Nepal Bureau of Standards & Metrology

Standard Weights and Measures Act

History October 25, 1968 … First promulgated. Nepal Rajapatra, Vol. 18, No. 21, (Extraordinary), Kartik 9, 2025 (October 25, 1968). October 20, 1976 … First amendment. Nepal Rajapatra, Vol. 26, No. 25 A (Extraordinary), Kartik 4, 2033 (October 20 1976). Consolidated Text Whereas it is expedient to maintain and introduce standard weights and measures based on the metric system throughout this Kingdom of Nepal. Now therefore, His Majesty King Mahendra Bir Bikram Shah Dev has enacted this law on the advice and with the approval of the National Panchayat. Chapter 1 Preliminary 1. Short Title, Extent and Commencement (1) This law may be called the Standard Weights and Measures Act, 1968. (2) It shall be applicable throughout the Kingdom of Nepal. (3) This Section shall come into force at once, and the remaining Sections shall come into force on such dates, at such places, and in respect to such transactions and commodities as may be prescribed by His Majesty's Government by notification in the Nepal Rajapatra. 2. Definitions Unless repugnant to the subject or context, in this act. (a) Kilogram means the mass of the platinum iridium cylinder declared to be the international prototype of the kilogram by the First General Conference on Weights and Measures and maintained at the International Bureau of Weights and Measures. (b) Repealed on October 20, 1976. (c) Ordinary Atmospheric Pressure means a pressure of 101325 neutrons per square meter. Explanation The force capable of accelerating the speed of one kilogram mass at one meter per second is called neutron. (d) Commercial Weight or Measure means standard weights and measures used in commercial transactions. (e) Measuring machine means any measuring machine other than a weighing machine; the term includes equipment used to measure length, area, volume, or capacity. (f) Weighing Machine means weighing machines of all types; the term includes scales with two balances, and weights used in such balances. (g) Spealed Package means packed bundles, bottles, drums, tins, barrels, boxes, pots, bags or sacks, commodities contained in which are not meat to be weighed or measured at the time of sale. (h) Stamp means stamps affixed through molding, engraving, cutting, branding, or any other means, so that they remain ineffaceable as far as possible. (i) Inspection means test or examination of weights or measures or weighing or measuring machines; the term includes re-test. (j) Controller means the Director of the Department of Mint and Weights and Measures. (k) Prescribed or as Prescribed means prescribed or as prescribed in rules framed under this act. (k1) General Assembly of Weights and Measures means the Conference General De Poides Et Measures established under the Convention Du Meter. (k2) International Bureau of Weights and Measures means the Bureau Interationale De Poides Et Measures established under the Convention Du Meter. (k3) International Organization of the Science of Legal Weights and Measures means the Organization Internationale De Metrology established under the Convention Instituent Un Organization Internationale De Metrology Legal. Chapter 2 Standard Weights and Measures 2A. Units of Weights and Measures (1) All units of weights and measures shall be based upon the metric system. (2) For the purpose of Sub-Section (1), (a) Units of International system recommended by the General Assembly of Weights and Measures, and (b) Other additional units to be recommended by the International Organization of the Science of Legal Weights and Measures shall be units of the metric system. 3. Unit of Length (1) The basic unit of length shall be the meter. (1A) The term "Meter" means the distance equal to the 1650763.73 transition radiation between ZP 10 and 5D5 surfaces of criston Isotopi 6186 in vacuum multiplied by 1650763.73. (2) In order to determine the value of the meter, His Majesty's Government shall arrange for the preparation of a national prototype thereof, which shall be authenticated through verification with the international prototype of the meter. Such meter shall be kept at the place and in the custody of a person prescribed by His Majesty's Government. 4. Unit of Mass and Weight (1) The basic unit of mass shall be the kilogram. (2) In order to determine the value of the kilogram, His Majesty's Government shall arrange for the preparation of a national prototype thereof, which shall be authenticated through verification with the international prototype of the kilogram. Such kilogram shall be kept at the place and in the custody of a person prescribed by His Majesty's Government. (3) Notwithstanding anything contained in Sub-Section (1) and Section 12, the basic unit of precious jewels shall be the carat, which shall be equal to 1/500th of a kilogram. (4) The standard unit of weight at any place shall be the weight of the mass of the basic unit there. 5. Unit of Time (1) The basic unit of time shall be the second. (2) CGM H - 133 means the cycle which is 9 192 631770 times higher than the radiation comprising the difference between the two hyper fine levels of the ground state of the atom. 6. Unit of Electricity (1) The unit of electric current shall be the ampere. (2) One ampere means the electric current generating 2x10-7 neutrens of power per meter between two conductors, flowing at a constant speed through two parallel straight conductors of unlimited length situated at a distance of one meter in a negligible circular cross section in a vacuum. 