Trade has been an essential part of all economies since times immemorial. Any economy must thrive, and that is possible only when there exists a robust environment for trade. There must be uniformity in traderelated policies, procedures, laws, and most importantly, the prime participant of trade, the consumer, must have confidence in trade transactions.
For this purpose, multiple legislations have been introduced by the Government, which includes The Legal Metrology Act, 2009. Metrology refers to the branch of the science of weighing and measurement.
What is the Legal Metrology Act, 2009?
Legal Metrology refers to the application of legal requirements to weighment, measurement and measuring instruments. Legal Metrology Act, 2009 came into force in India w.e.f. 1st April 2011. It is a single Act and covers the provisions under the Standards of Weights and Measures Act, 1976 and Standards of Weights and Measures (Enforcement) Act, 1985. It falls under the Department of Consumer Affairs.
The Act was enacted to establish and enforce standards of weights and measures, regulate trade and commerce in weights, measures and other goods sold or distributed by weights. It was intended to act as a standard for approval of model of weight before manufacturing, The primary objective of the Act is to ensure the accuracy and public guarantee of the information provided on pre-packaged products (including date of manufacture, price, weight/ quantity, etc.).
The Legal Metrology (General) Rules, 2011 include 40 types of weighing and measuring instruments, including but not restricted to electronic weighing instruments, weighbridges, clinical thermometers etc. These instruments are periodically verified by the State Government officers using the Standard Weights and Measures and the procedure prescribed in the Rules.
Applicability of the Legal Metrology Act, 2009
Legal Metrology Act applies to all pre-packaged products, and thus, all manufacturers, packers & importers dealing with such products are required to obtain registration under this Act. The Act does not apply to any weight or measure: used in any factory exclusively engaged in the manufacture of arms, ammunition or both for the use of the Armed Forces of the Union used for scientific investigation or research · manufactured exclusively for export.
The Central Govt. has also prescribed The Legal Metrology (Packaged Commodities) Rules, 2011, which cover various aspects of the Act such as its applicability, registrations of dealers, penalties and consequences for non-compliance. As per rule 3 of Legal Metrology (Packaged Commodities) Rules, 2011, the provisions of the chapter shall not apply toa) Packages of commodities containing a quantity of more than 25 kg or 25 liters excluding cement and fertilizer sold in bags up to 50 kg b) Packaged commodities meant for Sale to industrial or institutional consumers.
Institutional consumers include airways, railways, hospitals, hotels or any other institution that purchase packaged commodities directly from manufacturers for business use.
Registration under the Legal Metrology Act, 2009
Registration can be taken in either of the two capacities below: a) As a manufacturer or packer or b) As an Importer
Importers must register under the Act since they cannot import any weight or measure unless registered with the Director of Legal Metrology.
The registration process for registering as an Importer, Manufacturer or Packer [Registration is covered under Legal Metrology (Packaged Commodities) Rules, 2011]
1. Every person engaged in packing or import for distribution, delivery, or Sale shall apply to the Director or the Controller for registration with his name and complete address along with the prescribed fee (Rs. 500 usually).
2. An application for registration as above shall be made within 90 days from commencement of such packing.
3. The Director or Controller as the case may be, being the registering authority shall on receipt of application as above:
• Return the application to the applicant within seven working days from receipt of the application if it is found to be not complete in all respects or
• Register the applicant and grant him the certificate of registration if the application is found to be complete in all respects.
Registration under the Act is further granted based on the category in which the product dealt with falls.
