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MARKING OF HEAVY PACKAGES ACT

Ministry of Law and Justice

Act nº 39 of 1951


  • Amending Acts
  • Act nº 39 of 1951

Preamble

THE MARKING OF HEAVY PACKAGES ACT, 1951

[Act, No. 39 of 1951]

[25th June, 1951]

PREAMBLE

An Act to give effect to the International Convention drawn up in Geneva on the 30th day of May, 1929, for the marking of weight on heavy packages transported by sea or inland water-ways.

BE it enacted by Parliament as follows:--

Section 1. Short title, extent and commencement

(1) This Act may be called the Marking of Heavy Packages Act, 1951.

(2) It extends to the whole of India.

(3) It shall come into force on such data as the Central Government may by notification in the Official Gazette, appoint.

Section 2. Definitions

In this Act, unless the context otherwise requires,--

(a)"heavy package" means a package or other object weighing not less that one metric ton, which is equal to one thousand kilogrammes or 2204.6 standard pounds or 26.8 standard maunds;

(b)"inland water-way" means any canal, river, lake or other navigable water in India.

Section 3. Obligation to mark weight on heavy packages

Every person consigning a heavy package for transport by sea or inland water-way from any place in India shall have marked thereon plainly durably and conspicuously the gross weight of the packages:

Provided that in cases or circumstances specified by rules made under this Act where it is difficult to determine the correct weight, only the approximate weight maybe so marked.

Section 4. Inspectors

1[4. Inspectors

(1) The Central Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this Act and assign to each of them one or more areas to be specified in the notification, or to two or more of them the same area to be so specified.

(2) Every inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code(45 of 1860).

1. Section 4 and 5 Substituted by The Marketing of Heavy Packages (Amendment) Act, 1961 w.e.f. 25-08-1961. Prior to substitution Section 4 and 5 stood as under

" 4. Penalty.-- (1) If any person contravenes the provisions of section 3, he shall be punishable with fine which may extend to five hundred rupees.

(2) If the person contravening the said provisions is a company or other body corporate, every managing director, manager or secretary thereof shall, unless be proves that the contravention took place without his knowledge or that he exercised all due diligence to prevent such contravention, be deemed to be guilty of such contravention.

5. Power to make rules.-- The Central Government may, by notification in the Official Gazette, make rules.

(a) specifying the conditions as to the manner of making of all heavy packages, the manner of packing and the type covering to be used;

(b) specifying the cases or circumstances in which the approximate weights of heavy packages instead of their correct weight may be marked."


Section 5. Powers of inspectors

Subject to any rules made by the Central Government in this behalf, an inspector appointed under sub-section (1) of section 4 may--

(a) enter, with such assistants as he considers necessary, and inspect any place or vessel and examine any packages found therein;

(b) if, on such examination, any heavy package is found not to have been marked in accordance with the provisions of section 3, direct that the package shall not be transported by sea or inland waterway until it has been marked in accordance with those provisions:

Provided that, instead of issuing any direction as aforesaid, the inspector may himself cause the package to be marked in accordance with the provisions of section 3; and in any such case, the expenses incurred by him for such marking shall be recoverable as an arrear of land revenue from the person consigning the package for transport.]

Section 6. Penalties

1[6. Penalties

(1) If any person contravenes --

(a) the provisions of section 3, or

(b) any direction given by an inspector under clause (b) of section 5,

he shall be punishable with fine which may extend to five hundred rupees.

(2) If any person wilfully obstructs an inspector in the exercise of his powers under this Act, he shall be punishable with fine which may extend to two hundred rupees.

1. Section 6,7,8,9, and 10 inserted by The Marketing of Heavy Packages (Amendment) Act, 1961 w.e.f. 25-08-1961.


Section 7. Offences by companies

(1) Where the person committing an offence under this Act 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 this 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 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.

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.

Section 8. Cognizance of offences

(1) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.

(2) No court shall take cognizance of any offence under this Act except on a complaint in writing made by an inspector within six months of the date on which the offence is alleged to have been committed.

Section 9. Protection of action taken in good faith

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

Section 10. Power to make rules

(1) The Central Government may, by notification in the Official Gazette, make rules providing for--

(a) the conditions as to the manner of marking of heavy packages, the manner of their packing and the type of covering to be used;

(b) the cases or circumstances in which the approximate weight of heavy packages instead of their correct weight may be marked;

(c) any other matter which has to be, or may be, provided for by rules.

(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.]

Amending Acts

Marking of Heavy Packages (Amendment) Act, 1961

THE MARKING OF HEAVY PACKAGES (AMENDMENT) ACT, 1961

[Act, No. 29 of 1961]

[25th August, 1961]

PREAMBLE

An Act to amend the Marking of Heavy Packages Act, 1951.

BE it enacted by Parliament in the Twelfth Year of the Republic of India as follows:--

1. Short title.--

This Act may be called the Marking of Heavy Packages (Amendment) Act, 1961.

2. Substitution of new sections for sections 4 and 5.--

For sections 4 and 5 of the Marking of Heavy Packages Act, 1951, (39 of 1951) the following sections shall be substituted, namely:--

"4.Inspectors.--

(1) The Central Government may, by notification in the Official Gazette, appoint such persons as it thinks fit to be inspectors for the purposes of this Act and assign to each of them one or more areas to be specified in the notification, or to two or more of them the same area to be so specified.

(2) Every inspector shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code(45 of 1860).

5. Powers of inspectors.--

Subject to any rules made by the Central Government in this behalf, an inspector appointed under sub-section (1) of section 4 may--

(a) enter, with such assistants as he considers necessary, and inspect any place or vessel and examine any packages found therein;

(b) if, on such examination, any heavy package is found not to have been marked in accordance with the provisions of section 3, direct that the package shall not be transported by sea or inland waterway until it has been marked in accordance with those provisions:

Provided that, instead of issuing any direction as aforesaid, the inspector may himself cause the package to be marked in accordance with the provisions of section 3; and in any such case, the expenses incurred by him for such marking shall be recoverable as an arrear of land revenue from the person consigning the package for transport.

6. Penalties.--

(1) If any person contravenes--

(a) the provisions of section 3, or

(b) any direction given by an inspector under clause (b) of section 5,

he shall be punishable with fine which may extend to five hundred rupees.

(2) If any person wilfully obstructs an inspector in the exercise of his powers under this Act, he shall be punishable with fine which may extend to two hundred rupees.

7. Offences by companies.--

(1) Where the person committing an offence under this Act 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 this 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 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.

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.

8. Cognizance of offences.--

(1) No court inferior to that of a Presidency Magistrate or a Magistrate of the first class shall try any offence under this Act.

(2) No court shall take cognizance of any offence under this Act except on a complaint in writing made by an inspector within six months of the date on which the offence is alleged to have been committed.

9. Protection of action taken in good faith.--

No suit, prosecution or other legal proceeding shall lie against any person for anything which is in good faith done or intended to be done under this Act.

10. Power to make rules.--

(1) The Central Government may, by notification in the Official Gazette, make rules providing for--

(a) the conditions as to the manner of marking of heavy packages, the manner of their packing and the type of covering to be used;

(b) the cases or circumstances in which the approximate weight of heavy packages instead of their correct weight may be marked;

(c) any other matter which has to be, or may be, provided for by rules.

(2) Every rule made under this section shall be laid as soon as may be after it is made before each House of Parliament while it is in session for a total period of thirty days which may be comprised in one session or in two successive sessions, and if, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule".

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