The Marking of Heavy Packages Act, 1951

Summary of the Marking of Heavy Packages Act, 1951

Overview

Core Provisions

1. Definition & Scope:

• Heavy Package: Defined by a minimum weight of 1 metric ton.

• Applicability: Packages transported by sea or inland waterways.

2. Marking Requirements: - Mandatory Marking: Gross weight must be marked plainly, durably, and conspicuously.

• Exceptions & Alternatives: Provision for approximate weight marking in challenging situations.

3. Inspectorate: - Appointment: By the Central Government.

• Status: Inspectors are deemed public servants under the Indian Penal Code.

4. Inspector Powers & Responsibilities:

• Inspection Rights: Entry, examination of premises, vessels, and packages.

• Corrective Actions: Authority to direct compliance or mark packages at the consignor’s expense.

5. Penal Provisions: - Non-Compliance with Marking or Directions: Maximum fine of 500 rupees.

• Obstruction of Inspectors: Maximum fine of 200 rupees.

6. Corporate Liability: - Company Responsibility: Liable for offences.

• Individual Responsibility: Directors, managers, etc., liable unless proven otherwise.

7. Judicial Aspects: - Exclusive Jurisdiction: Presidency Magistrate or First Class Magistrate.

• Procedure: Written complaint by an inspector within six months.

8. Administrative Provisions: - Good Faith Protection: For actions under the Act.

• Rule Making Authority: Central Government for various operational aspects.