Chapter V Chapter V

Miscellaneous

Protection of action taken in good faith.--No suit, prosecution or other legal proceeding shall lie against the Controller of Weights and Measures 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, Assistant Controller, or Inspector to be public servant.-The Controller, every Assistant Controller or Inspector appointed under this Act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (Central Act XLV 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 of Weights and Measures or any officer authorised in this behalf by the said Controller by general or special order.

1. (2) No court other than a court specially empowered in this behalf by the Chief Commissioner 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

having charge thereof or by any person acting under the general or special authozity of the Controller of Weights and ~easures, be presumed to be correct, until its inaccuracy is proved.

Offences by companies.-(1) If the person committing

an offence under this ny rule made thereunder is a company, every perso tlie timi the-offerice'wai cdm- rniGdd, 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

exercised all due diligence to prevent the commission of such offence.

1. (2) Notwithstanding anything contained in sub-section (I),

neglect on the part of, any director, manager, secretary or other

officer, such director, manager, secretary or

ot5er officer shal! 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-

1. (a) "company" means any body corporate and includes a firm or other association of individuals ; and
2. (b) "director", in relation to a firm, mezns a partner in the firm.

Delegation of powers.-The Government may, by notification, direct that any power exercisable by them under this Act or the rules made thereunder shall, in relation to such matters and subject to such conditions, as may be specified in such notification, be exercisable 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 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) in weighing and measuring instruments.

-1 43. Power to make rules.-(1) The Government may, by notification, make rules to carry out the purposes of this Act.

1. (2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the followiag matters: namely,-
   • (a) the form and manner in which, and the conditions subject to which, licences may be granted under section 13 ;
   • (b) the qualifications, functions and duties generally of Inspectors under this Act ;
   • (c) verification and stamping of weights and measures and weighing and measuring instruments and the period within which they are to be re-verified ;
   • (d) inspection of weights and measures and weighing and measuring instruments used in transactions for trade, business or commerce ;
   • (e) the seizure, disposal and destruction of weights and measures which are not authorized by this Act ;
   • (f) the form and manner in which appeals may be preferred against decisions of Inspectors and the grocedyre for hearin6 appeals ;
   • (g) ar~y other matter uhich has to be, or may be,
2. (3) In making any rule under this Act, the Government may provide that a breach thereof shall be punishable with fine which may extend to five hundred rupees.