shall get his weight or measure verified before putting such weight or measure in use. This section also casts duty upon the Inspector Legal Metrology (ILM) to verify every weight or measure which is brought to him if he is satisfied that such weight or measure conforms to the standards established by or under the Standards Act and is required to put his stamp there on and issue a certificate in the prescribed form.
Section 19 of the Standards of Weights & Measures (Enforcement) Act, 1985 provides inter alia that no person shall make, manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a valid licence issued in this behalf by the Controller authorising such person to do so. The only exception as per this section is that a person who bona fide repairs any weight or measure owned and possessedby him shall not be required to take such licence.
Further section 26 (3) of the Standards of Weights & Measures (Enforcement) Act, 1985 provides that where a verified weight or measure has been repaired, whether by a licensed repairer or by the person owning and possessing the same, such weight or measure shall not be put into use unless it has been duly re verified and stamped.
The weight or measure is generally brought before the ILMs at our district laboratories either by the person owning and possessing the same or by the licensed repairers / manufacturers / dealers for verification / re verification. How ever some ILMs have raised query if the weight or measure can be verified and stamped if the same is brought before them by person who is neither owner nor employee of the owner of the weight or measure nor he has been granted any licence under section 19 of the Standards of Weights & Measures (Enforcement) Act, 1985 in respect of that particular weight or measure.
It is clarified that in view of the provisions of section 19, 24 and 26 as discussed above the ILMs can not entertain such person. All the ILMs are advised to follow the provisions of the Standards of Weights & Measures (Enforcement) Act, 1985 and the Standards Act and verify / re verify the weight or measure if the same is found to be conforming to the standards established by or under the Standards Act.
All the ILMs are advised to act as per above clarification and should also take action under section 19 / 42 of the Standards of Weights & Measures (Enforcement) Act, 1985 against such person in case any such instance comes to their notice.
Sd/-
(G.C. JOSHI)
CONTROLLER (W&M)
To all ILMs
Copy to: Associations dealing in Weights & Measures