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Section 41

The Telangana Weights and Measures (Enforcement) Act, 1958.State Act of Telangana · Act 1 of 1959

(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was incharge of, and was responsible to, the Protection of action taken in good faith.

Controller etc, appointed under the Act to be public servants.

Cognizance of offences, etc.

Stamped weights etc., to be presumed to be correct.

Offences by Companies.

[Act No. I of 1959] 17 company for the 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 exercised all due diligence to prevent the commission of such offence.

(2) Notwithstanding anything contained in sub-section

(1) where an offence under this Act 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, 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.

42. The Government may, by notification in the 5Telangana Gazette direct that any power exercisable by them under this Act 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 them as may be specified in the notification.

5. Substituted by G.O.Ms.No.45, Law (F) Department, dated 01.06.2016.

Delegation of powers.

18 [Act No. I of 1959]

43. Subject to any rules that may be made under the Standards of Weights and Measures Act, 1956 (Central weights and Act 89 of 1956) in this behalf, the Government may prescribe the limits of error which may be tolerated:-

(a) in working standards referred to in section 3;

(b) in secondary standards referred to in section 4;

(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.

44. The following Acts are hereby repealed:-

(1) The Hyderabad Weights and Measures Act, 1356 F.

(Hyderabad Act XIV of 1356 F.)

(2) The Madras Weights and Measures Act, 1948 (Madars Act XXII of 1948).

Where this provision sits

ActThe Telangana Weights and Measures (Enforcement) Act, 1958.
Section41
JurisdictionState of Telangana
StatusIn force as published by the source

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