MYSORE WEIGHTS AND MEASURES ACT, 1902

3 of 1902

Whereas, it is expedient to regulate the use of Weights and Measures of Capacity in Mysore. Her Highness the Maharani-Regent is pleased to enact as follows.

Section 1 Title, extent and operation

This Act may be called the Mysore Weights and Measures Act, 1902. It extends to the whole of Mysore; and it shall come into force at once.

Section 2 Standards of Weight and Measure of Capacity.

11. Sections 2, 3 and 3-A substituted by Act No. IX of 1927

(1) The Government may, from time to time by notification in the Official Gazette, prescribe either generally for Mysore or for any specified part thereof, the

(2) Copies of standards prescribed as aforesaid shall be kept in the Office of the Inspector-General of Police, in the Offices of the Deputy Commissioners of Districts and in such other offices as may, from time to time, be prescribed by the Government and shall at all reasonable times be available for public inspection.

Section 3 Use of certified weights and measures of capacity

11.Section 3 renumbered as sub-section (1) of that section by Act No. XLIX of 1943 [(1)] The Government may, by notification in the Official Gazette, direct that, after a date to be fixed therein, only certified weights or measures of capacity or both shall be used in all dealings and contracts in any specified area and may in like manner alter or revoke such direction:

Provided that such direction shall not apply to dealings and contracts effected otherwise than by weight or measure of capacity and those based on the British, the Metric, the Indian Railway or any other system of weight or measure of capacity for the exclusion of which provision is made in the rules.

22.Sub-section (2) inserted by Act No. XLIX of 1943 [(2) A weight or measure of capacity shall be certified only when it has been manufactured by the Government or by a manufacturer duly licensed under this Act]

Section 3A Rules

The Government may make rules to regulate the following matters.-

(a) the shapes, dimensions and designations of all or any of the weights and measures of capacity that may be permitted to be used and the materials of which the same shall be made;

(b) the method of testing weights and measures of capacity and of certifying to their correctness by means of stamping or otherwise and the fees to be levied therefor;

33. Clause (c) inserted by Act No. XLIX of 1943 [(c) the charges, terms and conditions, subject to which licenses may be granted to manufacturers of weights and measures of capacity;]

44. Existing clause (c) renumbered as clause (d) by Act No. XLIX of 1943 [(d)] the agency to be employed, the powers and duties of such agency and generally any other matters connected with the carrying out of the purposes of this Act.

Section 4 What are false weights and Measures

Any weight or measure of capacity, which is not in accordance with a copy of the standard of weight or measure of capacity kept under 11. Substituted by Act No. IX of 1927 [Section 2(2) shall be deemed to be a false weight or measure of capacity within the meaning of Chapter XIII of the Indian Penal Code.

Section 5 Penalty for use of uncertified Weight or Measure of Capacity

22. Section 5 substituted by Act No. XLIX of 1943 Whoever manufacturers or uses any weight or measure of capacity in contravention of the provisions of Section 3 shall, on conviction by a Magistrate specially empowered in this behalf, be punishable with fine which may extend to Rs.50 and for every such subsequent manufacture or use, with fine which may extend to Rs. 100].

Section 6 Penalty for counterfeiting mark of certification

33. Section 6 inserted by Act No. IX of 1927 Whoever knowingly counterfeits any mark prescribed by the rules for certification under Section 3 shall, on conviction, by a Magistrate specially empowered in this behalf, be punished with imprisonment for a term which may extend to three years and shall also be liable to fine.]

RULE:

RULES UNDER THE WEIGHTS AND MEASURES ACT, 1902

In exercise of the powers conferred by Section 3(a) of the Weights and Measures Act No. III of 1902, as amended by No. IX of 1927, and in supersession of rules sanctioned in Notification No. J. 864 legis. 16-09-37, dated 11th September, 1911, and Notification No. J. 879 Legis. 55-16-1, dated 5th September, 1917, the Government of His Highness the Maharaja of Mysore are pleased to prescribe the following rules for regulating the use of Weights and Measures of capacity in all parts of the State.

Rule 1

Nothing in these rules shall have application to or interfere with the use of any system of Weights or Measures of capacity specified in Appendix A.

Rule 2

The standard of weight shall be the "Mysore Seer" weight which is a mass of metal in the possession of Government equal in weight to 24 rupees (of 180 grains each) of the British Indian Currency.

