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828 · GI/2OH1

3814 · -II

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828 · G2/1-2

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828 · Gz(n-3

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20 · TT 32a1 A & @fadtu & T & d134A J1 &J1 (1) Axx # &T 32a1 AiY & @tq 4 3114Ta & far 71344 J &x # 4d {q HTHI 4 JARta a7 4 f 34 aTc 3era1 74 & %4 #T M_Iq #44 HOl & 3fufa44 & #RT 22 & 3efa f4r J4T a1 (2) &a fx # Hisct # 3aa # #s % TY *44 KI ERT 7E T7 0441 JT &, {rov HA ERT Fxxft # & 32a1 Ai9 & @@u 32a131T4TT 8g JN 1A & @rird # 6r4t jUI Yog &6 @ida 7E f44 jL 4 34 Higct & #44 IOR em 3c Mea 8t M1I

21 · . E 3k ZZ (1) T Hk 414 H1& (Hisaif TT 3ghlca) Wra, 1987 (Tr 378t 374 9Ru1a 3od F44 #61 J4T 8) & 374 em Efid f441 J1T 81

1 · Short title and commencement- (1) These rules may be called The Legal Metrology (Approval of Models) Rules, 2011_ (2) They shall come into force on the 1st day of April, 2011,

2 · Definitions:-(I) In these rules, unless the context otherwise requires; (a) "Act" means- the Legal Metrology Act; 2009 (1 of 2010); (b) "Model" means the final physical representation of a weight or measure in which all the components imparting to it the necessary metrological and technical characteristics and qualities as provided in the Act and the rules made there under are SUitably assembled so that subject to prescribed tolerances, every weight or measure produced in accordance with such model may be similar as regards dimensions; constructions, material performance and other metrological and technical characteristics; (d) "Principal Officer" means the officer who is in charge of the laboratory; (2) words and expressions used herein and not defined but defined in the Act; shall have the same meanings respectively assigned to them in the Act.

4a · 7 <57 3HYRY

4 · Recognition of Laboratories: - (1) Every laboratory desirous or obtaining recognition under these rules for carrying out tests for the approval of the model of any weight or measure shall make an application to the Director in the form as may be notified from time to time. (2) Every application referred to in sub-rule (1) shall be made by the Principal officer of the laboratory _ (3) When an application is made under sub-rule (1) for the recognition of a laboratory, the Director shall;, before issuing the certificate of recognition send one or more of his officers to the laboratory and obtain a report whether the laboratory; (a) has the necessary measuring equipment; testing facilities and buildings maintained in a proper conditions; (b) has the necessary qualified staff; component to undertake the tests for recommending the approval of model of the concerned weight or measure; (c) is situated in an appropriate environment; (d) has an adequate recording system; (e) is likely to give expeditious efficient and adequate service; and (f) is ready and willing to get its equipment verified periodically by such other appropriate laboratory, as may be specified by the Director: (g) has the certificate issued by the National Accreditation Board of Laboratories (NABL) in the parameter or field in which model testis proposed to be undertaken: (4) The Director shall, after considering the information supplied to him by his officer, or officers referred in sub-rule (3) and if necessary; after a visit to the laboratory, shall issue to the applicant laboratory a certificate of recognition specifying therein the terms and conditions subject to which the recognition is granted, and the code number which has been assigned to the laboratory: (5) Where no application for the recognition of a laboratory has been made, or where such application having been made has not been disposed of, the Director may if he is satisfied that it is urgently necessary so to do, issue, with the consent of the principal officer in-charge of the laboratory a provlsional certificate of recoqnltlon to a laboratory which; in the opinion of the Director fulfils all the requirements of sub-rule(3) and the provisional certificate so issued shall be valid for one year: (6) The certificate of recognition granted to laboratory may be suspended by the Director in the event of the omission or failure on the part of the laboratory to observe the terms and conditions specified under sub-rule (4): Provided that no such suspension .shall be made except after giving to the laboratory a reasonable opportunity of showlnq cause against the proposed action. (7) Where any certificate of recognition to a laboratory is suspended under sub-rule (6), the order of suspension shall not be vacated unless the omission or failure of compliance of terms and conditions for which such suspension was made has been made good. (8) The Director or his authorised officer may visit the laboratory as and when required and the Principal Officer will permit inspections and render all assistance for the

