Legal Metrology

As we all are aware that legal metrology has a wider scope and it has various departments in all the states. However the head office of the legal metrology department is located in Delhi but every state has its own rules and regulations in various aspects of Legal Metrology. The rules regarding the LMPC license fee, LMPC registration charges, etc. depend on the state which differs from state to state. Also the central government has graded penalties under legal metrology and there are certain powers given to the central government of India and state governments of all the states to make the rules under Legal Metrology. In this article, we are going to discuss the powers of the Central Government to make the rules under legal metrology and its uses. Power of Central Government to Make Rules under Legal Metrology Appointment of Director Legal Metrology Duty of Legal Metrology Department Verification by Government Approved Test Center The kinds of weights or measures the central government may prescribe and the kinds of weights and measures for which the verification is to be done through the Government Approved Test Centers under Legal Metrology. The terms and conditions on which the fee on payment which the central government shall notify the government approved test center or the state government as the case may be in such a manner on such terms and conditions and payment of such fee as may be prescribed. The qualification and experience of a person appointed or engaged and the fee and terms and conditions on which Government Approved Test Center shall verify the weights of measures having such qualification and experience and collect such a fee on terms and conditions for verification of weights and measures to be done through the government approved test center as prescribed. Fine in the Error of Net Quantity Liability of a Director of a Company Form and manner in which notice from the legal metrology department to the director or the controller or any other officer authorised by him shall be given to any company by the order in writing. Company may authorised any of its directors for the following purpose:

As many offences under legal metrology are committed by the companies against the interest of the consumer and by not doing the compliance of the rules and regulations of the act. In this article, we are going to study the offences which are committed by the company and what is the punishment for those offences, along with the power of a court of law to take the action against the offender. Offences by the companies and the power of the courtPower of court for the conviction of a company to publish the followings Name of business,Place of business, etc.The offences & penalty under legal metrology, offences committed by company and any offence under the legal metrology act has been committed by the company under the following situations take place. Liability of a Nominated PersonThe person, if any, who has been nominated under the act to be in charge of and responsible to the companies for the conduct of the business of the company hereinafter in the act referred to as a person responsible. Offence by Person in ChargeIn a case where no person has been nominated, in such a situation every person who at the time of the offence was committed was in charge. The person in charge is responsible for the conduct of the business of the company under the act. Offence Committed by a CompanyThe person in charge has all the power to exercise all due diligence to prevent the commission of such an offence. Notice to e-commerce firms by the legal metrology department has been served on the commencement of the offence. The company shall be deemed to be guilty of the offence and shall be liable to be preceded against and punished accordingly. However, nothing contained in the act shall render any person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge. You can check out the penalty under legal metrology for more information. Notice by Legal Metrology OfficerA company can authorise the director in writing to exercise all such powers and take all the steps as may be necessary or expedient to prevent the Commission by the company of any offence under the act. May give notice to the followings:Director, orThe concerned controller, orAny other legal metrology officer authorised in this behalf by such controller,Referred to as authorised officer in such a form and such a manner as may be prescribed that it has nominated such director as a person responsible, along with the written consent of such director nominated.Liability of a Company with Different BranchesWhere a company has the followings: Different establishments, orDifferent branches, orDifferent units in any establishment, orBranch different persons may be nominatedUnder the act concerning different establishments or branches of all units and the person nominated concerning the followings: Any establishment,Branch, orThe person responsible in respect of such an establishment branch or unit. Offence Committed Due to Negligence The person nominated under the act shall until further notice cancelling such nomination is received from the company by the followings: Whose request shall be complied with by the director or the concerned controller or the legal metrology officer, whichever is the earliest, continue to be the person responsible. However, where the above mentioned person/authority ceases to be a director of a company, such person shall intimate the fact of such cessation to the director or the concerned controller or the authorised officer. However, if such person requests the director or other consent controller or authorised officer shall not cancel such information with effect from a date earlier than the date on which the request is made. Notwithstanding anything contained in the foregoing points, where an offence under the act has been committed by a company and it is provided that the offence has been committed with the consent or convenience of or at attributable to the neglect on the part of the followings: not being a person nominated under the act, such director, manager, secretary or another officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly. In Case of the Conviction of a Company Proceeding of Appeal under Legal Metrology Transactions of a Company Means Under Legal Metrology Transaction of a company means any contract in case the following: Weights or Measures means weighing or measuring specified by or under the act and includes the weighing or measuring instrument. Weights and measures offences and punishment under IPC. For any kind of transaction in the Indian legal metrology system, every manufacturer, Packer, and importer of the commodity needs to comply with all the rules and regulations of the act and the guidelines provided by the central government and the state government as prescribed under the act.

