Marking of Heavy Packages Act, 1951
No: 39 Dated: Jun, 25 1951
THE MARKING OF HEAVY PACKAGES ACT, 1951
ACT NO. 39 OF 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:—
1. Short title, extent and commencement.—(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 date as the Central Government may, by notification in the Official Gazette, appoint.
2. Definitions.—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
3. Obligation to mark weight on heavy packages.—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 may be so marked.
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, 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.