828 · 21n -s

18 · THE GAZETTE OF INDIA: EXTRAORDINARY [PART II- SE 3(i)] purpose including the production of records with regard to model testing: (9) The Principal Officer shall submit annually to the Director a report in respect of the models tested by them; the fee collected; time taken for each testing and such other relevant particulars. (10) The Principal Officer; while testing the models adopt such procedures as may be prescribed by the Director from time to time. (I1)The certificate of recognition granted to a laboratory may be cancelled by the Director if the circumstances of the laboratory are such that it cannot be reasonably expected to function properly as a recognized laboratory or if there are sufficient reasons to suspect that the laboratory has been guilty of corrupt practices Provided; that no certificateof recognition shall be cancelled except after giving to the concerned laboratory a reasonable opportunity of showing cause against the proposed action:

5 · Application for the approval of models:- (1) An application for the approval of model shall be made to the Director and shall contain: (a) the full name and,address of the applicant or where the model is imported from other countries; the name and address of the manufacturer as well as the dealer in India: (b) a brief description of the weight or measure the class to which it belongs and the probable uses for which the weight or measure is intended to be produced; (c) data regarding metrological and technical characteristics and qualities of the weight or measures; (d) test procedure followed bythe manufacturer; trade name or brand name and type of the weight or measure; and the requisite fees specified in rule 19. 2) Every application shall be accompanied by not less than two copies of, (a) a sketch and section-wise drawings of general arrangements and installation of such weight or measures including therein the details of construction of the weight or measure in such manner as to enable the visualization of the weight or measures in its finished form; and; (b) a document describing the follOWing namely: the principles of construction and the method of operation of the weightor measure; the safety devices provided to prevent any fraudulent or inaccurate operation of the weight or measure; (iii) the manner in which and the extend to which the weight or measure may be adjusted or corrected; (iv) the place where the verification stamp or seal, or both; may be affixed; (v) plans of general arrangements and installations drawings of the weight or measure and; where necessary detailed installation instructions; (Vi) two photographs of the model clearly indicting the mandatory declarations to be

6 · Submission of the models of weight or measure:-(I) Every person; who submits any model of weight or measure or weighing and measuring instrument for approval (hereinafter in this rule referred to as, the applicant) , shall deposit to the credit of the recoqnlzed laboratory, a fee as prescribed in the rule 19 of these rules: (2) All the documents referred to in rule 5 shall be sent by the Director to the recognized laboratory which carries out the tests for the approval of the model; to enable the laboratory to ascertain whether such documents conform to the details of the results of the tests carried out by itfor the approval of that model:' (3) Where the nature of weight or measure is such that due to its voluminous nature it cannot be submitted to the laboratory for testing, the recognized laboratory may under take the testing of such model at such place as it may deem fit: Provided that; where the test is undertaken at any premises other than those of a recognized laboratory, the applicant shall pay for the duration of such test; the traveling and daily allowances of the persons deputed for such tests and such allowances shall be payable at such rates as may be admissible to such persons in accordance with the rules in force in the recognized laboratory. (4) The applicant shall provide such facilities as may be required by the team of persons deputed by the recognized laboratory for the purpose of carrying out the necessary tests for the approval of the model. (5) The installation; tests and removal of the model shall be done at the cost and risk of the applicant: (6) The Central Government and the recognized laboratory shall not be responsible for any lossor damagethat the model may sustain the course of examination and testing: (7) Where any model submitted to a recognized laboratory for approval is not removed by the applicant after the expiry of six months from the date on which a certificate of approval was granted or refused in relation to such model; such model Shall become forfeit to the Central Government, and that Government shall dispose of the model in such manner as it may think fit: (8) 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 reports from the laboratory, issue subject to such conditions as may be specified in the certificate , a provlslonal certificate to enable the manufacturer, to manufacture at his

