(a) previous operations of those provisions or anything that has been, is being done or omitted from them or that is a victim thereof; or 1. The Controller of Legal Metrology hereby grants … (Name and address of party(ies) a licence to manufacture the following:- (Provide details of the weights, measures, weighting instruments or measuring instruments for the manufacture of which the Party has granted a licence). 12. In accordance with the 7th Roadmap, a scale is classified as an automatic or non-automatic instrument. The instrument that requires the intervention of an operator during the weighing process, for example to deposit or withdraw from the receiver, the load to be measured and also to obtain the result, is a non-automatic balance. In accordance with section 24 of the Legal Metrology Act, 2009, in conjunction with Rule 27 of the Legal Metrology (General) Rules, 2011, it is clear that any person who has a weight or measure in his or her possession, custody or control will be used by him or her in connection with a transaction or to protect himself or herself in circumstances that indicate that such a weight or measure is, is intentional or probable, may be inspected, before adopting such weight or measure in such use, at a place and at such times as the controller may determine on a general or special order on that behalf, against payment of the prescribed fees. In exercising the powers conferred by section 53(1) of the Act, the State of Andhra Pradesh has issued rules known as the A.P. Legal Metrology (Enforcement) Rules, 2011. Rule 9 of the above rules reads as follows: “Use of precious metal weights, carat weights, etc. – (1) No weight other than a weight of precious metal according to the (general) legal rules of metrology 2011 may be used in transactions with gold bars, including precious metals, pearls, ornaments or other objects made of gold, silver or platinum. 2. No weight other than a carat weight may be used for transactions in precious stones.
3. Only Class A or Class B beam balances or a non-automatic balance of high precision class (Class II) or special precision class (Class I) with a verification interval of 1 mg or less than 1 mg may be used in all transactions referred to in sub-rules (1) and (2). (4) In any investment transaction, the balance user must indicate in this receipt the purity of the gold in the form of “carat” as well as the net weight and the amount of the net weight of precious metals and precious stones. (5) The legal metrology officer may inspect and test all gold bullion karatage, including precious metals, using the specified method sold in gold bars at each transaction. For testing or inspection purposes, the Legal Metrology Officer may provide the necessary government equipment. 13. It is clear from the above rule that in transactions involving gold, silver or platinum, including precious metals, pearls, ornaments or other objects of gold, silver or platinum, no weight other than a weight of precious metal within the meaning of legal (general) metrology may be used. The word “transaction” within the meaning of paragraph (u) of section 2 of the Act reads as follows: “(i) any contract, whether for sale, purchase, exchange or any other purpose, or (ii) any assessment of royalties, tolls, duties or other charges, or (iii) an assessment of the work performed, wages due or services rendered;” This request is filed to ask Mandamus not to insist on the action of the defendants in the application of the provisions of note No. 5309/T1/2012 of 16.08.2012 issued by the 1st defendant to the applicant`s commercial activities, the use of descaling machines by its branches as illegal, arbitrary, unconstitutional and for consistent instructions to the respondents: that the petitioner and his branches follow the instructions given in the above-mentioned note.
in the inspection and punching of automatic scales. 2. The petitioner is a company active in the financial sector. The affidavit filed in support of the lawsuit states that the applicant has 555 branches in the state of Andhra Pradesh and that his main business is to advance money against the safety of gold ornaments in accordance with the standards adopted by the Reserve Bank of India. It is true that the applicant company arranges gold loans against the deposit of gold ornaments as security and that those deposited ornaments are returned to the borrowers at the time of repayment of the loans by charging a reasonable interest rate on those loans. 3. The Statutory Metrology Comptroller, Hyderabad, issued the disputed note of 16.08.2012 in which he instructs all Assistant Statutory Metrology Controllers in the State of Andhra Pradesh referring to certain complaints against precious metals traders. Through the said note, instructions were given to all deputy inspectors of state legal metrology to convene a meeting of the Association of Precious Metal Dealers and Jewelry Dealers in their jurisdiction and to ask them to follow the guidelines issued in the note complained of. In addition, the Assistant Controllers of Legal Metrology have been tasked with instructing precious metal traders to use only non-automatic scales approved by the Indian government. Further instructions have been given to carry out inspections in the precious metals trade and to observe the operation and machinery used in the precious metals trade and to register cases against traders who deviate from such a procedure.