7. Measurement of Temperature (1) The main unit of thermodynamic temperature shall be one Kelvin. (2) Kelvin means 1/273.16 of the triple point of water in thermodynamic temperature. (3) Kelvin shall be used to indicate the difference in temperature also. (4) Celsius degree in internationally applied scale of temperature, which is equivalent to 273.15 Kelvin, shall be equal to one Kelvin. (5) Celsius degree may be used to indicate the difference in temperature also. 8. Unit of Light (1) The unit of luminous intensity shall be the candela. (2) "Candela" means the luminous intensity in an oblong direction of 21/600,000 square meter surface of a black body in temperature in which platinum will solidify each 101325 square meter newton pressure. 8A. Mole (1) The principal unit of the quantity of any material shall be a mole. (2) Mole means the quantity of the system in which there exist as many elementary entities as there are atoms in 0.012 kilogram of Carbon 12. Explanation While using moles, there must be a clear mention of elementary entities which may be in the form of molecules, atoms, ions, electrons, or other particles or groups of prescribed particles. 8B. Other Units of Measurement and Weight (1) Supplementary, derived, or other units or standard forms or definitions relating to the principal units of weights and measures recommended by the General Assembly on Legal Weights and Measures and the International Institute of Science on Legal Weights and Measures shall be as prescribed. Explanation Derived units mean units derived from the principal and/or supplementary units. (2) The multiples, sub-multiples, physical constant and ratio of co-efficiency in relation to units of weights and measures recommended by the General Assembly on Legal Weights and Measures and the International Institute of Science on Legal Weights and Measures shall be as prescribed. (3) His Majesty's Government may, by notification in the Nepal Rajapatra, prescribe for necessary periods special units of weights and measures as recommended by the General Assembly on Weights and Measures and the International Institute of Science of Legal Weights and Measures. 8C. International Units to be Indicated in Nepali Figures (1) The main unit of calculation based on international units shall be indicated in Nepali figures. (2) Each calculation shall be in the decimal system. (3) The decimal multiples and sub-multiples of calculation shall be indicated according to the prescribed signs and methods. 8D. Standard Units The main units of weights and measures prescribed in Section 3, 4, 5, 6, 7, 8, and 8A and the supplementary and other units indicated in Section 8B, shall be the standard units of weights and measures. (Sections 9 - 13 were repealed on October 20, 1976). 14. Permission to use Specified Weights and Measures Even after the enforcement of this act in respect to any area within the Kingdom of Nepal or to any transaction or commodity, His Majesty's Government may, by notification in the Nepal Rajapatra, permit the use of any system of weights and measures specified in such notification, other than standard weights and measures, in respect to such area, transaction or commodity for a maximum period of five years. Provided that: His Majesty's Government shall not, under the provisions of Sub-Section (1), permit the introduction of any system of weights and measures other than that current prior to the commencement of this act. 15. Conversion of Current Weights and Measures into Standard Weights and Measures (1) The weights and measures current prior to the enforcement of this act shall be converted into standard weights and measures according to the conversion rates mentioned in the Schedule. (2) His Majesty's Government may, by notification in the Nepal Rajapatra, prescribe conversion rates for converting weights and measures other than these mentioned in Sub-Section (1) into standard weights and measures. (3) Units of weight and measurement other than the standard ones mentioned in any act or any rule, order or notification issued thereunder or in any agreement or document shall be deemed to have been converted according to the conversion rates mentioned in the Schedule or in the notification issued under Sub-Section (2). (4) While converting any units of weight or measurement specified in respect to any transaction into the standard weight or measurement under this Section, calculation for the purpose of such transaction shall be made in the prescribed manner. 16. Main Standard (1) His Majesty's Government may direct the preparation of a set of the standard mass and measurement mentioned in Section 13, or of multiples and sub-multiples thereof. Such set shall be regarded as the main standard. (2) The main standard shall be of the prescribed material, design and specifications. It shall be authenticated and stamped by the prescribed person or authority in the prescribed manner and maintained in the prescribed manner at the prescribed place. At periodic intervals as prescribed, it shall be checked against the national prototype and certified accordingly along with the date of such check. 