Know about Legal Metrology first
Let us first understand what Legal Metrology is. Legal Metrology is a part of the Department of Consumer Affairs. The Department came into effect in 2009. The LMD is constituted for monitoring as well as regulating the import and manufacturing business of measuring instruments.
Therefore, you can register your Business as an Importer, Manufacturer, Dealer, or Packer of weighing measuring devices under the directives of Legal Metrology. Thus, any individual can manufacture/import weights and measures by obtaining the requisite Model Approval Certificate for the instruments. To get the Model Approval, Government issued the requisite Legal Metrology Model Approval Rules in 2011.
Model Approval Certificate in India
Model Approval Certificate for Weights and Measures is obtained after the weighing and/or measuring instruments will go for tests as per the Legal Metrology Rules and Provisions. Here, the Department of Legal Metrology mandates the testing for Model Approval of measuring instruments in India.
As per Section 22 of the Legal Metrology Act, every measuring instrument must fulfill the set standards by the LMD. Therefore, before dealing with weights measurement instruments in India, the manufacturer, dealer, packer, or importer must obtain Model Approval Certificate.
Why does the LMD revoke a Model Approval Certificate?
We have enlisted some of the conditions for the Revocation of a Model Approval Certificate in the following points:
- The LMD has approved the Model, but the certificate holder does not comply with the specified units in the LMA Rules.
- The Authority has identified defects in accuracy, reliability, or performance in using the manufactured products per the submitted Model.
- The manufacturer has altered the approved design of the submitted Model or its circuit diagram without LMD's approval
- The Model proprietor has stopped following the required standards in implementing such Model
- The manufacturer doesn't follow the stated conditions in the Model Approval certificate.
Note that the Authority cannot revoke any such approval unless the owner has been given a reasonable chance to show cause against his deeds.
What happens after Revocation?
After the Authority revokes the Approval Certificate, the party must cease the production of weight or measure instruments. Here, weight or measure manufactured between the Revocation and specified date will not withstand such Revocation. However, it can be subject to verification as per the Government's standards. As per the LMA provisions for approval revocation, the use of any weights or measures can cause errors beyond the permitted limits for weights and measures.
Suspension of Model Approval Certificate
The Director of the LMD can suspend a certificate for Model Approval for Weight and Measures in the following events of failure or omission on such certificate:
- Manufacturing weights and measures as per the certified Model
- Confirming the standards concerning any measuring instruments manufactured as per the Model
- Compliance with the conditions prescribed in the Certificate: The proprietor must make no such suspensions except after giving the licensee a reasonable opportunity of showing cause against his proposed action
- For any suspended Approval Certificate, the Authority will not vacate the suspension order unless the omission or failure of the details for which such suspension was made has been corrected
If the Model Approval Certificate has been suspended, the Controller of Legal Metrology of the particular state must make an inventory of the current stock. This will confirm that the Model Proprietor makes no further sale unless they revoke the suspension of the Approval Certificate.
