TaxTMI 
TaxTMI 
2015 (6) TMI 1090
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....arted an establishment in the name and style Venkateswara 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of Weights and Measures Act, 1976 and under the Legal Metrology Act, 2009 (for short the Act), after the former Act was repealed.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. According to the petitioner, respondent No.1, which is a licensing authority, is not empowered to prescribe any condition other than the conditions prescribed under schedule III of the A.P. Legal Metrology (Enforcement) Rules, 2011 (for short the Rules). 4. On behalf of the respondents, respondent No.2 has filed a counter affidavit, where under he has sought to justify the impugned proceeding issued by respondent No.1 based on Section 23 (2) of the Act. 5. At the hearing, Sri P. Sridhar Reddy, learned counsel for the petitioner, submitted that the subject legal metrology was initially under the state list, that by the 42nd amendment, the said ....
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....sdiction and on payment of such fee as may be prescribed." 9. Section 53 of the Act reads as follows: "Power of State Government to make rules:-- (1) The State Government may, by notification, and after consultation with the Central Government, make rules to carry out the provisions of this Act. (2) In particular and without prejudice to the generality of the foregoing power, such rules may provide for all or any of the following matters, namely:- (a) the time within which the weight or measure 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 be paid under sub- section (3) of section 24; (f) fee for compounding of offences under sub-section (1) of section 48. (3)....
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....ense shall be as specified in the Schedule IV. Provided that an 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 licensed for the jurisdiction to which license is granted under the Act and these rules, shall maintain such workshop / laboratory / equipments / tools / registers etc. as the case may be, and such other terms and conditions specified by the Controller of Legal Metrology. Any general or special directions and such license conditions issued by the Controller, shall be binding on the persons to whom the license has been granted. (8) Every licensee under the Act and these rules shall furnish a security deposit for each license to the State Government as specified in Schedule VI. (9) Every licen....
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....ase may be duly repaired to the Legal Metrology Officer in whose jurisdiction it is put into use, before delivery to the user. (ii) In the case of weights, measures weighing or measuring instruments, if they are serviced/repaired before the date on which the verification falls due and where, in the process and the verification stamp of the Legal Metrology Officer is defaced, removed or broken, they shall be presented duly repaired to the legal metrology officer for re-verification and stamping before delivery to the user. (g) Submit the application for renewal of this license, as required under the rules 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 Section 23 of the Act, such license shall be issued in such ....