Legal Metrology Act Registration

Legal Metrology Act Registration is applicable for many businesses under the Ministry of Consumer Affairs. The objectives of the act are accuracy and security of weights and measurement. The act is applicable under two capacities: Manufacturer and Importer.

The term legal metrology is a part of metrology treating units of weight and measurement of instruments having the aim of ensuring public guarantee from security and accuracy of weight and measurements.

There are four types of metrology registration departments i.e., model approval, packaged commodity registration, import license and dealership license. The application before the director or controller is made within ninety days from the commencing of the pre-packing or importing.

Elements of Legal Metrology Act Registration

The two capacities of metrology are as follows:

• Manufacturer

A person manufacturing the weight or measure of one or more parts after assembling the parts for making the end product. A person who does not manufacture weight or measure but assembles parts. A person who puts or causes to be put with own mark on any complete weight or measure made or manufactured.

• Importer

A person who sells, supplies, and distributes delivers any weight or measure manufactured by him to any person other than a dealer.

The certificate of registration is divided into the four following departments:

• Model Approval Certificate

The certificate of Legal Metrology Act Registration is granted by the central government and applies to products falling underweight measurement category. The sample is submitted in the lab to check whether it is as per the Indian standards.

• Packaged Commodity Registration

It is applicable for all packaged commodities retailed for end consumers. The importers or manufacturers provide the product information on packaged goods. The guidelines must be followed and granted by both state and central governments.

• Import License

Approval is needed for the import license by the department. The registration is granted by the state government where goods are imported.

• Dealership License

If the importer for selling with a brand name and applying for a dealership license from the department. The Legal Metrology Act Registration is granted by the central or state government where the company is registered.

Step 1: Preparation of application with respective drafts

Step 2: Filling and Submission of application form online

Step 3: The documents required with the application form and prescribed fees.

Step 4: Issuing the Unique Application Identification Number (UAIN)

Step 5: The application received at Facilitator level-I scrutinizing the application with all the attachments and after making payments.

Step 6: An application is passed for officer level conducting an inspection and responsible for submitting the inspection report.

Step 7: The application for Legal Metrology Act Registration is approved or rejected by the controller of legal metrology online registration Kerala department based on the accuracy of the application and inspection report.

Documents Required for Legal Metrology Registration

The given list of documents for registration is as follows:

• Photographs, evidence of identity and evidence of address of the applicant or partners
• Proof of the date of birth of applicant’s
• Ownership document by the owner or rent document
• Map of the specific location
• Partnership deed of Partnership firm
• A model approval certificate by the director of legal metrology, Government of India as per the legal metrology general rules, 2011 for the proposed weighing and measuring apparatus.
• In case of no objections to Legal Metrology Act Registration, a certificate is required from the environmental control board.
• List of machines and tools
• Affidavit of following legal provisions and controller’s instructions
• Affidavit of never convicted of a crime and no criminal proceedings is pending in the court.
• A Factory or shop establishment trade license is required
• Copy of GST registration
• Import-Export code certificate
• PAN card copy

Legal Metrology Rules

The department of consumer affairs issued the Amendment rules, 2011 as follows:

• The packages for retail sale are together for sold as a retail package on promotional offer complying with the procedure for declaring unit sale price in the package
• Rule 5 of Legal Metrology Act Registration for specific commodities packed and sold in standard packages is deleted
• The government mandatory declaration of the maximum retail price in Indian currency with all taxes on pre-packaged commodities and manufacturing date
• Provisions of declarations of MRP are simplified by removing and providing for making the mandatory declaration in Indian currency.
• A new provision for indicating the unit sale price on pre-packed commodities with allowing comparison of the prices at the time of purchase.
• A dealer is a person who carries the business of buying and selling weight or measure in cash or payment for commission, and remuneration, including agent, importer, or manufacturer.

Benefits of Legal Metrology Act Registration

Transparency is very important for creating a balance between customers and traders. The benefits are given below:

• Reducing the cost of transactions

  Bad measuring has an impact on enterprises and consumers and is also expensive. The measurements are performed correctly with all the requirements of the act.

• Supporting Trade

  It is in charge of policing illegal or unfair trade activities. The aim is to ensure measuring instruments are in functioning order and fulfill their intended purpose.

• Government funds

  The taxes on the measurement are used by the government for generating money. The act ensures that neither the government is treated unfairly for tax payments.

• Trade barriers are reduced on a technical level

  The Legal Metrology Act Registration reduces the burden of technical restrictions and improves confidence and clarity. It can also avoid the hurdles in the application and assessment of technical rules, standards and assessment procedures.

• Increase Consumer Confidence

  The customers are obtaining a product that is confirmed as per the norms of the particular leading to a strong trading connection.

Penalties under Legal Metrology Act, 2009

The penalties are as follows:

• Penalty for using a non-standard weight/measure

  There is a penalty of up to 25000 and up to 6 months of imprisonment for continuing offence.

• Penalty for manufacturing or selling of non-standard weight/measure

  There is a penalty of up to 25000 and up to 3 years of imprisonment for continuing offence.

• Penalty for failure for obtaining model approval in Legal Metrology Act Registration

  There is a penalty of up to 25000 and up to 1 year of imprisonment for continuing offence or both.

• Penalty for sale of non-standard packages

  There is a penalty of up to 50000 and a maximum of 1 lakh or 1 year of imprisonment for continuing offence or both.

• Penalty for non-registration by an importer of weight/measure

  There is a penalty of up to 25000 and up to 6 months of imprisonment for continuing offence or both.

• Penalty for the manufacturer of weight and measure without having a license

  There is a penalty of up to 25000 and up to 1 year of imprisonment for continuing offence or both.