As we all are aware that the officers of Legal Metrology are watch guards to the compliances of the Legal Metrology Act & Rules which shall be complied with by the manufacturers, packers, sellers, and importers of the commodity. There are several things that fall under the legal metrology act and the Legal Metrology Department plays an important and vital role in the Indian Legal Metrology System. In this article, we are going to discuss the procedure for the appointment of legal metrology officers in India. Appointment of Director under Legal Metrology As per the legal metrology laws in India the appointment of a director Legal Metrology officer and other employees can be done in the following manner: The central government may by notification appoint the following The qualification of director and Legal Metrology officer appointed under the act shall be such as may be prescribed. The director and every legal metrology officer appointed under the Act shall exercise such powers in discharging such functions in respect of local limits as the central government may by notification is specified. Every Legal Metrology officer appointed shall exercise the power and discharge duties under the general superintendence, and direction in control of the director. The director, controller and every other legal metrology officer authorized to perform any duty under the act shall be deemed to be a public servant within the meaning of section 21 of the Indian Penal Code. No suit, prosecution, or other legal proceedings shall lie against the director, the controller, and legal metrology officer authorized to perform any duty by or under the act in respect to anything which is in good faith done or intended to be done under the legal metrology act or any rule or order made thereunder. Appointment of Comptroller under legal metrology Penalties under Legal Metrology Every offender who commits the offense under the legal metrology act or whether the offense is discovered during the time of inspection by the legal metrology officer shall be punished with imprisonment or the fines as prescribed under the act. Central government for graded penalty under legal metrology and there are different penalties and the imprisonment time period has been given below for a better understanding, so that every manufacturer, packer, importer, and dealer of the commodity can make sure that they will not commit an offense to keep themselves away from the legal issues. Penalty for use of non-standard weights or measures Whoever uses or keeps for any weights or measures or makes use of numeration is otherwise than in accordance with the standards of weights or measures or standard of numeration as the case may be specified by or under the legal metrology act shall be punished Penalty for Alteration of Weights and Measures Any offender who can be the manufacturer, importer, packer of the commodity temper or alter the followings: Penalty for manufacturer/ seller of non-standard weights & measures Penalty for manufacture or seller of non-standard weights and measures if the offense committed by any person who manufactures or causes to be manufactured or sold or offers, or possesses for sale, any weights or measures in the following case: Penalty for Contravention by Government Approved Test Center Penalty for transaction in contravention of standard weights or measures

As we all are very well aware that various workshops have been conducted by the Legal Metrology department and by the union minister in which the ministers of all the states were respectfully invited to participate in the discussion of decriminalisation of legal metrology act. Several states have been actively participating in the discussion and also many states have been actively participating to be indeed part of the discussion of the Legal Metrology act to decriminalise the same. There are both pros and cons of every decision and every amendment takes place but the proposed amendments speed turned or made by considering the interest of the business and also by not ignoring the interests of the consumer. In this article, we are going to talk about all the provisions of legal metrology after which the amendment has been proposed along with their current punishment. Also here we are going to discuss the rationale for decriminalisation. Provision and Proposed Amendments for Penalties There are numerous proposed amendments for decriminalising the LMA provisions. You all can easily understand about the current punishment for the violation of the Provisions of the Act and about the proposed amendments in the punishment for the violation of the Act and the Rules with the help of the chart given below: S. no. Provision  Current Punishment  Proposed Amendments1. Section 33 Penalty under Legal Metrology for use and  sale of unverified weights or measures For the second or subsequent offense: Imprisonment up to one year and with fine Penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant 2. Section 34 Penalty for sale or delivery of commodities etc. by non-standard weights and measures. For the second or subsequent offense: Imprisonment from three months to one year, or fine, or both. Penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant. 3. Section 35 Offences and Penalty under legal metrology for rendering services by non-standard weights or measures or numbers For second or subsequent offense: Imprisonment from three months to one year, or Fine, or Both. penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant. 4. section 36 (1) penalty for selling of non-standard packages declarations for the second offense: fine up to rupees 50,000. For subsequent offense fine from rupees 50,000 to rupees one Lac or with imprisonment up to one year or both Penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the license issued by the state or central government will be initiated by providing the prior information to the applicant. 