Notification, the 24th May 2000

                                                                             Government of India
                                                  Ministry of Consumer Affairs and Public Distribution
                                                                 Department of Consumer Affairs
                                                                                   New Delhi
                                                                             Dated the 24.5. 2000
                                                                                  Notification

GSR --492 (E ).- In exercise of the powers conferred by section 83 of the Standards of Weights and Measures Act, 1976 (60 of 1976), the Central Government hereby makes the following rules further to amend the Standards of Weights and Measures (Approval of Models) Rules, 1987, namely:-

1. (1) These rules may be called the Standards of Weights and Measures (Approval of Models) Amendment Rules, 2000.

(2) They shall come into force on the date of their publication in the Official Gazette.

1. In the Standards of Weights and Measures (Approval of Models) Rules, 1987,-

(1) in rule 2,-

(i) in clause (c) after the words 'technical characteristics and qualities', the words 'as defined in the Act and the Rules made there under shall be inserted.;

(ii) after the clause (d), the following clause shall be inserted, namely:-

'(e) 'Principal Officer' means the officer who is in charge of the laboratory.'

(2) in rule 3, for sub-rule (1), the following sub-rule shall be substituted, namely:-

'(1) The list of recognized laboratories shall be notified from time to time.'

2. In rule 4,-

(i) for sub-rule (1), the following sub-rule shall be substituted, namely:-

'(1) Every laboratory desirous of 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 shall be notified from time to time.'

(ii) in sub-rule (3), after clause (f), the following clause shall be inserted, namely:

'(g) Whether they have the certificate issued by the National Accreditation Board of Laboratories (NABL) in the parameter/field in which model test is proposed to be undertaken.';

(iii) for sub-rule (8) the following sub-rules shall be substituted, namely:-

(8) The Director or his authorized officer may visit the laboratory as and when required and the Principal Officer will permit inspections and render all assistance for the 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.

(11)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 certificate of recognition shall be cancelled except after giving to the concerned laboratory a reasonable opportunity of showing cause against the proposed action.'

4. in rule 5,

(i) in sub-rule (1),-

(a) for clause (a), the following clause shall be substituted, namely:-

'(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) for clause (e), the following clause shall be substituted, namely:-

'(e) trade name or brand name and type of the weight or measure.'

(ii) in sub-rule (2),-

(a) for sub-clause (vi) of clause (b), the following sub-clause shall be substituted, namely.-

'(vi) two photographs of the model clearly indicting the mandatory declarations to be included as a part of the certificate of approval of the model.'

(b) for sub-clause (vii),the following sub-clauses shall be substituted, namely:-

'(vii) actual circuit diagram (for digital type).

(viii) place/places on the instrument where the verification stamp or seal or both have to be applied to prevent fraudulent practices.

(ix)copies of the user’s manual, printed pamphlets and other literatures.'

(x) any other information which the applicant may consider to be useful for assessing the performance, and facilitating the approval of the model.'

5. in rule 6,

(i) for sub-rule (1), the following shall be substituted, namely.-

' (1) Every person, who submits any model of weight or measure for approval (hereinafter in this rule referred to as, the applicant), shall deposit to the credit of the recognized laboratory, a fee determined at the rate specified by the Director from time to time, subject to the maximum prescribed under the Act;

(1A) 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 it for the approval of that model.'

(ii) sub-rule (2), (3) and (4) shall be omitted.

(iii) for sub-rule (5), the following sub-rule shall be substituted, namely:-

'(5)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.'

(iv) for sub-rule (10), the following sub-rule shall be substituted, namely:-

'(10) 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 provisional certificate to enable the manufacturer, to manufacture at his own risk the weight or measure in relation to which the model has been submitted for approval:

Provided that manufacture, distribution or sale of such instrument shall be discontinued immediately when the provisional model approval certificate has been withdrawn by the Director.

Provided further that in case the tested model does not meet the requirements of the model approval test, all instruments covered by the provisional certificate and sold in the market shall be withdrawn with immediate effect at the manufacturer’s cost.'

6. In rule 7,-

(i) in sub-rule (1),-

(a) in clause (a) after the words 'under the Act', the words 'and the Rules or to the recommendations of the International Organization of Legal Metrology (OIML)' shall be inserted.

(b) for clause (e), the following clauses shall be substituted, namely.-

'(e) determining whether they carry the mandatory declarations required under the Act and the Rules;

(f)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 an susceptibility to fraudulent use:'.

7. In rule 8, after sub-rule (2), the following sub-rule shall be inserted, namely:-

'(2A) The Director may require the recognized laboratory to send to him the detailed test procedure adopted by that laboratory in approving the concerned model.'

8. In rule 11,

(i) in sub-rule (1), after clause (f), the following clause shall be inserted, namely.-

' (g) the place or places where the verification seal or stamp or both may be affixed.';

(ii) after sub-rule (3), the following sub-rules shall be inserted, namely:

'(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.'

9. Rule 13 shall be omitted.

10. In rule 14, after clause (d) the following clause shall be inserted, namely:-

'(e) where the manufacture or any other person has significantly altered the approved design of the model or the circuit diagram.'.

11. In rule 15, for sub-rule (3) the following sub-rule shall be substituted, namely.-

'(3) Where the certificate of approval has been suspended under sub-rule (1), an inventory of the existing stock shall be made by the Controller of Legal Metrology of the Concerned State. He will also ensure that no further sale will be made unless the suspension of the certificate of approval is revoked by the Director.'

12. In rule 16, for the words and figure 'rule 13' the words and figure 'rule 11' shall be substituted.

13. In rule 17, sub-rule (1) shall be omitted.

14. Rule 18 shall be omitted.

15. In rule 20, for sub-rule (4) the following sub-rule shall be substituted, namely.-

' Fees for testing the substitute material shall be payable by the manufacturer at such rates as may be specified by the Director from time to time.'

16. The First Schedule, Second Schedule and Third Schedule shall be omitted.

                                                                                                                                                                              (S. Nautiyal)

                                                                                                                    Additional Secretary to the Government of India

                                                                                                                                                                    File No WM 9(7)/99

Note: The principle rules were notified vide GSR No 1003 (E) dated the 22nd December 1987 and subsequently amended vide GSR No 71(E) dated 16^th February 1995.