Standards of Weights and Measures (Enforcement) Act, 1985
Chapter VI:
Manufacture, Repair or Sale of Weights or Measures
19. Prohibition on
the manufacture, repair or sale of weights or measures without licence.-
1. No
person shall make, manufacture, repair or sale, or offer, expose or possess for
repair or sale, any weight or measure unless he holds a valid licence issued in
this behalf by the Controller authorising such person to do so:
Provided that a person who bona
fide repairs any weight or measure owned and possessed by him shall not be
required to take out a licence referred to in this sub-section.
2. Every
licence issued under this section--
a. Shall be
i.
in
such form,
ii.
issued
on payment of such fees, and
iii.
valid
for such period, as may be prescribed,
a.
b. may be renewed from
time to time, and
c. may contain such
conditions and restrictions as may be prescribed.
1.
2.
3. Every
licence issued under the State Act shall, if in force immediately before the
commencement of this Act, continue to be in force until the expiry of the
period of its validity, or until the cancellation thereof, whichever is
earlier, and may be renewed under this Act after the expiry of the period of
its validity, if an application for such renewal is made in the prescribed form
at least one month before the expiry of the period of validity of the licence.
4. Every
person who intends to commence business, after the commencement of this Act, as
a maker, manufacturer, repairer or seller of any weight or measure, shall make
an application in such form and on payment of such fees as may be prescribed,
for the issue of a licence to him, and every licence so issued may be renewed
if an application for its renewal, accompanied by such fee as may be
prescribed, is made by such person in the prescribed form at least one month
before the expiry of the period of its validity.
5. The
Controller may, if he is satisfied that the maker, manufacturer, repairer or
seller, as the case may be, of any weight or measure was prevented by
sufficient cause from making an application for the renewal of his licence
before the expiry of the period of the validity thereof, permit him to make the
application within a further period of one month from the date of expiry of the
period of such validity, on payment by him of such further fee, not exceeding
the fee which is payable for the issue of the licence.
6.
No
application for the issue or renewal of a licence shall be rejected unless--
a. the applicant or, as
the case may be, the holder of the licence has been given a reasonable
opportunity of showing cause against the proposed action, and
b. the Controller is
satisfied that--
i.
the
application has not been made within the time specified in this section, or
ii.
the
applicant has made any statement in, or in relation to, the application for the
issue or renewal of the licence which is incorrect or false in material
particulars, or
iii.
the
applicant has contravened any provision of the Standards Act or of any State
Act or of this Act or of any rule or order made under the Standards Act, State
Act or this Act.
1.
2.
3.
4.
5.
6.
7.
The
Controller may require every repairer licensed under this Act to furnish to the
State Government security for such sum, not exceeding two hundred rupees, as
may be prescribed.
8.
Nothing
contained in this section shall apply to the sale by a user (who is not a
maker, manufacturer, dealer or repairer) of any weight or measure:
Provided that
no sale of any weight or measure of the prescribed description shall be made
except with the written permission of the Controller.
1.
2.
3.
4.
5.
6.
7.
8.
9.
Every
licence issued or renewed under this Act shall be displayed in a conspicuous
place in the premises where the licensee carries on his business.