5. Section 36 (2) Penalty fot selling non-standard packages quantity For the second or subsequent offense Find up to rupees one Lac, or with imprisonment up to one year, or both Penalty up to rupees two lacs. If compounding of offense is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 6. Section 37 (1) Penalty for contravention of act or rules or conditions of licence by GATC Fine up to rupees one Lac Penalty up to rupees two lacs. If compounding of offence is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 7. Section 37 (2) Penalty for verification of any weight or measures in contravention of act or rules by GATC Imprisonment up to one year, or Fine up to 10,000 or both Penalty up to rupees two lacs. If compounding of offence is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 8. Section 38 Penalty for non-registration by importer of weights and measures For second or subsequent offence: By imprisonment of up to six months, or With fine, or Both Penalty up to rupees two Lac. If compounding of offence is not done after this stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 9. Section 39 Penalty for import of non-standard weights and measures. For a second or subsequent offence Imprisonment up to one year and Fine Penalty up to rupees two lacs. If compounding of offence is not done after this stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 10. Section 41 (1) Penalty for giving false information For a second or subsequent offence: Imprisonment up to six months and also with fine Penalty up to rupees two lacs. If compounding of offence is not done after the stage of appeal, then the process of cancellation of the licence issued by the state or central government will be initiated by providing the prior information to the applicant. 11. Section 42 Vexatious search Imprisonment for up to one year or with fine up to rupees 10,000 or Both Penalty up to rupees two Lac12. Section 43 Penalty for verification in contravention of acts and rules. Imprisonment for up to one year

In the fields of science, commerce, and industry, the regulation of weights and measures plays an important role. Two establish uniform national standards it is necessary to understand specifications of standards. It majorly protects the public and traders from loss of custom to dishonesty. The standard of weight and measure prescribes the specification of measuring instruments. Such instruments are used in industrial production, commercial transactions, etc. Legal Metrology National Standards plays an important role in the standards of weight and measures. The specifications of the standard of weight and measure under legal metrology are given in the standards of weight and measures general rules 1987. Standards of weight and measure are explained in the table below UNIT Abbreviation Length Meter (m), centimeter (cm), millimeter (mm) temperature degree Celsius of Degree Kelvin Area square meters (m2) Capacity Kilo liter (kl), liter (L), Mili liter (ML) Volume cubic meter (m3), cubic centimeter (cm3) cubic millimeter (mm3) Mass Kilogram (kg), Gram (g), milligram (mg) Rules and Regulations for Standards of Weight & Measure There are various rules and regulations specified in the legal metrology act which are to be followed while dealing with the weight and measure. A detailed legal term of standards includes the capacity, quantity, dimensions, or volume of anything. Issues covered under rules and regulations for standards of weight and measure are given below: Central Government on Secondary Standard Specification of Standard of Equipment There are various kinds of specifications of standard pieces of the equipment described in the act of legal metrology general rules 2011 are given below: Secondary Standard of Balances Reference Standard Balances Power to Specify the Standard of Equipment With the notification, the central government may specify the standard equipment as it may think fit and necessary to carry out the provision of the act. Standard equipment shall confirm the metrological qualities, as the central government may specify in the notification or subsequent notification. Specification of Standard of Weight and Measures There are four types of standards under the specifications of standards of weight and measure: Reference Standards The basic evolution for the process and product performance is served by the reference standards. It is widely acknowledged to have the appropriate qualities within a specified context. Reference standards are meant to be the measurement of weight, quality, quantity, Or extent for example: What are the Uses of Reference Standards? However, the valid result in the purity and the quality of the reference standards is difficult to achieve scientifically. The reference standards are used to determine the following: What is the Reference Standard Solution? The method which can be used to get the concentration of the standard solution is the titration method. However, the standard solution is a guide and away to discover the morality of not known species Which also involves the equipment such as a burette. Primary Standards Primary standards are designed to protect public health, it specifies the maximum fundament level for many radiological microbiological, and chemical parameters of quality. The basic scientific and engineering judgment are reflected by the primary standards and these judgments are taken into account exposure from other sources in the environment and food. Secondary Standard Uses of Secondary Standards in Water Supply System Secondary standards suggested a maximum level of taste, hardness, color, odor, corrosiveness, and other factors in water resources. Natural water is potentially used by humans and the same occurs anywhere on earth by the way of vapor solid or liquid. The resources of natural water are rivers oceans and lakes including groundwater, glaciers and deep surface water Secondary standards suggest the Taste, hardness, color, odor, of the water. Working Standards Every working standard shall confirm. Working standard meter