17. Secondary Standard (1) In order to test the accuracy of the working standard, His Majesty's Government may direct the preparation of sets of authenticated standard weights and measures according to need. These sets shall be known as the secondary standard. (2) The secondary standard shall be of the prescribed material, design and specifications. It shall be authenticated and stamped by the prescribed person or authority in the prescribed manner and maintained in the prescribed manner at the prescribed place. At periodic intervals as prescribed, it shall be checked against the main standard and certified accordingly along with the date of such check. (3) A secondary standard which is not checked and stamped within the time limit mentioned in Sub-Section (2) shall not have legal status and shall not be used for the purposes of this act. 18. Working Standard (1) With the objective of checking the accuracy of commercial weights or measures or of weighing or measuring machines used for commercial purposes, His Majesty's Government may prepare sets of authenticated weights and measures, as well as special sets of weights and measures for precious metals and jewels in the number considered necessary by it. These sets shall be known as the working standard. (2) The working standard shall be of the prescribed material, design and specifications. It shall be authenticated and stamped by the prescribed person or authority in the prescribed manner and maintained in the prescribed manner at the prescribed place. At periodic intervals as prescribed, it shall be checked against the national prototype and certified accordingly along with the date of such check. Provided that: Special sets of working standards relating to precious metals and jewels shall be checked against the main standard. (3) A working standard which is not checked and stamped within the time limit mentioned in Sub-Section (2) shall not have legal status and shall not be used for the purposes of this Act. 19. Standard Weighing and Measuring Machines (1) His Majesty's Government shall arrange for the preparation of weighing and measuring machines in the number required for checking commercial weights and measures or weighing or measuring machines which are to be used for commercial purposes. (2) The weighing and measuring machines mentioned in Sub-Section (1) shall be checked and stamped in the prescribed manner and kept according to the prescribed procedure in the prescribed number. (3) Sets of weighing and measuring machines as mentioned in Sub-Section (1) shall be ketp at the same place as the secondary or working sets. 20. Weights and Measures other than the Standard Ones not to be Introduced (1) Unless permission to the contrary is granted by His Majesty's Government under Section 14 or Section 24, notwithstanding anything contained in current law or custom, after a period of three months after the enforcement of this act, weights or measures other than the standard ones shall not be used, or the price or quantity of any commodity specified in terms of such other units, in areas where this act has been enforced, or transactions or commodities in respect to which it has been enforced. (2) In case any trader or vendor or customer has been commanding or accepting or providing for such demand or acceptance anything less or more than the quantity which has been determined by weight or measurement, in accordance with any custom, system or tradition in respect to any commercial commodity, such custom, system or traditions shall be considered to have become inoperative with effect from the date of enforcement of this act. (3) Transactions concluded in contravention of Sub-Section (1) shall not be legally valid. 21. Directives may be Issued to Use Weight or Measure alone in Specified Matters Notwithstanding anything contained in this Act, His Majesty's Government may, by notification in the Nepal Rajapatra, issue directives requiring transactions to be conducted by weight or measurement alone in respect to any specified trade, transaction or contract in any specified area subject to specified conditions, with effect from the date prescribed in such notification. Chapter 3 Inspection and Stamping of Weights and Measures 22. Quantity and Denomination to be Affixed on Commercial Weights and Measures The quantity and denomination of weight and measurement shall be clearly affixed in commercial weights and measures and the seal of inspection conducted in the prescribed manner shall be clearly stamped. 23. Prohibition to Sell, Distribute, or Use Unstamped Commercial Weights or Measures Unless otherwise provided for in Section 24, on commercial weight or measure or weighing or measuring machine shall be sold, distributed or used in case it has not been inspected in the prescribed manner and has not been stamped accordingly by the Inspectors. 24. Power of His Majesty's Government to Grant Exemption His Majesty's Government may, by notification in the Nepal Rajapatra, make the following provisions: (1) Permit the use of weights and measures or weighing or measuring machines of any system other than the metric system only after authenticating them without conducting inspection in respect to any particular type of transaction or trade with foreign countries, (2) Permit the use of particular types of weighing or measuring machines only after they are inspected, and (3) Exempt weighing or measuring machines of any particular type from the obligation to undergo inspection. 