Notification, 2013

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

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EXTRAORDINARY

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..........2014 (1cfi ~ 14 THE GAZETTEOF lNDIA : EXTRAORDlNARY .[PART II---SIT. 3(i)]

MINISTRY OF CONSUMER AFFAIRS, FOOD AND PUBLIC DISTRIBUTION

(Department of Consumer Affairs)

NOTIFICATION

New Delhi, the 5th September, 2013

GS.R.593(E).-In exercise of the powers conferred by sub-secnonn) read with clauses-(nj, (0) and (p) of sub-section (2) of section 52 of the Legal Metrology Act, 2009 (1 of 2010) , the Central Government hereby makes the following rules, namely:-

CHAPTER-I

PREUMINARY

1. Short title and commencement.- (1) These rules may be called The Legal Metrology (Government Approved Test Centre) Rules, 2013.

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

2. Definitions.-(l) In these rules, unless the context otherwise requires.-

(a) "Acr' means the Legal Metrology Act, 2009 (1 of 2010);

(b) "Government Approved Test Centre" means a person who has been approved by the Central Government to undertake verification of weight or measure specified in these rules.

(c) "Principal Officer" means the officer who is In-charge of Govemment Approved Test Centre;

(d) "Schedule" means a Schedule appended to these rules.

(2) Words and expressions used herein and not defined in these rules but defined in the Act shall have the same meanings respectively assigned to them in that Act.

CHAPTER-II

Verification of Weights and Measures in Government Approved Test Centre

3. Verification by Government Approved Test Centre:- (1) The weights and measures specified in the First Schedule shall be verified by Government Approved Test Centre. (2). Any person can apply for one or more kinds of weights and measures for verification.

['1J7T 11-~ 3(i)] 15

CHAPTER-III

Approval of Government Approved Test Centre

4. General provisions relating to Government Approved Test Centre.-(l) The list of recognized Government Approved Test Centres shall be notified from time to time.

(2) A Government Approved Test Centre recognized under these rules shall carry out verification of weights or measures as specified in these rules and according to the specifications given in the Legal Metrology (General) Rules, 2011 and on the recommendations of International Organization of Legal Metrology, as the case may be, as advised by Director, Legal Metrology from time to time.

(3) Government Approved Test Centre shall maintain Standard Weights or Measuresas : specified in the Legal Metrology (General) Rules, 2011 and other instruments and equipments as advised by the Director, Legal Metrology.

5. Recognition of Government Approved Test Centre.- (1) Any person desirous of obtaining recognition under these rules for carrying out verification of weights or measures specified in these rules, shall make an application to the Director, Legal Metrology in the form as specified in the second Schedule.

(2) The application shall be made only by the Principalofficer of the said laboratory.

(3) While making recommendation for approval of a Government Approved Test Centre, the Director, Legal Metrology shall consider the following:-

(a) availability and accessibility of land and building;

(b) adequacy of measuring equipments, testing facilities and other infrastructure;

(c) availability of technically qualified man power;

(d) capacity for efficient and timely service to customers;

(e) willingness to get equipment periodically verified by secondary standard laboratory or any other agency determinable by Director, Legal Metrology;

(f) willing to train Its employees in institutions nominated by Director legal Metrology;

(g) any other factor, which in the opinion of Director, Legal Metrology will affect proper functioning of Government Approved Test Centre;

(h) conditions to set up;

(I) Qualifications.- The qualification of the principal officer or any of the employee of the Government Approved Test Centre shall be equivalent to the qualification as specified in the Legal Metrology (General Rules), 2011 for a Legal Metrology Officer;

(j) Experience.-The prlndpal officer or any of the employees of the Government Approved Test Centre shall have working experience of at least three years in the field of legal metrology.

16 THE GAZErrE OF INDIA; EXTRAORDINARY [PARTlJ-SEC. 3(i)1

(4) The Joint Secretary, Department of Consumer Affairs shall be the Competent Authority to approve the Government Approved Test Centre who shall give such approval on the recommendation of Director.

(5) The competent authority shall grant approval under sub-rule (4), for one year and thereafter the same shall be renewed for a period not exceedingfive years at a time.

(6) The Director of Legal Metrology will issue a specific code number to each GovernmentApproved Test Centre for easy identification and records.

