ANDHRA PRADESH LEGAL METROLOGY (ENFORCEMENT) RULES, 2010

PREAMBLE

Any objections or suggestions which may be received from any person with respect thereto before the expiry of aforesaid period will be considered by the Government of Andhra Pradesh objections and suggestions should be addressed to the Commissioner and Ex-officio Secretary to Government, Consumer Affairs, Food & Civil Supplies Department, Civil Supplies Bhavan, Erum Manzil, AP Hyderabad.

Rule - 1. Short title Extent and commencement.

(1)     These Rules may be called the Andhra Pradesh Legal Metrology (Enforcement) Rules, 2010.

(2)     They extend to the whole of Andhra Pradesh State.

(3)     They shall come into force on such date as the Government may, by notification, appoint, and different dates may be appointed for different provisions of these Rules.

Rule - 2. Definitions.

(1)     In these rules, unless the context otherwise requires-

(a)      "Act" means the Legal Metrology Act, 2009.

(b)      'calibration' means all the operations which are necessary for the purpose of determining the value of the errors of weight or measure and if necessary to determine the other metrological properties of such weight or measure and includes the actual fixing of the positions of the gauge marks or scale marks of a weight or measure or in some cases of certain principal marks only in relation to the corresponding values of the quantity to be measured.

Explanation: calibration may also be carried out with a view to permitting the use of a weight or measure as a standard.

(c)      Inspector: means an officer who is appointed as such under the Act, by whatever name called such as District Inspector;

(d)      Licensing Authority: means Controller, Legal Metrology who is the authority to issue licence under the Act and the rules made thereunder

(e)      Reference Standard Laboratory means a laboratory set up by the Central Government under the Act, where reference Standards, Secondary Standards and Working Standards are maintained.

(f)       Regulation: means any instructions/orders etc issued by the Controller, Legal Metrology under his jurisdiction from time to time.

(g)      Repair: means any adjustment, cleaning, lubrication or painting to any weight or measure or rendering any other service or replacement of any parts to such weight or measure to ensure that such weight or measure confirms to the standards established by or under the Act with or without disturbing sealing system.

(h)     Schedule means a schedule appended to these Rules: Unverified weight and measure: means a weight or measure which, being required to be verified and stamped under the Act has not been so verified and stamped.

(i)       The Words and expressions used in these Rules and not defined but defined in the Act shall have the meaning respectively assigned to them in the Act.

Rule - 3. Reference Standards.

(1)     The reference Standards shall be kept at such place, in such manner and in such custody as may be prescribed under the Legal Metrology (National Standards) Rules, 2010.

Rule - 4. Secondary Standards.

(1)     Every secondary Standard shall be verified at any of the Reference Standards Laboratories, in such manner and at such periodical intervals as may be prescribed under the Legal Metrology (National Standards) Rules, 2010 and shall, if found on such verification to conform to the Standards established by or under that Act, be stamped by the Reference Standards Laboratory or a certificate of verification will be issued by the laboratory.

(2)     The Secondary Standards shall be kept at such place, and in such custody as the Controller may direct.

Rule - 5. Working Standards.

(1)     Every working Standard shall be verified either at any of the Reference Standards laboratories or at any of the Secondary Standards Laboratories maintained by the State Government, in such manner and at such periodical intervals as may be prescribed under the Legal Metrology (National Standards) Rules, 2010 and shall, if found on such verification to conform to the Standards established by or under the Act, be stamped, or a certificate of verification will be issued by that Laboratory as the case may be.

(2)     The Working Standards shall be kept in the custody of legal metrology officer.

Rule - 6. Secondary Standard balances.

(1)     A set of secondary standard balances shall be maintained at every place where the Secondary Standard Weights are kept.

(2)     The number, types and specifications of such balances shall be such as may be prescribed under the Legal Metrology (General) Rules, 2010.

(3)     Every secondary standard balance shall be verified at least once within a period of twelve months and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities prescribed under the Legal Metrology (General) Rules, 2010, by the Reference Standards Laboratory or by the Controller or such other officer as may be authorized by the Controller in this behalf.

Rule - 7. Working Standard Balances.

(1)     A set of working standard balances shall be maintained at every place where Working Standard Weights are kept.

(2)     The number, types and specifications of such balances shall be such as may be prescribed under the Legal Metrology (General) Rules, 2010.

