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M.V. Krishnaiah Versus Controller of Legal Metrology, Government of Andhra Pradesh, Hyderabad

2015 (6) TMI 1090 - ANDHRA PRADESH HIGH COURT

Conditions for grant of license - power of the State Government granting licenses - Held that:- It is only the State Government which is empowered to prescribe conditions for grant of license by framing Rules and respondent No.1 is only empowered to issue license subject to such conditions as prescribed by the State Government. No provision under the Act or the Rules is brought to the notice of this Court under which this power of the State Government is delegated to respondent No.1. In the abse .....

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ut jurisdiction and they are accordingly quashed. - Writ Petition No.29894 of 2011 - Dated:- 11-6-2015 - C.V. NAGARJUNA REDDY J. Mr. P. Sridhar Reddy for the Petitioner. AGP for Civil Supplies (A.P) for the Respondent. ORDER: This writ petition is filed for a Mandamus to declare Circular Memo No.3255/L2/2011, dated 26.08.2011, of respondent No.1 and consequential Circular Memo No.1857/B/11, dated 12.09.2011, of respondent No.3 as illegal and without jurisdiction. The petitioner has sought for a .....

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enkateswara Weighing Machine Corporation in the year 1969 and been running the same by obtaining repairers license under the provisions of the Standards of Weights and Measures Act, 1976 and under the Legal Metrology Act, 2009 (for short the Act), after the former Act was repealed. The petitioner feels aggrieved by the two impugned proceedings issued by respondent Nos.1 and 3 respectively, where under he was directed to remove the word Corporation from the name of his business establishment. Acc .....

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ned counsel for the petitioner, submitted that the subject legal metrology was initially under the state list, that by the 42nd amendment, the said subject has been deleted from the state list and included in the concurrent list and that in pursuance thereof, the Government of India has enacted the Act. That Section 23 of the Act prohibits manufacture, repair or sale of weight or measure without license and under sub-section (2) thereof and that the Controller shall issue license in such form an .....

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ner, conditions, period, area of jurisdiction and fees for issuance of license under sub-section (2) of Section 23 of the Act. The learned counsel has invited this Courts attention to Rule 11 of the Rules. Sub-rule (3) thereof provides that every license issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in schedule III. He has also referred to and relied upon the conditions of license mentioned in schedule III of the Rules. 6. The learned Assistant Government .....

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shall manufacture, repair or sell, or offer, expose or possess for repair or sale, any weight or measure unless he holds a license issued by the Controller under sub-section (2): Provided that no license to repair shall be required by a manufacturer for repair of his own weight or measure in a State other than the State of manufacture of the same. (2) For the purpose of sub-section (1), the Controller shall issue a license in such form and manner, on such conditions, for such period and such ar .....

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easure may be got verified under proviso to sub-section (1) of section 16; (b) registers and records to be maintained by persons referred to under sub-section (1) of section 17; (c) the form, manner, conditions, period, area of jurisdiction and fees for issuance of license under sub- section (2) of section 23; (d) fee for verification and stamping of any weight or measure under sub-section (1) of section 24; (e) manner of notifying Government Approved Test Centre, terms and conditions and fee to .....

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may be after it is made, be laid before each House of State Legislature, where there are two Houses and where there is one House of State Legislature, before that House. 10. Rule 11 of the Rules reads thus: Licensing of manufacturers, repairers and dealers of Weights and Measures:- (1) Every manufacturer or repairer of, or dealer in, weight or measure shall make an application for issue of a license, to the Controller of Legal Metrology or such other officers as may be authorized by him in this .....

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of Skill issued by the Controller, Legal Metrology. (2) Every manufacturer or repairer of or dealer in, weight or measure shall make an application for the renewal of a license within thirty days before the expiry of validity of the license to the Controller of Legal Metrology or such other officers as may be authorized by him in this behalf, in the appropriate form set out in Schedule II-B. (3) Every license issued to a manufacturer, repairer or dealer shall be in the appropriate form set out i .....

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n additional fee at full the rates specified in the Schedule IV shall be payable by the applicant if he is permitted by the Controller to make an application for the renewal of a license within a period of three months from the date of expiry of the license. (6) The Controller or such other officer as may be authorized by him in this behalf shall maintain a register of licensed manufacturers, dealers and repairers in the form set out in Schedule V. (7) Every manufacture / repairer / dealer licen .....

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deposit for each license to the State Government as specified in Schedule VI. (9) Every license issued or renewed under the Act and these rules shall be displayed in a conspicuous place in the premises where the licensee carries on business. (10) A License issued or renewed under the Act / Rules made there under shall not be saleable or otherwise transferable. (11) Transfer or transmission of business: (1) Where the business of a person licensed under the Act and the Rules is transmitted by succ .....

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e from carrying on business as such licensee for the aforesaid period of sixty days, and, if he has applied for such license, until he is granted the license or is, by a notice in writing informed by the Controller that such license cannot be granted to him. (2) Where the business of any person licensed under this Act is transferred by sale, gift, lease or otherwise, the transferee or lessee, as the case may be, shall not carry on such business either in his own name or in any other name, unless .....

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ime to time. (c) Exhibit this license in some conspicuous part of the premises to which it relates; (d) Comply with any general or special directions that may be given by the Controller of Legal Metrology; (e) Surrender the license in the event of closure of business or suspension or cancellation of License; (f) (i) Present the weights, measures, weighing or measuring instruments as the case may be duly repaired to the Legal Metrology Officer in whose jurisdiction it is put into use, before deli .....

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es before at least thirty days of the date of expiry of the validity of the license. (h) the license conditions (a) and (d) are equally binding on all persons connected with licensee. 2. Every condition prescribed after the issue of this license shall be binding on the persons to whom the license has been granted. 12. From the statutory provisions referred to above, it is absolutely clear that the Controller is the authority vested with the power of granting licenses. Under sub-section (2) of Se .....

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