Updated: Monday January 18, 2010/AlEthnien
Safar 03, 1431/Somavara
Pausa 28, 1931, at 10:40:03 PM
The
(W.P.
Ord. XXXIII of 1965)
C O N T E N T S
Sections
PART
I
PRELIMINARY
1. Short
title, extent and application.
2. Definitions.
PART
II
STANDARD
OF WEIGHTS AND MEASURES
3. Secondary
Standards.
4. Working
Standards.
5. Weighing
and measuring instruments.
6. Prohibition
of weights and measures other than standard weights and measures for purposes
other than measurement of land.
7. Licensing
of manufactures, etc., weights, measures, etc.
PART
III
VERIFICATION
AND STAMPING
OF WEIGHTS AND MEASURES
8. Denomination
to be indicated.
9. Stamping
and verification of weights and measures.
10. Use
of weighing or measuring instrument not verified and stamped prohibited.
11.
12. Provision
of means of verification and stamping.
13. Appointment
of Inspector of weights and measures.
14. Inspector
to enter into recognizance.
15. Verification
and stamping by Inspector.
16. Power
to inspect weights, etc., and to enter shops, etc., for that purpose.
17. Inspector
not to be maker, seller or adjuster of weighing or measuring instruments.
18. Inspector
to be public servant.
19. Government
may determine difference.
20. Levy
of fees.
21. Validity
of weights and measures, etc., duly stamped.
22. Stamped
weights, etc., to be prima facie deemed
correct in any Court.
PART
IV
PENALTIES
23. Penalty
for fraudulent use of weights etc.
24. Penalty
for making, selling or disposing of false or defective weight, measure, etc.
25. Penalty
for carrying on the business of manufacturing, etc., of weights, etc., without
obtaining licence.
26. Penalty
for sale of weights or measures other than standard weights or measures.
27. Penalty
for use and possession of weight, measure, etc., not authorised.
28. Penalty
for giving short weight or measure.
29. Penalty
for sale or delivery of weight or measure, etc., not verified or stamped.
30. Penalty
for forging, etc., of weights, measures etc.
31. Penalty
for neglect or refusal to produce weight for inspection.
32. Penalty
for breach of duty by Inspector.
PART
V
MISCELLANEOUS
33. Protection
to persons acting in good faith.
34. Cognizance
of offences.
35. Delegation
of powers by Government.
36. Power
to prescribe the amount of error to be tolerated.
37. Power
to exempt specified persons, articles or trades from provisions of this
Ordinance.
38. Powers
of Government to make rules.
39. Repeal
and savings.
SCHEDULE
[1][1]THE [2][2][
(W. P. Ordinance XXXIII of
1965)
[
An
Ordinance to consolidate the law regulating the use of weights and measures in
the Province of [3][3][the
Preamble.— WHEREAS it is expedient to consolidate the law
regulating the use of weights and measures in the Province of [4][4][the
AND
WHEREAS the Provincial Assembly is not in session and the Governor of West
Pakistan is satisfied that circumstances exist which render immediate
legislation necessary;
Now, THEREFORE, in pursuance of the powers vesting in him
under clause (1) of Article 79 of the Constitution, the Governor of West
Pakistan is pleased to make and promulgate the following Ordinance:-
PART
I
PRELIMINARY
1. Short title, extent and application.— (1) This Ordinance may be called the [5][5][
(2) It extends to whole of the Province of [6][6][the
(3) Part I shall come into force at once.
Parts II, III and V shall come into force in the whole or any specified area of
the Province from such date or dates as Government may, by notification in the
official Gazette, specify in this behalf, and different dates may be specified
for the coming into force of different parts.
(4) Part IV shall come into force in an area
or part of the Province on the expiry of three months from the date on which
Parts II, III and V have been brought into force in such area or part.
