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Shambhavi Suyesha
| Updated: 14 Apr, 2022 | Category: Legal Metrology

Model Approval for Imported Weights and Measures Instruments

Model Approval for imported weights and measures instruments

Any person who is seeking to import any weight and measures shall obtain the model approval for imported weights and measures instruments. The Legal Metrology (Model Approval) Rules 2011 are framed under the ambit of the Legal Metrology Act 2009, by the Indian Government for such model approval. 

The model approval for imported weights and measures 

The model approval for imported weights and measures instruments should be done before the commencement of sale or distribution in the market. An application for model approval needs to be filled with documents and details of the model. Upon approval, a unique code is assigned to the instruments, which is affixed on the label of such instruments at the time of they are sold. The model approval can be suspended by the authority in case of failure to comply with the rules and standards set by the legal metrology department in the Act or rules made thereunder. The Director of the legal metrology department shall cause the model certificate to be published in the Official Gazette, and the certificate of model approval will be effective from the date of such publication. 

Section 22 of the Legal Metrology Act

Model approval for imported weights and measures Instruments is issued by the Legal Metrology department as per the Section 22 of the Legal Metrology Act 2009[1] to importers of weights and measures instruments. 

According to this section, every importer importing weights and measures must obtain a model approval for imported weights and measures instruments. Under proviso of this section states that approval cannot be required for some products such as cast iron, brass, bullion, carat weight, beam scale, length measures (not measuring tapes) which are basically used in retail trade for measuring textile and timber, capacity measures (not exceeding twenty litres) used in retail trade for measuring kerosene, milk or potable liquors. The section has given a further exception (proviso) that the prescribed authority may, after satisfying that the model of any weight and measure has been approved in a foreign country conforms to standards given under Legal Metrology Act or rules, approve such models without any test or after the test as if deems fit. 

Legal Metrology (Model Approval) Rules 2011

The issuance of model approval for imported weights and measures instruments by the Central Government is governed by the Legal Metrology (Model Approval) Rules. It regulates uniform and standard use of instruments in the market and thereby avoids faulty and unauthorised instruments. The testing of each model instrument in government-approved laboratories has been mandatorily required by this Rule. 

Documents for Model approval for imported weights and measures

Documents required for Model approval for Imported Weights and Measures instruments:

  • Certificate of incorporation/ Certificate of Partnership deed, in case of partnership firm
  • Memorandum of Association
  • Other business licenses related to the business
  • Schematic diagram of the model (weights and measures)
  • Two passport-sized photographs 
  • A declaration that no change had been made to the product before it was put on sale in India

The procedure of Model Approval for imported Instruments

The process of model approval for imported weights and measures instruments includes the following steps:

  • Filing of application form
  • Submission of duly filled form along with all the requisite documents
  • Initial inspection/assessment by the legal metrology department
  • If the department is satisfied that no error exists in the application form, then it will grant the model approval certificate. 

In the case of model approval for imported weights and measures instruments of the product, testing is not required.  

If the model submitted for approval is not up to the mark, it is resubmitted for approval after making required modifications, and it should be treated as a fresh application for approval of the model. 

The application for model approval for imported weights and measures instruments shall contain the following requisite:

  • the name and address of the applicant, 
  • name and address of manufacturer and dealer in India,
  • a brief description, class and use of weights and measures
  • data regarding metrology and technical characteristics of weights and measures
  • trade or brand name and type of weights and measures.
  • Government required fee

Contents of Model Approval 

The contents of the certificate of model approval for imported weights and measures instruments shall contain:

  • Number of the model approval certificate
  • Brief description of the model 
  • Mark assigned to the model after approval
  • The category of approved weights or measures
  • Other requirements as per the Legal Metrology (Model Approval) Rules 2011

If the model approval is issued for any special use of weights or measures, then the certificate of such weights or measures should mention the special use. 

Mark of Approval

The mark assigned to the weights and measures after approval should contain the following:

  • National identification number
  • The last two digits of the year in which it was issued
  • Code number of the model

Such marks should be affixed at the specified place of the model as mentioned in the certificate, and if the mark cannot be affixed, then it will be associated with it as per the conditions stated in the certificate. If the model approval for imported weights and measures instruments is of limited character, then the mark shall be accompanied by a special mark stating limitations of approval, and there should be different special marks for each limitation. 

Revocation and Suspension of Certificate of Approval

The Central Government may revoke the certificate of model approval for weights and measures instruments in the following cases:

  • If it no longer complies with the unit specified under the Rules
  • It has ceased to conform to standards for the time being in force
  • Defects in reliability, accuracy and performance of the weights or measures
  • When the approved design has been altered

Before such revocation, the holder of such certificate should be given an opportunity to show cause against the proposed action. Once the revocation is done, the production of such instruments shall be stopped. 

The Director of the Department of Legal Metrology may suspend the certificate of model approval for imported weights and measures Instruments in case of any omission or failure on the part of the holder of such certificate. The suspension will not be done without giving such a holder an opportunity to show cause.  

The revocation and suspension of the certificate of the model shall be published in Official Gazette. 

Conclusion

The Model Approval for imported weights and measures instruments is granted by the Department of Legal Metrology as per section 22 of the Legal Metrology Act, 2009. Such Model Approval is guided by the Legal Metrology (Model Approval) Rules, 2011, and it has rules related to the procedure, revocation and suspension to obtain such model approval. The Model Approval shall be notified in the Official Gazette by the Director. The model approval shall be accompanied by a certificate. The holder should mention the contents of such model approval on the approved instruments. Model Approval for Imported Weights and Measures Instruments The Model Approval for imported weights and measures instruments is granted by the Department of Legal Metrology as per section 22 of the Legal Metrology Act, 2009. Such Model Approval is guided by the Legal Metrology (Model Approval) Rules, 2011, and it has rules related to the procedure, revocation and suspension to obtain such model approval. The Model Approval shall be notified in the Official Gazette by the Director. The model approval shall be accompanied by a certificate. The holder should mention the contents of such model approval on the approved instruments.

Read our Article:Dealer License under Legal Metrology Act

Shambhavi Suyesha

Shambhavi holds a strong legal background, having completed her BA LLB and LLM. She is particularly interested in legal research and writing, and wishes to utilise her knowledge to create informative legal content. She is an analytical researcher and keeps herself updated about the current legal affairs. She also holds prior experience in publishing articles on assorted legal areas.

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