25. License to be Obtained to Use Weights or Measures, or Weighing or Measuring Machines Traders and vendors must register their names on payment of the prescribed fees within the prescribed period and obtain a license from the controller in order to use weights or measures or weighing and measuring machines. 26. Prohibition to Manufacture, Repair or Sell Weights or Measures Without License No person shall, in the course of his business, manufacture, repair or sell commercial weights or measures or weighing or measuring machines without obtaining a license as prescribed on payment of the prescribed fees from His Majesty's Government, or the authority empowered by it. 27. Weights or Measures to be Affixed on Sealed Packages Labels shall be affixed on sealed packages clearly indicating the weight or measurement of goods contained therein. No person shall sell, arrange for sale or stock commodities with the intention of selling goods contained in packages which are not affixed with labels in this manner. Provided that: This Section shall ordinarily not be applicable to commodities which are not sold or transacted by weight or measurement. 28. Functions and Duties of Inspectors (1) The Inspector shall inspect weights and measures and weighing and measuring machines in such areas and at such times as are prescribed by the Controller. (2) The Inspector shall inspect weights or measures or weighing or measuring machines which are produced before him for inspection in accordance with the provisions of this act and the rules framed hereunder, and in case they appear to be accurate, he shall affix the stamp of inspection in the prescribed manner after collecting the prescribed fees. (3) No weight or measure or weighing or measuring machine which must be inspected shall be kept without being inspected. (4) The Inspector may conduct his inspection at any place where commercial weights or measures or weighing or measuring machine or any commodity is sold or supplied through such weight or measure or weighing or measuring machine or where such weight or measure or weighing or measuring machine has been kept. (5) The Inspector may order any trader or any person appointed by him for his business to produce any weight or measure or weighing or measuring machine and documents relating thereto which has been used or retained or kept at any place for commercial purposes by such person. Such trader or other person shall ten produce the machine or document mentioned in such order. (6) In case the Inspector suspects that any person has committed or is going to commit any offence under this act in respect to weights or measures or weighing or measuring machine, he may take into custody such weights or measures or weighing or measuring machines or the goods sold or supplied or going to be supplied through such weight or measure or weighing or measuring machines as well as all documents relating thereto. (7) In case the Inspector suspects that the weight or measurement of any commodity contained in a sealed package is less than the weight or measurement mentioned in the level affixed on it, he may break the seal affixed on such package and inspect the weight or measurement of the goods contained therein. (8) In case in the course of inspection under Sub-Section (7), the Inspector finds that the weight or measurement of any commodity contained in the package is not accurate, he may take into custody the package as well as the commodity contained therein and in case he finals the weight or measurement accurate, he shall pay a reasonable price for the package to its owner. 29. Appeal (1) An appeal may be filed with the Controller within thirty five days against any decision made by the Inspector under this act, and the decision of the Controller on such appeals shall be final. (2) An appeal may be filed with the Zonal Court within thirty five days against the order of punishment award by the Inspector under Sub-Section (1) of Section 30. Chapter 4 Penalties 30. Penalties (1) In case any person takes or attempts to take any action in contravention of Sub-Sections (1) of Section 20, Section 21, Section 23, Section 25, Section 26, Section 27 or instigates or abets any other person to do so, or causes any obstruction to the Inspector in the courses of the discharge of his duties under this act, or accepts or forces acceptance of less or more weights than the prescribed ones in the course of the sale of or transaction in any commodity on the basis of weight and measures, the Inspector may punish him with a fine not exceeding one thousand rupees. (2) (Repealed on October 20, 1976). (3) In case any person makes fictitious or inaccurate standard weights or measures or weighing or measuring machines, or incites others to do so, or deliberately uses such fictitious or inaccurate weights or measures or weighing or measuring machine for bonafide, or keeps them with the objective of using them in this manner, or sells them, or makes others sell them, or counterfeits the seal to be affixed on standard weights or measures or weighing or measuring machines under this act or the rules framed hereunder, or makes others to do so, or keeps them in his possession, or manages the seal affixed on such weight or measure or weighing or measuring machine and affixes a counterfeit seal, or makes others do so, he shall be fined with an amount not exceeding Rs. 1,000/- or with imprisonment for a term of one year, or with both. (4) In case the Inspector deliberately affixes seals on weights or measures, or weighing or measuring machines in contravention of this act or the rules framed hereunder, he shall be fined with an amount not exceeding Rs. 1,000/- or with imprisonment for a term of three months, or with both. Chapter 5 Miscellaneous 31. Legal Validity of Weights or Measures or Weighing or Measuring Machines on which Seals have been Affixed Weights or measures or weighing or measuring machines which have been stamped in accordance with the provisions of this act or the rules framed hereunder shall be regarded accurate unless certified by a court to the contrary. 