7. Section 7 of the principal Act is repealed and the following sections substituted therefor:“Weighing or measuring instruments for use for trade |
7.—(1) This section shall apply to weighing or measuring instruments of such class or description as may be prescribed.(2) No person shall —(a) | supply for use for trade; or | (b) | use for trade, or have in his possession for use for trade, |
any weighing or measuring instrument to which this section applies unless — |
(i) | the instrument has been submitted to and passed as being fit for such use by an Authorised Verifier under section 7A or an inspector under section 7B; and | (ii) | except as otherwise expressly provided under this Act or by regulations made under section 10, the instrument has been affixed with —(A) | a stamp; and | (B) | an Accuracy Label, |
indicating that it has been so passed, and both the stamp and Accuracy Label remain undefaced otherwise than by reason of fair wear and tear. |
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(3) Any person who contravenes subsection (2) shall be guilty of an offence and any weighing or measuring instrument in respect of which the offence was committed shall be liable to be forfeited. |
(4) Where —(a) | in accordance with regulations made under section 10, any weighing or measuring instrument is passed as fit for use for trade and affixed with a stamp and an Accuracy Label only after it has been installed at the place where it is used for trade; and | (b) | the instrument is subsequently dismantled and re-installed, whether in the same or some other place, |
the instrument shall not be used for trade after being so re-installed until it has been retested by an Authorised Verifier or inspector. |
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(5) Any person who —(a) | knowingly uses any weighing or measuring instrument in contravention of subsection (4); | (b) | knowingly causes or permits any other person so to use it; or | (c) | knowing that the instrument is required under subsection (4) to be retested disposes of it to some other person without informing him of that requirement, |
shall be guilty of an offence and the instrument shall be liable to be forfeited. |
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Inspection and testing by Authorised Verifier |
7A.—(1) Any person requiring any weighing or measuring instrument to which section 7 applies to be tested for its fitness for use for trade by an Authorised Verifier shall submit the instrument to the Authorised Verifier in such manner as the Authorised Verifier may require.(2) An Authorised Verifier may charge such fee as he may determine for the testing of any weighing or measuring instrument submitted to him under subsection (1). |
(3) On payment of such a fee, the Authorised Verifier shall inspect the weighing or measuring instrument and —(a) | test the instrument for its fitness for use for trade by means of such method of testing, working standard and testing instrument as may be specified by the Controller; and | (b) | subject to the provisions of this Act and any regulations made under section 10, if the instrument being tested falls within the prescribed maximum permissible error, pass the instrument as being fit for use for trade and affix the instrument with a stamp and an Accuracy Label. |
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(4) If any difference arises between an Authorised Verifier and the person who submitted the weighing or measuring instrument being tested with respect to any method of testing, working standard or testing instrument used under subsection (3)(a), that difference may with the consent of that other person, and shall at the request of that other person, be referred to the Controller whose decision shall be final. |
(5) Unless the Board otherwise allows, no Authorised Verifier shall pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him under subsection (1) unless a letter of pattern approval in respect of the pattern of that instrument has been issued by the Controller under section 8. |
(6) Where any weighing or measuring instrument submitted to an Authorised Verifier under subsection (1) is of a pattern in respect of which a letter of pattern approval granted under section 8 is for the time being in force, or of such a pattern modified only in a manner for the time being authorised by the Controller under that section, the Authorised Verifier shall not refuse to pass, or affix a stamp or an Accuracy Label on, the instrument on the ground that it is not suitable for use for trade. |
(7) For the purposes of subsection (6), if the Authorised Verifier is of the opinion that the weighing or measuring instrument is intended for use for trade for a particular purpose for which it is not suitable, he may refuse to pass it as fit for use for trade, or affix a stamp or an Accuracy Label on it, until the matter has been referred to the Controller whose decision shall be final. |
(8) Where an Authorised Verifier refuses to pass as fit for use for trade any weighing or measuring instrument, the Authorised Verifier shall —(a) | immediately give to the person in charge of that instrument notice in writing of his refusal in such form as the Controller may require; and | (b) | as soon as practicable, send a copy of the notice to the Controller. |
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(9) Where it is not possible or practicable to give a notice under subsection (8)(a), the Authorised Verifier shall attach the notice to the weighing or measuring instrument to which the notice relates. |
(10) Every Authorised Verifier shall —(a) | keep a record of —(i) | every inspection and test carried out by him under subsection (3); and | (ii) | every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument; and |
| (b) | submit to the Controller, in such form, comprising such information and within such time as the Controller may require, together with such fee as may be prescribed —(i) | a report on every inspection and test carried out by him under subsection (3); and | (ii) | a report on every instance in which the Authorised Verifier breaks any stamp affixed on any weighing or measuring instrument. |
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(11) Any Authorised Verifier who fails to keep any record referred to in subsection (10)(a) shall be guilty of an offence. |
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Inspection and testing by inspector |
7B.—(1) Any person requiring any weighing or measuring instrument to which section 7 applies to be tested for its fitness for use for trade by an inspector shall submit the instrument to the inspector in such manner as the Controller may direct.(2) On payment by the person referred to in subsection (1) of the prescribed fee, the inspector shall inspect the weighing or measuring instrument and —(a) | test the instrument by means of such method of testing, working standard and testing instrument as he considers appropriate or, subject to any condition which may be prescribed, by means of any other instrument which has already been tested and which the inspector considers suitable for the purpose; and | (b) | subject to the provisions of this Act and any regulations made under section 10, if the instrument submitted falls within the prescribed maximum permissible error, pass the instrument as being fit for use for trade and affix the instrument with a stamp and an Accuracy Label. |
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(3) If any difference arises between an inspector and the person who submitted the weighing or measuring instrument for testing with respect to any method of testing, working standard or testing instrument used under subsection (2)(a), that difference may with the consent of that other person, and shall at the request of that other person, be referred to the Controller whose decision shall be final. |
(4) Unless the Board otherwise allows, no inspector shall pass, or affix a stamp or an Accuracy Label on, any weighing or measuring instrument submitted to him under subsection (1) unless a letter of pattern approval in respect of the pattern of that instrument has been issued by the Controller under section 8. |
(5) Where any weighing or measuring instrument submitted to an inspector under subsection (1) is of a pattern in respect of which a letter of pattern approval granted under section 8 is for the time being in force, or of such a pattern modified only in a manner for the time being authorised by the Controller under that section, the inspector shall not refuse to pass, or affix a stamp or an Accuracy Label on, the instrument on the ground that it is not suitable for use for trade. |
(6) For the purposes of subsection (5), if the inspector is of the opinion that the weighing or measuring instrument is intended for use for trade for a particular purpose for which it is not suitable, he may refuse to pass it as fit for use for trade, or affix a stamp or an Accuracy Label on it, until the matter has been referred to the Controller whose decision shall be final. |
(7) Every inspector shall keep a record of every inspection and test carried out by him under subsection (2). |
(8) Nothing in this section or section 7 shall require any inspector to inspect, test or pass any weighing or measuring instrument as fit for use for the purpose of section 7 unless there is no Authorised Verifier able to do so without unreasonable delay.”. |
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