(3)     Every working standard balance shall be verified at least once within a period of twelve months and shall be adjusted, if necessary, to make it correct within the limits of sensitivity and other metrological qualities prescribed under the Legal Metrology (General) Rules, 2010, by the Reference Standard Laboratory or at any of the place where secondary standards maintained by the State Government.

Rule - 8. Physical characteristics, configuration, constructional details of Weights and Measures.

Every Weight or measure used or intended to be used in any transaction or for protection shall conform as regards physical characteristics, configuration, constructional details, materials, performance, tolerances and such other details, to the specifications prescribed under the Act or the legal Metrology (General) Rules, 2010.

Rule - 9. Use of Bullion Weights, Carat Weights etc.

(1)     No Weight other than a Bullion Weight as specified in the Legal Metrology (General) Rules, 2010 shall be used in any transaction in bullion including precious metals, pearls and ornaments and other articles made of gold or silver or platinum

(2)     No weight other than a carat weight shall be used in any transaction in precious stones.

(3)     Only beam scale of Class A or Class B or a Non-automatic Weighing instrument of High Accuracy Class (Class II) or Special Accuracy Class (Class I) shall be used in any transaction referred to in sub-rules (1) and (2).

Rule - 10. Use of weights only or measures only or number only in certain cases.

(1)     Except in the cases of commodities specified in Schedule I, the declaration of quantity in every transaction, dealing or contract, or for protection shall be terms of the unit of-

(a)      Weight, if the commodity is solid, semi-solid, viscous or a mixture of solid and liquid;

(b)      Length, if the commodity is sold by linear measure;

(c)      Area, if the commodity is sold by area measure;

(d)      Volume, if the commodity is liquid or is sold by cubic measure;

(e)      Number, if the commodity is sold by number.

Provided that the Controller, Legal Metrology shall issue instructions/directions/orders on use of specific type of weight or measure in any trade from time to time.

Rule - 11. Licensing of manufacturers, repairers and dealers 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 of Legal Metrology or such other officers as may be authorized by him in this behalf, in the appropriate form set out in Schedule II-A.

Provided that no licence 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 as well as the user has to inform in advance the concerned Legal Metrology Officer about the repairing.

Provided further that no person will be granted a repairing licence unless he is a skilled worker and having a valid Certificate of Skill issued by the Controller, Legal Metrology.

Skilled worker: A skilled worker is a person having possession of a Certificate of Skill, in repairing of weight or measure, issued by the Controller and such Certificate of Skill will be issued to such person who possessed such educational qualification, technical competency etc and on such other conditions as prescribed by Controller from time to time.

Provided that a person who bonafied repairs any weight or measure owned or possessed by him shall not require a repairer licence.

(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 officers as may be authorized by him in this behalf, in the appropriate form set out in Schedule II-B.

(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 period of one calendar year and may be renewed from year to year by the Controller or such other Legal Metrology Officer as may be authorized by him in this behalf on payment of such 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 specified in Schedule IV.

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 licence within a period of three months from the date of expiry of the licence.

(6)     The Controller or such other officer as may be authorized by him in this behalf shall maintain a register of license manufacturers, dealers and repairers in the form set out in Schedule V

(7)     Every manufacture/repairer/dealer licensed for the jurisdiction to which licence is granted under the Act and these rules, shall maintain such workshop/laboratory/equipments/tools/registers etc. as the case may be, as per the terms and conditions of the license. Any general or special directions and such licence conditions issued by the controller, shall be binding on the persons to whom the licence has been granted.

(8)     Every licensee under the Act and these rules shall furnish a security deposit for each licence to the State Government as specified in Schedule VI.

(9)     Every licence issued or renewed under this Act shall be displayed in a conspicuous place in the premises where the licencee carries on business.

(10)   A Licence issued or renewed under the Act/Rules made there under shall not be saleable or otherwise transferable.

(11)   Transfer or transmission of business:

(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, of such person shall not carry on the business of such licensee 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 the Act and Rules there under.

Provided that nothing in this rule 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 licence or is, by a notice in writing informed by the Controller that such licence cannot be granted to him.

(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.

Rule - 12. Suspension and cancellation of licence granted.