7 · Tests for the approval 'of model - (1) The tests needed for the assessment of the fitness or otherwise of a model submitted for approval shall be carried out under the normal conditions of use, whether actual or stimulated; or the weight or measure and shall be made with a view to (a) ascertaining whether such model conforms to the standards established, in relation to such model, by or under the Act and the rules or to the recommendations of the International Organization of Legal Metrology (OIML); (b) finding out the ability of such model to maintain accuracy and other metrological characteristics and qualities after it has been put to use for such minimum number of times Or over such minimum period as the Director; may; by general order; specify in relation to the class of weightor measure to which the model pertains; (c) determining the performance of such model under varied conditions of use; (d) determining the metrological and technical characteristics of the model after taking into account the possible incidence of influence factors and their effect on metrological and technical characteristics; (e) determining whether they carry the mandatory declarations required under the Act and the rules; determining whether the place or places of sealing 'on the instrument suggested by the manufacturer is sufficient to prevent their fraudulent use; (g) determining generally, the behavior of the model, that is to say, its robustness; reliability and susceptibility to fraudulent use; (2) Every model shall be tested in accordance with such test procedure as may be laid down by the Director in relation to the class of weight or measure to which such model pertains; Provided that until the test procedure is laid down by the Director in relation to any class of weight or measure; the test of any model pertaining to such class of weight or measure shall be carried out in accordance with such procedure as would; in the opinion of the recognized laboratory, enable it to recommend the grant of certificate of approval in relation to such model:

8 · Procedure for the issue of certificate of approval: (1) After the completion of the tests, the recognized laboratory shall send a report of its findings to the Director with its recommendations whether the model satisfies the requirements of the Act and the rules made there under.

4n · 7 74A

828 · GI/i-6

9 · Procedure where issue of certificate of approval is not recommended: Where the recognized labor.atory does not recommend the issue of a certificate of approval in relation to any model; it shall specify its reasons therefore to the Director who shall communicate such reasons to the applicant with such directions as he may think fit andthereupon the applicant may make a representation to the Director to the effect that the issue of the certificate of approval should have been recommended by the recognized laboratory and on considering such representation, the Director may either rejectit or recommend to the Central Government the issue of certificate of approval:

10 · Re-submission of-disapproved model for approval. (1) Where anv model is not approved, the disapproved model may be re-submitted for approval after carrying out therein such modifications as may be necessary (2) Where any disapproved model is resubmitted for approval, it shall be deemed, for the purpose of levy of fees and tests under these rules; to be a fresh application for the approval of that model:

11 · Contents of a certificate of approval: (1) The certificate of approval shall also contain the following information's namely: (a) the number of the certificate; (b) a brief description of the model; (c) the mark assigned to the approved model; (d) the category of weight or measure; (e) a brief statement of the results of the tests; the special conditions, if any, to be complied with for the manufacture, verification and use of weights or measures conforming to the model; and (g) the place or places where the verification seal or stamp or both may be affixed: (2) The certificate of approval shall become effective on and from the date of its publication in the Official Gazette. (3) Where any weight or measure is intended for a special use, the certificate of approval in relation to such weight or measure shall indicate the special use_ (4) The Director shall cause the necessary model certificate to be published in the official Gazette. (5) the Director may also cause the information referred to in the foregoing sub-rules to be published in the journal, if any, published by the Central government:

12 · Mark of approval: (1) The mark assigned to the model shall contain the national identification letters, namely; IND, the last two digits of the year of the issue (for example, 77) , the code number assigned to the laboratory and the code number assigned to the model: (2) The mark assigned to the approved model shall be clearly and legibly affixed at such place of the model as may be specified in the certificate of approval and also on each weight or measure produced by the maker or manufacturer in accordance with the

4M · II -@ug 3(0]