Rule 3

The standard of measure of capacity shall be the "Mysore Seer" measure which is a hollow bronze cylinder in the possession of Government and which, when filled to the brim, holds exactly 108 tolas' weight (each tola being 180 grains troy) of distilled water, at its maximum density and under the normal atmospheric pressure.

Rule 4

(1) The standard seer weight and seer measure aforementioned shall be carefully secured in the State Huzur Treasury in the personal custody of the Officer in charge of that Treasury. (2) A duplicate copy of the standard seer weight and a duplicate copy of the standard seer measure shall be kept in the Office of the Director of Industries and Commerce in Mysore and the same shall be compared not less often than once in three years with the standards preserved in the State Huzur Treasury and corrected, if necessary. A register shall be maintained in the Office of the Director of Industries and Commerce in which the fact of such comparison and correction shall be entered and certified to by him and the Officer in charge of the State Huzur Treasury.

Rule 5

All weights and measures of capacity used in the State shall be made of metal. The sides and bottoms of measures of capacity should be revetted or soldered.

Rule 6

The use of the following weights and measures of capacity is hereby recognised.

Rule 7

In the absence of usage or of an express or implied understanding to the contrary, it will be assumed that in measuring an article by any of the recognised measures of capacity, the measure is not heaped. but either is stricken with a round stick or roller, straight and of the same diameter from end to end or if the article sold cannot from its size or shape be conveniently stricken, is filled in all parts as nearly to the level of the brim as the size and shape of the article will admit.

Rule 8

The shape of weights except where handles or depressions for lifting are provided shall, as far as possible, be such that both the upper and the under surfaces shall be flat and the horizontal sections shall be circular or rectangular.

Rule 9

Measures of capacity shall be hollow cylinders, with as nearly as possible a plane base and an internal diameter equal to 51 per cent of the depth. A variation of 2 per cent on either side might be permitted without however altering the prescribed total cubical contents.

Rule 10

Every weight except where the small size of the weight renders it impracticable shall have on its upper surface the denomination of such weight stamped or engraved in legible figures and letters.

Rule 11

Every measure of capacity shall have on the outside top of such measure the denomination thereof stamped or engraved in legible figures and letters.

Rule 12

Correct copies of the standards of weight and measure and also of the more commonly used weight and measures (i.e., multiples and sub-multiples of the standards) specified in Rule 6 shall be supplied by the Director of Industries and Commerce to the offices mentioned in Section 2(2) of the Act as well as to every Amildar's Office and Police Station. These shall be verified not less often than once in three years by the Director of Industries and Commerce and shall be replaced whenever necessary. In all offices in which these copies are kept a register shall be maintained in which the fact of such verification shall be entered and attested by the Head of the Office and the Officer deputed for the purpose by the Director of Industries and Commerce.

Rule 13

Subject to any directions that may be given by Government the Director of Industries and Commerce may empower one are more officers in his district to act as Inspectors of Weights and Measures, whose duty it will be to inspect Weights and Measures and weighing instruments in use. For this purpose and for the purpose of Section 153 of the Code of Criminal Procedure, they shall be deemed, in regard to the whole of the local area under their jurisdiction, to have been appointed officers in charge of the Police Station.

Rule 14

One or more Testers may be appointed for any local area in a district by the Director of Industries and Commerce for testing the correctness of weights and measures of capacity and for stamping thereon the certificate of correctness thereof. Such Tester or Testers shall work under the control of Inspectors who are appointed under Rule 13 and who have jurisdiction over the area concerned. Testers shall maintain registers in the form prescribed by the Director of Industries and Commerce for keeping a correct record of their work of verification and stamping.

Rule 15

Any person having in his possession weights or measures of capacity not yet tested and stamped as provided in these rules, may apply to the Tester appointed under rule 14 and present to him such weights and measures and get them tested and stamped as provided in these rules.

Rule 16

The application for getting weights and measures of capacity tested and stamped shall be made in the form prescribed in Appendix B, which can be had from the testers or the Taluk Office.

Rule 17

Government may from time to time prescribe the fees to be paid for testing and stamping weights and measures of capacity and may also waive such fees or reduce the rates of fees prescribed. Until otherwise ordered under the preceding rule a fee of half an anna on every weight or measure of capacity tested and stamped shall be recovered from the person presenting it for the purpose and credited to Government.

Rule 18

The Tester shall test the correctness of the weights and measures of capacity presented to him for test if he finds that such weights and measures are made in conformity with the provisions of Rules 5, 8, 9, 10 and 11. The manner of testing shall be as provided in Appendix C.

