Chapter V MISCELLANEOUS

Protection of action taken in good faith - No suit, prosecution or other legal proceeding shall lie against the Controller, or any Assistant Controller of Weights and Measures 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.

Controller, etc., appointed under the Act to be public servants - The Controller, every Assistant Controller and Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code.

Cognisance of offences, etc. -

1. (1) No court shall take cognizance of an offence punishable under this Act except upon complaint in writing made by the Controller or any officer authorised in this behalf by the Controller by general or special order.
2. (2) No court inferior to that of a magistrate of first class shall try any offence punishable under this Act.

Stamped weights etc., to be presumed to be correct - A weight or measure or weighing or measuring instrument duly stamped under the provisions of this Act and the rules made thereunder shall if it is produced in any court by any Inspector having charge thereof or by any person acting under the general or special authority of the Controller, be presumed to be correct until its inaccuracy is proved.

Offences by Companies -

1. (1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was incharge 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-section 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. (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.

Delegation of powers - The Government may, by notification in the Andhra Pradesh Gazette, direct that any power exercisable by them under this Act or rules made thereunder shall, in relation to such matters and subject to such conditions, as may be specified in the direction be exercisable also by such officer or authority subordinate to them as may be specified in the notification.

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 Government may prescribe the limits of error which may be tolerated:-

1. (a) in working standards referred to in section 3;
2. (b) in secondary standards referred to in section 4;
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
4. (d) weighing and measuring instruments.

Repeal - The following Acts are hereby repealed:-

1. (1) The Hyderabad Weights and Measures Act, 1356 F. (Hyderabad Act XIV of 1356 F.)
2. (2) The Madras Weights and Measures Act, 1948 (Madars Act XXII of 1948).

Power to make rules -

1. (1) The Government may, by notification in the Andhra Pradesh Gazette make rules to carry out the purposes of this Act.
2. (2) In particular, and without prejudice to the generality of 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 according 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 reverification and stamping of working standards, the persons by whom, the places at which, and the intervals at which, they may be stamped;
   • (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 verification or reverification and stamping of secondary standards and the manner in which they may be stamped;
   • (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 stamped 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, functions and duties generally of Inspectors under this Act;
     • (i) the inspection, verification, reverification, adjustment and stamping of weights and measures, and weighing and measuring instrument in use in any area including the prohibition of stamping in case 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 weighing and measuring instruments shall be verified or reverified;
   • (j) the seizure, detention and disposal of weights and measures which are not authorised by this Act;
   • (k) the books, accounts and records relating to weights and measures and weighing and measuring instruments to be maintained and the manner in which they may be maintained or produced;
   • (l) the limits of error which may be tolerated in working or secondary standards;
   • (m) 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;
   • (n) 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;
   • (o) the form and manner in which appeals may be preferred against decisions of Inspectors and the procedure for hearing appeals;
   • (p) the fees which may be charged for the grant of licences under section 21 and for verification, reverification, stamping, adjustment and repairing of weights and measures and weighing and measuring instruments and the collection and levy of the same;
   • (q) the material, form and specification, and manufacture and sale of commercial weights and measures and weighing and measuring instruments;
   • (r) the circumstances and conditions under which and the manner in which stamp may be obliterated or defaced; any other matter which has to be, or may be prescribed.
3. (3) In making any rule under this section the Government may provide that a breach thereof shall be punishable with fine which may extend to five hundred rupees.
4. (4) All rules made under this section shall, as soon as possible, after they are made, be laid for not less than fourteen days on the table of the Legislative Assembly and shall be subject to such modifications whether by way of repeal or amendment as that Assembly may make during the session in which they are so laid.

Power to remove difficulties - If any difficulty arises in giving effect to the provisions of this Act, the Government may as occasion may require, by order do anything which appear to them necessary for the purpose of removing the difficulty.

Repeal of Andhra Pradesh Ordinance No.1 of 1958 -

1. (1) The Andhra Pradesh Weights, and Measures (Enforcement) Ordinance, 1958 (Andhra Pradesh Ordinance No. I of 1958), is hereby repealed.
2. (2) Notwithstanding such repeal, anything done or any action taken (including any rule notification or order issued) in the exercise of any power conferred by or under the said Ordinance shall be deemed to have been done or taken in the exercise of the powers conferred by or under this Act, as if this Act were in force on the day on which such thing was done or action was taken.