Standards of Weights and Measures Act, 1976
36. Approval of models. -
(1) Save as otherwise provided in this section, this chapter shall not apply to-
(a) Any weight or measure which being subject to verification and stamping under the State law as in force immediately before the commencement of this Act, is in use at such commencement;
(b) Any cast iron, brass, bullion, or carat weight or any beam-scale, except those specified by rules made in this behalf;
(c) Length measures (not being measuring tapes) ordinarily used in retail trade for measuring textiles or timber;
(d) Capacity measures, not exceeding twenty liters in capacity, which are ordinarily used in retail trade for measuring kerosene, milk or potable liquors;
(e) Any weighing or measuring instrument or device which is made or manufactured exclusively for domestic use:
Provided that such instrument or device is not intended for the use of any member of the medical profession in the course of such profession.
(2) Where any officer of the Central or State Government charged with the duty of implementing the law relating to weights and measures has any reason to believe that the model of any weight or measure referred to in sub-section (1) requires a test by the prescribed authority, he may acquire one such weight or measure from the market and forward it to the prescribed authority for test, the fees for which shall be payable by the Government employing the officer by whom such weight or measure has been forwarded for test.
(3) Every person shall, before making or manufacturing any weight or measure to which this Part applies, submit for approval of the prescribed authority, such number of models, drawings and other information relating to such weight or measure as may be prescribed:
Provided that in relation to any weight or measure, to which this Part applies, which has already been made or manufactured, or which is in the process of being made or manufactured, at the commencement of this Part, models of such weight or measure shall be submitted to the prescribed authority from out of the weights or measures which have already been or which are in the process of being, made or manufactured:
Provided further that in the case of a weight or measure the model whereof cannot be submitted, whether by reason of its nature or otherwise, it shall be sufficient if the drawings and other prescribed information about the weight or measure is submitted to the prescribed authority and thereupon that authority shall test the models of such weight or measure at the place where it is made or manufactured or at such other place as may be specified by the Director:
Provided also that the prescribed authority may, if it is satisfied that the model of any weight or measure which has been approved in a country outside India conforms to the standards established by or under this Act, approve such model without any test or after such test as it may deem fit.
(4) The prescribed authority shall levy and collect such fees for the testing of any model, submitted under this section for approval, as may be prescribed.
(5) The prescribed authority shall test the models submitted to it with a view to-
(a) Ascertaining whether such models conform to the standards established by or under this Act;
(b) Finding out the ability of such models to maintain accuracy over periods of sustained use; and
(c) Determining the performance of such models under such varied conditions as may be prescribed.
(6) The prescribed authority shall submit to the Central Government a detailed report on the performance of the model submitted to it together with its recommendations with regard to the desirability or otherwise of issuing a certificate of approval in respect of that model.
(7) The Central Government may, if it is satisfied after considering the report submitted to it by the prescribed authority that the aforesaid model is in conformity with the provisions of this Act or any rule made thereunder and is likely to maintain accuracy over periods of sustained use and to render accurate service under varied conditions, issue a certificate of approval in respect of that model.
(8) Every certificate of approval of a model shall be published in the Official Gazette and shall also be published in such other manner as the Central Government may think fit.
(9) The Central Government may, if it is satisfied that, the product made or manufactured in accordance with the model which was approved by it has failed to render the expected performance or to conform to the standards established by or under this Act, revoke the certificate of approval issued by it under sub-section (7):
Provided that no such revocation shall be made except after giving the manufacturer of such weight or measure a reasonable opportunity of being heard:
Provided further that where the Central Government is satisfied that as a result of the alteration made by the manufacturer in the model of the weight or measure, such model has become fit for approval, it may vacate the order of revocation of the certificate of approval issued by it.
(10) If for any reason any material of the approved model of a weight or measure to which this Part applies becomes non-available in India, the manufacturer may continue the manufacture of such weight or measure with such substitute materials as may be, in his opinion, most suitable for the manufacture of such weight or measure but where the manufacturer does so, he shall send such substitute materials to the prescribed authority for test.
(11) If the prescribed authority is of opinion that the substitute material referred to in sub-section (10) is not suitable and that there is available in India any other material which is more suitable, that authority shall intimate its findings to the Central Government and also to the manufacturer, and thereupon the manufacturer shall not manufacture the weight or measure with any material other than the material recommended by the prescribed authority until the material which was originally approved by the prescribed authority becomes available in India:
Provided that where, in the opinion of the Prescribed authority, the substitute material referred to in sub-section (10) is not suitable and no other suitable material is also available in India, the approval in relation to the model shall stand suspended until a suitable material becomes available in India.
(12) Where the model of any weight or measure to which this Part applies has been approved, the models of different denominations of such weight or measure shall not require any approval if such denominations are manufactured in accordance with the same principles according to which, and the same materials with which, the approved model has been manufactured.