(1) If any Inspector or any other officer exercising pow«:ri under this Regulation or any rule made thereunder wilfully verifies or stamps any weight or measure in contravention of the provisions of this Regulation or of any rule made thereunder, he shall, for every such offence, be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
(2) If any Inspector or other officer who enters into any premises in the course of his duty wilfully discloses, except in the performance of such duty, to any person any information obtained by him from such premises with regard to any trade secret or any secret in relation to any manufacturing process, he shall be punished with imprisonment for a term which may extend to one year, or with fine wfTich may extend to two' thousand rupees, or with both.
Vexatious search.
57. An Inspector or any other officer exercising powers under this Regulation or any rule or order made thereunder who knowg that there are no reasonable grounds for so doing, and yet—
(a) searches, or causes to be searched, any house, conveyance Or place, or
(b) searches any person, or
(c) seizes any weight, measu/e ir other movable property, shall, for every such offence, be punished with imprisonment for a term SEC. 1] THE GAZETTE OF INDIA EXTRAORDINARY 53 which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
58. Whoever contravenes any provision of this Regulation for the contravention of which no punishment has been separately provided for in this Regulation, shall be punished with fine which may extend to two thousand rupees.
Penalty for contraventions not separately provided for.
59, (1) If any person—
(a) makes or manufactures, or causes to be made or manufactured, any false weight or measure, or
(b) uses, or causes to be used, any false or unverified weight or measure in any transaction or for industrial production or for protection, or
(c) sells, distributes, delivers or otherwise transfers, or causes to be sold, distributed, delivered or otherwise transferred, any false or unverified weight or measure, it shall be presumed, until the contrary is proved, that he had done so with the knowledge that the weight or measure was a false or unverified weight or measure, as the case may be.
(2) If any person has in his possession, custody or control any false or unverified weight or measure in such circumstances as to indicate that such weight or measure is likely to be used in any transaction or for industrial producticn or for protection, it shall be presumed, until the contrary is proved, that such false or unverified weight or measure was possessed, held or controlled by such person with the intention of using the same in any transaction or for industrial production or for protection.
Presumption to be made in certain cases.
fiO. (1) Any employer who knows or has reason to believe that any person employed by him has, in the course of such employment, contravened any provision of this Regulation or any rule made thereunder, shall be deemed to have abetted an offence against this Regulation:
Provided that no such abetment shall be deemed to have taken place if such employer has, before the expiry of seven days from the date—
(a) on which he comes to know of the contravention, or
(b) has reason to believe that contravention has been made, intimated in writing to the Controller the name of the person by whom such contravention was made and the date and other particulars of such contravention.
(2) Whoever is deemed under sub-section (1) to have abetted an offence against this Regulaticn shall be punished with imprisonment for a term which may extend to one year, or with fine which may extend to two thousand rupees, or with both.
Explanation.—Dismissal cr termination of service of an employee after the expiry of the period specified in the proviso to sub-section (1) shall not absolve any employer of his liability under this sub-section.
When emp'oyer to be deemed to have abetted an offence.
54 THE GAZETTE OF INDIA EXTRAORDINARY [PART It— Offences by companies.
61. (I) If the person committing an offence under this Regulation It a company, every person, who, at the time the offence was committed was in charge of, and was responsible to, the company for ftie 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 render any such person liable to punishment if he proves that the offence was committed without his knowledge or that he had 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 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.
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.
Cognizance of offences.
62. Notwithstanding anything contained in the Code of Criminal Procedure, 1973,—
(a) no court shall take cognizance of an offence punishable under this Regulation except upon a complaint, in writing made by the Controller or any other officer authorised in this behalf by the Controller by general or special order;
(b) no court inferior to that of a Judicial Magistrate of the first class shall try any offence under this Regulation;
(c) an offence punishable under section 34, 36, 37, 38, 39, 40, 43, 49, 50, 51 or sub-section (3) of section 69 may be tried summarily by a Magistrate and no sentence of imprisonment for a term exceeding one year shall be passed in the case of any conviction for an offence which is tried summarily under this section.
2 of 1974.
Compounding of offences.