Company : Sol Infotech Pvt. Ltd. Website : www.courtkutchehry.com The Rajasthan Weights And Measures (Enforcement) Act, 1958 32 of 1958 CONTENTS CHAPTER 1 :- Preliminary 1. Short title, extent and commencement 2. Definitions CHAPTER 2 :- Standard Weights and Measures 3. Working standards 4. Secondary Standards 5. Reference standards 6. Standard weighing and measuring instruments 7. Prohibition of use of weights and measures other than standard weights and measures 8. Power to prescribe the use of weights only or measures only in certain cases CHAPTER 3 :- Verification and Stamping of Weights and Measures 9. Marking of denominations on commercial weights and measu res 1 0 . Prohibition of sale of unstamped commercial weights and measures 11. Prohibition of use of unstamped commercial weights or measu res 12. Power of State Government to exempt 13. Prohibition of manufacture etc. of weights and measures with out Iicense 14. Marking of weight or measure on sealed containers 15. xxx 16. xxx 17. Power to inspect etc 18. Power of Inspector or Assistant Inspector to adjust weights or measures 19. Manufacturers etc 20. Appeals 21. Levy of fees 22. Validity of weights and measures duly stamped CHAPTER 4 :- Penalties 23. Penalty for Sale or delivery by weight or measure other than standard weight or measure 2 4 . Penalty for sale of unstamped commercial weights and measures 2 5 . Penalty for use of unstamped commercial weights and measures 26. Penalty for manufacture of weights etc. without Licence 27. Penalty for use of weight or measure in contravention of section 8 2 8 . Penalty for failure to mark weight or measure on sealed containers 29. Penalty for fradulent use of weights, measures etc 30. Penalty for being in possession of false weight or measure etc 31. Penalty for making or selling false weight or measure etc 32. Penalty for giving short weight or measure 33. Penalty for forging etc. of weights, measured etc 34. Penalty for neglect or refusal to produce weight or measure etc. for inspection 35. Penalty for breach of duty by Inspector or Assistant inspector CHAPTER 5 :- Miscellaneous 36. Protection of action taken in good faith 37. Cognizacce of offences etc 38. Stamped weight etc. to be presumed to be a correct 39. Offences by companies 40. Delegation of powers 41. Limits of error to be tolerated in weights and measures 42. Power to make rules 43. Repeal The Rajasthan Weights And Measures (Enforcement) Act, 1958 32 of 1958 [In the Rajasthan Gazette, Extraordinary. Part I V-A, dated August 11, 1958] (Received the assent of the President on the 26th day of July, 1958) An Act to provide for the enforcement of standard weights and measures and for matters connected therewith. Be it enacted by the Rajasthan State Legislature in the Ninth Year of the Republic of India as follows CHAPTER 1 Preliminary 1. Short title, extent and commencement :- (1) This Act may be called The Rajasthan Weights and Measures (Enforcement) Act, 1958. (2) It extends to the whole of the State of Rajasthan. 1[(3) It shall come into force on such 1[date as the State Government may by notification in the Official Gazette, appoint; and different dates may be appointed for different provisions of this Act or for different areas or for different classes of undertakings or for different classes of goods. In exercise of the powers conferred by sub.section (3) of section 1 of the Rajasthan Weights and Measures (Enforcement) Act, 1958 (Rajasthan Act 32 of 1958) the State Government hereby appoints the 15th November, 1962, as the date on which the provisions of the said Act in so far as they relate to units of mass shall come into force in the whole of the State of Rajasthan except in relation to those classes of undertakings or those classes of goods in respect of which the provisions have said already con into force. 2. Definitions :- In this Act, unless the context otherwise requires-- (a) "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; (b) 1 or "Assistant [ means the [ her] or Assistant [ of Weights and Measures appointed under section 15; (c) "Inspector" or "Assistant Inspector" means an Inspector or Assistant Inspector of Weights and Measures appointed under section 15; (d) "measuring instrument" means any measuring instrument other than a weighing instrument and includes any instrument for measuring length, area, volume or capacity; (e) "Mint" means the Mint of the Central Government either in Bombay or in Calcutta; (f) "prescribed" means prescribed by rules made under this Act; (g) "reference standards" means the sets of standard wei and measures supplied to the State Government by the Central Goveri in pursuance of sub section (2) of section 15 of the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956); (Ii) "stamping" means marking in such manner as to be, so far as practicable, indelible and includes casting, engraving, etching and bran ding; (i) "standard weight or measure" means any unit a mass or mea sure referred to in sub-section (1) of section 13 of the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956), and includes any other weight or measure permitted to be used by the Central Government in pursuance of sub-section (1) of section 14 of the said