(i) The Administrator shall, by order, specify the courts by which offences under this Regulation shall be tried in the Laccadive and Minicoy Islands and in the Amindivi Islands.
(2) No court shall take cognizance of an offence punishable under this Regulation except upon complaint in writing made by the Controller or any officer authorised in this behalf by the Controller by general or special order.
Cognizjnce of oftences, etc.
39. A weight or measure or weighing or measuring instrument duly stamped under the provisions of this Regulation 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.
Stamped weight, etc.j to be presumed to be correct.
So THE GAZETTE OF INDIA EXTRAORDINARY [PART II OffcnccB by companies. 40. (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 (1), 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 other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Eocplanation.—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.
41. The Administrator 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 Administrator as may be specified in the notification.
Limits of error to be tolerated in weights and measures.
42. Subject to any rules that may be made under the Standards of Weights and Measures Act, 1956, in this behalf, the Administrator 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 weight or measure generally or as regards any trade or class of trades; and 39 of 1956, power to make rules
(d) in weighing and measuring instruments.