(1) Whoever forges or counterfeits- any stamp used under this Act for the stamphg of any standard weight or measure or, weighing or ' measuring instrument or possesses any such counterfeit stam or removes a stamp from any , standard wei& or measure or weighing or measuring instriuheht .and inserts the same into another weight or measure or weighing o j measuring instrument or wiifully increases :or diminishes a weight or measure so stamped shall be punishable with impriioment fur a period which may extend to one month, or with fine which m y extend to five hundred rupees or with both.
20of IS8 1' ( B N F O R C ~ ~ ~ ) ACT, 1958 (Secs. 36-38)
(2) Whoever knowingly uses, sells, disposes of or exposes for sale any weight or measure or weighing or measuring instrument with such forged or counterfeit stamp thereon, or a weight or a measure so increased or diminished shall be punishable with imprisonment for a pefiod which may extend to one month or with fine which may extend to five hundred rupees or with both.
36. Whoever- p~ndbr TW ocgfet .an refusal to '
(a) refuses or neglects to produce for inspec- pr tl d a tion under section 17, any weight or measure or weisbt or m a a i u v o weighing or measuring instrument or any document ,t,., f o r or record relating thereto in his possession or on his 1nspccw.
premises ; or
(b) refuses to permit an Inspector to inspect and verify any such weight, measure, instrument, document on r m r d ; or
(c) obstructs the entry of an 'Inspector under section 17 ; or (d ) otherwise obstructs or hinden an ~ ~ s ~ e c t b r , in the performance of his duties under this Act, shall be punishable with fmc which may extend to five hundred rupees.
37. If an Inspector knowingly stamps a weight Pcnaltyfor brwch of or rneasure or weighing or measuring instrument in duty contravention of the provisions of this Act or of the IOSPGC~O~.
rules made thereunder, he shall be punishable with imprisonment for a period which may extend to three months, or with fine which may .e~tend to seven hundred. and Ety rupees or with both.
CHAPTER V
3. .No suit, prosecution or other legal proceeding Aattcti on shall lie against '[any officer] or any other person ~:~",';n appointed under t b i s Act in respect of anything, wbich good f ~ a .
is in good faith done or intended to be done in pursuance of this Act or rules made thereunder.
I. ubstiruted y the Orissa Wtkbtn an ~ r & s ( enro~cmYai (&,"w+nt ) AH, P i 9 (Or. Act 7of 1969). a. i 40 THE O m WEIGHTS AND MMURES [ Or. Act ( Secs. 39-41 ) -ce 39. ( I ) NO court shall take cognizance of an d*mceg* offence punishable under. this Act except upon a&. complaint in writing made-by the Controller or any oficer authorised in this behalf by the Controller by general or special order.
(2) No court inferior to that of a Magistrate of ~ i r s t Class shall try any offense punishable under this Act.
st-pcd 40. A weight or measure or weighing or measurr e ~ t s , etc. ing ir~strument duly stamped under the provisions %,:r of this Act and the rules made thereunder shall be POW*. presumed to be correct urrtiI its inaccuracy is proved, on its being produced in any court by any Inspector having charge thereof or by any person acting under the general or special authority of the Controller.
Q ~ E Z ~ C U by 41. (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 company, 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 subsection 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 subsection (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 conditions, as may be specified in the direction be exercisable also by such officer .or authority subordinate 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.