(1)     The Controller or such other officer authorized by him on his behalf may, if he has any reasonable cause to believe that the holder of any licence 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 licence, 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 licence, pending the completion of any inquiry against the holder of such licence:

Provided that no such licence 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 licence, such suspension shall, on the expiry of the period aforesaid, stand vacated.

(2)     The Controller or such other officer authorized by him on his behalf may, if he is satisfied, after making such inquiry as he may think fit, that the holder of a licence 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 licence:

Provided that no such licence shall be cancelled unless the holder thereof has been given a reasonable opportunity of showing cause against the proposed action.

(3)     Every person whose licence 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 licence has been suspended or cancelled shall, after such suspension or cancellation, as the case may be, surrender such licence to the authority by which such licence was issued.

(5)     Every licensee whose licence 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 A and also submit periodical report/returns once in three months within ten days from the last date of such third month in the format set out in the Schedule VII B.

Rule - 14. Periodical interval for the verification of weights or measures.

(1)     Every weight or measure used or intended to be used in any transaction or for protection shall be verified and stamped by the Legal Metrology Officer, in the local limits of whose jurisdiction in the state in which such weight or measure is put to use, on receipt of such fee as specified in the Schedule IX and it may be re-verified and stamped at an interval as specified in the Legal Metrology (General) Rules, 2010.

Provided that storage tanks including vats, shall be re-verified or recalibrated and stamped at least once in a period as specified in the Legal Metrology (General) Rules, 2010.

(2)     Notwithstanding anything contained in sub-rule (1) every weight or measure which has been verified and stamped in situ shall, if it is dismantled or reinstalled before the date on which the verification falls due be duly re-verified and stamped on payment of the prescribed fee, before being put into use.

(3)     Notwithstanding anything contained in sub-rule (1) every weight or measure which has been verified and stamped shall, if it is repaired before the date on which the verification falls due be duly re-verified and stamped on payment of the prescribed fee, before being put use.

Rule - 15. Verification and inspection of weights or measures.

(1)     Every person using any weight or measure in any transaction or for protection shall present such weight or measure for verification/re-verification, at the office of the Legal Metrology Officer or at such other place as the Legal Metrology Officer may specify in this behalf on or before the date on which the verification falls due.

Provided that the person using weight or measure shall report to the Legal Metrology Officer at least thirty days in advance of the date on which the verification falls due.

(2)     Where any weight or measure is such that it cannot, or should not, be moved from it's location, Legal Metrology Officer shall take necessary steps for the verification of such weight or measure at the place of its location.

(3)     For the verification of weight or measure referred to in sub-rule (2) the user shall provide such facilities as may be specified by the Legal Metrology Officer.

(4)     Every weight or measure presented for verification shall be complete in itself.

(5)     Every weight or measure shall be verified in a clean condition, and if necessary, the Legal Metrology Officer shall require the owner or user to make necessary arrangement for the purpose.

(6)     A Legal Metrology Officer may visit, as frequently as possible during the period specified in sub-rule (1) of rule 14, every premise within the local limits of his jurisdiction to inspect and test any weight or measure which is being or is intended or likely to be used in any transaction or for protection.

(7)     The legal metrology officer shall obliterate the stamp on any weight or measure, if it is found during inspection that:-

(a)      Any weight or measure which being due for re-verification has not been submitted for such re-verification.

(b)      Any weight or measure which does not conform to the Standards established by or under the Act.

Provided that where the legal metrology officer is of opinion that the defect or error in such weight or measure is not such as to require immediate obliteration of the stamp, he shall inform the user, of the defect or error found in the weight or measure and call upon user to remove the defect or error within such time, not exceeding eight days and shall-

(i)       if user fails to remove the defect or error within that period, obliterate the stamp, or

(ii)      if the defect or error is so removed as to make the weight or measure conform to the standards established by or under the Act, verify and stamp such weight or measure.

Explanation: The obliteration of the stamp on any weight or measure shall not take, away or abridge the power of the legal metrology officer to seize such weight or measure in accordance with the provisions of the Act.

(8)     The Certificate of Approval of Model of Central Government shall be produced to the Legal Metrology officer by the manufacturer or importer as the case may be, before verification. The user of the weights and measures shall keep a copy of such Certificate of Approval of Model. The Legal Metrology officer shall incorporate the number of such Certificate of Approval of Model in the Verification Certificate.