2. Definitions.— In this Ordinance, unless the context
otherwise requires, the following expressions shall have the meanings hereby
respectively assigned to them that is to say—
(a) “Government” means the [7][7][Provincial Government of the
(b) “Inspector” means an Inspector of weights and
measures and weighing or measuring instruments appointed under section 13;
(c) “measuring instrument” includes any instrument
for the measurement of length, area, energy, capacity or volume, other than an
instrument used exclusively for the measurement of land;
(d) “prescribed” with its grammatical variations
means prescribed by rules made under this Ordinance;
(e) “Reference Standard” means—
(i) in
relation to weights, the set of standard weights supplied by the [8][8][Federal Government] to the Provincial
Government under sub-section (2) of section 4 of the Standards of Weight Act,
1939;
(ii) in
relation to measures of capacity, the set of standard measures of capacity
provided by the [9][9][Federal Government] under section 6 of the
Weights and Measures of Capacity Act, 1871; and
(iii) in relation to measures
of length, the copy of the Imperial Standard Yard kept by the Provincial
Government under the provisions of section 3 of the Measures of Length Act,
1889;
(f) “rules” means rules made under section 38;
(g) “Secondary Standards” means the weights and
measures prepared under section 3;
(h) “trade” includes any dealing or contract other
than a dealing or contract in respect of land;
(i) the expressions “verification” or
“re-verification” with their grammatical variations, used with reference to a
weight or measure or weighing or measuring instrument, include the process of
comparing, checking or testing such weights or measures or weighing or
measuring instruments;
(j) “weighing instruments” include scales, with
the weights appertaining thereto, scale beams, balances, spring balances,
steel-yards, weighing machines and other instruments for weighing; and
(k) “Working Standards” means the weights and
measures provided under section 4.
PART
II
STANDARD
OF WEIGHTS AND MEASURES
3. Secondary Standards.— (1) For the purpose of verifying the working
standards, such standard weights and measures as Government may direct shall be
prepared by such authority or person as may be approved by Government, and such
weights and measures shall be made of such material, be of such weight, length,
form and specifications and made in such manner as may be prescribed and shall
be stamped in such manner as Government may approve.
(2) The standard weights and measures so
prepared and stamped shall be called Secondary Standards.
(3) The Secondary Standards shall be kept at
such places and by such officers as may be specified by Government.
(4) The Secondary Standards shall be
verified or re-verified with the Reference Standards within the prescribed
period and shall be adjusted or renewed, if necessary, and shall be marked with
the date of verification in the prescribed manner by such officer as Government
may direct.
(5) A Secondary Standard which is not so
verified, adjusted or renewed and marked within the prescribed period shall not
be deemed to be legal and shall not be used for the purposes of this Ordinance.
4. Working Standards.— (1) For the purpose of verifying weights and
measures in use, Government may provide such standard weights and measures,
which conform to the Reference Standard, as it thinks fit to be working
standards, and they shall be verified with the Secondary Standards before being
stamped.
(2) A Working Standard shall not be deemed legal
or be used for the purposes of this Ordinance, unless it has been verified or
re-verified and marked in the prescribed manner, within such period as may be
prescribed before the time at which it is used.
(3) A Working Standard which has become
defective shall not be legal or used for the purposes of this Ordinance until
it has been re-verified and marked in the prescribed manner.
(4) The Working Standards shall be kept at
such places, in such manner and by such persons as may be prescribed.
5. Weighing and measuring instruments.— (1) Weighing and measuring instruments
stamped in the prescribed manner by such officer as Government may direct shall
be kept at all places where Secondary Standards or Working Standards are kept.
(2) Such instruments shall be of such kind,
kept in such manner and shall be verified, adjusted or renewed in such manner
as may be prescribed in this behalf.
6. Prohibition of weights and measures
other than standard weights and measures for purposes other than measurement of
land.— (1) Notwithstanding
anything contained in any law for the time being in force but subject to the
provisions contained in section 37, all dealings or contracts, other than
dealings or contracts in respect of land, had or made in any area, for any work
to be done or goods to be sold or delivered by weight or measure shall be
deemed to be had or made according to one of the standard weights or measures
specified in this Ordinance, or to multiples or sub-multiples thereof, and it
shall not be lawful to use any other weights or measures in relation to any
such dealing or contract.
