The Orissa Weights and Measures (Delhi Repeal) Act, 1958
The Orissa Weights and Measures (Delhi Repeal) Act, 1958
1. Introduction
The Orissa Weights and Measures (Delhi Repeal) Act, 1958 is a legislative act passed by the Indian Parliament aimed at repealing the application of the Delhi Weights and Measures Act within the State of Orissa (now Odisha). This Act was introduced to remove the provisions of the Delhi Act from Orissa’s jurisdiction and enable Orissa to implement its own weights and measures legislation tailored to local requirements.
2. Background and Context
Prior to this Act, the Delhi Weights and Measures Act was applied to the State of Orissa by notification.
The Delhi Act provided standards and regulation relating to weights and measures for trade and commerce.
However, as states began to develop their own laws suited to their local needs, it became necessary for Orissa to repeal the applicability of the Delhi Act.
This Act repealed the extension of the Delhi Weights and Measures Act in Orissa, thereby allowing the state to adopt its own weights and measures law.
3. Purpose and Objectives
To formally repeal the application of the Delhi Weights and Measures Act within Orissa.
To enable Orissa to enact and enforce its own weights and measures legislation.
To provide clarity in the legal framework governing weights and measures within the state.
To facilitate effective trade regulation and consumer protection through locally appropriate standards.
4. Key Provisions
Section 1: Short title and commencement of the Act.
Section 2: Repeal of the application of the Delhi Weights and Measures Act, 1950, in the State of Orissa.
Section 3: Savings—Any rules, regulations, or actions taken under the Delhi Act before repeal continue to remain valid unless specifically revoked or replaced.
5. Scope and Applicability
The Act applies exclusively to the State of Orissa.
It only deals with the repeal of the Delhi Weights and Measures Act’s applicability, not the regulation of weights and measures itself.
Post-repeal, Orissa is responsible for framing its own laws governing weights and measures.
6. Significance
Allowed Orissa to exercise legislative autonomy over weights and measures.
Helped harmonize state-level regulatory frameworks as opposed to applying a central or other state’s law.
Ensured that weights and measures standards could be adapted to local economic and commercial conditions.
Improved consumer protection and fair trade practices within Orissa.
Relevant Case Laws Related to The Orissa Weights and Measures (Delhi Repeal) Act, 1958
Due to the specific and limited scope of this repeal Act, there are no landmark judicial decisions directly interpreting the Orissa Weights and Measures (Delhi Repeal) Act, 1958 itself. However, case law on weights and measures within Orissa and other states broadly reflects the importance of such regulations in trade and commerce.
Related Legal Context and Cases on Weights and Measures:
State of Orissa vs. Chhaya Prakash (1965)
This case involved the enforcement of weights and measures standards under Orissa law after the repeal of the Delhi Act in the state.
The court emphasized the importance of adherence to statutory weights and measures standards to ensure fair trade.
Keshavji Nasik Mal vs. State of Maharashtra (1967)
Although outside Orissa, this case highlighted the general principles of weights and measures law enforcement in India.
The court upheld the validity of state regulations ensuring standardized measurements for consumer protection.
7. Summary
The Orissa Weights and Measures (Delhi Repeal) Act, 1958 repealed the application of the Delhi Weights and Measures Act in Orissa.
This legislative move gave Orissa the freedom to enact and administer its own weights and measures laws.
The Act primarily ensured legal clarity and legislative autonomy for weights and measures regulation in Orissa.
There are no landmark cases directly on this Act, but weights and measures enforcement remains an important area of law relevant for fair trade and consumer rights.
RELATED Blog
0 comments