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Union of India - Section

Section 4 in The Standard of Weights and Measures (Approval of Models) Rules, 1987

4. Recognition of laboratories

- [(1) Every laboratory desirous of obtaining recognition under these rules for carrying out tests for the approval of the model of any weight or measure shall make an application to the Director in the form as shall be notified from time to time.] [Substituted by G.S.R. 492(E), dated 24-5-2000 (w.e.f.8-8-2000). ]
(2)Every application, referred to in sub-rule (1), shall be made by the Principal Officer of the laboratory.
(3)When an application is made under sub-rule (1) for the recognition of a laboratory, the Director shall, before issuing the certificate of recognition, send one or more of his officers to the laboratory and obtain a report whether the laboratory:-
(a)has the necessary measuring equipment, testing facilities and buildings maintained in a proper condition;
(b)has the necessary qualified staff, component to undertake the tests for recommending the approval of model of the concerned weight or measure;
(c)is situated in an appropriate environment;
(d)has an adequate recording system;
(e)is likely to give expeditious, efficient and adequate service; and
(f)is ready and willing to get its equipment verified periodically by such other appropriate laboratory, as may be specified by the Director;
(g)[ whether they have the certificate issued by the National Accreditation Board of Laboratories (NABL) in the parameter/field in which model test is proposed to be undertaken.] [ Inserted by G.S.R. 492(E), dated 24-5-2000 (w.e.f. 8-8-2000).]
(4)The Director shall, after considering the information supplied to him by his officer, or officers referred in sub-rule (3) and if necessary, after a visit to the laboratory, shall issue to the applicant laboratory a certificate of recognition specifying therein the terms and conditions subject to which the recognition is granted, and the code number which has been assigned to the laboratory.
(5)Where no application for the recognition of a laboratory has been made, or where such application having been made, has not been disposed of the Director may if he is satisfied that it is urgently necessary so to do issue, with the consent of the principal officer incharge of the laboratory, a provisional certificate of recognition to a laboratory which, in the opinion of the Director, fulfils all the requirements of sub-rule (3) and the provisional certificate so issued shall be valid for one year.
(6)The certificate of recognition granted to a laboratory may be suspended by the Director in the event of the omission or failure on the part of the laboratory to observe the terms and conditions specified under sub-rule (4):Provided that no such suspension shall be made except after giving to the laboratory a reasonable opportunity of showing cause against the proposed action.
(7)Where any certificate of recognition to a laboratory is suspended under sub-rule (6), the order of suspension shall not be vacated unless the omission of failure of compliance of terms and conditions for which such suspension was made has been made good.
(8)[ The Director or his authorised officer may visit the laboratory as and when required and the Principal Officer will permit inspections and render all assistance for the purpose including the production of records with regard to model testing.
(9)The Principal Officer shall submit annually to the Director a report in respect of the models tested by them, the fee collected, time taken for each testing and such other relevant particulars.
(10)The Principal Officer, while testing the models, shall adopt such procedures as may be prescribed by the Director from time to time.
(11)The certificate of recognition granted to a laboratory may be cancelled by the Director if the circumstances of the laboratory are such that it cannot be reasonably expected to function properly as a recognised laboratory or if there are sufficient reasons to suspect that the laboratory has been guilty of corrupt practices:Provided that no certificate of recognition shall be cancelled except after giving to the concerned laboratory a reasonable opportunity of showing cause against the proposed action.] [ Substituted by G.S.R. 492(E), dated 24-5-2000 (w.e.f. 8-8-200).]