In recent days, the Decriminalization of Legal Metrology has been at the top of the news. The topic became so hot that every person who was not even aware of the legal metrology act got to know about the concept and motive of the legal metrology act. The reason behind the proposal given with regards to the Decriminalization of the said act is: The fact that many offences which are technical in nature could be shifted to civil liability from criminal liability was the main reason for the proposal given for the Decriminalization of the legal metrology act. In this article, we are going to discuss a few major points of the proposal that has been made for decriminalising the Legal Metrology Act. By the way, under this article, we will try to make the concept of Decriminalization of legal metrology much clearer and crystal so that every business, e-commerce website under legal metrology, small or large vendor, manufacturer, packer, importer, and dealer of the commodity will get to know every single detail about the Decriminalization of the legal metrology act. Why is there a need to decriminalise the Legal Metrology Act? Appeal Under Legal Metrology Compounding of Legal Metrology offences State Government to impose fine under Legal Metrology Suggestions Received by the Legal Metrology Department

Public grievances and their redressal methods and time limits for different types of work relating to traders or consumers under Legal Metrology have been explained in the table given below: Sr.   no. Item of work Time limit Concerned Department  1. Issue of registration, Certificate, renewal of user of weights and measures, and certificate Within seven days of submitting applications or on the due date whichever is later Jurisdictional Assistant Comptroller/ Inspector Legal Metrology  2. Renewal of licence or packer, dealer and manufacturer Within 30 days of submission of the application Comptroller of Legal Metrology  3. Verification or re-verification and stamping of weights and measures etc Next day of production of weights or measures for weighing and measuring instruments, three days of its production Jurisdictional Assistant Comptroller/ Inspector of Legal Metrology  4. Issue of registration certificate of the manufacturer, Packer of pre packaged commodities Within 30 days of application Assistant controller, Central Laboratory/ packaged commodities of Legal Metrology.  5. Issue of fresh licence for Repairer, manufacturer, and dealer of the commodity Within 30 days of submissions of applications Comptroller of Legal Metrology  6. Test of net contents checking at Manufacturer, Packers premises in case of errors beyond maximum permissible error Immediately after completion of the first Test if prescribed fee is paid Jurisdictional assistant controller/ inspector legal metrology  7. Changes to be incorporated in registration of manufacturer/ Packerof pre packaged commodities Within 15 days of submissions of application Comptroller of Legal Metrology  8. Action on complaint for violation of provision of weights and measures laws Within 20 days of filing the complaint Comptroller Legal Metrology through respective jurisdictional assistant controller/ inspector  9. Alteration/ changes to be made in the licences of repairer, manufacturer, and dealer of weights and measures Within 15 days of submissions of applications Comptroller of Legal Metrology  10. Registration of shorter address of manufacturer or Packer of commodity in package forms Within 30 days of applications Comptroller Legal Metrology  11. Issue of duplicate licence copy to repair manufacturer and dealer of weights and measures Within 15 days of application Comptroller of Legal Metrology Violations that affect the Consumer Interest under Legal Metrology Any person who can be a manufacturer, repairer, dealer, or packer of the commodity who does not comply with the rules and regulations of legal metrology is heading towards violation of the law in force. Various violations can be done or committed by a person if he does the followings: What should not be done to violate the Legal Metrology Rules? Appeal of the citizens or consumers

