16. Conditions, etc. for manufacture of a weight or measure exclusively for export
(1) The provisions of this rule shall apply to weights or measures which are made or manufactured exclusively for the purpose of export.
(2) No non-standard weight or measure shall be made or manufactured by any person unless he has obtained the previous permission from the Central Government:
(3) Every person intending to manufacture any non-standard weight or measure for the purpose of export shall make an application for permission to the Central Government on payment of a fee of rupees five hundred for such permission authorising him to manufacture such weight or measure and shall in such application indicate—
(a) his name and full address;
(b) location of the factory in which such weight or measure is proposed to be manufactured;
(c) description of weight or measure proposed to be manufactured;
(d) documentary or other evidence indicating the existence of a firm contract for the export aforesaid or where there is no such firm contract for export, documentary or other evidence indicating that there is likely to be a demand for the export of non-standard weight or measure.
(4) The Central Government shall, if it is satisfied from the documentary or other evidence produced by the applicant or otherwise that the applicant intends to manufacture non-standard weight or measure for export, grant the permission authorising him to manufacture such weight or measure:
PROVIDED that the Central Government may, if it is satisfied that the applicant has contravened any of terms and conditions of the permission or that weights or measures manufactured by the applicant have found their way into the Indian MARKET
or that the applicant had made any statement in his application for the permission which is false in material particulars or he had concealed some material particulars, cancel the permission:
or that the applicant had made any statement in his application for the permission which is false in material particulars or he had concealed some material particulars, cancel the permission:
PROVIDED FURTHER that no permission shall be cancelled except after giving to the applicant a reasonable opportunity of showing cause against the proposed action.
(5) Every permission granted under sub-rule (4) shall remain valid for a period of one year and shall be renewed for a like period on payment of a like fee unless the Central Government is satisfied that the applicant has made any statement in his application which is false in material particulars or that he had concealed some material particulars or had contravened any provision of the Act or any rule made there under:
PROVIDED that no order for the refusal to renew a licence shall be made by the Central Government except after giving the applicant a reasonable opportunity of showing cause against the proposed action.
(6) Every person who is granted permission under this rule shall submit to the Central Government, at the end of the calendar year, a statement as to the quantity of the non-standard weights and measures exported by him and the particulars of the person to whom such export has been made.
17. Prohibition on sale of non-standard weight or measure within the country
No non-standard weight or measure made or manufactured exclusively for export shall be sold or otherwise distributed within the territory of India.
18. Maintenance of record in relation to non-standard weight or measure
Every person who makes or manufactures any non-standard weight or measure for export shall maintain a monthly record of the number of such non-standard weights or measures manufactured by him, number of weights or measures already exported by him, and number of weights or measures in STOCK or under production. The record so maintained shall be open to inspection by any officer authorised by the Central Government in this behalf.
or under production. The record so maintained shall be open to inspection by any officer authorised by the Central Government in this behalf.
19. Sample checking of weight and measure
(1) Standard weights or measures which are intended for export shall not ordinarily require any verification and stamping, but if the party to whom the export is to be made so requires, a sample checking of such weight or measure shall be made by such agency as the Central Government may specify in this behalf, and thereupon the agency so specified shall, after checking the weight or measure, issue a certificate indicating whether or not such weight or measure conforms to the requirements of the Act and the rules made there under.
(2) The weight or measure to be checked as sample under this rule shall be selected at random and proper records shall be maintained with regard to the sample checking so made.
(3) The Central Government shall, while specifying the agency for checking the weight or measure, ensure that the agency completes the checking well in time so that the export of the weight or measure is not delayed by reason of such checking.
20. Checking of non-standard weights and measures sample which are to be exported
(1) Non-standard weight or measure, which is made or manufactured exclusively for export, shall not ordinarily require any verification and stamping, but if the party to whom the export is to be made so requires, a sample checking of such weight or measure shall be made by such agency as the Central Government may specify in this behalf; and thereupon the agency so specified shall, after checking the weight or measure, issue a certificate indicating whether or not such weight or measure conforms to the specifications given by the party to whom the export is to be made or, where the party aforesaid has not given any specification, whether the weight or measure conforms to the specifications laid down by the manufacturer.
(2) The weight or measure to be checked as sample under this rule shall be selected at random and proper records shall be maintained with regard to the sample checking so made.
(3) The fee for checking of any non-standard weight or measure shall be—
(i) if it is similar to any standard weight or measure, equal to the fee leviable for the verification and stamping of such standard weight or measure; and
(ii) where such non-standard weight or measure is not similar to any standard weight or measure, the Central Government may specify such amount as fees as is commensurate with the labour involved in checking the non-standard weight or measure.
(4) The Central Government shall, while specifying the agency for checking the non-standard weight or measure, ensure that the agency completes the checking well in time so that the export of such weight or measure is not delayed by reason of such checking.