Act; (j) "Verification" with its grammatical verifications, used with reference to a weight or measure of weighing or measuring instrument, includs the process of comparing checking or testing such weight or measure or weighing or measuring instrument and also includes re-verification; 1. Subs, by Sec. 2 of Raj. Act No. 37 of 1961, Pub, in Raj. Oaz. Pt. 1V.A, Extv.. dt. 24 (k) weighing instrument" means any instrument for weighing and nc1udes scales with the weights belonging thereto, scale-beams, balances, spring balances, steel yards and other weighing machines. CHAPTER 2 Standard Weights and Measures 3. Working standards :- (1) For the purpose of verifying the correct ness of commercial weights and measuring instrument used in transaction for trade or commerce, the State Government may cause to be prepared as many sets of authenticated standard weights and measures as it may deem necessary to be called the working standards, and special sets of working standards in relation to bullion and precious stones may also be prepared. (2) The working standards shall be made of such material and according to such designs and speci and shall be prepared and by such agency and shall be stamped and authenticated by such person or authority and in such manner as may be prescribed. (3) The working standards shall be kept at such places in such custody and in such manner as may be prescribed. (4) A working standard shall be verified with the secondary stand ard and marked by such persons, at such places, at such intervals and in such manner as may be prescirbed: Provided that a special working standard in relation to bullion. and precious stones shall be verified with the reference standard. (5) A working standard which is not so verified and marked within the prescribed period shall not be deemed legal or be used for the purposes of this Act. (6) A working standard which has become defective shall not be deemed legal or be used for the purposes of this Act until it has been veri fied and marked in the prescribed manner. 4. Secondary Standards :- (1) For the purpose of verifying the correctness of the working standards, the State Government may cause to be prepared at the Mint as many sets of authenticated standard weights and measures as it may deem necessary, to be called the secondary standards. (2) The secondary standards shall be made of such material and according to such design and specifications as may be prescribed and shall be stamped and authenticated by such person or authority as the Central Government may direct. (3) The secondary standards shall be kept at such places, in such custody and in such manner as may be prescribed. (4) A secondary standard shall be verified with the reference standard atleast once in every period of five years and shall be marked with the date of verification in thw prescribed manner by such person or authority. (5) A secondary standard which is not so verified and marked wi thii the aforesaid period shall not be deemed legal and shall not be used for the purposes of this Act. 5. Reference standards :- T h e reference standards shall be kept at such places, in such custody and in such manner as the State Government may direct. 6. Standard weighing and measuring instruments :- (1) For the purpose of verifying the correctness of commercial weights and measures and of weighing and measuring instruments used in transactions for trade or commerce, the State Government may cause to be prepared as many sets of weighing and measuring instruments as it may deem necessary. (2) Such instruments shall be of such kind and kept in such number and shall be verified and stamped in such manner as may be prescribed. (3) Such instruments shall be kept at all places where secondary standards or working standards are kept. 7. Prohibition of use of weights and measures other than standard weights and measures :- (1) Notwithstanding anything contained in any other law or any custom, usage or practice, no unit of mass or measure other than the standard weights or measures shall be used in any transactions for trade or commerce or any dealing or contract or for any work to be done or goods to be sold or delivered in and area or class of goods or undertaking in respect of which this Act has come in to force. (2) Any custom, usage, practice or method of whatever nature which permits in any trade a trader, seller or buyer to demand, receive or cause to be demanded on received any quantity of article in excess of or less than, the fixed by the weight or measure by which the contract or dealing in respect of the said article has been made, shall be void. (3) Any transaction, dealing or contract made or had after the expiry of three months from the commencement of this Act shall in so far as it contravenes the provisions of sub-section (1), be void. 8. Power to prescribe the use of weights only or measures only in certain cases :- (1) Notwithstanding anything contained in this Act, the State Government may, by notification in the Official Gazette, direct that in any specified trade or class of trades no transaction, dealing or contract shall be made or had except by weight only or except by measure only. (2) A notification issued under this section shall take effect in such area, with effect from such date, and subject to such conditions, if any, as may be specified therein. CHAPTER 3 Verification and Stamping of Weights and Measures 9. Marking of denominations on commercial weights and measu res :- Every weight or measure manufactured for us as a commercial weight or measure shall bear the description of the weight or measure, which it purports to be marked legibly on it in such manner as may be prescribed. 