中華人民共和國(guó)計(jì)量法實(shí)施細(xì)則
發(fā) 文 號(hào):1987年1月19日國(guó)務(wù)院批準(zhǔn)1987年2月1日國(guó)家計(jì)量局發(fā)
發(fā)布單位:1987年1月19日國(guó)務(wù)院批準(zhǔn)1987年2月1日國(guó)家計(jì)量局發(fā)
r units should pass theexaminations supervised by their higher competent authorities and obtainthe relevant certificates. People without the certificates for measurementexamination and determination may not do the work in this field. Thegrading of the technical posts of the personnel in charge of measurementexamination and determination shall be stipulated by the measurementadministration under the State Council in conjunction with the relevantcompetent authorities.Article 30The administrative departments for measurement of the people's governmentsabove the county level may, in the light of actual needs, authorize theagencies of measurement examination and determination and technicalagencies in the following ways to conduct compulsory examination anddetermination and other kinds of examination and determination and testingwithin the prescribed scope:(1) authorizing professional or regional agencies for measurementexamination and determination to act as legal agencies;(2) authorizing the designation of public standard instruments;(3) authorizing the agencies for measurement examination and determinationof certain departments or units to conduct compulsory examination anddetermination of the relevant measurement instruments used therein;(4) authorizing relevant technical agencies to undertake the other tasksof examination and determination and testing prescribed by law.Article 31Units which have been authorized in accordance with the provisions ofArticle 30 of these Rules should abide by the following stipulations:(1) the personnel in charge of examination and determination and testingin the authorized units must pass the examinations supervised by theauthorizing units;(2) the corresponding measurement standards of the authorized units mustbe examined and determined according to the datum instruments or thepublic standard instruments;(3) the authorized units must conduct the authorized work of examinationand determination and testing under the supervision of the authorizingunits;(4) administrative departments for measurement of the people's governmentsabove county level shall conduct mediation and arbitration when theauthorized units become a party to a measurement dispute, which cannot besettled by the parties themselves through consultation.
【章名】Chapter VII Measurement Attestation of Agencies for Examination of Product Quality
Article 32The agencies for examination of product quality which provide the societywith notarization data must be attested by administrative departments formeasurement of the people's governments above provincial level.Article 33Measurement attestation of agencies for examination of product qualitycovers the following aspects:(1) examining and determining measurements and testing the function ofequipment;(2) examining and determination measurements and testing the environmentalconditions for the functioning of the equipment and the personnel'soperational skills;(3) measures ensuring the uniformity of measurement values and accuracy,and systems ensuring the equity and reliability of the data forexamination and determination of measurements.Article 34After receiving applications for attestation from agencies for examinationof product quality, administrative departments for measurement of thepeople's governments above provincial level shall instruct the measurementexamination agencies under their jurisdiction or the authorized technicalagencies to arrange the examinations for the applicants in accordance withthe provisions of Article 33 of these Rules. The administrativedepartments for measurement of the people's governments above provinciallevel shall issue certificates for measurement attestation to thoseapplicants who have passed the examinations. Those who have not obtainedthe certificates shall not be allowed to conduct examination of productquality.Article 35Administrative departments for measurement of the people's governmentsabove provincial level are empowered to conduct supervision and inspectionover those agencies which have obtained certificates for measurementattestation according to the provisions of Article 33 of these Rules.Article 36Agencies for examination of product quality which have obtained acertificate for measurement attestation should apply for separateconfirmation of measurement attestation for new items, if they deem theseadditional examinations necessary, according to the relevant provisions ofthese Rules.
【章名】Chapter VIII Measurement Mediation and Arbitrative Examination and Determination
Article 37Administrative departments for measurement of the people's governmentsabove county level are responsible for mediation and arbitrativeexamination and determination for measurement disputes and may appointrelevant agencies for measurement examination and determination to conductarbitrative examination and determination as entrusted by judicial organs,administrative organs for contracts, arbitration agencies dealing withcases involving foreign parties, or other organizations.Article 38No litigant shall change the technical status of the measurementinstruments involved in the dispute in the course of the mediation,arbitration and hearing of the cases.Article 39If a party rejects the arbitrative examination and determination, it mayappeal to the administrative departments for measurement of the people'sgovernments at the next higher level within 15 days of receipt of thenotice of the arbitrative examination and determination. The arbitrativeexamination and determination by the administrative departments formeasurement of the next higher people's governments shall be final.
【章名】Chapter IX Fees
Article 40Fees shall be paid for applications for examinations to designate standardmeasurement instruments, applications for examination and determination ofmeasurement instruments to be used, applications for model approval andprototype instrument testing for manufacturing new measurement products,applications for the licence for manufacturing and repairing measurementinstruments and applications for measurement attestation and arbitrativeexamination and determination. Actual procedures or rates of charges shallbe worked out by the measurement administration under the State Council inconjunction with the financial and price control departments of the State.Article 41Fees shall not be charged for the examination and determination andtesting conducted by administrative departments for measurement of thepeople's governments above county level in exercising supervision andinspection. The inspected units have the obligation to provide prototypeinstruments and facilities for examination and determination and testing.Article 42The funds needed by the agencies of measurement examination anddetermination under the jurisdiction of administrative departments formeasurement of the people's governments above county level for providingtechnical guarantee for implementating measurement laws and regulationsand exercising measurement supervision shall be entered in the budgets ofpeople's governments at the various levels in accordance with theprovisions in the State financial administration system.
【章名】Chapter X Legal Liability
Article 43Those who violate Article 2 of these Rules by using non-legal measuresshall be ordered to correct their mistakes. If violations have beencontained in publications, orders shall be given to stop theircirculations and a fine of 1,000 yuan or less may be imposedsimultaneously.Article 44Those who violate Article 14 of the Measurement Law of the People'sRepublic of China by manufacturing, marketing and importing measurementinstruments of non-legal measures which have been declared abolished bythe State Council and other measurement instruments which have beenprohibited for use by the State Council, shall be ordered to cease theseoperations. Their measurement instruments and total amount of illegalg