In this article we will discuss the role of legal metrology, particularly in the food industry. There are various functions of the legal metrology department. Let’s discuss in brief what legal metrology is. Legal Metrology is the bone of legal requirements to measurements and measuring instruments. Measurements play an important role in our daily lives, and sometimes consumers don’t even notice them. For example, There are a few guidelines given by the department of consumer affairs that deal with measuring and measuring instruments. The Legal Metrology Act of 2009 applies to all food products, and its purpose is to ensure consistency and accuracy in weights and measures across all products. So, we will discuss all about the legal metrology in the food industry. Also, there are different Role of Legal Metrology in Food Metrology in the Food Industry. What is the relation between Legal Metrology, Consumer & Food Industry? Food Industry & Legal Metrology Rules enacted by government Now, in order to ensure uniform enforcement of laws relating to legal metrology, the government has enacted the following rules: So we had around the above mentioned rules that followed the legal metrology act of 2009, which really with these rules have made this act operational. Essentials of Legal Metrology in the Food Industry Legal Metrology has a wider scope than the people generally know about it. Now let’s dive deep into the essentials of legal metrology in the food industry. Retail Sale Price in Food Industry Declarations on Wholesale Packages LMPC Declarations are mandatory on a wholesale package. Wholesale is a package that contains the following details: What is the Role of Principal Display Panel in LMPC Amendment of Constitution in law of weights and measures Central amends legal metrology packaged commodity rules, 2011 and The 42nd amendment of the constitution that dealt with the implementation of the law relating to weights and measures in the following terms: Legal Metrology Institute and Centres We have the Indian Institute for Legal Metrology officers that essentially embark on capacity building in the area of legal metrology. There are a large number of test centres in the country that are approved by the legal metrology department. It is important to note that all the products are tested in the legal metrology centres and brought to the market

The Legal Metrology department has become more attentive to prosecute the violators of Legal Metrology laws by National Consumer Disputes Redressal Commission on February 1st, 2016.The division petition was filed in the court which was titled as Big cinema versus Manoj Kumar, the Legal Metrology department has been firing on all these cylinders and booking a wide variety of establishments under the act and rules the active action was taken by the Legal Metrology department have left all the people in surprise as they have exhibited by their inspection and notices and a wide variety of objects shall be governed under the legal metrology act. The Consumer awareness programme by the Legal Metrology department has been conducted on a regular basis.In this article, we are going to discuss a brief list of the objects and establishments that would fall under the ambit of the legal metrology Act. Here we are going to discuss the five major things which most people did not know would fall under the Legal Metrology Act. Stents and Other Medical Types of Equipment Petrol Pumps Under Legal Metrology Digital or Electronic Meters Installed in Auto Rickshaws and cabs under the Legal Metrology Hotels, Restaurants, and Cinema Halls Under Legal Metrology It is very much important for all the citizens of the country to know that the cinema halls, restaurants, and hotels fall under the ambit of legal metrology and anything wrong that takes place with the customer will be dealt with by the legal metrology department and its officers to protect the interests of the consumer the legal metrology department has started taking the strict action against hotels, cinema halls and restaurants for overcharging of sale of packaged commodities. Functions of the Legal Metrology department plays an important role in the factors discussed in this article.The dispute of hotels is still pending adjudication before the Supreme Court of India as the legal metrology department of Gujarat, Rajasthan, and Jammu and Kashmir have also started conducting surprise inspections by legal metrology officer in all the above-mentioned establishments and started booking them for any violation under the legal metrology rules and acts. LPG Cylinders Under Legal Metrology The Legal Metrology department Kerala conducted inspections on various codes of dealers who were in the business of selling LPG cylinders and out of them 21 were found guilty where there was a clear violation of the legal metrology act and rules.The inspection conducted by the legal metrology department was part of a drive that the department began to increase awareness among the customers and the citizens of the country of the packaged commodity rules which state that the LPG cylinder must weigh in front of the customers before the deliveries are completed.A similar kind of action has also taken place in Jammu and Kashmir where one LPG dealer was charged with not carrying a weighing scale as mandated under the legal metrology laws.  Inspection of Cylindrical knob type weights under legal metrology.The legal Metrology department also takes the initiative to spread awareness among the customers or consumers whether they are buying petrol from petrol pumps or LPG from any dealer or whether they are going to any restaurants, hotel, or cinema.Also, the awareness in the consumer is necessary when most of the people are travelling in cabs or auto rickshaws on daily basis they should be very much aware of the meter and its running and its price whether it is correct or not in case of any such  fraud or case of any doubt they should immediately contact the Legal Metrology department and it’s an officer and make the complaint about the same so that the proper inquiry and inspection against the violator or offender can be taken place by the department for the betterment of the society.

