Why is Model Approval Certificate Necessary?

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Why is Model Approval Certificate Necessary?

The Legal Metrology Department, as per Section 22 of the Legal Metrology Act, 2009, necessitates the approval for the weight and measurement products. Model Approval is a certificate which is issued to the manufacturer and importer which approves the weight and measurement products. Model Approval Certificate ensures that the product is as per the metrological standards in India. According to the Section 22 of the Legal Metrology Act, the manufacturer or importer is required to obtain the model approval certificate from the Central Government’s Department of Legal Metrology under the Ministry of Consumer Affairs, Food & Public Distribution which is located in Delhi. It is considered illegal to sell or use or manufacture or import any kind of weight or measurement without a valid approval model. 

What is a Model Approval Certificate?

A Model Approval Certificate is a document issued by the Legal Metrology Department as a proof for having certified that a model has been thoroughly tested before getting approved, and that it meets the criteria regarding the quality and performance. This certificate’s purpose is to provide assurance that the model is considered safe and effective for use in a production environment.

Why is it crucial?

It is crucial to get a certificate of model approval for many reasons. Above all, this certificate aids in guaranteeing that the model is appropriate for use in a production environment and considered safe. This is especially crucial for sectors like healthcare, banking, and transportation where a model inaccuracy could have dire consequences. A certificate of model approval can also contribute to the model's increased credibility and trustworthiness. It provides the stakeholders the reassurance that the model meets certain quality and performance standards and has gone through thorough testing and validation. Building trust with the clients is especially important when implementing a model in an application that interacts with them. By obtaining model approval certificate, legal and regulatory risks are reduced. It serves as an evidence in the event of model error as it ensures that the company has taken precautions to guarantee that the model is secure and reliable, which can assist in shielding it from legal action or regulatory penalties.

Who needs Model Approval?

Manufacturers as well as the importers of weight and measuring products are required to get model approval certificate from the legal metrology department of the central government. It is necessary to note that any importer dealing with weighing and measuring items needs to obtain the dealer license. There may be a possibility that any importer dealing with weighing and measuring instruments may be able to import such items without the need of dealership license but in order to sell such weight and measurement items, it is mandatory to own the dealer license.

The process and details about the model approval is stated under the Legal Metrology Act, 2009. This certificate has to be obtained by the manufacturer or the importer while dealing in the Indian legal metrology. Section 22 of the Legal Metrology Act, 2009 states that every person before manufacturing or importing any type of weight or measure shall seek the approval of Legal Metrology Department located in Delhi. In order to obtain model approval certificate of weight and measure, the applicant has to pay a prescribed fee which is stated by the concerned authority. If you are interested in obtaining Model Approval Certificate, LMPC certificate or Importer License, you can connect with Registrationwala!

Items not requiring Model Approval

Model Approval is not required for the items mentioned below:

• Brass
• Bullions
• Carat weight
• Midscale
• Length measures (not measuring tapes)
• Items which are generally used in retail trade for measuring textiles or timbers
• Capacity measures (Not exceeding 20 liters incapacity)
• Items which are generally used in retail trade for measuring kerosene, milk, or postal liquors

Documents required for Model Approval

In order to obtain Model Approval Certificate, you need the following crucial documents and pieces of information. 

• Certificate of Incorporation
• A duly filled application form.
• Schematic diagram of the weights and/or measuring product.
• Details that you’re required to input on the display pane of the package.
• Receipt of the model approval fees.
• Photo of the Model
• Other business licenses about your business.
• Two passport-sized photographs of the applicant.
• Description of the sealing provisions of the product.
• In case of an importer, a declaration must be provided which states that no changes were made to the product before it was on sale in India.

Procedure

There are two kinds of Model Approval Certificates provided by the Legal Metrology Department viz. Model Approval Certificate for the Manufacturer and Model Approval Certificate for the Importer. The procedures for applying these certificates are different from each other.

Model Approval Certificate for the Manufacturer

If the applicant is a manufacturer, it is mandatory for the manufactured product to go through the testing done by the Director Journal of the Legal Metrology Department. This procedure involves the following steps.

• The applicant (manufacturer) has to submit the filled application form.
• All the required documents have to be gathered.
• A sample of the product has to be brought to the Legal Metrology Department.
• Thereafter, the Department would conduct an inspection of all the documents.
• The product’s sample would be forwarded to the Director Journal of the Department for the purpose of testing.
• If the Legal Metrology Department is satisfied with the documents submitted and no errors are found, the model approval certificate will be issued to the applicant or manufacturer.

Model Approval Certificate for the Importer

In case the applicant is an importer, the following steps are required:

• The importer has to assemble all the necessary documents and submit the field application form.
• The product sample must be delivered by the applicant to the legal metrology department.
• Records will be examined by the legal metrology division.
• The importer will be issued the model approval certificate under Legal Metrology if the Department of Legal Metrology finds no errors during the application process.

