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Issues: Whether the licensing authority under the Legal Metrology regime could insist on deletion of the word "Corporation" from the name of the petitioner's business establishment while renewing the repairer licence, and whether the impugned circular memos were without jurisdiction.
Analysis: The licensing framework under Section 23(2) of the Legal Metrology Act, 2009 empowers the Controller to issue a licence in the form and manner, on the conditions, for the period and area of jurisdiction, and on payment of fee, as prescribed. The power to prescribe those matters is vested in the State Government under Section 53(1) and Section 53(2)(c) of the Act through rule-making. Rule 11(3) of the Andhra Pradesh Legal Metrology (Enforcement) Rules, 2011 provides that every licence issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule III, and Schedule III contains the licence conditions. In the absence of any provision delegating to the licensing authority the power to add conditions beyond the prescribed rules and schedule, the authority cannot introduce an additional requirement by executive instruction.
Conclusion: The Controller had no power to impose the condition of deleting the word "Corporation" from the business name, and the impugned circular memos were without jurisdiction.
Final Conclusion: The licence renewal could not be made subject to an extra-statutory condition not authorised by the Act or the Rules, and the impugned proceedings were liable to be quashed.
Ratio Decidendi: Conditions for grant or renewal of a licence under the Act must be prescribed by the rule-making authority and cannot be added by the licensing authority in the absence of delegated power.
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