Legal Metrology Rules Amended to Revise Model Approval Fees and Mandate Online Publication of Certificates

The Ministry of Consumer Affairs, Food and Public Distribution, Department of Consumer Affairs, issued a notification on November 6, 2019, introducing the Legal Metrology (Approval of Models) (Amendment) Rules, 2019. These rules, which came into force on the date of their publication in the Official Gazette, amend the principal Legal Metrology (Approval of Models) Rules, 2011. The Central Government exercised its powers conferred by sub-section (1) read with clause (m) of sub-section (2) of section 52 of the Legal Metrology Act, 2009, to bring about these changes. The amendments primarily focus on enhancing transparency in the model approval process and updating the fee structure for testing weights and measures.

A significant change introduced by the amendment rules is the omission of sub-rule (2) of rule 11 of the 2011 Rules. Furthermore, sub-rule (4) of rule 11 was substituted with a new provision, mandating the publication of model approval certificates. The legislation provided: “The Director shall cause the model approval certificates issued under section 22 of the Act to be published on the website of the Department.” This ensures that all model approval certificates, which are official documents confirming that a particular model of weight or measure meets prescribed standards, are publicly accessible. The rules also substituted rule 19, which pertains to the fees for testing models of weights or measures. Under the revised structure, applicants are now required to deposit fees in the form of a demand draft or through online payment when making an application under rule 5. For the testing of mechanical type models of weights or measures or weighing and measuring instruments, a fee of rupees ten thousand is prescribed. For digital or electronic type models of weights or measures or weighing and measuring instruments intended for manufacturing or import for transaction or protection, the fee is rupees twenty-five thousand. Additionally, the rules stipulate that applicants shall deposit half of the specified testing fees for the testing of substitute material. These changes directly affect manufacturers, importers, and any entity seeking model approval for weights and measures, as well as the Department of Consumer Affairs responsible for their regulation.

The legislative intent behind these amendments is to foster greater transparency and efficiency within the legal metrology framework. The earlier legal position did not explicitly mandate the online publication of model approval certificates, which could lead to a lack of public awareness regarding approved models. By requiring the Director to publish these certificates on the Department's website, the amendment addresses this statutory gap, promoting accountability and providing easier access to information for consumers and businesses alike. The revision of testing fees aims to rationalize the costs associated with evaluating different types of metrological instruments, acknowledging the varying complexities involved in testing traditional mechanical devices versus modern digital and electronic equipment. This adjustment ensures that the fee structure remains relevant and equitable, aligning with the current technological landscape of weighing and measuring instruments. The amendments introduce new obligations for applicants regarding fee payment methods and amounts, while also imposing a new responsibility on the Department to ensure public dissemination of approval certificates.

Keywords: Legal Metrology, Model Approval, Amendment Rules, Consumer Affairs, Weights and Measures, Testing Fees, Online Publication, India, 2019 Geo Tags: India, New Delhi District: Not Applicable