An Overview of Model Approval Certificate for Weights and Measures

Legal Metrology is the part of the Department of Consumer Affairs which came into effect in 2009 and dealt with the monitoring & regulation of import, manufacturing business of weighing and measuring instruments. Registration of a company as an importer, manufacturer or packer of weighing & measuring devices and instruments must be done under Legal Metrology. Thus, any individual who wants to manufacture or import any weights and measures shall obtain the Model Approval Certificate for weights and measures instruments. For such approval, The Government of India announced the Legal Metrology (Model Approval) Rules, 2011.

Model Approval Certificate for Weights and Measures Instruments in India

Model Approval Certificate for Weights and Measures under the Act means that all the weighing and measuring instruments will go for test and regulation as per the provisions of the Legal Metrology and Rules. Testing is compulsory for model approval for weights & measures in India. As mentioned in Section 22 of the Act, every weight & measures instrument must fulfil the standards set by the Department of Legal Metrology. The authority of model approval for weights and measures instruments set by the Department of Legal Metrology is governed by the Indian Government under the ambit of the MCA (Ministry of Consumer Affairs). Before manufacturing or importing weights & measures instruments in India, the manufacturer or importer must obtain Model Approval Certificate.

Section 22 of the Legal Metrology Act, 2009 – An Overview

Every individual, before importing or manufacturing any weight or measure, shall seek for the Model Approval Certificate for Weights and Measures in such manner, on payment of such fee & from such authority as may be prescribed. Provided that such Model Approval may not be required in respect of any brass, cast iron, carat weight, bullion, or any beam scale, length measures (not being measuring tapes) which are generally used in retail trade for measuring textiles/timber, capacity measures, not exceeding 20 litres in capacity, which are generally used in retail trade for measuring milk, kerosene, or portable liquors.

Provided further that the specified authority may if he or she is satisfied that the model of any weight/measure which has been approved in a nation outside India conforms to the standards established by/under this Act, approve such model without any test or after such test as he or she may consider fit.

Documents Required for Model Approval Certificate for Weights and Measures

Following are some vital documents and information required at the time of getting Model Approval Certificate for Weights and Measures:

• Provide the full name & address of the applicant or where the model is imported from other countries and the name & address of the manufacturer and the dealer in India;
• A brief description of the weight/measure, the class to which it belongs & the uses for which the weight/measure is aimed to be produced;
• Data of metrological & technical characteristics and qualities of the weight or measures;
• Test procedure followed by the manufacturer;
• Brand name or trade name and type of weight or measure;
• The requisite fees are specified in Rule 19;
• Schematic diagram of the weights or measuring product;

• A document describing the following:

1. The principle of construction and the operation method of the weight or measure.
2. The safety devices are provided to prevent any inaccurate or untrue operation of the weight or measure.
3. The way in which & the extent to which the weight/measure may be corrected or adjusted.
4. The place where the verification seal or stamp, or both, maybe affixed.
5. Plans of general arrangements & installation drawings of the weight or measure and where the detailed installation instructions.
6. 2 photos of the actual circuit diagram (for digital type).
7. Copies of the printed pamphlets, user's manual and other literature.
8. Any other details that the applicant may consider useful for assessing the performance & providing the Model Approval.

• If the weight/measures are provided with additional devices, complete information regarding such additional devices, such as a drawing, and a description regarding the said weight or measure, shall also be given along with the application.

Procedure for Obtaining Model Approval Certificate for Weights and Measures in India

• If the applicant is a Manufacturer: In this case, the product has to go through mandatory testing by the Directorate General of Legal Metrology Department and follow the steps given below:

1. Collect and arrange all the vital documents as mentioned above;
2. Then fill out the application form;
3. Submit the filled application form properly along with the documents and a product sample to the Department of the Legal Metrology;
4. The Department of Legal Metrology would inspect the documents and application;
5. If no errors or faults have been made from your end, you will obtain the Model Approval Certificate.

• If the applicant is an Importer: In this case, product testing is not required:

1. First, you need to arrange all the vital documents properly;
2. Fill out the application form properly with all the required details;
3. Submit the duly-filled application form along with all the documents and prescribed fees and a product sample to the Legal Metrology Department;
4. After that, the Department would conduct an initial inspection of the documents;
5. If no errors have been made from your side, then the Department will issue the Model Approval Certificate.

Key Inclusions of Model Approval Certificate for Weight and Measures

• Certificate Number;
• Brief description of the model;
• The category of weight or measure;
• A Statement of the results of the test;
• The mark assigned to the approved model;
• The place or places where the verification stamp or seal or both may be affixed;
• The special conditions, if any, are to be complied with for the manufacture, use & verification of weights or measures conforming to the model.

Conditions for the Revocation of Model Approval Certificate for Weight and Measures

1. The model which had been approved earlier no longer complies with the units specified in the Rules made under the Act;
2. Defects in accuracy, reliability, or performance have generally been noticed in the course of the use of the products manufactured in accordance with such model;
3. If the manufacturer or any other individual has knowingly altered the approved design of the model or the circuit diagram;
4. The model has ceased to follow the standards for the time being in the force regarding such model;
5. If the manufacturer doesn't follow completely or partly the conditions stated in the approval certificate: provided that no such approval certificate shall be revoked unless the owner of such certificate has been given a reasonable chance to show cause against the proposed action.

When the approval certificate has been revoked, then the production of any weight or measure instruments also stopped on and from such date and every weight or measure manufactured at any time between the revocation date and the specified date shall notwithstanding such revocation, be subject to verification. As per the provisions of the Act and Rules in force on the date of such revocation, provided that, on such verification, it is found that the use of any weights or measures is likely to cause errors beyond these permitted for such weights or measures.

Suspension of Model Approval Certificate for Weights and Measures

• The Director may suspend a certificate of Model Approval Certificate for Weight and Measures in the event of the failure/omission on the part of such certificate:

1. To manufacture weights or measures as per the model to which the certificate relates;
2. To confirm the rules or standards concerning any weight or measure manufactured as per the model;
3. To comply with the conditions prescribed in the Model Approval Certificate. Provide that no such suspensions shall be made except after giving the certificate holder a reasonable opportunity or chance of showing cause against the proposed action.

• If any Approval Certificate has been suspended under sub-rule (1), the suspension order shall not be vacated unless the omission or failure for which such suspension was made has been made good.
• If the Approval Certificate has been suspended under sub-rule (1), an inventory of the current stock shall be made by the Controller of Legal Metrology of the particular state, who will confirm that no further sale shall be made unless the suspension of the Approval Certificate is revoked by the Director.

Corpbiz Assistance in Obtaining Model Approval Certificate for Weights and Measures

• Help with documentation
• Filing the application
• Regular follow-ups with the concerned departments
• End-to-end support