Chapter VI Chapter VI

Miscellaneous

No suit, prosecution or other legal proceeding shall lie against the Controller or 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 rules made thereunder.

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 (45 of 1860).

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.

1. (1) Any offence punishable under section 26, section 27, section 28, section 30, section 33, section 38 or section 40 other than a second or a subsequent offence under section 26 or section 28 may, either before or after the institution of the prosecution, be compounded by the State Government on payment of such sum as the State Government thinks fit.
2. (2) On payment by the offender of such sum, the offender, if in custody, shall be set at liberty and if any proceedings in any criminal court have been instituted against the offender in respect of the offence the composition shall be deemed to amount to an acquittal and no further criminal proceedings shall be taken against him in respect of such offence.

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 having charge thereof or by any person acting under the general or special authority of the Controller.

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 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-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 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.

The State Government may, by notification in the Official

Gazette, direct that any power or duty exercisable by it 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 the State Government as may be specified in the notification.

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 limits of error which may be tolerated—

1. (a) in secondary standards referred to in section 4;
2. (b) in working standards referred to in section 3;
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.

1. (1) The State Government may, by notification in the Official Gazette, make rules to carry out the purpose of this Act.
2. (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 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;

1. (b) the procedure for the verification or re-verification and marking of working standards, the persons by whom the places at which and the intervals at which, they may be marked;
2. (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;
3. (d) the procedure for the verification or reverification and marking of secondary standards and the manner in which they may be marked;
4. (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;
5. (f) the manner in which commercial weights and measures may be marked by manufacturers;
6. (g) the form and manner in which, and the conditions subject to which licenses may be granted to persons for manufacture, repair or sale of commercial weights and measures and weighing and measuring instruments;
7. (h) the qualifications, functions and duties generally of Inspectors under this Act;
   • (i) verification and stamping of weights and measures and weighing and measuring instruments and the period within which they are to be reverified;
8. (j) inspection of weights and measures and weighing and measuring instruments used in transactions for trade or commerce;
9. (k) the seizure, detention and disposal of weights and measures which are not authorised by this Act;
10. (l) 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;
11. (m) the limits of error which may be tolerated in secondary or working standards;
12. (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;
13. (o) the limits or error which may be tolerated in selling articles by weights and measures generally or as regards any trade or class of trades;
14. (p) the form and manner in which appeals may be preferred against decisions of Controller, Assistant Controller and Inspectors and the procedure for hearing appeals;
15. (q) the fees which may be charged for the grant of licences under section 14 and for

verification, reverification, adjustment and stamping of weights and measures and weighing and measuring instruments and the collection and levy of the same;

1. (r) the material, form and specification and manufacture and sale of commercial weights and measures and weighing and measuring instruments;
2. (s) any other matter which has to be, or may be, prescribed.

1. (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 five hundred rupees.
2. (4) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette.
3. (5) All rules made under this section shall, as soon as may be, after they are made, be laid before the State Legislature.

1. (1) On coming into force of this Act or any part thereof, in any area or areas, the postures (order of the municipality) of respective municipality as in force in

that area or areas of Union Territory of Goa, Daman and Diu shall, to the extent to which they contain any provision which correspond to any provision of this Act, stand repealed in such area or areas: Provided that such repeal shall not affect:—

1. (a) the previous operation of the said law or anything duly done or suffered thereunder; or
2. (b) any right, privilege, obligation or liability acquired accrued or incurred under the said law; or
3. (c) any penalty, forfeiture or punishment incurred in respect of any offence committed against the said law; or
4. (d) any investigation, legal proceeding or remedy in respect of any such right, privilege, obligation, liability, forfeiture or punishment as aforesaid; and any such investigation, legal proceeding or remedy may be instituted, continued or enforced, and any such penalty, forfeiture or punishment may be imposed as if this Act had not been passed: Provided further that all appointments made, notifications and notices issued, rules, bye-laws and order made, contracts entered into under any repealed law shall, so far as they are not

inconsistent with the provisions of this Act and the Rules, continue in force and be deemed to have been made, issued and entered into under this Act.

1. (2) If, immediately before the commencement of this Act or any provision thereof in respect

of any area or class of goods or undertaking, there is in force in respect of that area or class of goods or undertakings, any law which corresponds to this Act or to any provision thereof and which is not repealed by sub-section (1), that corresponding law shall stand repealed.

Secretariat, Panaji, May 17, 1968. R. L. SEGEL, Secretary to the Legislative Assembly of Goa, Daman and Diu.