Provisions on Licensing
Provisions in the Legal Metrology Act, 2009
Section 23
(1) No person 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 area of jurisdiction and on payment of such fee as may be prescribed.
Provisions in the Legal Metrology (Approval of Model) Rules, 2011
Rule 20
- Before granting a license to manufacturer any weight or measure, the Controller shall satisfy himself that a Certificate of approval of the model has been issued by the Director.
- When the Certificate is revoked, the license shall remain suspended till the model is subsequently approved.
Provisions in the Legal Metrology (General) Rules, 2011
Rule 24
Every Manufacturer /Dealer/ Repairer shall maintain a register in the prescribed format.
Provisions in the State Enforcement Rules, 2011
The form, manner, conditions, period, area of jurisdiction and scale of fees payable have been prescribed under the State Enforcement Rules. [Rule 11, 12 and 13]. They may vary slightly from state to state.
Rule 11. Licensing of manufacturer, repairer and dealer of Weights and Measures -
(1) Every manufacturer or repairer of, or dealer in, weight or measure shall make an application for the issue of a license to the Controller legal metrology or such other officer as may be authorized by him in this behalf, in the appropriate form set out in Schedule II-A.
Provided that no license to repair shall be required by a manufacturer to repair weight or measure manufactured by him and used in a state other than the state of manufacture of the same, but the manufacturer has to inform in advance the concerned legal metrology officer about the repairing.
Download Schedule IIA: Format for Application of License for
Manufacturing | Dealership | Repairing
(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 legal metrology or such other officer as may be authorized by him in this behalf, in the appropriate form set out in Schedule II-B.
Download Schedule IIB: Format for Application for Renewal of License for
Manufacturing | Dealership | Repairing
(3) Every license issued to a manufacturer, repairer or dealer shall be in the appropriate form set out in Schedule III. (4) Every license issued to a manufacturer, repairer, or dealer shall be valid for a minimum period of one calendar year and may be renewed for a period of one to five years, by the Controller or such other officer as may be authorized by him in this behalf on payment of per year fee as specified in the Schedule IV.
(5) The fee payable for the alteration of a license or for the issue of a duplicate license shall be one half of the license fee as specified in Schedule IV.
Schedule IV: Licensing Fee
Item |
Amount |
|---|---|
| 1. Issue of licence / renewal of licence to: | |
| Manufacturing | Rs 500 per year |
| Dealership | Rs. 100 per year |
| Repairing | Rs. 100 per year |
| 2. Alteration of license : | Rs. 50 |
| 3. Issue of duplicate licence : | Rs. 10 |
Provided that an additional fee at full the rates specified in 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 manufacturer / repairer / dealer licensed under the Act and these rules shall maintain such workshop / equipment / tools/ registers etc. as the case may be, as per the terms and conditions of the license.
(8) Every repairer licensed under the Act and these rules shall furnish a security deposit for each license to the State Government as specified in Schedule VI.
[Rs. 200]
(9) Every license issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the licensee carries on business.
(10) A license issued or renewed under this Act shall not be saleable nor transferable.
Transmission of License
Rule 12. Suspension and cancellation of license granted:
(1) The Controller or such other officer authorized by him on behalf may, if he has any reasonable cause to believe that the holder of any license issued, renewed or continued under this Act has made any statement in, or in relation to, any application for the issue, renewal or continuance of the license, which is incorrect or false in any material particular or has contravened any provision of the Act or any rule or order made there under, suspend such license, pending the completion of any inquiry against the holder of such license: Provided that no such license shall be suspended unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action: Provided further that where the inquiry referred to in this sub-section is not completed within a period of three months from the date of suspension of a license, such suspension shall, on the expiry of the period aforesaid, stand vacated.
(2) The Controller or such other officer authorized by him on behalf may, if he is satisfied, after making such inquiry as he may think fit, that the holder of a license has made a false or incorrect statement of the nature referred to in sub-rule (1), or has contravened any law or order referred to in that sub-section, cancel such license:
Provided that no such license shall be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action. (3) Every person whose license has been suspended shall, immediately after such suspension, stop functioning as such licensee and shall not resume business as such licensee until the order of such suspension has been, or stands, vacated.
(4) Every licensee whose license has been suspended or cancelled shall, after such suspension or cancellation, as the case may be, surrender such license to the authority by which such license was issued.
(5) Every licensee whose license has been cancelled shall, within a period of thirty days from the date of such cancellation, or within such further period, not exceeding three months from such date, as the Controller or such other officer authorized by him on behalf may, on sufficient cause being shown, allow, dispose of the weights or measures which were in his possession, custody or control on the date of such cancellation and in the event of his failure to do so, the Controller or any other officer authorized by him, in writing, in this behalf, may seize and dispose of the same and distribute the proceeds thereof in such manner as may be prescribed.
Rule 13. Records to be maintained by manufacturers, etc -
Every manufacturer or repairer of, or dealer in weight or measure licensed under the Act and these rules shall maintain records and registers in the appropriate form set out in Schedule VII and also submit such periodical report / returns as may be specified.
Download Schedule IIB: Format for Register to be maintained by the
Manufacturer | Dealers | Repairer
Penal Provisions in the LM Act, 2009
Section 45: Manufacturing any weight or measure without license is punishable with fine of up to Rs. 20,000. The subsequent offense will be punishable with imprisonment up to one year and also with fine.
Section 46: Repairing or selling any weight or measure without license is punishable with fine of up to Rs. 5,000. The subsequent offense will be punishable with imprisonment up to one year and also with fine.
Section 47: Tempering or altering any license is punishable with fine of up to Rs. 20,000. The subsequent offense will be punishable with imprisonment up to one year and also with fine.
All the offenses may be compounded. if committed for the first time.