10. Prohibition of sale of unstamped commercial weights and measures :- No commercial weight or measure or weighing or measuring instrument shall be sold or delivered unless it has been verified or re-veri fied in accordance with the rules made under this Act and stamped in the prescribed manner by an Inspector with a stamp of verification. 11. Prohibition of use of unstamped commercial weights or measu res :- No weight or measure or measuring instrument shall be used in tran sactions for trade or commerce unless it has been verified or re-verified in accordance with the rules made under this Act and stamped in the prescri bed manner by an inspector with a stamp of verification. 12. Power of State Government to exempt :- Where the size of a commercial weight or measure renders it impracticable to have any denomination marked on it under the provisions of section 9 or to be stamped under the provisions of section 10 or section 11, the State Government may by notification in the Official Gazette, exempt such weights or measure from being so stamped. 13. Prohibition of manufacture etc. of weights and measures with out Iicense :- No person shall in course of trade, manufacture, repair or sell any commercial weight or measure or any weighing or measuring instrument, unless he has obtained in the prescribed manner a licence in this behalf from the State Government or any officer authorised by such Government. 14. Marking of weight or measure on sealed containers :- No person shall sell, offer for sale, expose for sale, or have in his posses sion for sale, any article contained in a sealed package or container un less such Package or bears thereon, or on a contained labels curely attached thereto, a description of the net weight or measure of the article contained therein: 1[Provided that provisions o f this section shall not apply to an article sold, offered for sale, exposed for sale or in possession for sale, which is not ordinarily sold in transactions for trade or commerce by weight or measure.] instrument correct and in conformity with the Standards of Weights and Measures Act, 1956 (Central Act 89 of 1956), and the rules made there under, he shall stamp the same with a stamp of verification in the prescribed manner. 15. xxx :- 16. xxx :- 17. Power to inspect etc :- (1) An Inspector or Assistant Inspector may, within the area under h i s jurisdiction, inspect at all reasonable times, the weights, measures and weighing and measuring instruments which are used in transactions for trade or commerce or are in the possession of any person or are on any premises for such use and may verify every such weight or measure or weighing or measuring instrument with a secondary or working standard or weighing or measuring instrument prescribed for the purpose. (2) For the purpose of verifying the correctness of any weight or measure used in any transaction, an Inspector or Assistant Inspector may also verify the weight or measure of any article sold or delivered in the course of the translation. (3) An Inspector or Assistant Inspector may, at all reasonable times, require any trader or any employee or agent of a trader to produce before him for inspection all weights, measures and weighing and measuring instruments which are used by him or are in his possession or are kept on any premises used for trade and all documents and records relating thereto and such trader, employee or agent shall comply with such requirement. (4) An Inspector or Assistant Inspector may seize and detain any weight or measure or weighing or measuring instrument regarding which an offence under this Act appears to have been committed or which appears to have been or which might be used in the commission of such an offence, and may also seize and detain any articles sold or delivered or caused to be sold or delivered by means of such weight or measure or weighing or measuring instrument together with any document or records relating thereto. ( Where an Inspector or Assistant Inspector has reason to believe that a sealed package or container does not actually contain the net weight or measure of the article which it purports to contain, the Inspector or Assistant Inspector may break open the sealed package or container and verify its contents; & if, on such verification, the net weight or measure of the article is found to be correct, the Inspector or Assistant Inspector shall reseal the package or container where it is possible so to do without injury to the contents thereof and attach certificate thereto stating the correct weight or measure of the article, but if on the other hand, the net weight or measure to the article is found to be incorrect, the Inspector or Assistant Inspector may seize and detain the package or container and the article contained therein. (6) For the purpose of such inspection, an Inspector or Assistant Inspector may at all reasonable times, enter into any place where weights measures or weighing or measuring instruments are used or kept for use in transactions for trade or commerce and inspect such weights and measures and weighing and measuring instruments. 