Bare Act Search Results

Marking of Heavy Packages Act, 1951 Amending Act I

Title: Marking of Heavy Packages (Amendment) Act, 1961

State: Central

Year: 1951

.....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,.....

Marking of Heavy Packages Act, 1951 Complete Act

Title: Marking of Heavy Packages Act, 1951

State: Central

Year: 1951

Preamble1 - MARKING OF HEAVY PACKAGES ACT, 1951 Section1 - Short title, extent and commencement Section2 - Definitions Section3 - Obligation to mark weight on heavy packages Section4 - Inspectors Section5 - Powers of inspectors Section6 - Penalties Section7 - Offences by companies Section8 - Cognizance of offences Section9 - Protection of action taken in good faith Section10 - Power to make rules Amending ActI - MARKING OF HEAVY PACKAGES (AMENDMENT) ACT, 1961

Marking of Heavy Packages Act, 1951 Preamble 1

Title: Marking of Heavy Packages Act, 1951

State: Central

Year: 1951

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:--

Marking of Heavy Packages Act, 1951 Section 3

Title: Obligation to Mark Weight on Heavy Packages

State: Central

Year: 1951

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.

Marking of Heavy Packages Act, 1951 Complete Act

State: Central

Year: 1951

.....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,.....

Marking of Heavy Packages Act, 1951 Section 4

Title: Inspectors

State: Central

Year: 1951

.....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.....

Marking of Heavy Packages Act, 1951 Section 5

Title: Powers of Inspectors

State: Central

Year: 1951

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.]

Marking of Heavy Packages Act, 1951 Section 10

Title: Power to Make Rules

State: Central

Year: 1951

(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.]

Marking of Heavy Packages Act, 1951 Section 2

Title: Definitions

State: Central

Year: 1951

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.

Marking of Heavy Packages Act, 1951 Section 1

Title: Short Title, Extent and Commencement

State: Central

Year: 1951

(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.