'" ,',  the marking of heavy packages (amendment) bill, 1960(as introduced in lok sabra on 21st dbcbmber, 1960)  the marking of heavy packages (amendment) bill, 1960 (as introduced in lok sabha) a billto amend the marking of heavy packages act, 1951 be it enacted by parliament in the eleventh year of the republic of india as foilows:-1 this act may be called the marking of heavy packages short tide (amendment) act, 1960 5 z for sections 4 and 5 of the marking of heavy packages act, substitution 1951, the following sections shall be substituted, namely:-tl~fo~ 5, of i9si 1" dona4andj "4 (1) the central government may, by notification in the inspectors olldal gazette, appoint _such persons as it thinks fit to be inspectors for the purposes of this act and assign to each af them one or more areas to be specified in the notification, or to no! or more of them the same area to be so specified 45 of 186  (2) every inspector shall be deemed to be a public servant within the meaning of section 21 of the indian penal code 15 5 subject to any rules made by the central government ~wen of in this behalf, an inspector appointed under sub-section (1) pectora 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 aecordance with the provision of ection 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  y direedon u aforesaid, the inspector may himself cause the packare to be marked in accordance with the provisions of section 3; 5 and in any such case, the expenses incurred by him for such marking' sliall be recoverable as an arrear' of land revenue from the person consigning the package for transport i i penalties 6 (1) if any person contravenes-10 (a) the provisions of section 3, or (b) any direetion given by an inspector under clause ('b) of section 5 he shall be punishable with fine which may extend to five hundred rupees 15 (2) if any person wilfully qbstructs an inspector in the exercise of his powers under this act, he shall be punishable with fine which may extend to two hundred rupees offences by companies 7 (1) where the penon committing an otfel\ce under this act is a company, the company as well as evf!ry person in ao 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 ~ proceeded against and punished acoordingly: provided that nothing contained in this sub-section sh<l11 25 render any such person liable to any punishment 1£ he proves that the o~ence was committed without his knowle~e ow th~t, he exercised all due diligence to prevent the commission of sueh offence (2) notwithstanding anything containd in sub-seetion·  (1), 30 where an offence under this act has "een committed ~y a company and it" is proved that the offence has been committed with the consent or connivance of, or that the com~is$ion of the o1!ence is attributable to any neglect on th~, part of" any i director, manager, secretary or other offlcer of, the com,pany,35 sueh director, manager, secretl3ry or other oftleer shan also be  d~e"l~ to ,be gwilty of that offence ,and shay· bf liable to be prqc~~ed agai,nstand ,punished aocor~y explanation-for the purposes of this' s~choti,~' " in- -   " " "(ii""eom'piny"means any body corpor~~ and  ~~u~es ,,8' ftrm or oi~io ~ss~i~_tion of ii)~i~~\la1sj  ~nd " (b) "director", in relation to a firm, means a partner in the firm 8 (1) no court inferior to that of a preatdency magistrate cognizance or a magistrate of the first class shall try any offence under of otrencea this act s (2) no cou!t shan 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 oftence is alleged to' have been committed 10 9 no suit, prosecution or other legal proceeding shall lie ~tectioll against any person for anything which is in good faith done or ~aken ~n intended to be done under this act ,cod faith 10 (1) the central government may, by notification'in the power dl8ke rules to official gazette, make rules providing for-is (a) the conditions as to the manner of markin« 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; 20 (c) any other matter which has to be, or may be, provided for by rules 2s 30 (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 :;essions, 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 ihall be without prejudice to the validity of anything previously done under that rule"  statement of objects and reasonssection 3 of the marking of heavy packages act, 1951 (39 of 1951) requires every person consigning a heavy package for transport by sea or inland waterway from any place in india to have marked thereon plainly, durably and conspicuously the gross weight of the package section 4 prescribes the penalty for the contravention of the provisions of section 3 the act does not, however, contain provisions for the appointment of officers or authorities for the enforcement of its provisions or defining their powers or for· the procedure for" the trial of offences under the act the bill seeks to amend the act to provide for these matters nzwdl:lm; raj bahadur the 29th november, 1960 '!'he bill provides for the appointment of ins~ors for thl! enforcement of the provisions of the marking of heavy packages act, 1951 it is not proposed to oappoint full-time officers under the act, but merely to entrust the duties of the inspector to certain officials of the government of india and of the state governments since the inspectors would be part-time officials the only expenditure that may have to be incurred on the enactment of the bill will be the payment of some remuneration to those part-time officials it is not possible to indicate the expenditure likely to be involved but this is expected to be insignificant 2 section 5 of the act, as amended, provides for the inspector to cause the packages marked in accordance with the provisions of section 3 which will involve some expenditure this is also not likely to be significant and will be ultimately recovered from the person consigning the package ; sect1'on 10" proposed- to' be fl'lbelud by elmse a of the bill retia'ces ~n5 of: tli~lact  rt el'1'lpo~ the central gcwernment ~ maite' 1i't1esto pr~ 'for the matters -specltled in that'section' they re ihte"to' the- marmer of the ntai'ldng and pacldng of heavy patkagesanti thecil'etonstmc~ in which the- approximate weight of pactagi!t -may lte marked: the tll!legatfon of -le'gisiatrve pewers is thm cit -a normal' character '  extracts from the muuang 01' heavy pacltagi'b act, 1951(39 or 1951) - - - - - 4 (1) if any person contravenes the provisions of section 3, he peui1ty 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 m~ging director, manager or secretary thereof shall, unless he proves that the contravention took place without his knowledge or thlit he exercised all due diligence to prevent such contrave!ltiol'l,be deeme<l~ be' g\tuty' of such contravention 5 the central government may, by notification in the official power till gazette, make rules---make ndea (a) specifying the conditions as to the manner of marking of all heavy packages, the manner of packing and the type of covering to be used; - (b) specifying the cases or circumstances in which the approximate weight of heavy packages instead of their correct weisht may be marked    ,~  ' ,  i' • ,' :,' , a bill to amend the marking of heavy packages act, 1951 the president has, in pursuance of clause (3) of article 117 of the constitution of india, reconunended to lok sabha the consideration of the bill mnkaul, secretary (shri raj bahadur, minister of state in lm ministry of transport and commrmica· tiotu) 