Bare ActsThe Odisha Weights and Measures (Enforcement) Act,1958

Section 41

(1) If the person committing an offence under compsnies,

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(1) If the person committing an offence under compsnies, . this ,Act is a company, every person who at the time the offence was committed, was incharge of, and was responsible to, the company for the conduct of the business of the company as well as the com- pany, shal1 be deemed to be guilty of the offence and shall be liable to be proceeded against ahd punished accordingIy : Provided that xlothjng contained in this sub- section shall render any such person liable to punishment if he proves that the offence was commit- ted without his knowledge or that he exercised all due diligence to prevent the commission of such offence. , , (2) Notwithstanding anything contained in sub- section (11, where an offence under tbis Act has been committed by a company and it is proved that the offence has been committed with tbe consent or connivance of, or is attributable to any neglect on the part of any director, manager, secretary or other officer, such oficer shall also be deemed to be guilty of that offence arid shall be liable to be proceeded against and punished accordingly, Explnnarion--For the purposes of this section- (a) "wmpauy" means any body corporate and inclodes a firm or other association of individuals ; and (b) "director" in relation to a firm, means a partner in the h. 42, The State Government may, by no-cation Delegation in the -Gazette, direct that any power exercisable by POWcMm them under this Act or mIes 'made thereunder shalI, in relation to such matters and subject to such condi- tions, as may be specified in the direction be exer- cisable also by such officer .or authority subordi- nate to the State Government as may be spmified in the notification. -43. Subject to any rules that may be mademM under the Standards of Weights and Measures Act, ;;;;;ibin 89 of-1956 1956, in this behalf, the State Government play,i*& and 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 ~ommercial weights and measures'or in A selling articles by weight or measure generally or as regards any trade or class of trades ; and. . ' (d) weighing and measuring instruments.

Section 41 – The Odisha Weights and Measures (Enforcement) Act,1958 | DailyLaw.ai