18. Power of Inspector or Assistant Inspector to adjust weights or measures :- Where it appears to the State Government desirable that an Inspector or Assistant Inspector should be allowed in any area to adjust the thinks fit, authorise such Inspector or Assistant Inspector to adjust weights or measures or such instruments accordingly. 19. Manufacturers etc :- to maintain records and docu Every manufacturer, repairer or dealer in weights or measures or weighing or measuring instruments, and every person using them in transactions for trade or commerce shall maintain such records and accounts as may be prescribed and, if required so to do by an Inspector or Assistant Inspector, shall produce such records and accounts before him. (2) Notwithstanding anything contained in sub-section (1) if the State Government is of opinion that, having regard to the nature of business carried on by any such manufacturer, repairer or delear, it is necessary so to do, it may, by order, exempt such person or class of persons from the operation of that sub-section. 20. Appeals :- (1) Subject to the provisions of sub-section (2), an appeal shall lie- - (a) from every decision of an Inspector or an Assistant Inspector under this Act, to the 2 or any Assistant 2 of Weights and Measures specially authorised in the behalf by the State Government; and (b) from every decision of the 2[Controller] or Assistant 2 [Controller] under this Act, not being a decision in appeal under clause (a), to the State Government or any officer specially authorised in this behalf by the State Government. (2) Every such appeal shall be preferred within sixty days from the date of decision. (3) On receipt of any such appeal, the appellate authority, shall, after giving the appellate a reasonable opportunity of being heard and after making such inquiry as it deems proper, decide the appeal and the decision of the appellate authority shall be final. 21. Levy of fees :- The State Government may charge such fees-- (a) for the grant of licenses under section 13 for manufacture, re pair or sale of commercial weights and measures and weighing and measuring instruments, and (b) for the verification, making, stamping and adjustment of commercial weights and measures and weighing instruments; as may be prescribed. 22. Validity of weights and measures duly stamped :- A weight or measure or weighing or measuring instrument, duly stamped by an Inspector or Assistant Inspector under this Act, shall be a legal weight or measure or weighing or measuring instrument in all places in which this Act has co in to force unless it is found to b e false or defective and shall not be liable to be restamped by reason merely of the fact that it is used in any place other than in which it was originally stamped. CHAPTER 4 Penalties 23. Penalty for Sale or delivery by weight or measure other than standard weight or measure :- Whoever, after the expiry of three months from the commencement of this section, sells or causes to be sold or delivers or causes to be delivered in the course of any transaction for trade or commerce any article by any denomination of weight or measure other than one of the standard weights or measures shall be punishable, for a first offence with fine which may extend to two thousand rupees and, for a second or subsequent offence, with imprisonment for a period which may ex tend to three months or with fine or with both. 24. Penalty for sale of unstamped commercial weights and measures :- Whoever sells or delivers any commercial weight or measure of any weighing or measuring instrument which has not been verified or stamped in accordance with the provisions of this Act and the rules made there under shall be punishable with fine which may extend to two thou sand rupees. 25. Penalty for use of unstamped commercial weights and measures :- Whoever uses in any transaction for trade or commerce, or has in his possession for such use, any co weight or measure or any weighing or measuring instrument which has not been verified or re-verified stamped in accordance with the provisions of this Act and the rules made thereunder shall be punishable for a first offence, with fine which may extend to two thousand rupees and, for a second or subsequent offence with imprisonment for a period which may extend to three months or with fine or with both. Explanation 1.-- When any such weight or measure or weighing or Measuring instrument is found in the possession of any trader or any employee or agent of such trader; such trader, employee or agent shall be presumed, until the contrary is proved, to have had it in his possession for use in transactions for trade or commerce. Explanation 2.