Rule 19

Every weight except where the small size of the weight renders it impracticable and every measure of capacity presented for test shall be verified and stamped with a stamp of correctness, the form of the stamp being as in the margin and the figures denoting the year of stamping being also impressed.

Rule 20

If the Tester, after testing the weights and measures of capacity, is not satisfied with the correctness, of such weights and measures, he shall return unstamped such weights and measures of capacity to the owner thereof, together with a statement duly attested by him briefly specifying the reasons for which stamping is refused.

Rule 21

A person whose application for the testing and stamping of weights and measures of capacity presented by him in refused compliance by a Tester, may submit an appeal to the Inspector of the area concerned and the decision of the Inspector shall be final.

Rule 22

The Tester shall on no account make any alteration or adjustment in the weights and measures of capacity presented for testing with a view to make them accurate.

APPENDIX 1 APPENDIX

... 1 ton 80 quarters 2,240 pounds.

1 stone

... 14 pounds

1 cental

... 100 pounds.

20 Centals

... 1 "Short" ton 2,000 pounds.

1 'long' ton

... 2.240 pounds.

(2) Troy Weights.

24 grains

... 1 penny weight (dwt.)

20 penny weights

... 1 ounce (oz. Troy) 480 grains.

12 ounces

... 1 pound (Ib. Troy) 5,760 grains.

(3) Apothecaries Weight.

20 grains

... 1 scruple (z).

3 scruples

... 1 drachm (z) 60 grains.

8 drachms

... 1 ounce (z) 480 grains.

12 ounces

... 1 pound (b.) 5,760 grains.

(4) Metric Weights.

10 grammes

... 1 dekagram (dag)

100 grammes

... 1 hutogramme (hg)

1,000 grammes

... 1 kilogramme (kilo) or (kg)

10,000 grammes

... 1 my niagram

1,00,000 grammes

... 1 quintal (q)

10,00,000 grammes

... 1 tonne, millia or metric ton.

(5) Indian Railway Weights.

1 tola

... 180 grains (Troy)

80 tolas

... 1 Seer

40 seers

... 1 Railway maund (82 2/7 Ibs. avoirdupois).

(6) Japanese Weights.

10 shi

... 1 mo

10 mo

... 1 rin

10 rin

... I fun

10 fun

... 1 momme-(.13228 Oz. avoirdupois) or 3.75 gramme.)

1,000 momme

... 1 kwan or Kan (8.26733 Ibs. avoirdupois) ( 3.75 Kilogrammes.)

160 momme

... 1 kin (1.3227734 Ibs. avoirdupois) ( 600 grammes).

(7) U.S.A. Weights.

Avoirdupois

... (vide 1 above.)

Troy wts.

... (vide 2 above.)

Apothecaries wts.

... (vide 3 above.)

Measures

1) British Measures of capacity both liquidand dry.

4 gills

... 1 pint (pt)

2 pints

... 2 quart (qt.)

4 quarts

... 1 gallon (gal.)

2 gallons

... 1 peek (pk.)

4 peeks

... 1 bushel (bush.)

8 bushels

... 1 quarter (qr.)

36 bushels

... 1 chaldron (chal.)

(2) U.S.A. Measures (dry) Vide 1 above.

(liquid)

4 gills

... 1 pint(pt.)

2 pints

... 1 quart (qt.)

4 quarts

... 1 gallon (gal.)

31 1/2 gallons

... 1 barrel.

2 barrels

... 1 hogshead.

2 hogsheads

... 1 pipe or butt.

2 pipes

... 1 ton.

(3) Metric system (measures of capacity).

1000 millilitres (ml)

... 1 litre (1)

10 litres

... 1 dekalitre (dal.)

100 litres

... 1 hectolitre (hl..)

1000 litres

... 1 kilolitre (kl.)

(4) Japanese Measures of capacity.

10 shaku

... 1 go.

10 go.

... 1 sho.

10 she

... 1 to.

10 to

... 1 koku (180.39068 litres) (4.96005 bushels).

APPENDIX 2 APPENDIX

APPENDIX B

Application form to get weights and measures of capacity tested and stamped.

To

Tester.

Sir,

I am presenting herewith for testing and stamping with certificates of correctness the following weights and measures of capacity. The total amount of fees payable for testing and stamping them is sent herewith.

Yours faithfully

Place............ Name

Dated............ Address

(To be retained by the Tester)

No ....... Place ....... Date ......... Received from ............... the sum of Rs ...... being the fees for testing...... weights ....... measures.

..

Tester.

 No .......(to be filled by the Tester and returned to the applicant).

