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Offences by agents or servants.
Name in which proceedings may be
brought.
Evidence by certificate.
Ord. No. 54/87
WEIGHTS AND MEASURES
33. (1) Subject to subsection (2), in any case where goods are supplied in the course of trade, or any weight, measure, or weighing or measuring equipment is used for trade, in contravention of this Ordinance by any person as manager, agent or servant-
(a) such person; and
(b) his principal or employer,
commits the same offence and is liable to the penalty for that offence under this Ordinance.
(2) Without prejudice to liability to forfeiture under section 28, it shall be a defence for any principal or employer charged with an offence under subsection (1) to show that—
(a) the contravention was committed by his manager, agent or servant without the consent or connivance of the principal or employer; and
(b) all reasonable steps were taken by the principal or employer to
prevent the contravention.
34. Without prejudice to any other Ordinance relating to the prosecution of criminal offences or to the powers of the Attorney General in relation to the prosecution of criminal offences, prosecutions for an offence under this Ordinance may be brought in the name of the Commissioner of Customs and Excise.
35. (1) In any proceedings for an offence under this Ordinance, a certificate purporting to be signed-
(a) by an authorized officer or a public officer working in a Government laboratory and certifying that the goods specified in the certificate were weighed, measured or counted by him on a particular date and were of a particular weight, measure or count; (b) by an authorized officer and certifying the degree of accuracy of any weighing or measuring equipment used for trade that was tested by him on a particular date;
(c) by a public officer in charge of a Government laboratory and cer- tifying the degree of accuracy of any weighing or measuring equip- ment or any working and field standard that was tested by him at the said laboratory on a particular date,
shall be admitted in evidence before any magistrate on its production without further proof.
(2) On the production of a certificate under subsection (1)—–—–—–
(a) the magistrate before whom it is produced shall, until the contrary is proved, presume that the certificate was signed by the public officer and at the time specified therein; and
(b) the certificate shall be prima facie evidence of all the matters con-
tained therein.
WEIGHTS AND MEASURES
Ord. No. 54/87
A389
36. (1) Where any weighing or measuring equipment is found in the Evidence of possession of any person carrying on trade or on any premises which are possession of used for trade, that person or, as the case may be, the occupier of those equipment or premises shall be presumed for the purposes of this Ordinance, unless the contrary is proved, to have the equipment in his possession for use for trade.
(2) Where any goods are found in the possession of any person carrying on trade or on any premises which are used for trade, that person or, as the case may be, the occupier of those premises shall be presumed for the purposes of this Ordinance, unless the contrary is proved, to have the goods in his possession for supply in the course of trade.
(3) Where in or on any premises goods of any description are made up in advance ready for supply by way of retail trade in a container of any kind, or are kept or stored for supply after being so made up, any goods of that description found in or on those premises made up in a container of the same kind shall be presumed to be pre-packed unless the contrary is proved; and it shall not be sufficient proof of the contrary to show that the container has not been marked in accordance with the requirements of section 16(2).
goods, etc.
37. (1) The Governor in Council may make regulations for the better Regulations. carrying out of the provisions of this Ordinance and in particular, but without prejudice to the generality of the foregoing, such regulations may provide for
(a) the principles, design, specification, markings, materials and met- hods of construction of weighing or measuring equipment used for trade;
(b) the purpose for which any particular types or classes of weighing
or measuring equipment may be used for trade;
(c) the amount of error which may be tolerated in weighing or mea-
suring equipment;
(d) the manner of siting, erecting or using weighing or measuring
equipment used for trade;
(e) the exemption of any class or classes of weighing or measuring
equipment from this Ordinance or any such regulations;
(f) the exemption of any goods or class of goods from this Ordinance
or any such regulations;
(g) the supply in the course of trade of certain prescribed goods other-
wise than by net weight or measure or by capacity;
(h) the marking on containers, with effect from a prescribed date, in metric units of measurement (in addition to other authorized units) of the quantity of prescribed goods supplied in containers;
(i) the sale of prescribed goods in terms of weight, measure or count; (j) the method of marking weight or measure on pre-packed goods; (k) requiring that prescribed goods be supplied in the course of trade
in the quantities and in the manner prescribed;