(9)     Where the controller is of opinion that it is necessary so to do, he may, by an order in writing authorized any Legal Metrology Officer to adjust any weight or measure in any area within the local limits of his jurisdiction.

Rule - 16. Stamping of weights or measures.

(1)     The Legal Metrology Officer shall stamp every weight or measure, if after testing and verification, he is satisfied that such weight or measure conforms to the standards established by or under the Act, with a stamp of uniform design, issued by the Controller, which shall indicate the number allotted for administrative purpose to the Legal Metrology Officer by whom it is stamped.

Provided that if by reason of the size or nature of any weight or measure it is not desirable or practicable to put a stamp thereon, the Legal Metrology Officer shall take such action as may be directed by the controller by a general or a special order in writing.

(2)     The Legal Metrology Officer shall also mark the year and its quarter of stamping on every verified weight or measure except when the size or nature of such weight or measure makes it impracticable.

Explanation-A year shall be deemed to consist of four quarters of which first quarter shall be of the months of January, February and March which shall be marked as A; second quarter shall be of the months of April, May and June which shall be marked as B, third quarter shall be of the months of July, August and September which shall be marked as C and fourth quarter shall be of the months of October, November and December which shall be marked as D.

(3)     On completion of verification and stamping the Legal Metrology Officer shall issue a certificate of verification in the form set out in Schedule VIII.

(4)     Where a certificate of verification is lost or destroyed, the holder of the certificate of verification shall forthwith apply to the Legal Metrology Officer concerned, for the issue of a duplicate certificate, of verification. Every such application for the issue of a duplicate certificate shall be accompanied by a fee of rupees fifty.

(5)     On receipt of an application under sub-rule (4), the Legal Metrology Officer shall issue to the applicant a duplicate copy of the certificate of verification marked 'DUPLICATE'.

Rule - 17. Fee for verification.

(1)     Fees payable for verification and stamping of weight or measure at the office or camp office of the Legal Metrology Officer shall be as specified in Schedule IX.

(2)     If, at the request of the user of weight or measure, verification is done at any premises other than the office or camp office of the Legal Metrology Officer, an additional fee shall be charged at half the rate specified in the Schedule IX and the user of the weight or measure shall pay the expenses incurred by the Legal Metrology Officer for visiting the premises including the cost of transporting and handling the Working Standard and other equipment subject to a minimum of rupees one hundred.

Provided that no additional fee shall be charged for verification and stamping of weights and measures in situ of,-

(i)       vehicle tanks for petroleum products and other liquids, Meter for Liquids Other than Water (Fuel Dispenser, Liquid Petroleum Gas, Milk Dispensers), Compressed Natural Gas Dispensers, Non-automatic Weighing Instruments like weighbridges, dormant platform machines, crane scale, Automatic Gravimetric Filling Instruments, Automatic Rail-weighbridge, Discontinuous Totalizing Automatic Weighing Instruments, and such other weight or measure which cannot, and should not be moved from its location;

(ii)      Weight or measure in the premises of manufacturer or dealer of such weight or measure.

(3)     If a weight or measure is presented to the Legal Metrology Officer for re-verification after expiry of the validity of the stamp, an additional fee at half the rates specified in Schedule IX shall be payable for every quarter of the year or part thereof.

(4)     Full fee shall be payable for re-stamping any weight or measure held in stock with manufacturer or dealer within the period specified, in rule 14 from the date on which it was last stamped, provided that the original stamp was not obliterated.

(5)     A weight or measure which on verification is found to be incorrect shall be returned to the person concerned for adjustment informing him, in a proforma specified by the Controller, of the defects found in the weight or measure, and calling upon him to remove the defects within a period not exceeding seven days. When the necessary adjustment has been carried out, such weight or measure shall be verified on payment of the fees specified in schedule IX and if found correct shall be stamped.

Rule - 18. Collection of fees and deposit into the Treasury.

(1)     Before commencing the work of verification or re-verification, the Legal Metrology Officer shall inform the person concerned of the fees payable by him and shall receive the same in the manner as authorized by the controller and issue a receipt on the form approved by the Controller, one copy of such receipt being kept on record.

Provided that fees payable by a department of the Central or State Government under these rules may be realized in such manner as may be directed by the Controller.

(2)     The Legal Metrology Officer shall maintain a register, in the form approved by the Controller, which shall be written up from day-to-day and shall show the amount of fees and other charges collected during the day.

