Model approval certificate
Model approval acts as legal authorization required for the production and cross-border trading of weights and measuring products in India. The Legal Metrology Department grants it under Section 22 of the Legal Metrology Act, 2009. Legal approval is a must-have for those seeking to manufacture or import such products.
The measuring devices or weights should conform to Indian metrology standards; otherwise, they won't be eligible for this certification. The certification also requires prescribed testing as per governing legislation. Product testing is a core element of the licensing procedure, without which no certification would be granted.
Understanding the Eligibility Criteria concerning Model Approval Certificate
As per the Legal Metrology Act, measuring devices and weights must adhere to the regulatory norms specified by the Legal Metrology Department. Before commencing the import or production of any such product, the applicant must secure approval by submitting a specified application and fee. Also, it is at the discretion of the authority whether or not to perform tests for products conforming to the standards of other nations.
Notable Exceptions Regarding Product Type
Certain products, such as brass, bullion, cast iron, length measures, beam scales, carat weight, textile, timber, milk, kerosene, and potable liquors, do not require model approval.
There is no need to secure model approval for beam scales, carat weight, or length measures. These commodities are meant to serve the retail landscape for measuring timber or textile, with a capacity not surpassing 20 L. These capacity measures are extensively utilized in retail for measuring kerosene, milk, or portable liquors.
Model Approval Certificate: Underlining the required Documents
To obtain the Model Approval certificate, you must arrange the following documents:
- Declaration from the importer assuring that the product has not undergone any modifications or changes before sale.
- A description of the sealing provisions of the product.
- Receipt of the model approval fees.
- Two passport-sized photographs relating to the applicant.
- Other business licenses issued by the recognized authorities.
- A duly filled application form
- Details to be displayed on the package.
- Incorporation certificate
- A schematic diagram concerning weights and/or measuring product.
A Detail Guide to Obtaining Model Approval Certificate in India
The process for securing model approval differs depending on whether you are a manufacturer or importer. Let's take a closer look at the procedures for each type of applicant.
Manufacturer’s Process
Manufacturers requiring a Model Approval should abide by the following steps:
- Step 1: Arrange Mandatory Paperwork
- Step 2: Online Application Filing
- Step 3: Payment of Model Approval Fee
- Step 5: Paperwork Inspection
- Step 6: Product Testing
- Step 7: Grant of Model Approval
Gather and organize all the required documents for the application. Verify each annexure for accuracy and validity.
Complete and submit the e-application as recommended by the Legal Metrology Department. Upload documents as advised by the portal.
Pay the prescribed fee for model approval as soon as the portal leads you to the payment section. Download the receipt or acknowledgment number if provided.
The submitted paperwork will undergo an in-depth vetting process performed by the designated department of the Legal Metrology Department, usually the Directorate.
The product samples shall undergo specified testing under the supervision of the Directorate-General to ensure they conform to regulatory norms.
The authority will grant the certificate if the product complies with regulatory standards.
Importer's Process
No testing is required for the importer. Here’s how an importer can undergo the licensing process:
- Fill out the application on the authority’s portal.
- Submit the same alongside the documents and product sample to the Legal Metrology department.
- Submit the fee in the payment section for model approval.
- The concerned department will initiate the vetting process to inspect the paperwork.
- If the application and paperwork aren’t flagged for errors or misinformation, the certificate shall be granted.
Note: If the applicant fails to provide the product sample on time for approval, severe penalties shall come into effect. The authority may impose a penalty amounting to Rs 20,000. If there is a repetitive offense, the defaulter may be subjected to a jail term of 1 year along with a monetary fine.
What Does a Model Approval Certificate Reflect?
The model approval certificate includes the following information:
- Certificate Number.
- A brief detail about the model for which the certificate is granted.
- The category of weight or measure for which the application was filed.
- A statement concerning the test outcome.
- The mark assigned to the model is certified by the authority.
- The premises where the vetting stamp or seal may be affixed.
- Any special conditions that need to be followed for the production and verification of weights or measures.
What Could Lead to the Rejection of the Model Approval Certificate?
The following are grounds that could lead to the rejection of the model certificate:
- The approved model no longer complies with the underlying norms cited in the Act.
- The approved model deals with performance issues or inaccuracies.
- Some changes were made to the certified model without informing the authority.
- The manufacturer fails to abide by the license conditions. However, revocation would not come into effect immediately in such a case. The licensee would get a fair chance to put forth their case before the hearing committee.
Note: Revocation ensures a complete cessation of production activities, meaning no production of weight or measuring devices would take place until the authority decides to change their decision. If the manufacturer decides to carry on production, the authority may vet their entire lot again for compliance and take appropriate disciplinary action.
Penalties under the Legal Metrology Act, 2009
- The illicit use of weight or measure can result in a monetary fine of Rs 25,000 and a jail term of 6 months for subsequent offenses.
- Product tampering can lead the offender to face a severe fine amounting to Rs 50,000 and imprisonment of 6 months for subsequent offenses.
- The production or sale of non-standard products is a punishable offense, and hence, such a felony shall expose the offender to a monetary fine of Rs 20,000 and imprisonment of 3 years for subsequent convictions.
- Violation of sections 10 and 11 could incur a fine of Rs 10,000 and imprisonment of 1 year for subsequent non-compliance.
- Failing to share documents or records pertaining to weights or measures with the Director or controller during inspection can invite a fine of Rs 5,000 and even a jail term of 1 year in the worst-case scenario.
Avail Adviso’s Expertise to Secure Your Model Approval Promptly
Securing a Model Approval Certificate is mandatory for the production and importation of weights and measuring products. While the process can be complicated and taxing, Adviso offers professional-grade assistance in securing such approval.
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FAQs About Model Approval Certificate
A Model Approval Certificate is a legal certification that authenticates the production and importation of weights and measuring products in India.