Chapter V MISCELLANEOUS

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

Controller etc. appointed under this Act to be public servants.-The Controller and every Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code, 1860 (45 of 1860).

Cognizance of offences etc.-(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.

1. (2) No court inferior to that of a magistrate of first class shall try any offence punishable under this Act.

Composition of offences.-(1) Any offence punishable under section 24, section 25, section 26, section 28, section 29, section 34 or section 36 other than a second or subsequent offence under section 24 or section 26, may, either before or after the institution of the prosecution, be compounded by the Government on payment of such sum as it thinks fit.

1. (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.

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 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.

Offences by Companies.—

1. (1) If the person committing an offence under this Act is a company, every person who, at the time of the commission of the offence, 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, 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 Official Gazette, direct that any power exerciseable 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 exerciseable also by such officer or authority subordinate to the Government 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 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) in weighing and measuring instruments.

Power to make rules.—

1. (1) The Government may, by notification in the Official Gazette, make rules to carry out the purposes 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 ;
   • (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 ;
   • (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 the verification or re-verification and marking of secondary standards and the manner in which they may be marked ;
   • (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 marked 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 weights and measures and weighing and measuring instruments ;
   • (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 verified ;
   • (j) inspection of weights and measures and weighing and measuring instruments used in transactions for trade or commerce ;
   • (k) the seizure, detention and disposal of weights and measures which are not authorised by this Act ;
   • (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;
   • (m) the limits of error which may be tolerated in secondary or working standards ;
   • (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 ;
   • (o) the limits of error which may be tolerated in selling articles by weights or measures generally or as regards any trade or class of trades ;
   • (p) the form and manner in which appeals may be preferred against decisions of Inspectors and the procedure for hearing appeals ;
   • (q) the fees which may be charged for the grant of licences under section 13 and for verification, re-verification, adjustment and stamping of weights and measures and weighing and measuring instruments and the collection and levy of the same ;
   • (r) the material, form and specification and manufacture and sale of commercial weights and measures and weighing and measuring instruments ; and any other mattea 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) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette.
5. (5) Every rule made under this Act, shall be laid as soon as may be after it is made, before the Legislative Assembly while it is in session for a total period of not less than fourteen days which may be comprised in one session or in two or more successive sessions and if before the expiry of the session in which it is so laid or the sessions aforesaid, the Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule

Repeal and savings.—

1. (1) The Rajasthan Weights and Measures (Enforcement) Act, 1958 (32 of 1958), as applied to Union Territory of Himachal Pradesh, and the Punjab Weights and Measures (Enforcement) Act, 1958, (22 of 1958) as in force in the territories added to Himachal Pradesh under section 5 of the Punjab Reorganisation Act, 1966 (31 of 1966), are hereby repealed : Provided that,—
   • (a) every appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under the provisions of the Acts so repealed shall in so far as it is not inconsistent with the provisions of this Act, be deemed to have been made, issued or given under the provisions of this Act, unless and until superseded by any other appointment, order, rule, bye-law, regulation, notification or notice made, issued or given under this Act ;
   • (b) any proceeding relating to the trial of any offence punishabe under the provisions of the Acts so repealed, shall be continued and completed as if the said Acts have not been repealed but have continued in operation, and any fine imposed in such proceeding shall be recovered under the Acts so repealed, as if the said Acts have not been repealed.
2. (2) Nothing in this Act shall apply to weights or measures or weighing or measuring instruments used by or in any unit or establishment of the Armed Forces of the Union.