Chapter 5 Chapter 5

Miscellaneous

No suit, prosecution or other legal proceeding shall lie against the Controller, or any Assistant Controller of Weight and Measures or any Inspector or any other person appointed under this Act in respect of any thing 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.

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 [Judicial Magistrate] of first class shall try any offence punishable under this Act.

A weight or measure or weighing or measuring instrument duly stamped under the provision of this Act and the rules made thereunder shall be presumed to be correct until its inaccuracy is proved, 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.

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, 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. Explanations :- 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 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 directions 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, 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.

The Punjab Weights and Measures Act, 1941, is hereby repealed.

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;
   • (b) the procedure for the verification or re-verification and marking of working standards, the persons by whom and 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 commercial 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 re-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 and 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) any other matter which has to be or may be prescribed.
3. (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.
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) All rules made under this section shall, as soon as may be after they are made, be laid before the State Legislature.