- (1.) Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.
(2.) Petitioners are the proprietary firms doing business of repairing of weights, measures and scales and do possess repairing licences issued by the Legal Metrology Department under the provisions of Legal Metrology Act, 2009. Petitioners are objecting to the circulars issued by the Controller of Legal Metrology, Maharashtra State, Mumbai, dated 22.10.2014 and 27.10.2014.
(3.) It is recorded in the circular dated 22.10.2014, that the Department issued licences under Section 28 of the Legal Metrology Act, 2009, in favour of repairers authorising them to repair the weights, measures and scales. The repairers are not entitled to collect fees prescribed for verification of the weights, measures and scales and deposit the amount with the Inspector. The licences issued in favour of the repairers do not contain any clause authorising them to recover verification fees. It is further recorded that several complaints have been received by the Department as well as Anti Corruption Bureau in respect of amount collected by the repairers. It is further warned in the circular that if the repairers continue to collect the amount towards verification fees, appropriate action would be taken under Rule 10 of the Maharashtra Legal Metrology (Enforcement) Rules, 2011 and the licences issued to them would be cancelled. An identical circular has been issued on 27.10.2014 and the repairers are further warned of an criminal action in the event of alleged breach of conditions of licence.;