Section 19 – The Standards of Weights and Measures (Enforcement) Act,1985

The Standards of Weights and Measures (Enforcement) Act,1985

Section 19. Prohibition on the manufacture, repair or sale of weights or measures without licence

(1) No person shall make, manufacture, repair or sell, 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 bonafide 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.

(b) May be renewed from time to time, and

(c) May contain such conditions and restrictions as may be prescribed.

(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, as 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.

(7) The Controller may require every repairer 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

(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.

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The Standards of Weights and Measures (Enforcement) Act,1985

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