Under Legal Metrology Act, 2009, products are divided into two categories, namely: a) Weight & Measurement goods b) Non-Weight & Measurement goods
Registration Requirements for Weight and Measurement goods:
a) Model Approval: Model approval is applicable on products that falls under the category of weight & measurement granted by the central government. The applicable product is submitted to a government lab, where the product is tested on various parameters. If the product is found in standard, Model Approval is granted.
b) Importer/Manufacturer License: Importer/Manufacturer license gives the authority to import or manufacture the packaged commodity product and or import any kind of packaged commodity and weight & measurement product.
c) Packaged Commodity Registration: LMPC Registration is mandatory for all packaged commodity sold to end consumers in India. Manufacturer, packer, producer or importer are obligatory to display information on the product packaging, for example, price, weight, date of manufacture, etc. This information needs to follow with the requirements of this Legal Metrology Act and the Rules made thereunder.
d) Dealership License: Dealership License is applicable to those weights and measurements products that are sold through dealers. Dealership license involves advising the Government of India about the dealers involved in the Sale of Weights & Measurements product.
e) Stamping of Product: Stamping of product is conducted to ensure that the goods imported is the same for which model approval was granted.
Application requirements under the Legal Metrology Act
Both the Central and State Government provides the Legal Metrology Registration. A dealer or manufacturer must apply to the State Government where they wish to operate. However, a dealer who decides to function in pan India shall apply to Central Government.
Every application must contain the following particulars:name of the applicant
· Complete address proof of the locations of the applicant used for pre-packing or importing products
· name of the packaged commodities dealt with by the applicant
Documents to be submitted for obtaining the license
1. Manufacturer License
ID Proof
· Passport Size Photo certificate of registration of Industry
· NOC from Competent Authority
Document proof of ownership/lease agreement of premises
· Constitution in case of Partnership/Proprietorship firm
Employee copies of Appointment letters with photographs, qualification &experience certificate
· Machinery, tools & accessories list along with purchase bill Model Approval Certificate
· Test weight purchase bill in case of new verification certificate Trademark, monogram registration certificate from the competent authority
· GST Registration certificate Professional Tax Registration Certificate
· Valid Labour License
2. Importer License
· License for trade/manufacture/factory
Residential address proof of directors, partners like Voter ID, Passport etc.
· GST/ Sales Tax Registration
Packing Material/slip/label/sticker which is being pasted on packages
· Memorandum of Association of Company, Partnership Deed in case of Partnership Firm Import Export codes
· Passport size photographs of all directors/partners/proprietor
3. Packer Licence
· Licence for trade/manufacture/factory
Residential address proof of directors, partners like Voter ID, Passport etc.
· GST/ Sales Tax Registration
Packing material/slip/stickers/labels being pasted on packages
· MOA of company, Partnership Deed in case of Partnership firm Passport size photographs of all directors/partners/proprietor
Consequences/Penalties for non-compliance under the Legal Metrology Act, 2009
Non-compliance with the provisions of this Act and the Rules made thereunder may lead to hefty penalties. Few substantial penalties under this Act have been highlighted below:
Section Default Penalty
Punishable with fine which may extend to Rs.25,000/-
38
Non-registration by an importer of weight or measure
45 Manufacture of weight or measure without a Licence
For any subsequent offence, imprisonment for a term may extend to six months or fine or with both.
Punishable with the fine which may extend to Rs.20,000 & for a subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or with both.
46 Repair/Sale of weight or measure without a Licence
47
Tampering with Licence
Punishable with the fine which may extend to Rs.20,000 & for a subsequent offence, with imprisonment for a term which may extend to one year, or with fine, or both.
Punishable with the fine may extend to Rs.20,000 or with imprisonment for a term that may extend to one year or with both.
Contact Professional at ASC Group to obtain the Legal Metrology Registration for your products:
• Mobile: 9999043311
• Email: info@ascgroup.in
References: http://degs.org.in/wm/PackersRegs
https://megweights.gov.in/penalties.html, https://consumeraffairs.nic.in/organisation-and-units/division/legal-metrology/weights-and-measures https://megweights.gov.in/guidelines.html
https://megweights.gov.in/acts/Legal-Metrology-Act-2009.pdf
https://megweights.gov.in/acts/Legal-Metrology-General-Rules-2011.pdf
https://consumeraffairs.nic.in/organisation-and-units/division/legal-metrology/overview