law: Standards of Weights and Measures Act, 1976 
  36. Approval of
  
  models. - 
  (1) Save as otherwise provided
  
  in this section, this chapter shall not apply to-
  (a) Any
  
  weight or measure which being subject to verification and stamping under the
  
  State law as in force immediately before the commencement of this Act, is in
  
  use at such commencement;
  (b) Any
  
  cast iron, brass, bullion, or carat weight or any beam-scale, except those
  
  specified by rules made in this behalf;
  (c)
  
  Length measures (not being measuring tapes) ordinarily used in retail trade for
  
  measuring textiles or timber;
  (d)
  
  Capacity measures, not exceeding twenty liters in capacity, which are
  
  ordinarily used in retail trade for measuring kerosene, milk or potable
  
  liquors;
  (e) Any
  
  weighing or measuring instrument or device which is made or manufactured
  
  exclusively for domestic use:
  Provided that such instrument or 
  
  device is not intended for the use of any member of the medical profession in 
  
  the course of such profession.
  (2) Where any officer
  
  of the Central or State Government charged with the duty of implementing the
  
  law relating to weights and measures has any reason to believe that the model
  
  of any weight or measure referred to in sub-section (1) requires a test by the
  
  prescribed authority, he may acquire one such weight or measure from the market
  
  and forward it to the prescribed authority for test, the fees for which shall
  
  be payable by the Government employing the officer by whom such weight or
  
  measure has been forwarded for test.
  (3) Every person
  
  shall, before making or manufacturing any weight or measure to which this Part
  
  applies, submit for approval of the prescribed authority, such number of
  
  models, drawings and other information relating to such weight or measure as
  
  may be prescribed:
  Provided that in relation to
  
  any weight or measure, to which this Part applies, which has already been made
  
  or manufactured, or which is in the process of being made or manufactured, at
  
  the commencement of this Part, models of such weight or measure shall be
  
  submitted to the prescribed authority from out of the weights or measures which
  
  have already been or which are in the process of being, made or manufactured:
  Provided further that in the
  
  case of a weight or measure the model whereof cannot be submitted, whether by
  
  reason of its nature or otherwise, it shall be sufficient if the drawings and
  
  other prescribed information about the weight or measure is submitted to the
  
  prescribed authority and thereupon that authority shall test the models of such
  
  weight or measure at the place where it is made or manufactured or at such
  
  other place as may be specified by the Director:
  Provided also that the
  
  prescribed authority may, if it is satisfied that the model of any weight or
  
  measure which has been approved in a country outside India conforms to the standards
  
  established by or under this Act, approve such model without any test or after
  
  such test as it may deem fit.
  (4) The prescribed
  
  authority shall levy and collect such fees for the testing of any model,
  
  submitted under this section for approval, as may be prescribed.
  (5) The prescribed
  
  authority shall test the models submitted to it with a view to-
  (a)
  
  Ascertaining whether such models conform to the standards established by or
  
  under this Act;
  (b)
  
  Finding out the ability of such models to maintain accuracy over periods of
  
  sustained use; and
  (c)
  
  Determining the performance of such models under such varied conditions as may
  
  be prescribed.
  (6) The prescribed
  
  authority shall submit to the Central Government a detailed report on the
  
  performance of the model submitted to it together with its recommendations with
  
  regard to the desirability or otherwise of issuing a certificate of approval in
  
  respect of that model.
  (7) The Central
  
  Government may, if it is satisfied after considering the report submitted to it
  
  by the prescribed authority that the aforesaid model is in conformity with the
  
  provisions of this Act or any rule made thereunder and is likely to maintain
  
  accuracy over periods of sustained use and to render accurate service under
  
  varied conditions, issue a certificate of approval in respect of that model.
  (8) Every certificate
  
  of approval of a model shall be published in the Official Gazette and shall
  
  also be published in such other manner as the Central Government may think fit.
  (9) The Central
  
  Government may, if it is satisfied that, the product made or manufactured in
  
  accordance with the model which was approved by it has failed to render the
  
  expected performance or to conform to the standards established by or under
  
  this Act, revoke the certificate of approval issued by it under sub-section
  
  (7):
  Provided that no such
  
  revocation shall be made except after giving the manufacturer of such weight or
  
  measure a reasonable opportunity of being heard:
  Provided further that where the
  
  Central Government is satisfied that as a result of the alteration made by the
  
  manufacturer in the model of the weight or measure, such model has become fit
  
  for approval, it may vacate the order of revocation of the certificate of
  
  approval issued by it.
  (10) If for any reason
  
  any material of the approved model of a weight or measure to which this Part
  
  applies becomes non-available in India, the manufacturer may continue the
  
  manufacture of such weight or measure with such substitute materials as may be,
  
  in his opinion, most suitable for the manufacture of such weight or measure but
  
  where the manufacturer does so, he shall send such substitute materials to the
  
  prescribed authority for test.
  (11) If the prescribed
  
  authority is of opinion that the substitute material referred to in sub-section
  
  (10) is not suitable and that there is available in India any other material
  
  which is more suitable, that authority shall intimate its findings to the
  
  Central Government and also to the manufacturer, and thereupon the manufacturer
  
  shall not manufacture the weight or measure with any material other than the
  
  material recommended by the prescribed authority until the material which was
  
  originally approved by the prescribed authority becomes available in India:
  Provided that where, in the 
  
  opinion of the Prescribed authority, the substitute material referred to in 
  
  sub-section (10) is not suitable and no other suitable material is also 
  
  available in India, the approval in relation to the model shall stand suspended 
  
  until a suitable material becomes available in India.
  (12) Where the model
  
  of any weight or measure to which this Part applies has been approved, the
  
  models of different denominations of such weight or measure shall not require
  
  any approval if such denominations are manufactured in accordance with the same
  
  principles according to which, and the same materials with which, the approved
  
  model has been manufactured.