1. ' IMAM ALI G. KAZI, J.---The three petitioners in this petition are merchants from Tando Adam. They have questioned the order dated 26th August, 1990 issued by the Government of Sindh, Bureau of Supply and Prices whereby fees for repair of weights and measures has been levied and its rates revised.
2. ' Mr. Hussain_ Shaikh, Advocate for the Petitioners, has raised two-fold contentions, namely: (1) the office order mentioned above can only be enforced if it is notified in the official Gazette as provided by section 47(2) of the Sindh Standard Weights and Measures Enforcement Act, 1975; (ii) that certain repairers approached the merchants and are collecting stamping charges themselves instead of the officers of the Department in addition to repair charges illegally.
3. ' On examination of the provisions contained in the Sindh Standard Weights and Measures Enforcement Act, 1975, it will be noticed that its section 15(1) provides that no person shall, in the course of trade, manufacture, repair or sell any commercial weight or measure or any weighing or measuring instrument unless he has obtained a licence in the prescribed manner. Its subsection
(2) further provides that the Controller or any officer authorised by him in this behalf can grant licences for the purpose of its subsection (1). Section 18 of the said Act makes a provision for levy of fees for grant of licences under section 15 and for verification or reverification, marking, stamping and adjustment of commercial weights and measures or weighing or measuring instrument.
4. Duties to carry out the various functions of an Inspector are enumerated in its section 21 which includes verification of weights and measures and periodical inspection of the same. It may be pointed out that the objects generally enumerated in the said Act are in conformity with what has been ordained in "Soorah Meezan" of the Holy Qur'an.
5. ' It is admitted both by Mr. Abdul Ghafoor Mangi, Additional Advocate-General, Sindh and Mr. Khalid Athar, Advocate for respondent No,3, that the order mentioned above so far as it relates to levy of repairing fees imposed under Rule 11 of the Rules promulgated under the said Act can only be enforced provided it is notified in the official Gazette as laid down in section 47(2) of the said Act.
6. The said order mentions "Government verification and stamping fees" and "rate of repairing of weights and measures per item". So far as the "Government verification and stamping fees" are concerned, it has already been notified in the official Gazette. As, regards the latter, the item has not been notified in the official Gazette and, therefore, the order, so far as it relates to it, has been issued without any lawful authority.
7. ' So far as the second grievance of Mr. Hussain Shaikh, Advocate for the petitioners, is concerned, the Additional Advocate-General, Sindh, admits at the bar that the respondent No,3, as is evident from the receipts produced by the petitioners, has been collecting reverification fees in addition to repair charges which he cannot do under the law. He shall, therefore, ensure that the licensees do not approach the merchants for having their weights and measures corrected by them and recover reverification charges. The merchants shall be free to choose any licensee and have weights and, measures corrected. He pointed out that about 250 licences have already been issued to the persons who are authorised to carry out the repair.
8. ' We have noticed from Annexures C and D filed with the petition that respondent No,3 has been charging stamping fee in addition to repairing charges. Although Abdul Jabbar, Law Officer of the Bureau of Supply and Prices, Karachi, present in Court, states that the amount recovered by the licensees on account of stamping fees is ultimately deposited in public treasury through the concerned Inspector. We are not satisfied with such an explanation and we direct that the concerned authorities shall institute an enquiry to find out if such amounts collected are actually deposited in public treasury. In case it is not being done so appropriate action- be taken against the delinquent officeRs, ' For the foregoing reasons we declare that the order dated 26th August, 1990 under No, DD(W&M)- BSP/35/82-90 issued by the Government of Sindh, Bureau of Supply and Prices (Weights and Measures), Karachi, to the extent of entry in column 4 is without lawful authority and to be of no legal effect as the said office order has not been notified in official Gazette. We also restrain the respondent No,3 from collecting reverification fees. The petition is allowed to the extent indicated above.
9. ' The competent authority will be free to take any action for reimposition of such charges under the law if they are so advised.