(2) Any
dealing or contract had or made in contravention of the provisions of
sub-section (1) as far as it contravenes the said provisions, shall be void,
unless it is proved that such dealing or contract was had or made without
intention to contravene the said provisions.
7. Licensing
of manufactures, etc., weights, measures, etc.— (1) No person shall,
after a date notified in this behalf by Government, carry on or continue to
carry on the business of manufacturing, repairing or selling any weight,
measure, measuring instrument or weighing instrument unless he holds an
effective licence under this Ordinance.
(2) A licence under sub-section (1) may be
granted by such authority, for such period, in such form, on such conditions
and on payment of such fees as may be prescribed.
PART
III
VERIFICATION
AND STAMPING OF WEIGHTS AND MEASURES
8. Denomination
to be indicated.— (1) Every weight which conforms to the provisions of this Ordinance and
the rules made thereunder, except where the small size of the weight renders it
impracticable, shall have the denomination thereof cast in the body or stamped
or engraved on the top or side thereof, in legible figures and letters.
(2) Every measure of length, area, capacity
or volume which conforms to the provisions of this Ordinance and the rules made
there-under shall have the denomination thereof cast in the body or stamped or
engraved on the outside of such measure in legible figures and letters.
(3) A weight or measure which does not
conform to the provisions of this section shall not be stamped in accordance
with the provisions of this Ordinance or the rules made there-under.
9. Stamping and verification of weights
and measures.— No weight or
measure shall be used for trade unless it has been verified or re-verified and
stamped in the prescribed manner by an Inspector with a stamp of verification
under this Ordinance.
10. Use of weighing or measuring instrument not
verified and stamped prohibited.— No weighing or measuring instrument shall be used for trade unless it
has been verified or re-verified within the period fixed and stamped in the
prescribed manner by an Inspector with a stamp of verification.
11.
12. Provision of means of verification and
stamping.— Government shall
provide proper and sufficient means for verifying, adjusting and stamping
weights and measures and weighing or measuring instruments in all headquarter
towns in the Districts and at such other places as Government may determine.
13. Appointment
of Inspector of weights and measures.— There shall be appointed a sufficient number of
persons with the prescribed qualifications as Inspectors for keeping the
Secondary and Working Standards in safe and proper custody and for the
discharge of the other duties of Inspectors under this Ordinance and the rules
made there-under.
14. Inspector to enter into recognizance.— Every Inspector shall forthwith on his
appointment enter into a recognizance with Government, in such sum as may be
prescribed, for the due performance of the duties of his office for the due
payment at the time and in the manner required by Government of all moneys
received by him under this Ordinance and for the safety of the Secondary and
Working Standards and the stamps and appliances for verification committed to
his charge and for their due surrender immediately on ceasing to hold office.
15. Verification
and stamping by Inspector.— (1) Every Inspector shall, for the purposes of the
verification of weights and measures and weighing and measuring instruments,
attend at such time and place within his jurisdiction as may be appointed in
this behalf by Government.
(2) An Inspector shall verify every weight
or measure or weighing or measuring instrument which is brought to him for the
purpose of verification or re-verification, and if he finds such weight or
measure or weighing or measuring instrument correct, he shall stamp the same
with a stamp of verification in the prescribed manner.
16. Power to inspect weights, etc., and to enter
shops, etc., for that purpose.—
An Inspector may—
(a) at
all reasonable times, inspect all weights and measures and weighing or
measuring instruments within the area under his charge which are used or are in
the possession of any person and may verify every such weight or measure or
weighing or measuring instrument with a Secondary or Working Standard or a
weighing or measuring instrument prescribed for the purpose;
(b) for the purpose of such inspection, at all
reasonable times, enter any place where weights and measures and weighing or
measuring instruments are used or kept for purposes of trade and inspect such
weights and measures and weighing or measuring instruments; and
(c) seize and detain any weight or measure or
weighing or measuring instrument regarding which an offence under this
Ordinance appears to have been committed or which appears to have been or which
may be used for the commission of such offence.