Attributes of the Model Approval Certificate

Following are the attributes of the Model Approval Certificate for Weights and Measures: 

• Certified Number
• A classification of weight or measure
• An description of the test’s findings 
• Brief description of the model 
• The approved model receives the rating
• Site(s) where the seal, stamp, or both may be applied;
• For the manufacture, usage, and verification of weights or measures that adhere to the model, any special requirements must be met. 

Cancellation of Model Approval Certificate

The following conditions can lead to the rejection or cancellation of Model Approval Certificate:

• The previously approved model is no more specified in the rules made under the Act.
• There are errors or shortcomings in performance of the model.
• If the model's approved design and circuit diagram were willfully altered by the manufacturer or any other person.
• The manufacturer violates the terms of the approval certificate 
• If the model does not meet the requirements established by the authority.

The manufacture of any weight-and-measure equipment should be discontinued if the product's approval certificate is canceled or rejected. Furthermore, every product that is made in between the approval and rejection processes have to be verified.

Suspension of Model Approval Certificate 

Model Approval Certificate can be suspended in the following cases:

• A Director can suspend a Model Approval Certificate in case any failure/omission is found on the part of the holder of such certificate.
• If any certificate has been suspended under the sub-rule (1), the submission order shall not be vacated unless the error which led to suspension is fixed.
• Where the certificate of model approval has been suspended under sub-rule (1), an inventory of the existing stock shall be made by the Controller of Legal Metrology of the Concerned State. Such Controller will also ensure that there is no further sale unless the Director revokes the suspension of the Certificate of Approval.

Conclusion 

It is a crucial step to obtain a model approval certificate if you are an importer or a manufacturer. The certificate helps to ensure that the models used in production environments across various sectors are considered safe and effective for usage. Individuals or entities wanting to obtain this certificate can increase their chances of obtaining it by rigorous testing as well as validation process. To further increase the chances, they should consider factors such as regulatory requirements, quality of the data, model explainability and model maintenance. If you need help in obtaining Model Approval Certificate or LMPC certificate, the Registrationwala team would be happy to help you.

Frequently Asked Questions (FAQs)

Q1. Why is model approval certification necessary for importers and manufacturers?

A. According to the Section 22 of the Legal Metrology Act, the manufacturer or importer is required to obtain the model approval certificate from the Central Government’s Department of Legal Metrology under the Ministry of Consumer Affairs, Food & Public Distribution which is located in Delhi. It is considered illegal to sell or use or manufacture or import any kind of weight or measurement without a valid approval model. 

Q2. What can lead to suspension of the model approval certificate?

A. Model Approval Certificate can be suspended in the following cases: (i). A Director can suspend a Model Approval Certificate in case any failure/omission is found on the part of the holder of such certificate. (ii). If any certificate has been suspended under the sub-rule (1), the submission order shall not be vacated unless the error which led to suspension is fixed. (iii). Where the certificate of model approval has been suspended under sub-rule (1), an inventory of the existing stock shall be made by the Controller of Legal Metrology of the Concerned State. Such Controller will also ensure that there is no further sale unless the Director revokes the suspension of the Certificate of Approval.

Q3. Which items do not require Model Approval?

A. Model Approval is not required for brass, bullions, carat weight, midscale, length measures (not measuring tapes), items which are ordinarily used in retail trade for measuring textiles or timbers, capacity measures (Not exceeding 20 liters incapacity) and items ordinarily used in retail trade for measuring kerosene, milk, or postal liquors.

Q4. Under what conditions can the Model Approval Certificate get canceled?

A. The following conditions can lead to the rejection or cancellation of Model Approval Certificate: (i) The previously approved model is no more specified in the rules made under the Act. (ii) There are errors or shortcomings in performance of the model. (iii) If the model's approved design and circuit diagram were willfully altered by the manufacturer or any other person. (iv) The manufacturer violates the terms of the approval certificate. (v) If the model does not meet the requirements established by the authority.

Q5. What documents are required for Model Approval Certificate?

A. To obtain Model Approval Certificate, you need the following documents and pieces of information. 

• Certificate of Incorporation
• A duly filled application form.
• Schematic diagram of the weights and/or measuring product.
• Details that you’re required to input on the display pane of the package.
• Receipt of the model approval fees.
• Photo of the Model
• Other business licenses about your business.
• Two passport-sized photographs of the applicant.
• Description of the sealing provisions of the product.
• In case of an importer, a declaration must be provided which states that no changes were made to the product before it was on sale in India.

Q6. What is the drawback of not having Model Approval Certificate?

A. If a manufacturer or importer fails or omits to submit a model of any weight or measure for approval, he shall be punished with a fine which can extend to twenty thousand rupees. In case of second or subsequent offense(s), the Authority can imprison the person for a term which can extend up to 1 year and with a fine.

Q7. Does Model Approval Certificate need to be renewed or is it a one time process?

A. The Legal Metrology Certificate or Model Approval Certificate provided by the Legal Metrology Department is not a one time process. Therefore, the importers and manufacturers are required to apply for renewal every year. This ensures that the model continues to meet the requirements and standards of the Indian legal metrology.

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