(7) In case of non-fulfilling of eligibility conditions the Director of Legal Metrology shall reject the application and senda written communication to the applicant.

(8) Any person aggrieved by orders under sub-rule (7) may appeal to secretaryof the Department of ConsumerAffairs whose decisionthereon shall be final.

(9) Certificate of approval granted to any Government'Approved Test Centre may be suspendedby Director of LegalMetrology in caseof Government ApprovedTest Centre fails to comply with any terms and conditions specified in these rules: Provided that no such suspension shall be made except after giving to the Government Approved Test Centre an opportunity of showing cause against the proposedaction:

Provided further that the suspension shall be revoked on compliance of such terms and conditions.

(10) The Director or his authorised officer may visit the Government Approved Test Centre as and when required and the Principal Officer shall permit inspections and render all assistancefor the purpose including the production of records with regard to verification of weights and measures.

(11) The Principal Officer shall submit a quarterly report to the Director in respect of the weights and measures verified by them, the fee collected, time taken for each testing and such other relevant information, as required.

(12) The Principal Officer, while verifying the weights and measures shall adopt the procedure laid down in the LegalMetrology (General) Rules,201l.

(13) The certificate of approval granted may be cancelled by the Director if the circumstancesare such that it cannot be reasonablyexpected to function properly as a Provided that no certificate of recognition shall be cancelled except after giving. an opportunity of being heard.

(14) Where the certificate of approval has been granted under sub-rule (4) or suspended under sub-rule (9) or cancelled under sub-rule (13), the Director of Legal Metrology shall ensure that the Information of such action has been given to the concernedController of LegalMetrology of the state immediately.

(15) The competent authority may require Government Approved Test Centre to take out third party liability insurance sufficient to caver any claim for damage due to any lapses or violation of government instructions by such Government Approved Test Centre. I .'

(16) All the Regional ReferenceStandard Laboratoriesworking under the administrative control of the Department of Consumer Affairs f1Jnction as deemed Government Approved Test Centre on the date of publication of these rules in the Official Gazette : and the provisions of these rules shall apply to such Regional Reference Standard Laboratoryas if they were GovernmentApprovedTest Centre.

CHAPTERIV

Certificate of GovernmentApprovedTest Centre

6. Duties of the PrincipalOfficer.- The principal officer of the test centre has the following responSibilities,namely.- (I) to establish and operate the test centre as an independent unit;

(ii) to ensure that the staff of the test centre carry out their duties independently;

(iii) to inform the Director, Legal Metrology in the Department of ConsumerAffairs of cessationof operation of test centre;

(w) to maintain the accuracy of testing equipment as per rules and directions issued from time to time;

(v) to maintain proper record of testing and c~'!rtificatesissued by Government ApprovedTest Centre;

(vi) to record and redress grievancesof customers in appropriate manner;

(vii) to abide by the directions issued by Director (LegalMetrology) from time to time,

(viii) only weights or measuresconforming to speaficatlon are stamped;

(ix) verification stamps are adequately protected against fraudulent use;

(x) the weights and measure receivedfor verification and stamping should be returned by Government ApprovedTest Centreafter due verification within fifteen days.

7. Fee for verification or re-verification.- (1) The fee payable to test centre for verification or re-verification of weights or measuresshall be the same as specified in the Legal Metrology (Enforcement) Rules of that State where Government Approved Test Centre is situated.

(2) Any weight or measure rejected on verification shall be returned to the user for THE GAZETTEOF INDIA: EXTRAORDINARY necessaryrepair and after repair the weight or measuremay be accepted for verification on payment of verification fee afresh.

B. Mark of verification.- (1) The Government Approved Test Centre after carrying out metrological evaluation of weight or measure and on being satisfied that the same conforms to specification laid down under the Act and rules made thereunder shall stamp the same and also issue a certificate of verification.

(2) The verification mark shall contain the following particulars; namely:-

(i) the legend "IND" and the code number assigned to the test centre in theupper half of semi cirde;

(ii) COdeletter for the quarter of the year and two digits for the year in thelower half of semi circle. .

(3) A certificate of verification shall also be issued by the test centre as a proof ofverification.

9. Inspection of records.- Every Government Approved Test Centre shall keep and retain records for five calendar years of evaluation of weight or measure carried out by them. These records shall be produced by the test centre before the Director (Legal Metrology) or any officer authorized by him, as and when directed.

