Chapter XI MISCELLANEOUS

65. (1) Where the business of a person licensed under this Act is transmitted by succession, intestate or testamentary, the heir or legatee, as the case may be shall not carry on the business of such license either in his own name, or in any other name, unless the heir or legatee has, before the expiry of sixty days after the date of such transmission, made to the Controller an application for the issue of a licence in accordance with the provisions of this Act : Provided that anything in this section shall be deemed to prohibit the heir or legatee from carrying on business as such licensee, for the aforesaid period of sixty days, and, if he has applied for such licence, until he is granted the license, or is, by a notice in writing informed by the Controller that such licence cannot be granted to him.

1. (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 he has obtained a licence to carry on such business.

66.

Appeals 67. (1) Subject to the provisions of sub-section (2), an appeal shall lie, (a) from every decision under Chapter V, VI, VII, VIII or IX of this Act, of, (i) an Inspector,

1. (ii) an Assistant Controller, to the Controller ; and

1. (b) from every decision of the Controller under Chapter V, VI, VII, VIII or IX of this Act, not being a decision made in appeal under clause (a), to the Government of Arunachal Pradesh or any officer specially authorised in this behalf by that Government.

1. (2) Every such appeal shall be preferred within sixty days from the date of the decision appealed against : Provided that the appellate authority may, if it is satisfied that the appellant was prevented by sufficient cause from preferring the appeal within the said period of sixty days, permit the appellant to prefer the appeal within a further period of sixty days.
2. (3) On receipt of any such appeal, the appellate authority shall after giving the parties to the appeal a reasonable opportunity of being heard and after making such inquiry as it deems proper, make such order, as it may think fit, confirming, modifying, or reversing the decision appealed against, or may send back the case with such direction as it may think fit for a fresh decision after taking additional evidence, if necessary.
3. (4) Every appeal shall be preferred on payment of such fees, not exceeding twenty-five rupees, as may be prescribed.
4. (5) The Government of Arunachal Pradesh may, on its own motion or otherwise, call for and examine the record of any proceeding (including a proceeding in appeal) in which any decision or order has been made, for the purpose of satisfying itself as to the correctness, legality or propriety of such decision or order and may pass such orders thereon as it may think fit : Provided that no decision or order shall be varied under this sub-

68 The Government of Arunachal Pradesh may, by rules made under section 69, levy such fees, not exceeding, (a) one hundred rupees, for the issue or renewal of a licence for making, manufacturing, repairing or selling any weight or measure,

1. (b) fifty rupees, for the alteration of any licence,
2. (c) five thousand rupees, for the verification of any weight or measure,
3. (d) ten rupees, for the adjustment of any weight or measure,
4. (e) ten rupees, for the issue of a duplicate of a licence or certificate of verification,
5. (f) one rupee, for every one hundred words less, for the grant of copies of any document, not being a document of a confidential nature,
6. (g) twenty-five rupees, for any appeal preferred under this Act.

69. (1) The Government of Arunachal Pradesh may, by notification in the Official Gazette, make rules to give effect to the provisions of this Act.

1. (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 class of goods, undertakings or users in relation to which no transaction, dealing or contract shall be made except by such weight, measure or number,
   • (b) the places at which, and the custody in which, the following standards shall be kept, namely :, (i) reference standards ;
     • (ii) secondary standards ;
     • (iii) working standards ;
   • (c) the persons by whom or authority by which and the place at which the following standards shall be verified, authenticated and stamped, namely :, (i) secondary standards ;
     • (ii) working standards ;
   • (d) the form in which and the manner in which an application shall be made for the issue or renewal of a licence to carry on business as a maker, manufacturer, repairer or dealer of any weight or measure,
   • (e) the form in which and the conditions, limitations and restrictions subject to which any licence may be issued and the period of validity of such licence ;
   • (f) the sum to be furnished by a repairer as security by a licensee ;
   • (g) the description of weight or measure which may be sold by a user ;
   • (h) the manner, disposal of weights or measures after cancellation of licence and the distribution of the proceeds thereof ;
     • (i) the records and the register relating to weights or measure to be maintained by makers, manufacturers, repairers or dealers ;
   • (j) the period within which weights or measures shall be verified or re-verified ;
   • (k) the steps to be taken for verifying any weight or measure which cannot be moved from its location ;
   • (l) the form in which a certificate of verification of any weight or measure shall be granted ;
   • (m) subject to the provisions of section 26, the purposes for which an Inspector may enter any premises ;
   • (n) the manner of disposal of seized articles which are subject to speedy or natural decay ;
   • (o) manner of defacement of rejected weights or measures ;
   • (p) the form in

70. (1) Where any type of weight or measure manufactured by a licensed manufacturer is such that all the weights or measures of that type manufactured by him within the Union territory of Arunachal Pradesh are intended to be sold, distributed or delivered therein, the Government of Arunachal Pradesh may, by notifications, direct that the model of every such type of weights or measure shall be submitted for approval in accordance with the provisions of sections 36, 37 and 38 of the Central Act and thereupon, the provisions of the said sections 36, 37 and 38 shall become applicable to such model, and reference in those sections to the "Central GOVERNMENT" an to the "Central Act" shall be construed as references respectively to the "Government of Arunachal Pradesh" and "this Act".

1. (2) Where the Government of Arunachal Pradesh makes a direction under sub-section (1) in relation to any type of weight or measure, any contravention of the provisions of sections 36, 37 or 38 of the Central Act in relation to that type of weight or measure shall be an offence punishable under this Act and the punishment provided therefor in the Central Act shall be deemed to be the punishment provided therefor in this Act as if the said provisions relating to punishments were enacted by this Act.

-1 The provisions of this Act, in so far as they relate to the verification an stamping of weights or measures used for industrial production or for protection, shall not apply to any factory exclusively engaged in the manufacture of any arm, or ammunition, or both, for the use of the Armed Forces of the Union.