32. Liability for Offences Committed by Corporate Bodies or Firms (1) In case any corporate body or firm commits any offence under this act, the persons who are partners of the firms at the time the offence was committed, and, in the case of corporate bodies, the chief administrative officer or officers shall be regarded as offenders and be liable to punishment. Provided that : In case it is proved that such partner or chief administrative officer or officers who are responsible for management make their best possible efforts to avoid the offence or were ignorant of such offence, they shall not be liable to punishment. (2) Notwithstanding anything contained in Sub-Section (1), in case any corporate body or firm commits any offence under this act, and in case it is proved that this has been committed with the consent or through the neglect of the partner in the case of a firm or the chief administrative officer or officers in the case of corporate bodies, such partner or chief administrative officer or officers shall be regarded as having committed the offence and be liable to punishment. 33. Immunity for Actions Taken in Good Faith No case shall be instituted or any other legal action taken against any government employee in respect to any action taken or sought to be taken by him in good faith in accordance with this act. 33A. Investigation into and Filing of Cases (1) Investigations into cases relating to offenses punishable under Sub-Section (3) of Section 30 shall be conducted by the Inspector. After such investigations are completed, he shall file a case with the District Court. (2) While conducting investigations and filing any case under Sub-Section (1), the Inspector may consult a government lawyer. 34. Cases to be Prosecuted by His Majesty's Government Cases under this act shall be prosecuted by His Majesty's Government as plaintiff. 35. Delegation of Authority His Majesty's Government may, by notification in the Nepal Rajapatra, delegate all or any of the powers conferred on it by this act, or the rules framed hereunder, to be exercised by the authority prescribed in such notification. 36. Power to Frame Rules (1) His Majesty's Government may frame rules in order to implement the objectives of this act. (2) Without prejudice to the generality of Sub-Section (1), these rules may provide for any or all of the following matters: (a) Procedure for the inspection of the main standard, the secondary standard and the working standard. (b) The number in which weighing or measuring machines will be maintained, the procedure for inspecting and stamping them and other necessary matters relating thereto. (c) Type of seal to be affixed by the manufacturer on commercial weights or measures or weighing or measuring machines. (d) Procedure to be observed and conditions to be fulfilled while issuing licenses to repairers and vendors of commercial weights or measures or weighing or measuring machines. (e) Time limit for the inspection and stamping of weight or measures or weighing or measuring machines and circumstances in which such inspection and stamping are to be invalidated. (f) Procedure for maintaining and producing accounts and other records of weights or measures or weighing or measuring machines. (g) Determination of extent of discrepancy in commercial weights or measures or weighing or measuring machines. (h) Determination of the extent of discrepancy in weight and measurement in the main standard, the secondary standard and the working standard. (i) Determination of the extent of discrepancy to be allowed in respect to any trade or the sale of any commodity of a commercial nature. (j) Confiscation, impounds or exemption in respect any weight or measure or weighing or measuring machine which is not authorized under this act. (k) Procedure regarding expressing the quantity while converting any weight or measure into the standard mass or measurement. (l) Other matters which must be prescribed under this act. 37. Saving In matters provided for in this act and the rules framed hereunder, action shall be taken accordingly, and in other matters action shall be taken according to current law. 38. Repeal The 1963 Standard Weights and Measures Act has been repealed. Schedule (Pertaining to Section 15) Standard of Weight 1 Grain … 0.000064799 Kg; 1 Oz … 0.0283495 Kg 1 Lb … 00.4535924 Kg; 1 Cwt … 50.802 Kg 1 Ton … 1016.05 Kg; 1 Kampani tola … 0.0116638 Kg 1 Mohar tola … 0.0110836 Kg; 1 Pau (Mohar) … 0.1994508 Kg 1 Dharni … 2.3934096 Kg; 1 Seer (Kamapni) 0.93310 Kg 1 Maund … 37.3242 Kg. Standard of Measures 1 inch … 0.0254 meter 1 foot … 0.3048 meter 1 yard … 0.9144 meter 1 mile … 1609.344 meter 1 pathi … 4.54596 liter