Offences by companies
Section 40 of the Assam Weights and Measures (Enforcement) Act, 1958 deals with offences by companies. If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to the 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
(1) If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to the 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 of the company 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, includes a partner in the firm.
Section 40, The Assam Weights and Measures (Enforcement) Act, 1958 (Act 19 of 1959).
Questions about Section 40
What does Section 40 of the Assam Weights and Measures (Enforcement) Act deal with?
Section 40 of the Assam Weights and Measures (Enforcement) Act is headed "Offences by companies". If the person committing an offence under this Act is a company, every person who, at the time the offence was committed, was in-charge of, and was responsible to the 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
How do I find court cases under Section 40 of the Assam Weights and Measures (Enforcement) Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Assam Weights and Measures (Enforcement) Act 40, section 40 Assam Weights and Measures (Enforcement) Act, section 40 of the Assam Weights and Measures (Enforcement) Act. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome.
When was the Assam Weights and Measures (Enforcement) Act enacted?
Assam Weights and Measures (Enforcement) Act was enacted in 1959 as Act 19 of 1959. India Code records no commencement date for it. It is in force as at the date shown on this page.
Other sections of this Act
- 44. Power to make rules630 words
- 17. Power to inspect, etc515 words
- 2. Definitions319 words
- 3. Working Standards242 words
- 25. Penalty for use of unstamped commercial weights and measures219 words
- 20. Appeals184 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Read from the Government's own scanned gazette with Azure Document Intelligence, then split into sections by their numbering. India Code publishes no text for this Act. The scan itself is mirrored into our own storage and served at /scan/11d6296c-d308-49e9-851f-f48865e6ba9f.pdf, so the reading here can be checked against the page it came from without depending on India Code's own copy staying where it is (it was at https://indiacode.gov.in/server/api/core/bitstreams/2b4c5629-6960-4f43-a8a0-015c4ea63162/content). This page is not a substitute for legal advice.