(3)     All payment received by the Legal Metrology Officer during the week shall be paid into the Government Treasury under the appropriate "Head of Account" on such dates or days as may be specified by the Controller from time to time, and a receipt thereof be obtained and an intimation to that effect be sent to the Controller or other officer authorized by him in this behalf.

Rule - 19. Disposal of seized weights, measures, etc.

(1)     any un-verified weight or measure shall be returned to the person from whom such weight or measure was seized if that person gets the same verified and stamped, within fifteen days of the return, on payment of the prescribed fee including the additional fee payable for undertaking re-verification after the expiry of the validity of the stamp.

(2)     Any weight or measure or document or thing or goods seized and detained under sections 15 of the Act, which is to be the subject of proceedings in a court shall be produced by the Legal Metrology Officer before the court shall after conclusion of the proceedings, be taken possession of by the Legal Metrology Officer and dealt with in accordance with the orders of the court:

Provided that in the absence of the orders of the court, weight or measure or document or thing or goods shall be dealt with as the Controller may be special order direct and the material thereof shall be sold and the proceeds credited to the Government.

(3)     If any goods, seized under section 15 of the Act. are subject to speedy or natural decay, the legal metrology officer shall have the goods weighed or measured on a verified weighing or measuring instrument available with him or nearest the place of offence and enter the actual weight or measure of the goods in a form specified by the Controller for this purposes, and shall obtain the signature of the trader or his agent or such other person who has committed the offence. The goods in question shall be returned to the trader or the purchaser as the case may be:

Provided that if the trader or his agent or the other person (who has committed the offence) refuses to sign the form, the Legal Metrology Officer shall obtain the signature of not less than two persons present at the time of such refusal by the trader or his agent or other person. In the case of goods returned to the traders he shall give an undertaking that he shall not sell the defective goods without rectifying the defects thereon.

(4)     Where the goods seized under sub-section (1) of Section 15 of the Act are contained in a package and the package is false or does not conform to the provisions of the Act or any rules made there under and the goods In such package are subject to speedy or natural decay, the legal metrology officer so far as may be, may dispose of the goods in such package in accordance with the provisions of sub-rule (3).

Provided that the controller shall be the final authority to decide whether the goods seized and detained are subject to speedy or natural decay.

(5)     Where the goods seized under sub-section (1) of Section 15 of the Act are not subject to speedy or natural decay, the legal metrology officer may retain the package for the purpose of prosecution under this Act after giving the trader or his agent or the other person (who has committed the offence) a notice of such seizure.

(6)     The goods referred under sub-rules (4) & (5) which are not to be the subject of proceedings in a court, shall after the expiry of sixty days of its seizure, be so dealt with as the Controller may by special order direct.

Rule - 20. Validity of weights or Measures duly stamped.

(1)     A weight or measure which is, or is deemed to be, duly verified and stamped under this Rule shall be deemed to conform to the standards established by or under the Act at every place within the State in which it is stamped unless it is found on inspection or verification that such weight or measure has ceased to conform to the standards established by or under the Act.

(2)     No weight or measure which is, or is deemed to be, duly verified and stamped under the Act shall require to be re-stamped merely by reason of the fact that it is being used at any place within the State other than the place at which it was originally verified and stamped:

Provided that where a verified weight or measure, installed at one place is dismantled and re-installed at a different place, such weight or measure shall not be put into use unless it has been duly re-verified and stamped, notwithstanding that periodical re-verification of such weight or measure has not become due.

(3)     Where a verified weight or measure has been repaired, whether by a licenced repaired or by the person owning and possessing the same, such weight or measure shall not be put into use unless it has been duly re-verified and stamped, notwithstanding that periodical re-verification of such weight or measure has not become due.

Rule - 21. Qualifications of Inspector.

(1)     No person shall be appointed as Inspector unless he-

(a)      is a graduate of a recognized university in Science (with physics as one of the subjects), technology or engineering and

(b)      is able to speak, read and write at least one of the regional languages of the state in addition to the official language of the state.

(2)     Nothing in sub-rule (1) shall apply to persons who have been working as inspector or eligible for promotion as Inspector before the commencement of the Standards of Weights and Measures (Enforcement) Rules 1986 of the State framed under section 72 of the Standards of Weights and Measures (Enforcement) Act, 1985 (Central Act 54 of 1985) established by the Central Government.