17. Inspector not to be maker, seller or
adjuster of weighing or measuring instruments.— An Inspector shall not derive any profit
from or be employed in the making, adjusting or selling of weights or measures
or weighing or measuring instruments:
Provided
that in any area in which it appears to Government desirable that an Inspector
shall be allowed to adjust weights or measures or weighing or measuring
instruments, Government may authorise such Inspector to adjust weights,
measures or such instruments accordingly.
18. Inspector to be public servant.— Every Inspector shall be deemed to be a
public servant within the meaning of section 21 of the Pakistan Penal Code[10][10].
19. Government may determine difference.— If any difference arises between an
Inspector and any person interested as to the method of verifying, adjusting or
stamping any weight or measure or weighing or measuring instrument, such
difference may, at the request of the party interested or by the Inspector of
his own accord, be referred to such officer as Government may direct, and the
decision of such officer shall, subject to the provisions of sub-section (2),
be final.
(2) An appeal shall lie within the time
prescribed from the decision under sub-section (1) to Government or to such
officer or authority as Government may appoint in this behalf.
(3) Any decision made under sub-section (2)
shall be final.
20. Levy of fees.— Government shall charge such fees as may be
prescribed for the verification or re-verification, marking, adjusting and
stamping of weights and measures or weighing instruments.
21. Validity of weights and measures, etc., duly
stamped.— A weight or
measure or measuring or weighing instrument duly stamped by an Inspector under
this Ordinance shall be legal weight or measure in all places in which this
part has come into force, unless false or defective, and shall not be liable to
be re-stamped because used in any place other than that in which it was
originally stamped.
22. Stamped weights, etc., to be prima facie deemed correct in any
Court.— A weight or measure
or weighing or measuring instrument duly stamped under the provisions of this
Ordinance or the rules made there-under shall be deemed to be correct, until
its inaccuracy is proved, if it is produced in any Court by any public servant
having charge thereof under the direction of Government or by any person acting
under the general or special authority of such public servant.
PART
IV
PENALTIES
23. Penalty for fraudulent use of weights etc.— Whoever fraudulently uses any weight or
measure or weighing or measuring instrument shall be punished with imprisonment
of either description for a term which may extend to three months, or with fine
which may extend to five hundred rupees, or with both.
24. Penalty for making, selling or disposing of
false or defective weight, measure, etc.— Whoever makes, sells or disposes of or causes to be made, sold or
disposed of any weight or measure or weighing or measuring instrument which he
knows or has reasons to believe to be false or defective, shall be punished
with rigorous imprisonment for a term which may extend to three months, or with
fine which may extend to five hundred rupees, or with both.
25. Penalty for carrying on the business of
manufacturing, etc., of weights, etc., without obtaining licence.— Whoever carries on the business of
manufacturing or selling any weight, measure, or weighing or measuring
instrument without having in his possession an effective licence under section
7 shall be punished with imprisonment for a term which may extend to three
months, or with fine which may extend to five hundred rupees, or with both.
26. Penalty for sale of weights or measures
other than standard weights or measures.— Whoever sells or causes to be sold any article by any denomination of
weight or measure other than one of the standard weights or measures or any
authorised, integral multiple or sub-multiple thereof, shall be punished with
fine which may extend to five hundred rupees.
27. Penalty for use and possession of weight,
measure, etc., not authorised.—
Whoever uses or has in his possession for use for trade any weight or measure
or weighing or measuring instrument which is false or defective, or not
authorised, verified, re-verified or stamped under or in accordance with the
provisions of this Ordinance and the rules made there-under shall be punished
with fine which may extend to five hundred rupees, and any trade had or made by
such weight or measure or weighing or measuring instrument shall be void.
