Trade Metrology Act, 1973 (Act No. 77 of 1973)Chapter IV : Approval, Verification and Certification of Measuring Instruments23. Measuring instruments used for certain purposes to be certified |
| (1) | Every measuring instrument used or possessed in connection with any prescribed purpose or any purpose contemplated in section 26 or used or possessed for the verification or testing of any measuring instrument to which the provisions of this Act are applicable, shall be certified or re-certified in accordance with the provisions of this Act unless exempted from certification or re-certification under this Act. |
| (2) | If the director is satisfied that it is impracticable or unnecessary to certify or re-certify any measuring instrument or any class or make of measuring instrument because of its mode or principle of construction or the manner in or purpose for which it is used or any other special circumstance relating to it or its use, he may issue a certificate in respect of such measuring instrument or such class or make of measuring instrument exempting it from the provisions of subsection (1) or of section 26, subject to such conditions, limitations or requirements as may be prescribed by regulation or as he may in any particular case deem fit to impose. |
| (3) | The provisions of this Act relating to the certification or re-certification of any measuring instrument or the use or possession of any measuring instrument which has not been certified or re-certified shall, subject to any applicable condition, limitation or requirement prescribed by regulation or imposed under subsection (2), not apply in respect of any measuring instrument exempted from the provisions of subsection (1) or of section 26 by regulation or under the said subsection (2) or belonging to a class or make so exempted. |
| (4) | The director may at any time cancel any certificate issued under subsection (2): Provided that any person who uses or has in his possession any measuring instrument to which, or belonging to the class or make to which, the certificate relates, shall be exempted from any penalty for using or possessing it for the period between the date of the cancellation of the certificate and the earliest opportunity when he could reasonably cause it to be certified or re-certified. |
| (5) | Any decision by the director under this section shall be given by him after consultation with the committee. |
| (6) | Any person who contravenes or fails to comply with any condition, limitation or requirement referred to in subsection (2), shall be guilty of an offence. |
[Section 23 substituted by section 7 of Act No. 34 of 1975]