10. Place of verification.- The test Centre shall undertake verification of weights or measures either In its authorized premises or within the limit of the district where the Government Approved Test Centre operates.

11. SuperviSion of Government Approved Test Centre.- The Director or any other authorized legal metrology officer may visit the test centre from time to time to examine whether the Government Approved Test Centres are run as per laid down procedures and instructions issued by the Government.

12. Liability.- The PrinCipalOfficer responsible for the test centre shall be liable to the Government for any loss, damage, Legalclaims.

13. Contents of Government Approved Test Centre certificate - (1) Every certificate of approval issued by Government shall contain the following information-

(a) the number of the certificate;

(b) name of weight and measure for which Government Approved Test Centre has been approved.

(c) the mark or code assigned to the Government Approved Test Centre;

(d) a brief statement about Government Approved Test Centre;

(e) the special conditions, if any;

(f) period for which Government Approved Test Centre approved;

(g) range for verification of weight or measure;

(h) contact number for consumer redressal.

(2) Where any weight or measure is intended for a spedal use, the certificate of approval in relation to such weight or measure shall indicate the special use. I

(3) The Director shall cause the necessaryGovernment ApprovedTest Centre certificate to be published in the official Gazette.

(4) 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.

14. Mark to Government Approved Test Centre.- The mark assigned to the Government Approved Test Certre shall contain the national identification letters, namely, IND, the last two digits of the year of the issue (for example, 11), the code number assigned to the Government Approved Test Centre.

15. Revocation of certificate of Government Approved Test Centre. - A certifICate of Government Approved Test Centre may be revoked if the Central Government is satisfied on the recommendation of the Director, Legal Metrology that the Government Approved Test Centre approved, no longer complies with·the provisions specified in the rules made under the Act, or specifically violates the directions given by Director Legal Metrology from time to time:

Provided that no such certificate shall be revoked unless the holder of such certificate has been given an opportunity of showing cause against the proposed action.

(2) Where the certificate of Government Approved Test Centre has been revoked, the verification work shall be stopped by that Government Approved Test Centre immediately:

Provided that where, on such inspection, it is found that the verification of any such weight or measure is conducted, the Director may by order, prohibit the use of such weight or measure and initiate other appropriate penal action.

(3) Every order of revocation or suspension of certificate of approval shall be duly notified.

16. Suspensionof certificate of Government ApprovedTest Centre. - (1) A certificate of Government Approved Test Centre for verification of specified weights and measures 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 verify the weights or measures in accordanceto which the certificate relates, or

(ii) verification not conforming to the rules or standards specified in the Act and rules THE GAZETTE OF INOlA: EXTRAORDINARY [PARTH--SEC. 3(i)] made their under, or

(iii) not complying with the conditions specified in the certificate: Providedthat no such suspensionshall be made except after giving to the holder of the certificate an opportunity of showing causeagainst the proposed action.

(2) Where any certificate has been suspended under sub-rule (1), the order of suspension shall not be vacated unless the omission or failure for which such suspensionwas made, has been complied and the sum for compounding the offence has been deposited to the Government in the same form as prescribed for applying the GovernmentApprovedTest Centre.

17. Renewalof Certificate: The approval granted to Government Approved Test Centre may be renewed for a period not exceeding five years at a time subsequently by the Director (Legal Metrology) subject to the satisfactorily functioning of the centre.

18. Feesfor applying for Government Approved Test Centre of weights or measuresto be deposited.- (1) A fee of rupees ten thousand for applying Government Approved Test Centre shall be deposited in the form of demand draft and the same will be paid at the time of renewal.

(2) The same amount of fee shall also be deposited by the applicant at the time of addition of one or more weight or measure for verification in the certificate of

19. Expenditure on assessment or re-assessment or inspection of Government Approved Test Centre during the calendar year.- All the expenses including transportation and accommodation, as per the entitlement of the officer(s) and in providing the facility and co-operation for the assessment or re-assessment or compulsory yearly inspection of Government Approved Test Centre shall be borne by the applicant. .

20. Compounding the offences.- Where it is found that any Government ApprovedTest Centre has contravenes the provisions specified In sub-section (1) of section 48 may be compounded by a sum of rupees fifty thousand for the first offence and by a sum of rupeesseventy five thousand for every subsequentcontravention. MANOJ PARIDA, Jt. Secy.