4a · * TW 314RU

13 · Revocation of certificate of approval: (1) A certificate of approval may be revoked if the Central Government is satisfied that; (a) the model whlcri had been previously approved no lonqer complies with the units specified in the rules made underthe Act; or (b) the model has ceased to. conform to the standards for the time being in force in relation to such model; or (c) defects in regards to reliability; accuracy or performance have generally been noticed in the course of use of the products (weights or measures) manufactured in accordance with such model, or (d) where the manufacturer does not followlnq either wholly or partly, the conditions specified in the certificate of approval: Provided that no such certificate shall be revoked unless the holder of such certificate has been given a reasonable opportunity of showlnq cause against the proposed action: (e) where the manufacture or any other person has significantly altered the approved design of the model or the circuit diagram_ (2) Where the certificate of approval of any model has been revoked; the production of any weight or measure in accordance with such model shall be stopped on and from such date as may be specified in such order of revocation and every weight or measure made or manufactured at any time between the date of revocation and the specified date shall notwithstanding such revocation be subject to verification In accordance with the provisions of the Act and the rules in force on the date of such revocation: Provided that where; on such verification; it is found that the use of any such weight or measure is likely to cause errors; beyond those permitted for such weightor measures; in any weight or measurement carried out with it, the Director may by order; prohibit the sue of such weight or measure:

14 · Suspension of certificate of approval: (1) Acertificate of approval of a model may be suspended by the Director in the event of the omission or failure on the part of ` the holder of such certificate; (i) to make or manufacture weights or measures in accordance with the model to which the certificate relates; or (ii) to conform to the rules or standards in relation to any weight or measure manufactured in accordance with the model; or (iii) to comply with the conditions specified in the certificate of approval: Provided that no such suspensions shall be made except after giving to the holder of

828 · GI)I-T

15 · Revocation and suspension of certificates to be published: Every order of revocation or suspension"of certificate of approval shall be published, as far as may be; in the manner specified in rule 11.

17 · Provisions relating to weight or measure for which model approval is ordinarily not necessary: (1) For the purpose of approval of any model of any weights or measure, required under section 22 of the Act; the officer acquiring such weight or measure shall intimate to the Director the need for the testing of the model of such weight or measure; and, on receipt of such intimation; the Director shall, if heis satisfied that the model of such weight or measure needs testing; call upon the manufacture to produce such model for a test by the recoqnlzed laboratory specified by him: Provided that where there is no model of the weight or measure so acquired it shall be the duty of the manufacturer to furnish, from the manufacturing line, one sample of the class of weight or measure and to produce such sample for test by the recognized laboratory specified by the Director: (2) The recognized laboratory shall, as soon as may be practicable after carrying out the tests referred to in sub-rule (1); make a report to the Director as to the results of such test. (3) If; on perusal, of the results of such test, the Director is satisfied that the model or sample; as the case may be; does not conform to the standards established by or under the Act; he shall call upon the manufacture to remove the deficiencies within such time as may be specified by him; and if the deficiencies are not removed within the time s0 specified, the license of the manufacture; in so far as it relates to the manufacture of the weight or measure, the model or sample of which was tested, shall be liable to be cancelled:

18 · . Provisions relating to testing of substitute materials:

19 · Fees for testing of model of weight or measure - (1) The applicant while making an application under rules, shall deposit fees for testing cost of the laboratory in the following manner: () rupees five thousand in the form of a demanddraft drawn in favour of the laboratory for the testing of mechanical type model of weights or measures or weighing and measuring instruments; (ii) rupees ten thousand in the form of a demand draft drawn in favour of the laboratory for the testing of digital or electronic type model of weights or measures or weighing and measuring instruments. intended to be manufactured for sale, purchase, distribution or delivery in the course of any trade or commerce.

20 · Licence to manufacture weight or measure when to be issued - (1) Before issuing a licence to manufacturing or importing any weight or measure, the State Government shall satisfy itself that a certificate of approval of the model of such weight or measure has been granted by the Central Government under section 22 of the Act. (2) When any certificate of any approval of model has been revoked by the Central Governmentthe licence issued by the State Governmentfor manufacturing or importing any weight or measure in accordance with such model shall stand suspended: Provided that such suspension shall be vacated if such model is subsequently approved by the Central Government:

21 · Repeal and savings:- (1) The Standards of Weights and Measures (Approval of Models) Rules; 1987 (herein under referred to as the said rules) are hereby repealed. Provided that such repeal shall not affect: (a) the previous operations of the said rules or anything done or omitted to be done or suffered therein; Or (b) any right; privilege, obligation or liability acquired, accrued or incurred under the said rules; or