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MARKING OF HEAVY PACKAGES ACT, 1951
39 of 1951
25th June, 1951
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 waterways. BE it enacted by Parliament as follows:-
SECTION 01: SHORT TITLE, EXTENT AND COMMENCEMENT
(1) This Act may be called the Marking of Heavy Packages Act, 1951.
(2) It extends2to the whole of India.
(3) It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
SECTION 02: DEFINITIONS
In this Act, unless the context otherwise requires,-
(a) "heavy package" means a package or other object weighing not less than 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 03: OBLIGATION TO MARK WEIGHT ON HEAVY PACKAGES
Every person consigning a heavy package for transport by sea or inland waterways 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 may be so marked.
SECTION 04: 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-.
SECTION 05: 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 waterways 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 lo 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 06: 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.
SECTION 07: 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 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 that the commission of the offence is attributable lo 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
(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 08: 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 09: 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.]
MARKING OF HEAVY PACKAGES RULES 1951
S.R.O 1670.- New Delhi, the 29th October. 1961-In exercise of the power conferred by section 5 of the Marking of Heavy Packages Act, 1951 (39 of 1951), the Central] Government hereby makes the follow- ing Rules, namely:-
RULE 01: SHORT TITLE AND COMMENCEMENT
(1) These Rules may be called the Marking of Heavy Packages Rules l951.
(2) They shall come into force on the 1st day of November, 1951.
RULE 02: MANNER OF MARKING OF HEAVY PACKAGES
(1) The gross weight on a heavy package shall be marked thereon in the English and the regional language with a kind of paint which is not easily effaceable.
(2) Where a heavy package is of a light colour, black paint shall be used and where the package is of a dark colcur, white or yellow paint shall be used.
RULE 03: GROSS OF WEIGHT TO BE MARKED IN METRIC TOW, KILOGRAMMES, MAUNDS OR POUNDS
-Subject to the provisions of Rule 7-, the gross weight of a heavy package shall be marked thereon in metric tons. kilogrammes, standard pounds or standard maunds.
RULE 04: PLACE OF MARKING
- The gross weight shall be marked on two sides of a heavy package so that in whatever position the package is placed, the marking is easily visible.
RULE 05: SIZE OF LETTERS OR FIGURES
- Every liter or figure used to mark the gross weight of a heavy package shall be at lea.-t There inches in length and one quarter of an inch in breadth.
RULE 06: MANNER OF PACKING
(1) The goods in a heavy package shall be securely packed in a strong covering in such manner that there is no movement of the goods inside the package or any danger of the disintegration of the goods or the covering.
(2) The covering shall be of such material and nature as can stand the strain of the package being bandied during the course of loading or unloading so that the risk of any injury to persons who handle the package is minimized.
RULE 07: MARKING OF APPROXIMATE WEIGHT IN CERTAIN CIRCUMSTANCES
-Where at the place from where a heavy package is consigned there are no means available for determining the correct weight of the package, the anticipated minimum and maximum weight of the package in metric tons, kilogrammes, standard pounds or standard maulids shall be marked thereon in the manner herein before specified : Provided that such anticipated maximum weight shall be so assessed that it does not fall below the actual weight of the package.
Footnotes:
2. The Act has been extended to the Union Territory of Pondicherry by Regn. VII of 1963 (1-10-1963).
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