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Section 40

The Andaman and Nicobar Islands Weights and Measures (Enforcement) Regulation, 1959.Regulations · 1959

(1) If the person committing an offence under this Regulation is a company, the company as well as every person in-charge of, and responsible to, the company for the conduct of its business at the time of the commission of the offence 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 any 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 (2), where an offence under this Regulation has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or that the commission of the offence is attributable to any neglect on the part of, any director, manager, secretary or other officer of the company, such director, manager, secretary or othet officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY i5

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.

41. The Chief Commissioner may, by notification in the Official Gazette, direct that any power exercisable by him under this Regulation 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 Chief Commissioner as may be specified in the notification.

Delegation of power i.

19 of 1956.

42. Subject to any rules that may be made under the Standards of '• Weights and Measures Act, 1956, in this behalf, the Chief Commis- [ sioner may prescribe the limits of error which may be tolerated,— j

(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 weight or measure generally or as regards any trade or class of trades; and

(d) weighing and measuring instruments.

Limits ot error to be tolerated in weights an< measures.

Where this provision sits

ActThe Andaman and Nicobar Islands Weights and Measures (Enforcement) Regulation, 1959.
Section40
StatusIn force as published by the source

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