ains shall be confiscated. And a pecuniary penalty ranging from 10% to50% of their total illegal gains may be imposed simultaneously.Article 45If any departments, enterprises and institutions conduct measurementexamination and determination with various standard measurementinstruments of the highest class which have not passed the examination ofthe relevant administrative departments for measurement of the people'sgovernments, they shall be ordered to stop using those instruments and afine of 1,000 yuan or less may be imposed simultaneously.Article 46If any units fail to apply for examination and determination for thosemeasurement instruments which are subject to compulsory examinations anddetermination, or fail to conduct periodic examination and determinationfor other measurement instruments which are not subject to compulsoryexamination and determination, or send them to other agencies for periodicexamination and determination or continue to use the instruments whichhave been rejected in examination and determination, they shall be orderedto stop using those instruments and a fine of 1,000 yuan or less may beimposed simultaneously.Article 47If any units or individuals are engaged in manufacturing and repairingmeasurement instruments without Licence for Manufacturing MeasurementInstruments or the Licence for Repairing Measurement Instruments, theyshall be ordered to stop their production and operation and to seal up forsafekeeping the measurement instruments which have been manufactured andthose which have been sent for repairing. The total amount of illegalgains shall be confiscated and a fine ranging from 10% to 50% of theillegal gains may be imposed simultaneously.
Article 48Those who manufacture and market the new measurement products which havenot passed model approval or prototype testing shall be ordered to stopmanufacturing and marketing such products and seal them up forsafekeeping. Their total amount of illegal gains shall be confiscated anda fine of 3,000 yuan or less may be imposed simultaneously.Article 49If the measurement instruments which have not been examined and determinedor those instruments which have been rejected in examination anddetermination are allowed to leave the factory, the units or individualsmanufacturing or repairing such instruments shall be ordered to withholdthe same. The total amount of their illegal gains shall be confiscated; inmore serious cases, a fine of 3,000 yuan or less may be imposedsimultaneously.Article 50Those who sell imported measurement instruments which have not passed theexamination and determination by administrative departments formeasurement of the people's governments above provincial level, shall beordered to stop the sales and seal up the instruments for safekeeping. Thetotal amount of their illegal gains shall be confiscated and a fineranging from 10% to 50% of the total sales earnings may be imposedsimultaneously.Article 51Those who have caused losses to the State or consumers by usingsubstandard measurement instruments or tampering with measurementinstruments and falsifying data shall be ordered to pay reparations forthe losses. Their measurement instruments and total amount of illegalgains shall be confiscated and a fine of 2,000 yuan or less may be imposedsimultaneously.Article 52Those who sell damaged and substandard spare parts and components ofmeasurement instruments shall be ordered to stop their business. Theinstruments and total amount of illegal gains shall be confiscated and afine of 2,000 yuan or less may be imposed simultaneously; in more seriouscases, the business licence shall be revoked by administrative departmentsfor industry and commerce.Article 53If any units or individuals manufacture, market or use certain measurementinstruments for the purpose of cheating consumers, their instruments andtotal amount of illegal gains shall be confiscated and a fine of 2,000yuan or less may be imposed simultaneously. If the deceit constitutes acrime, the persons directly responsible shall be investigated for theircriminal liabilities according to law.
Article 54If any individual industrial and commercial businesses manufacture andrepair measurement instruments other than those prescribed by the State orare engaged in business at unauthorized places, they shall be ordered tostop manufacturing and repairing. The total amount of their illegal gainsshall be confiscated and a fine of 500 yuan or less may be imposedsimultaneously.Article 55If any agencies for examination of product quality which have not obtainedcertificates of measurement attestation provide notarization data for thepublic, they shall be ordered to stop their operations and a fine of 1,000yuan or less may be imposed simultaneously.Article 56If any units or individuals forge, usurp or traffic in seals orcertificates for compulsory examination and determination, the seals andcertificates and the total amount of the illegal gains shall beconfiscated and a fine of 2,000 yuan or less may be imposedsimultaneously. If crimes are committed in the course, the personsconcerned shall be investigated for criminal liabilities according to law.Article 57If the personnel in charge of measurement supervision and administrationbreak the law, neglect their duties or engage in self-seeking misconduct,they shall be given administrative sanctions when the circumstances arenot serious. If crimes are committed, the persons concerned shall beinvestigated for criminal liabilities according to law.Article 58If the units responsible for design appraisement and prototype instrumenttesting for new measurement products violate Paragraph 2, Article 20 ofthese Rules, they should pay for the losses sustained by the applicantsand give administrative sanctions to the persons directly responsible inaccordance with the relevant stipulations of the State. If crimes arecommitted, the persons concerned shall be investigated for criminalliabilities according to law.Article 59Any person in charge of measurement examination and determination whocommits one of the following acts, shall be given administrativesanctions. If crimes are committed, he shall be investigated for criminalliabilities according to law.(1) forging examination and determination data;(2) causing losses to the party sending the instruments for examination asa result of the faulty data provided;(3) violating the rules concerning measurement examination anddetermination in conducting the work;(4) conducting examination and determination by using those standardmeasurement instruments which have not passed the relevant examinations;(5) conducting measurement examination and determination without therequired certificates.
Article 60The administrative penalties stipulated in these Rules shall be meted outby administrative departments for measurement of the people's governmentsabove county level. Penalties involving fines of more than 10,000 yuanshould be submitted to the administrative departments for measurement ofthe people's governments above provincial level for decision. Theconfiscated illegal gains and fines must all be turned over to the statetreasury.The administrative penalties provided for in Article 51 of these Rules mayalso be decided by administrative departments for industry and commerce.
【章名】Chapter XI Supplementary Provisions
Article 61The connotations of the following terms as used in these Rules are:(1) "Measurement instrument" refers to a device, an instrument, a meter ora measuring tool which can be used to determine the measurement values ofthe measured objects directly or indirectly, as well as a standard matterused to unify measurement values, which can be a datum measurementinstrument, a standard measurement instrument and a working measurementapparatus.(2) "Measurement examination and determination" refers to the workinvolved in evaluating the functions of the measurement instruments anddetermining if th