Explanation— Where any such weight or measure or weighing
or measuring instrument is found at any premises which are used by a trader for
trade, such trader shall be presumed, until the contrary is proved, to have had
such weight or measure or weighing or measuring instrument in his possession
for use for trade.
28. Penalty for giving short weight or measure.— Whoever in selling any article by weight or
measure delivers or causes to be delivered to the purchaser a less weight or
measure than is purported to be sold shall, if the less weight or measure exceeds
the amount of error prescribed under section 36, be punished with imprisonment
which may extend to six months, or with fine which may extend to five hundred
rupees, or with both.
29. Penalty for sale or delivery of weight or
measure, etc., not verified or stamped.— Whoever sells or causes to be sold or delivered any weight or measure
or weighing or measuring instrument not verified or re-verified and stamped in
accordance with the provisions of this Ordinance shall be punished with fine
which may extend to one thousand rupees.
30. Penalty for
forging, etc., of weights, measures etc.— (1) Whoever forges or counterfeits any stamp used
under this Ordinance for the stamping of any weight or measure or weighing or
measuring instrument or removes a stamp from any weight or measure or weighing
or measuring instrument and inserts the same into another weight or measure or
weighing or measuring instrument or willfully increases or diminishes a weight
or measure so stamped shall be punished with rigorous imprisonment for a term
which may extend to six months, or with fine which may extend to five hundred
rupees, or with both.
(2) Whoever knowingly uses, sells, or causes
to be sold, or utters, disposes of or exposes for sale, any weight or measure
or weighing or measuring instrument with such forged or counterfeit stamp
thereon, or a weight or measure so increased or diminished shall be punished
with rigorous imprisonment for a term which may extend to six months, or with a
fine which may extend to five hundred rupees, or with both.
31. Penalty for neglect or refusal to produce
weight for inspection.—
Whoever neglects or refuses to produce for inspection all weights, measures and
weighing or measuring instruments in his possession or on his premises or
refuses to permit an Inspector authorised to examine the same or any of them or
obstructs the entry of the Inspector under section 16 or otherwise obstructs or
hinders him in the performance of his duties shall be punished with fine which
may extend to five hundred rupees.
32. Penalty for breach of duty by Inspector.— If an Inspector knowingly stamps a weight or
measure or weighing or measuring instrument in contravention of the provisions
of this Ordinance or of the rules made there-under or is guilty of a breach of
any duty imposed on him by this Ordinance or the rules made there-under, he
shall be punished with imprisonment of either description for a term which may
extend to one year, or with fine which may extend to one thousand rupees, or
with both.
PART
V
MISCELLANEOUS
33. Protection to persons acting in good faith.— No suit, prosecution or other legal
proceeding shall be instituted against any person for anything which is in good
faith done or intended to be done under this Ordinance or the rules made there-under.
34. Cognizance of offences.— No prosecution under this Ordinance shall be
instituted except by or with the previous sanction of the officer or authority
specially empowered by Government in this behalf.
35. Delegation of powers by Government.— Any of the powers and duties conferred and
imposed upon Government by this Ordinance may be exercised and performed,
subject to such conditions as Government may think fit, by any person or
authority whom Government may, by general or special order, empower in this behalf.
36. Power to prescribe the amount of error to be
tolerated.— Government may
prescribe the amount of error to be tolerated in selling articles by weight or
measure generally or as regards any trade or class of trades.
37. Power to exempt specified persons, articles
or trades from provisions of this Ordinance.— Government may, by notification in the official Gazette, and subject
to such conditions and restrictions as it may think fit to impose, exempt any
class of persons, any commodity, trade, or any weighing or measuring
instruments, used or intended to be used for any purpose other than the trade
specified in the notification, from all or any of the provisions of this
Ordinance.
38. Powers of Government to make rules.— (1) Government may, after previous
publication, make rules for carrying into effect the purposes of this
Ordinance.