-- Where any weight or measure or weighing or measuring instrument is used possessed in contravention of this section by any employee or agent of a trader such trader on behalf of such trader shall, unless he proves that the offence under this section was committed by his employee or agent without his knowledge or consent, be also deemed to be guilty of the offence. 26. Penalty for manufacture of weights etc. without Licence :- If any person manufactures, repairs, or sells any commercial weight or measure or weighing or measuring instrument without obtaining a licence as required by section 13, he shall be punishable with imprisonment for a period which may extend to three months or with fine or with both. 27. Penalty for use of weight or measure in contravention of section 8 :- Whoever contravenes any of the provisions of a notification issued under section 8 shall be punishable with fine which may extend to two thousand rupees. 28. Penalty for failure to mark weight or measure on sealed containers :- Whoever contravenes the provisions of section 14 shall be punish able with fine which may extend to two thousand rupees. Footnotes: 1. Subs. vide sec. 3 of Raj. Act No. 20 of 1960, Pub, in Raj. Gaz., Exty., Pt IV-A, dt. 25-11-1960. 2. Subs. by sec. 5 of Raj. Act No. 37 of 1961, Pub, in Raj. Gaz., Exty., fl T A i A I, Ifl 29. Penalty for fradulent use of weights, measures etc :- Whoever fradulently uses any standard weight or measure or weighing or measu ring instrument which he knows to be false shall be punishable with imprisonment for a period which may extend to one year or with fine or with both. 30. Penalty for being in possession of false weight or measure etc :- Whoever is in possession of any commercial weight or measure or weighing or measuring instrument which he knows to be false, inten ding that the same may be fradulently used, shall be punishable with imprisonment for a period which may extend to one year or with fine or with both. 31. Penalty for making or selling false weight or measure etc :- Whoever makes, sells or disposes of or causes to he made, sold or dispo sed of any standard weight or measure or weighing or measuring instru merit which he knows to be false, in order that the same may he used as tiue. or knowing that the same is likely to be used as true, shall be puni shable with imprisonment for a period which may extend to one year or with fine or with both. 32. Penalty for giving short weight or measure :- Whoever, in sell ing any article by weight or measure, delivers or causes to be delivered to the purchaser less than what i i to be sold shall, if the deficiency exceeds the prescribed limit of error, be punishable with fine which may extend to three hundred rupees. 33. Penalty for forging etc. of weights, measured etc :- (1) Who ever forges or Counterfeits any stamp used under this Act for the stamp ing of any standard weight or measuring instrument or possesses any such counterfeit stamp or removes a stamp from a n y standard weight or mea sure or weighing or measuring instrument and insert the same into ano ther weight or measure or weighing or measuring instrument or wilfully increases or diminishes a weight or measure so stamped shall be punish able with imprisonment for a period which may extend to one year or with fine or with both. (2) Whoever knowingly uses, sells, 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 a measure so increased or dim ini shall be punishable with imprisonment for a period which may extend to six months or with fine or with both. 34. Penalty for neglect or refusal to produce weight or measure etc. for inspection :- Whoever.-- (a) refuses or neglects to produce for inspection under section 17 any weight or measure or weighing or measuring instrument or any document or record relating thereto in his possession or on his premises, or. (b) refuses to permit an Inspector or Assistant Inspector to inspect and verify any such weight, measure, instrument, document or re cord, or (C) obstructs the entry of an Inspector or Assistant Inspector under section 17, or (d) otherwise obstructs or hinders an Inspector or Assistant Inspector in the performance of his duties under this Act, shall be punishable with fine which may extend to five hundred rupees. 35. Penalty for breach of duty by Inspector or Assistant inspector :- if an Inspector or Assistant Inspector knowingly stamps a weight or rneasure or weighing or measuring instrument in contravention of the provisions of this Actor of the rules made thereunder, he shall be punishable with imprisonment for a period which may extend to one year or with fine or with both. CHAPTER 5 Miscellaneous 36. Protection of action taken in good faith :- No suit, prosecu tion or other legal proceeding shall lie against the 2 any Assistant 2 of Weights and I or any Inspector or any other person appointed under this Act in respect of anything which is in good faith done or intended to be done in pursuance of this Act or the rules made thereunder. 1[36 A. 2[ Controller] etc. to be public servants-- The 2 and Assistant 2 and every inspector or Assistant Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (Central Act 45 of 1860]. 