Received this day of ....... 193.from Mr ........ the sum of Rs ......... being the fee prescribed for testing and stamping ........ weights and measures of capacity.

Place ..........

Signature of the

Date ........ Tester.

(To be signed by the applicant and returned to the Tester for being filed by him)

Received this day..........of........193, from the Tester.......... weights and.......measures of capacity of which........weights........ .measures have been tested and stamped thereon with a certificate of correctness and. . . . weights and.........measures have been returned without a certificate of correctness stamped thereon.

Signature of the applicant

Place..........

Date..........

APPENDIX 3 APPENDIX

APPENDIX C

How Weights and Measures Should be Tested I.Testing of weights.

Sensibility of balance.When weights have to be verified by standard weights and only common scales or balances are available, the first thing to be done is to try the balance as to its degree of sensibility apart from the question of equilibrium. Suppose a maund weight of 40 seers is received for verification. Put a standard maund weight in a right-hand scale and exactly counterbalance it by weights in the left. If 40 grains weight will make a difference when placed in either scale, the balance may be considered good enough for the verification of a common maund weight of commerce. If a balance does not turn with 1/500 part of the weight that may be in one scale, it cannot be used for very accurate purposes.

Verification of Weights.The maund weight received for verification should be examined thus.

Place the standard maund weight in the right-hand scale and exactly counterbalance it; then take it out and put in its place the weight to be verified. If the beam shows an eqipoise, the weight is correct. It is of no consequence whether the arms of the beam are equal or not, or in other words, whether the scales used for this test are or are not correct.

Correctness of balance.To ascertain if the balance is correct, put a standard maund weight into the right-hand scale and exactly counterbalance it with stones, sand or any other material in the left hand scale. Then take it out and put in other weights into the right-hand scale and produce exact equipoise. It is now evident that the two weights weighed in the right-hand scale are equal to one another; remove the weight from the left-hand scale and put therein the weight taken from the right-hand scale, and if the beam shows a true equipoise the balance is correct; if not, the beam or the scales can only be adjusted by a competent workman. This applies to all beam balances.

II. Testing of grain and liquid measures.

Diameter of grain measures.When a grain measure is received for being stamped, the first thing to be done is to measure the diameter carefully. If the diameter of the measure is exactly the same as that of the standard measure, the measure may be accepted for testing. If not, the measure should be rejected.

Note.If a measure is not quite round, a mean between the longest and shortest diameters should be taken.

Method of test employed.The only system of test to be employed in testing measures is that by volume of water, for the proper performance of which the officer is provided with either a specifically constructed set of standardized testing vessels or with two test glasses, a twenty-ounce glass equivalent to a quart and a five-ounce glass graduated to quarters of an ounce.

Preliminaries to testing.The following preliminaries must be attended to before the actual process of testing can be commenced.

The best drinking water available should be obtained, as it is the clearest. The measure to be tested should be well washed out.

If the measure is found to be leaky, the leaks should be caulked on the outside only with pitch or sealing wax.

Process of testing.The test should then be applied in the following manner.The rim of the measure should be moistened, as otherwise water may stand without spilling quite a sixteenth of an inch above it; and in a measure of five inches diameter this will represent 1.39 tolas of rice. The measure should then be filled with water. This is done by pouring water into it from the test glass, either the large twenty-ounce glass or the small five-ounce one, or both being used according to the size of the measure under examination. In pouring water from the test glass into the measure, care should be taken to prevent the water from overtopping the rim of the measure. The surface of the water must be exactly level with the rim. It can be easily ascertained how many ounces of water have been used to fill the measure. The quantity of water, if any, found to have been split should be deducted from the total quantity poured out from the test glass. If it be found impossible to staunch a leaky measure, reliable results may be obtained by catching the water which escapes by leakage measuring it, and deducting the quantity from that poured into the measure from the test glass. The remainder represents the exact capacity of the measure in ounces of water. If this is equal to the proper capacity of the measure, calculated at 44.5 fluid ounces for the standard seer measure, the measure may be taken to be correct and stamped accordingly; otherwise it should be rejected. The "correct copies" of measures themselves should on no account be used in the application of the test, as it is almost impossible to pour out the liquid from such measures filled to the brim without spilling. If, however, special vessels of standard capacities are made with a narrow neck and broad lip for pouring, similar in shape to the gallon pot used in the Excise Department, and standardized to fluid ounces, there is no objection to such measures being used for the purpose of testing. The use of ounce glasses will then be only required in the primary test of capacity of such special measures.