Vidhi Codex

section 16

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

The Himachal Pradesh Weights and Measures Act, 1979
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Statutory text
  1. (1) No person shall make, manufacture, repair or sell 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 bona fide repairs in his premises any weight or measure owned by him shall not be required to take out a licence referred to in this sub-section if he, in the opinion of the Controller,—
    • (a) has the technical competence and the necessary equipment to repair such weight or measure, or
    • (b) having the necessary equipment for the repair of such weight to measure in his possession, has persons in his employment who have the technical competence to repair such weight or measure.
  2. (2) Every licence issued under this section—
    • (a) shall be in such form as may be prescribed,
    • (b) shall be issued on payment of such fees as may be prescribed,
    • (c) shall be valid for such period as may be specified therein,
    • (d) may be renewed from time to time, and
    • (e) may contain such conditions and restrictions as may be prescribed.
  3. (3) Every licence issued under the Himachal Pradesh Weights and Measures (Enforcement) Act, 1968 (23 of 1968) shall, if force immidately 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 if an application for its renewal is made in the prescribed form at least one month before the expiry of the period of its validity.
  4. (4) A person who intends to commence, after the commencement of this Act, business as a maker, manufacturer, repairer or seller of any weight or measure, shall make an application in such form as may be prescribed for the issue of a licence and every licence so issued may be renewed if an application for its renewal is made in the prescribed form at least one month before the expiry of the period of its validity.
  5. (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 within the period specified in sub-section (4), permit him to make the application within a further period of one month from the date of expiry of the said period on payment by him of such further fee, not exceeding the fee which is payable for the issue of the licence.
  6. (6) On receipt of an application for the issue of a licence under this section, the Controller may, if he is satisfied, after making such inquiry as he may think fit, that the applicant fulfils the prescribed conditions, issue such licence: Provided that no application for the issue of a licence shall be rejected unless the applicant has been given a reasonable opportunity of making representation against the proposed action.
  7. (7) No application for the renewal of a licence issued under this section shall be rejected unless—
    • (a) the holder thereof 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 any material particular, or
      • (iii) the applicant has contravened any provision of the Central Act or any rule made thereunder or of this Act or any rule made thereunder.
  8. (8) The Controller may require every repairer licensed under this Act to furnish to the State Government security for such sum, not exceeding two thousand rupees, as may be prescribed, to enable that Government to compensate any owner of weight or measure for any loss or damage occasioned by such repairer.
  9. (9) Nothing 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 of such description as may be prescribed.
  10. (10) 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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