(3)     The person appointed to the post of Inspector shall have to successfully complete the basic training course at the Indian Institute of Legal Metrology established by the Central Government under section 21 of the Act before he is given the duties under the Act and the Rules.

Rule - 22. Provision of supply of Working/Secondary Standards, equipment, etc. to the Legal Metrology Officer.

(1)       Every Legal Metrology Officer shall be provided with Working/Secondary Standards, Working/Secondary Standard balances and such other equipment includes weighing and measuring devices as may be approved by the Controller from time to time.

(2)       Every Legal Metrology Officer shall be provided with such dies, punches, paper seal/sticker and such other equipment as may be necessary for affixing the verification stamp, the design and number of which are to be approved by the Controller.

(3)       Every Legal Metrology Officer shall be provided with punches of suitable sizes of eight-pointed star as shown below for obliterating stamps.

Rule - 23. Provisions relating to use of weights measure, etc.

(1)     Every person using a beam scale in any transactions in his premises shall suspend the same to a stand or to a chain by a hook:

Provided that this sub-rule shall not apply to itinerant vendors.

(2)     Every weight or measure shall be used in a clean condition and in proper lighting arrangement

(3)     Any weight or measure, which has been verified and stamped in situ, shall not be dismantled or removed from its original site without prior intimation to the Controller or Legal Metrology Officer by him in this behalf.

(4)     To ensure a proper check of the accuracy of a weighing instrument the user shall keep at the site of each weighing instrument duly verified and stamped weights equal to one-tenth of the capacity of the instrument or one tonne whichever is less and consumer can also check the accuracy of the weighing instrument.

Provided that the Controller may specify the total number of verified and stamped weights to be maintained in trade premises where the number of weighing instruments is more than one.

(5)     To ensure proper delivery of the petrol/diesel pumps, the retail dealer of the pump shall keep a verified 5 liter capacity measure in his premises and check the out put from the pump every day to ensure its correct delivery. In case of any short delivery the dealer shall stop the delivery through the pump immediately and inform the Legal Metrology Officer to recalibrate the pump.

(6)     Controller or any Legal Metrology officer may also require the production of every document or other record or information relating to the weight or measure or pre-packed commodity and the person having the custody of such weight or measure or pre-packed commodity shall comply with such requisition.

(7)     Registration of Establishment (User of Weights and Measures): 

(i)       Every person who intends to commence, or carry on the use of any weight or measure in any transaction or for protection shall make an application Form RA of Schedule XI, accompanied by a fee of Rs. 100/- (rupees one hundred only), to the Inspector for the registration of his name.

Provided that no itinerant vendor is required to pay requisite fee for registration or for renewal Every applicant using weights or measures shall register his concern within ninety days of commencement of his business.

(ii)      the Inspector shall include the name of the applicant in the 'Register of Establishment (Use of Weights and Measures)' and issue to him a certificate in Form RC of Schedule XI.

(iii)     the Inspector shall maintain such record in the 'Form RoE' of Schedule XI.

(iv)    such certificate is valid for a period of one year, is renewal every year at least thirty days before expiry of the registration.

(v)      Where a certificate of Registration is lost or destroyed, the holder of the certificate shall forthwith apply to the registration authority concerned, for the issue of a duplicate certificate. Every such application for the issue of a duplicate certificate shall be accompanied by a fee of rupees ten only.

(vi)    If the user intends to sell any weight or measure specified in Schedule XII, he shall obtain permission of the Legal Metrology Officer concerned.

Rule - 24. Certificate of verification to be exhibited.

The person to whom a certificate of verification is issued shall exhibit the same in a conspicuous place in the premises where the weights, measures or weighting or measuring instruments to which the certificate relates are used:

Provided that in the case of itinerant vendor, the certificate shall be kept on with the person:

Provided further that in the case of vehicle tank, the certificate of verification shall be kept with the vehicle.

Rule - 25. Penalty for contravention of rules.

Whoever contravenes any provision of these rules, for the contravention of which no punishment has been separately provided in the Act, shall be punished with fine, which may extend to five thousand rupees. Whenever rules are in conflict with the provisions of the Act, the Act prevail the rules

Rule - 26. Form of appeal.

(1)     Every appeal under the Act and these rules shall be preferred in the form set out in Schedule X and shall be accompanied by a copy of the order appealed against.