First Schedule (Seesub rule (1) of rule 3) Weights and Measureswhich shall be verified by Government ApprovedTest Centre: 1.Water meter

2. Sphygmomanometer

4. Automatic RailWeighbridges

5. Tape Measures

6. Non-automatic weighing instrument of AccuracyClass-lUI! Class-III (upto 150kg) [~ II-~ 3(i)] 21

7. Loadcell

9. Counter Machine 10.Weights of all categories second Schedule (Seesub-rule (1) of rule 5) Application for Approval of GovernmentApprovedTest Centre

(1) Full nameand complete addressof the person/ applicant;

(2) Name of the weight or measure for which Government Approved Test Centre has been applied;

: (3) The detail and complete function of the applicant;

(4) NABLor Director, Legal Metrologycertificate or certificate provided by any other Institutions specified In the rules;

(5) Experiencedetail in the relevant field of the applicant;

(6) No. of personsemployed and th.eirparticulars;

(7) Total area of the organization including the detail of Government Approved Test Centre proposed.

(8) Qualification of PrincipalOfficer and his deputy --------;

(9) Detail of the standards availablewith the Institutions and other testing Facilities;

(10) Are the officers of the applicant hasacquired the training in respectof quality management system (ISO/IEC 17025) and measurementof uncertainty from any recognizedlabOratoryIn India and abroad;

(11) Copyof the Quality managementsystem of the laboratory, if available;

(12) Experiencein the field for testing of the weights or measure;

(13) Any other information which the applicant may consider to be useful for assessingthe performanceof the applicant;

(14) Details of the DemandDraft .

(15) Jurisdiction / area for which application is made .

(16) Undertaking that person or applicant will abide by the provisionsof the Legal Metrology Act, 2009 and the rules made there under.

(17) Consumercomplaint number.

NOTE: Every application shall be in triplicate accompanied by complete documents and terms and conditions. A fee of Rs.10,OOO/- will be paid in the form of Demand Draft in favour of "Pay and Accounts Officer, Department of ConsumerAffairs" payable at New Delhi at the time of applying for Government ApprovedTest Centre.

THE GAZETfE Of INDIA: EXTRAORDINARY [PART 1I-·-SEc. 3(i)] Third Schedule' [see rule 8] Certificate of verification Government Approved Test Centre (Name and Address) : .

No .

Nameof the Officer .

I hereby certify that I have this day verified and stamped I rejected the under mentioned weights, measurers, etc.

Belonging to Locality ', ..

I Quantity Denomination Weighing instruments Measuring Verification Carriage.

Weights Measures Capacity Class Manufactun:r Type instruments Fee conveyance I adjusting I L_ Total Rs deposited vide Money receipt .No.. , dated .

Next verification due on ..

............................ (Signature) Note:- In the case of rejected Weights, measures, etc. the principal officer shall give separate Certificate of rejection mentioning the reasonsof rejection against each item. i ~ II··-·-~ 3(0] I Fourth Schedule [See rule 14] Certificate of Government Approved Test Centre

GOVERNMENTOF INDIA

MINISTRY OF CONSUMERAFFAIRS,FOODAND PUBUC DISTRIBUTION

DEPARTMENTOF-CONSUMERAFFAIRS

LEGALMETROLOGYDIVISION

CERTIFICATEOF APPROVALOF GOVERNMENTAPPROVEDTEST CENTRE

[Under Section 24 of the Legal Metrology Act, 2009]

No. WM- ....(1)/2013 Dated New Delhi- 2013 .................................. , , " . (name and address of Government Approved Test Centre) has been approved as Government Approved Test Centre for (name of place! district) for the verification of following weights and measures with their ranges:

(i) .

(ii) ..

(III) .

Certificate No: GOII GOVERNMENTAPPROVEDTEST CENTRE/..·... (two digits of the State Code)/20131 .....

Valid up to: 2014 Director of Legal Metrology Copy to: The Controller of Legal Metrology, Govt. of for kind information. Note: In case of consumer complaint please contact If Printed by the Manager. Government of India Press. Ring Road. May3puri, New Oclhi-II0064 and Published b~ the Controller of Publications, Delhi-It 0054.

Provisions this notification answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Legal Metrology Act, 2009