Amendment status not verified — confirm the current text below against the official source.
Whoever – refuses or neglects to produce for inspection under section 18, any weight or measure or weighing or measuring instrument or any document or record relating thereto in his possession or on his premises, or refuses to permit an Inspector to inspect and verify and such weight, measure, instrument, document or record, or obstructs the entry of an Inspector under section 18, or otherwise obstructs or hinders as Inspector in the performance of his duties under this Act, shall be punishable with fine which may extend to two thousand rupees. Penalty for breach of duty by Inspector. – 36. If an Inspector knowingly stamps a weight or measure or weighing or measuring instrument in contravention or the provisions of this Act or of the rules made thereunder, he shall be punishable with imprisonment for a period which may extend to one year, or with fine or with both. CHAPTER V MISCELLANEOUS Protection of action taken in good faith. – 37. No suit, prosecution or other legal proceeding shall lie against the Controller, Deputy 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. Controller etc. appointed under this Act to be public servants. – 38. The Controller, every Deputy and 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). Cognizance of offences, etc. – 39. (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 authorized in this behalf by the Controller by general or special order. (2) No court inferior to that of a presidency magistrate or a magistrate of first class shall try any offence punishable under this Act. Composition of offences. – 40. (1) Any offence punishable under section 24. section 25, section 26, section 28, section 29, section 33, or section 35 other than a second or a subsequent offence under section 24 or section 26 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) 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. – 41. 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 an Inspector having charged thereof or by any person acting under the general or special authority of the Controller. Offences by companies. – 42. (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 punishable 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) 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 of the Company 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. – 43. 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 direction be exercisable also by such officer or authority subordinate to the State Government as may be specified in the notification. Limits of error to be tolerated in weights and measures. – 44. Subject to any rules that may be made under the Standard 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 – (a) in secondary standards referred to in section 4; (b) in working standards referred to in section 3; (c) in commercial weights and measures or in selling articles, by weigh or measure generally or as regards any trade or class or trades; and (d) weighing and measuring instruments. Power to make rules. – 45 (1) The State Government may, by notification in the Official Gazette make rules to carry out the purpose of this Act. (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 making 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 the commercial weights and measures may be marked by manufacturers; (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; (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 transaction for trade or commerce; (k) the seizure, detention and disposal of weights and measures which are not authorized by this Act; (l) the books, accounts and records relating to weights and measures and weighing and measuring instrument to 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 agisnt decisions of Inspectors and procedure for hearing appeals; (q) the fees which may be charged for the grant of licenses 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 materials, form and specification and manufacture and sale of commercial weights and measures and weighing and measuring instruments; (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) The power to make rules under this section shall be subject to the condition of previous publication in the Official Gazette. (5) Every rule made under this section shall be laid, as soon as may be after it is made, before the Nagaland Legislative Assembly while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid or the sessions immediately following the Nagaland Legislative Assembly agree in making any modification in the rule or the Nagaland Legislative Assembly agree 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. Saving. – 46. Nothing in this Act shall apply to weights or measures or weighing and measuring instruments used by or in any unit or establishment of the Armed Forces of the Union. -- o --