Legal Metrology: Models Submissions of Weights & Measures

Legal Metrology: Models Submissions of Weights & Measures

Introduction

Every person who submits any model of weights or measures or weighing or measuring instrument for approval shall deposit the credit to the Recognized Laboratory with a prescribed fee as per the rule 19 of the act.

While submitting the documents referred under the act shall be sent by the director to the recognized laboratory, which carries out the test for the approval of the model to enable the laboratory to ascertain whether search documents conform to the details of the results of the test carried out for the approval of that model. Offence of weights and measures is punishable under IPC.

Testing of Weights & Measures in Recognized Laboratory

  1. Wherever the nature of weights or measures is of voluminous nature they cannot be submitted to the laboratory for testing, the recognized laboratory may undertake the testing of such models at the place wherever it may deem fit.
  2. However, whenever any test is undertaken at any premises other than the recognized laboratory then in such case the applicant shall pay for the followings:
    1. Duration of such test,
    2. The travelling,
    3. Daily allowance of the person deputed for such tests, and
    4. Such allowance shall be payable at search rates as may be admissible to the person under the rules in force in the recognized laboratory.
  3. The applicant shall provide such facilities as may be required by the team of a person deputed by the recognized laboratory to carry out the necessary test for the approval of the model.
  4. Then installation, test, and removal of the model shall be done at the cost and risk of the applicant. However there are different rules for Cylindrical Knob type weights under legal metrology.

Central Government and Recognized Laboratories for Weights & Measures

The central government and the recognized laboratory shall not be responsible for any loss or damage that the model may sustain during examination and testing.

Forfeiture of Model by the Central Government

Where any model submitted to the recognized laboratory for approval is not removed by the applicant within six months from the date on which a certificate of approval was granted, or if used concerning such model, such model shall be forfeited by the central government and the government shall dispose of the model in such a manner as it may deem fit. The Central Government can also stop the Import and Export of weights and measures in case of offence committed.

Approver of Model by the Director of Laboratory

The director may if he is satisfied that the test for the approval of any model is likely to take more than three months and on receipt of satisfactory preliminary test report from the laboratory issue subject to such condition as a manufacturer to manufacture at his own risk, the weight or measures concerning which the model has been submitted for approval. (Read also: Legal Metrology: Delegation Power of Government)

Withdrawal of the Model Approval Certificate

The manufacture, distribution, or sale of the instruments shall be discontinued immediately when the professional model approval certificate has been withdrawn by the director. Further that in case the tested model does not meet the requirement of the model approval test, in such a situation all the instruments covered by the provisional certificate and sold in the market shall be withdrawn with immediate effect at the manufacturer’s cost.

Test for the Approval of the Model

The test needed for the assessment of the fitness or otherwise for a model submitted for approval shall be carried out under the normal conditions for use whether actual or estimated or the weights or measures shall be made with a view to the following:

  1. Asserting whether such a model confirms the standards established concerning the model or under the act and the rule or to the recommendations of the International Organisation of Legal Metrology.
  2. Finding out the ability of such models to maintain accuracy and other metrological characteristics and quantities after it has been put to use for such a minimum number of times or over such minimum. As director may by general order be specified concerning the class of weights or measures to which the model pertains.
  3. Determining the performance of such a model under varied Conditions of use.
  4. Determining the metrological and technical characteristics of the model after taking into account the possible incidents of influence factors and their effect on metrological and technical characteristics.
  5. Determining whether the manufacturer, paper, or importer of the commodity carries the mandatory declaration required under the act and the rules.
  6. Considering the fact that the place or places of ceiling on the instrument suggested by the manufacturer is sufficient to prevent their fraudulent conduct and use.
  7. Determining generally the behaviour of the model, that is to say, its robustness, reliability, and susceptibility to fraudulent use.
  8. Every model shall be tested by such test procedure as may be laid down by the director concerning the class of weights or measures to which such model pertains. However, until the test procedure is laid down by the director concerning any class of weights or measures the test of any model about the such class of weights or measures shall be carried out under the procedure as would in the opinion of a recognized laboratory, enable it to recommend the grant of certificate of approval to such models.
Contents of Certificate of Approval under Legal Metrology

The certificate of approval shall also contain the following contents or information given below:

  1. The number of the certificate,
  2. The mark assigned to the approval model,
  3. A brief description of the model,
  4. The category of weights or measures,
  5. A brief statement of the result of the test.
Testing Fee for a Model of Weights or Measures

The fees for testing of a model of weights or measures to be deposited in a manner that the applicant shall while making an application under the act should deposit fees in the form of a demand draft drawn in favour of the laboratory, or through online payment towards testing charges of the laboratory in the following manner given below:

  1. Rupees 10,000 for the testing of mechanical type models of weights or measures or weighing or measuring instruments.
  2. Rupees 25,000 for the testing of digital or electronic type models of weights or measures or weighing or measuring instruments.
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