Section 5 in The Legal Metrology (Government Approved Test Centre) Rules, 2013
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 Principal officer 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 principal 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.(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 exceeding five years at a time.(6)The Director of Legal Metrology will issue a specific code number to each Government Approved 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 send a written communication to the applicant.(8)Any person aggrieved by orders under sub-rule (7) may appeal to secretary of the Department of Consumer Affairs whose decision thereon shall be final.(9)Certificate of approval granted to any Government Approved Test Centre may be suspended by Director of Legal Metrology in case of Government Approved Test 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 proposed action: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 assistance for 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 Legal Metrology (General) Rules, 2011.(13)The certificate of approval granted may be cancelled by the Director if the Circumstances are such that it cannot be reasonably expected to function properly as a Government Approved Test Centre: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 concerned Controller of Legal Metrology of the State immediately.(15)The competent authority may require Government Approved Test Centre to take out third party liability insurance sufficient to cover any claim for damage due to any lapses or violation of government instructions by such Government Approved Test Centre.(16)All the Regional Reference Standard Laboratories working under the administrative control of the Department of Consumer Affairs function 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 Laboratory as if they were Government Approved Test Centre.