(2)     An application for appeal to State Government shall be accompanied by fee of Rs. 500 and for appeal to Controller shall be accompanied by fee of Rs. 200 paid either by demand draft or by affixing court fee stamp for the said value as the case may be.

Rule - 27. Compounding Fee for various offences.

the fee for compounding of offences committed under the Act shall be as prescribed in the Schedule XIII.

Rule - 28. Cognizance of offences.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973,-

(a)      no court shall take cognizance of an offence punishable under the Act and the Rules made their under, except upon a complaint, in writing, made by-

(i)       the Controller;

(ii)      any other Legal Metrology Officer authorised in this behalf by the Controller by general or special order;

(iii)     any person aggrieved; or

(iv)    a recognized consumer association whether the person aggrieved is a member of such association or not.

Explanation.--For the purposes of this clause 'recognized consumer association' means a voluntary consumer association registered under the Companies Act, 1956 (1 of 1956) or under any other law for the time being in force;)

(b)      no court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the first class shall try any offence punishable under the Act and the Rules made their under.

Rule - 29. Summary Trial.

Notwithstanding anything contained in the Code of Criminal Procedure, 1973, an offence punishable under these rules may be tried summarily.

Rule - 30. Power to make regulations.

The Controller by notification make any regulation in relation to any weight or measure and to carried out the provisions of the Act and the Rules made their under in the State.

Rule - 31. Procedure for Compounding of offences.

(1)     Form and manner of application.?

(2)     An applicant who has violated the provisions of Legal Metrology (Weights and Measures) Act and Rules or any other person authorized in this behalf either before or after institution of prosecution, make an application under sub-section (1) of section 48 of Legal Metrology Act 2009 in the form appended to these rules, to the Compounding authority namely the Controller Legal Metrology or any authorized officer having jurisdiction over the place where the offence(s) under the Legal Metrology (Weights and Measures) Act and Rules, have been or alleged to have been committed to compound the offence. Application Form appended.

(3)     Procedure on receipt of application.--

(i)       On receipt of such application the compounding authority shall call for a report from the Legal Metrology Officer concerned

(ii)      the said report shall be furnished by the Legal Metrology Officer concerned immediately.

(iii)     The compounding authority on receipt of such report may adjudicate the matter under intimation to the applicant.

(iv)    The applicant shall, within a period of thirty days from the date of receipt of adjudication order to remit the compounding fee as ordered and shall furnish the proof of such remittance to the compounding authority.

(v)      The compounding fee once paid is not refundable except in cases where the court rejects withdrawal of the case from prosecution. It is reiterated that the applicant cannot claim as right compounding of offence.

(4)     Fixation of the Compounding amount.--

the officers may take into account to the relevant provisions of Legal Metrology (Weights and Measures) Act and Rules which authorizes collection of compounding fee equivalent to fine amount prescribed in the relevant provisions of the Law while fixing the compounding amount. Wherever the provisions of the Legal Metrology (Weights and Measures) Laws are violated by a "company", the officers shall adhere to section 49 the Legal Metrology Act, 2009

SCHEDULE I

(See Rule 10)

Exceptions referred to in Rule 10

1.        The following commodities may be sold by weight, measure or number as show against the commodity.

TABLE

SCHEDULE IV

[See rule-11(4) and 11(5)]

Licencing and renewal fees for manufacturers, repairers of, dealers or weights and measures

1.        Issue of licence/renewal of licence to:

2.        Alteration of licence Rs. 500/-.

 

3.        Issue of duplicate licence Rs. 500/-.

SCHEDULE V

[See rule 11(6)]

Government of Andhra Pradesh

Office of Controller of legal metrology

Register of licensed manufacturers/Repairers/Dealers is weights, measures,

weighing instruments/measuring instruments Office of......................

Note: Column (4) does not apply to dealers,

Column (6) does not apply to repairers and dealers.

SCHEDULE VI

[See rule 11(8)]

Security deposit to be made by licensee manufacturer, repairer or dealer

SCHEDULE VIII

[See rule 16(3)]

Government of Andhra Pradesh

Office of the Controller, Legal Metrology,.........................

Certificate of Verification

Verification Certificate No. ....................... Date:...............

Name of Legal Metrology Officer:..............................Administrative number of the Legal Metrology Officer:.........designation..................... Location:...............

