Checkweighing in Various Industries Act, 1919

Offences.

3.(1) If any employer fails to comply with any of the requirements of this Act or the regulations made thereunder, he shall be guilty of an offence against this Act.

(2) Any person guilty of an offence against this Act for which no other penalty is provided shall on summary conviction be liable to a fine not exceeding five pounds, and to a fine not exceeding forty shillings for each day on which the offence is continued after conviction thereof.

(3) If an employer is charged with an offence against this Act, he shall be entitled, on information duly laid by him, to have any other person whom he charges as the actual offender brought before the court at the time appointed for the hearing of the charge, and if, after the commission of the offence has been proved, the employer proves to the satisfaction of the court that he has used due diligence to comply with the provisions of this Act, and of the regulations made thereunder, and that that other person has committed the offence in question without his knowledge, consent, or connivance, that other person shall be summarily convicted of the offence, and the employer shall be exempt from any fine, and the person so convicted shall in the discretion of the court be also liable to pay any costs incidental to the proceedings.

(4) If any person required to give any certificate or furnish any information or keep any books under this Act or the regulations made thereunder knowingly makes any false statement in any such certificate or furnishes any false information or falsifies any such book, he shall be guilty of a misdemeanour and liable to imprisonment, with or without hard labour, for a term not exceeding two years, or to a fine, or to both such imprisonment and fine.

(5) If any checkweigher or representative of workmen appointed under this Act, or the regulations made thereunder, divulges any trade secret or other information with regard to the employer’s business, he shall be liable on summary conviction to imprisonment, with or without hard labour, for a term not exceeding six months or to a fine not exceeding twenty pounds, unless he proves that the trade secret did not come to his knowledge or the information was not acquired by him in the course of the exercise of his powers under this Act.