(2) Without prejudice to the generality of
the foregoing powers, such rules may prescribe—
(a) the
places at which and the custody and manner in which Reference Standards shall
be kept;
(b) the
composition, form and specification of Secondary Standards and the manner in
which they shall be made;
(c) the
places at which and the custody and manner in which Secondary Standards shall
be kept;
(d) the
procedure for the verification, re-verification, adjustment or renewal of
Secondary Standards and for marking them with the dates of their verification
and re-verification;
(e) the
period during which verification or re-verification of Secondary Standards
shall take place;
(f) the
composition, form and specifications and use of Working Standards, the manner
in which such standards shall be provided, the agency by whom and the manner in
which such standards shall be stamped, and the places at which and the custody
and manner in which such standards shall be kept;
(g) the
procedure for the verification or re-verification and marking of Working
Standards and the person by whom and the place where they shall be verified or
re-verified or marked, and the period during which the verification,
re-verification or marking shall take place;
(h) the
number of weighing and measuring instruments to be kept and necessary
particulars regarding the same;
(i) the
authority by whom certified scales shall be provided for the purposes of this
Ordinance and the rules made there-under, and the manner in which they shall be
verified or re-verified;
(j) the
composition, form, specifications, manufacture and sale of weights and measures
in use;
(k) the
inspection, verification, re-verification, adjustment, and stamping of weights
and measures and weighing or measuring instruments in use, including the
prohibition of stamping in cases where the nature, denomination, material or
mode of construction of the weight or measure or weighing or measuring instrument
appears likely to facilitate the commission of fraud, and the period within
which such weights and measures and weighing or measuring instruments shall be
verified or re-verified;
(l) the
circumstances and the conditions under which and the manner in which stamps may
be obliterated or defaced;
(m) the
tests to be applied for the purpose of ascertaining the accuracy and efficiency
of weighing or measuring instruments;
(n) the
limit of error to be allowed on verification or re-verification and to be
tolerated on inspection either generally or as regards any trade;
(o) the
amount of error to be tolerated in weights and measures and weighing or
measuring instruments used or intended to be used for trade;
(p) the
amount of error to be tolerated in selling articles by weight or measure
generally or as regards any trade or class of trade;
(q) the
fees to be charged for the verification, re-verification, marking, adjustment
and stamping or weights and measures and weighing or measuring instruments and
the collection and levy of the same;
(r) the
seizure, detention and destruction of weights and measures and weighing or
measuring instruments which are not authorised by this Ordinance; and
(s) the
qualifications, functions and duties of Inspectors.
[11][11][(3) Rules
made under this section may provide that any contravention thereof shall be
punishable with fine which may extend to one thousand rupees].
39. Repeal and
savings.—
(1) On the coming into force of this Ordinance in any area, the enactments
mentioned in the Schedule shall, and in so far as applicable to that area, be
repealed. In the event of specified provisions of this Ordinance being applied
to certain areas, the corresponding provisions of such enactments shall stand
repealed.
(2) Notwithstanding the repeal of the
enactments specified in the Schedule, all appointments made, notifications and
notices issued, rules, bye-laws and orders made, contracts entered into and
suits and other proceedings instituted under any of the repealed enactments shall,
in so far as they are not inconsistent with the provisions of this Ordinance
and the rules made there-under, continue in force and be deemed to have been
made, issued, entered into and instituted under this Ordinance.
SCHEDULE
(See SECTION 39)
|
Serial
No. |
Year |
Enactment
No. |
Short title |
|
1 |
1932 |
XV |
The |
|
2 |
1932 |
XV |
The Bombay Weights and Measures Act, 1932, as
applicable to |
|
3 |
1941 |
XII |
The |
|
4 |
1946 |
.. |
The |
|
5 |
1947 |
XXIII |
The |
[1][1]This Ordinance was
promulgated by the Governor of West Pakistan on
[2][2]Substituted by the
[3][3]Ibid.
[4][4]Ibid.
[5][5]Ibid.
[6][6]Ibid.
[7][7]Substituted by the
[8][8]Substituted ibid., for “Central Government”.
[9][9]Ibid.
[10][10]XLV of 1860.
[11][11]Added by
the
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