Legal Metrology Act, 2009 in India deals with the units and methods of weights and measurement concerning the mandatory technical and legal compliance to ensure public guarantee from the angle of security and accuracy of weightmeant and measurement. Several disputes under legal metrology have been raised in the last few years and the Act aims to set and enforce the standards of weights and measures to regulate trade and commerce in weights measures and other goods sold or distributed by weight, measures, or a number and to regulate other connected matters. The act was introduced to replace the “Standard of Weights and Measures Act, 1976” and the “Standards of Weights and Measures (Enforcement) Act, 1985 the provision of the act came into force on the 1st April 2011. The Legal Metrology (Packaged) Rules, 2011 pertains to goods that are sold and provided how declaration is made and has to be made and what declarations on a packaged commodity meant to be for the sale of the commodity. Weights and measures offences and punishment under IPC. Supreme Court on Legal Metrology Cover Offences of Weights and Measures The Supreme Court in its judgement in the matter of State of UP vs. Aman Mittal on 4th September 2019 held that section 3 of legal metrology Act, 2009 overrides the provisions related to weights and measures covered under chapter XII of Indian Penal Code, 1860. Further it continues that section 3 of the Act states that provision of the Act will override the provision of any other law and the act regulates the trade and commerce of weights and measures, and goods sold or distributed by weight, measures or numbers. Observations by Supreme Court on Section 3 of Legal Metrology Act Relying on the above-mentioned matter which is titled the “State of UP vs. Aman Mittal” Relying party on the observation made by the High Court the Supreme Court observed the followings: Penalties under the Legal Metrology Act Offences and penalties under the Act are specified in chapter V of the act which says the followings: Section 36 (1) of Legal Metrology Act Section 27 of the Act Regulation 32 of the Rules Regulation 32 of the rules impose penalties on manufacturers, Packer, or importer of the commodities for non-registration under the provision of rules or contravention by other rules. Section 36 (2) of the Act Section 38 of the Act Offences by companies under legal metrology Compounding of Offences under Legal Metrology An Appeal Under Legal Metrology An appeal under legal metrology can be filed to the next higher authority against all decisions or orders of an officer of legal metrology within 60 days from the date of passing of the decision or an order by the official. LMPC Registration Under Legal Metrology Who is the dealer under legal metrology? As per Section 2 subsection B of the act, dealer concerning any weights or measures is a person who carries directly or otherwise the business of selling buying, supplying, or distributing any such weights or measures whether for Includes a Commission agent, and importer, a manufacturer who sells, supplies, distributes, or otherwise delivers any weights or measures manufactured by him to any person other than a dealer. Conclusion The Legal Metrology act covers the provision relating to weights and measures whereas Indian Penal Code (IPC) is a code that extensively defines several offences and their sentences accordingly overlapping only two provisions are a covenant with the same offences in the above-mentioned case was only between section 3 of the Act in chapter XII of IPC. In the above discussed matter Hon’ble Supreme Court has rightly given preference to section 3 of the act which overrides chapter XII. The Hon’ble Supreme Court has also pointed out that section 3 of the act does not deal with offences such as