I hereby certify that I have this day verified and stamped/rejected the under mentioned weights, measurers, etc. Belonging to................................................... Locality .........................................................under the Act and Rules made thereunder.

Registration No. of Establishment:........................Name of the Trade:.................

Total Rs. ...... (in words rupees..................................................................only)

deposited vide T. Receipt/Money Receipt No.....date:..........Name of Treasury.........

Repaired by......................................................

Signature of Legal Metrology Officer

Next verification due on.................

Note:-1. In the case of rejected weights, measures, etc the Inspector shall give separate Certificate of rejection mentioning the reasons of rejection against each item.

2. If repaired before the date of verification, the user should get re-verified and stamped on payment of the prescribed fee, before being put use.

SCHEDULE IX

[See Rule 14(1)]

Fee payable for verification and Stamping of Weights and Measures and Weighing and Measuring Instruments

1.        Weights:

(a)      Bullion Weights

(b)      Brass Weights (other than Bullion)

(c)      Sheet metal Weight (other than Bullion)

(d)      Iron and Steel Weights:

(e)      Carat Weights:

2.        Capacity Measures/tank lorry/storage tank:

3.        Length Measures:

(a)      Non-Flexible-

(b)      Fabric Plastic-

(c)      Woven-

(d)      Steel tapes-

(e)      Folding Scales-

(f)       Surveying Chain-

4.        Beam Scale Class A & B:

5.        Beam Scales Class C& D:

6.        Counter Machines

7.        Non-Automatic weighing Instruments, mechanical (analogue indication)/digital belonging to ordinary and medium accuracy class:

8.        Weighing instruments, of high accuracy class and special accuracy both mechanical and electronics:

9.        Automatic Weighing Machine:

10.     Totalizing Machine:

(a)      Independent Machine: 1000.00

 

(b)      as additional machine: 500.00

11.     Volumetric measuring instruments:

12.     Flow meters:

13.     Linear Measuring Instruments:

14.     Clinical Thermometer:

15.     Blood Pressure Measuring instrument: 20.00

 

16.     Water meter 25.00

 

17.     Electricity meter Omit

 

18.     Kitchen Scale:

19.     Tubular balance:

20.     Person weighing machine excluding bath room scales Rs. 200.00

 

21.     Bathroom Scales:

 

120 kg. and above 50.00

 

22.     Baby or child 20.00 weighing Scales

 

23.     Peg or liquor Measure:

24.     Automatic Rail weighbridge 10000.00

25.     Automatic Gravimetric Filling Instruments (it includes fill in ml or liter or in Multiples thereto)

26.     Discontinuous totalizing automatic weighing instruments (Totalizing Hopper Weighers)

27.     Compressed Natural Gas

28.     Auto LPG

29.     Continuous totalizing automatic weighing Instruments (Belt Weighers)

30.     Automatic in motion road weigh bridge

31.     Weights for high capacity weighing machines

32.     Check Weighing and Weight Grading Machines

33.     Tapes for use in measurement of Oil quantities

SCHEDULE X

[See rule 26(1)]

Form of appeal against an order of an Inspector/Assistant Controller/Deputy Controller/Controller:-

1.        Name and address of the appellant

2.        No. and date of order of Inspector/Assistant Controller/Deputy Controller/Controller of Legal Metrology against which the appeal is preferred.

3.        Whether the appellant desires to be heard in person or through an authorized representative.

4.        Grounds of appeal

SCHEDULE XII

Weight or Measure which requires permission to sell

[see Rule 23(8)]

1.        Vehicle tanks,

2.        Meter for Liquids other than Water,

3.        Water meters,

4.        Dispensing pumps,

5.        Auto LPG Dispensers,

6.        Milk Dispensers,

7.        CNG Dispensers,

8.        Weigh-Bridges,

9.        dormant platform machines,

10.     Crane Scales,

11.     Automatic Gravimetric Filling Instruments,

12.     Automatic Rail Weigh-Bridges,

13.     In-motion Road Weigh-Bridges,

14.     Discontinuous Totalizing Instruments,

15.     Continuous Totalizing Instruments,

16.     Gas meters,

17.     Automatic Weighing Instruments, and

18.     such other weight or measure which cannot, and should not be moved from its location

SCHEDULE XIII

[See rule 27]

Compounding Fee for various offences