(1) If the person committing an offence punishable Offenceaby under this Act is a company, the company and every director, "Paul"' manager, secretary or agent of the company, unless such director, managers secretary or agent proves that the offence was committed without his knowledge or consent, shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished.
12 Tho West Bengal Standards of Weights ;and Measures (Enforcement) Act, 1958:
[West Ben. Act (Chapter V.—Miscellaneous.—Sections 37-39.)
(2) Notwithstanding anything contained in subsection (1), wheat an offence punishable 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 other officer or person concerned in the management of the company, such other officer or person shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished.
Ezplanabion.—For the purposes of this section—
(a) "company" means a 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 37. The State Government may, by notification in the of powers. Official Gazette, direct that any power exercisable by it under this Act or the 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 State Government as may be specified in the notification.
Limits of 38. Subject to any rules that may be made under the error tobe Standards of Weights and Measures Act, 1956, in this behalf, 89-a 1956' tolerated the State Government may prescribe the limits of error which in weights and may be tolerated-
131GSBUIVS. (a) in working models referred to in section 3;
(b) in verification models referred to in section 4;
(c) in weights and measures or in selling articles by weight or measure generally or as regards any trade or class of trades; and
(d) in weighing instruments and measuring instruments.
Power to 39. (1) The State Government may, by notification in ' make rules. the Official Gazette, make rules to carry out the purposes of this Act.
(2) In particular, and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:—
(a) the material of which and the designs and specifications according to which working models may he made, the agency by which such models may be prepared, the person by whom or the authority by which such models may be verified and stamped, the places at which and the custody and manner in which such models may be kept;
fittexif eat Bengal Standards of Wiights and 'features 13 (Enforcement) Act, 1958.
- XXIII of Oaf • (Chapter V.—Miscellaneous.—Section 39.)
(h) the manner and procedure for the verification or re-verification and stamping of working models;
(c) the material of which and the designs and specifications according to which verification models may be made, the person by Whom or the authority by which such models may be stamped, the places at which and the custody and manner in which such models may be kept;
(d) the manner and procedure for the verification or re-verification and stamping of verification models;
(e) the manner in which weighing instruments and measuring instruments may be verified and stamped with stamps of verification and necessary particulars regarding the same;
tj) the manner in which denominations may be marked on weights and measures and the manner in which weights and measures may be verified and stamped with stamps of verification;
(p) the form in which, and the conditions subject to which licenses may be granted to persons for manufacture, repair or sale of weights and measures and weighing instruments and measuring instruments, the procedure for granting licenses and the authorities by which licenses may be granted;
(h) the qualifications, functions and duties generally of Inspectors and other persons appointed under subsection (4) of section 13 of this Act;
(i) the period within which working models and weights and measures and weighing instruments and measuring instruments are to be re-verified;
(j) inspection of weights and measures and weighing instruments and measuring instruments used in transactions in trade or commerce;
(k) the seizure and disposal of weights and measures which are not authorised by this Act;
(I) the books, accounts and records relating to weights and measures and weighing instruments and measuring instruments to be maintained and the manner in which they may be maintained or produced;
14 The. West Bengal Standards of Weights and Measures (Enforcement) Act, 1958.
[West Ben. Act XXIII et 1952.1 (Chapter V.—Miscellaneous.—Section 39.)
(m) the form and manner in which appeals may be preferred under section 17 and the procedure for hearing appeals;
(n) the fees which may be charged for the grant of licenses under section 11 and for verification re-verification and stamping of weights ang measures and weighing instruments and measuring instruments and the collection and levy of the ;
(o) any other matter which has to be, or may be,.
prescribed.
(3) In making any rule under this section the State Government may provide that a breach thereof shall be punishable with fine which may extend to five hundred rupees.
(4) The power to make rules under this section shall besubject to the condition of previous publication in the Official Gazette.
(5) All rules made under this section shall, as soon as may be, after they are made, be laid before the State liegislature.
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