37. Cognizacce of offences etc :- (1) No court shall take cognizance of an offence punishable under this Act except upon complaint in writing made by the 2 or any officer authorised in this behalf by the [ by general or special order. (2) No court inferior to that of a Magistrate of the first class shall zry any offence punishable under this Act. Authority to file complaint. Any complaint for the contravention of the provisions of the Act can be filed by the Controller or by ally officer auihorised by the Controller as is provided under this section. Since the Inspector who filed the com plaint was not so authorised, the filing of the complaint was without jurisdiction. It may be made clear that a person who is himself authorised by the competent authority is not entitled to authorise someone else to do the job, [ Pukraj vs. State of Rajasthan, 1989 (2) RLW 17.] Footnotes: I. Ins. vide sec. 4 of Raj. Act No. 20 of 1960, Pub, in Raj. Gaz. Exty. Pt. 1V-A dt. 25.11- 1960. 2. Subs. by Secs. 6, 7, 8 of Raj. Act No. 37 of 1961, Pub. in Raj. Gaz. Exty. Pt. IV A dt. 24-11-61. 38. Stamped weight etc. to be presumed to be a correct :- A weight or measure or weighing or measuring instrument duly stamped under the provisions of this Act and the rules made thereunder shall be presumed to be correct until its inaccuracy is proved, if this is produced in any court by any Inspector or Assistant Inspector having charge thereof or by any person acting under the general or special authority of the 39. Offences by companies :- (1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed was-in-charge of, and was responsible to, the company for the conduct of the business of the company as well as the company shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly: Provided that nothing contained in this sub-sec. shall render any such person liable to punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. (2) Notwithstanding anything contained in sub-section (1) where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to any neglect on the part of, any director, manager, secretary or other officer, such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. Explanation.-- For the purposes of this section-- (a) "company" means any body corporate and includes a firm or other association of individuals; and (b) "director", in relation to a firm, means a partner in the firm. 40. Delegation of powers :- The State Government may, by notifica tion in the Official Gazette, direct that any power exercisable by it under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, as may be specified in the direction, be exerci sable also by such officer or authority subordinate to the State Govern. ment as may be specified in the notification. 41. Limits of error to be tolerated in weights and measures :- Subject to any rules that may be made under the Standards of Weights and Measures Act, 1956, (Central Act 89 of 1956), in this behalf, the State Government may prescribe the limit of error which m a y be tolerated,-- (a) in secondary standards referred to in section 4; (b) in working standards referred to in section 3; (c) in commercial weights and measures or in selling articles by weight or measure generally or as regards any trade or class of trades; and (d) in weighing and measuring instruments; Footnotes: 3. Subs, by sec. 9 of Raj. Act No. 37 of 1961, Pub. in Raj. Gaz. Exty. Pt. IV.A. dL 24.11.19 42. Power to make rules :- (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purposes 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 accor ding 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 o f working standards, the persons 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 and making 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 licences may be granted to persons for manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments; (h) the qualifications and duties generally of Inspectors or Assistant Inspectors under this Act; (i) the verification and stamping of weights and measures and weighing and measuring instruments and the period within s they are to be reverified; (j) the inspection of weights and measures and weighing and measuring instrurnents used in transactions for trade or commerce; (k) the seizure detention and destruction of weights and measures which are not autborised by this Act; (1) the books, accounts and records relating to weights and measu res 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 transactions 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 against decisions of Inspectors or Assistant Inspectors and the procedure for hearing appeals; (q) the fees which may be charged for the grant of licences under section 13 and for verification re-verification adjustment and stamping of weights and measures and weighing and measuring instruments and the collection and levy of the same; (r) 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 2 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 section shall as soon as may be, after they are made, be laid before the State Legislature. 43. Repeal :- In any area in which and in respect of any class of goods or undertakings for which this Act or any of the provisions thereof come into force by virtue of a notification under subsection (3) of section 1, the Rajasthan Weights and Measures Act, 1954 (Rajasthan Act XIX of 1954) shall stand repealed on and from the date of such commencement.