Do you know how to file an Appeal Under the Legal Metrology Act? If not, we have mentioned all the details you need to know here. Usually, this is a common concern for manufacturers, importers, or sellers who face penalties under this law. The Legal Metrology Act regulates the packaging, labelling, and weight standards of products in India. Suppose a business believes that an order issued by a legal metrology officer, such as a fine, license suspension, or product seizure, is unfair or incorrect. In that case, they have the right to appeal. This blog will help you understand the procedure to file an appeal under the Legal Metrology Act easily.
What is an Appeal Under the Legal Metrology Act?
An appeal under the Legal Metrology Act is a legal step that a person or business can take if they are unhappy or dissatisfied with an order or decision made by a legal metrology officer or authority. It means you are requesting a higher official or appellate authority to take a fresh look at your case because you believe the original decision was wrong, unfair, or not as per the law. This appeal is made in written form and should be submitted within a certain time limit.
When Can You File An Appeal Under the Legal Metrology Act?
You can file an appeal under the Legal Metrology Act when you are not satisfied with an order or decision made by a legal metrology officer, inspector, or controller. This includes situations:
- A penalty or fine is imposed on you
- Your license or registration is cancelled or suspended
- Your LMPC certificate is denied or revoked
- Your products are seized due to labelling or measurement issues
- Any other action taken that you believe is unfair, incorrect, or against the rules
Who Can File An Appeal Under The Legal Metrology Act In India?
If you’re involved in activities related to manufacturing, importing, packaging, selling, or distributing products that come under the LM Act, then you are expected to follow these rules. Check the table to know who can file an appeal under the Legal Metrology Act in India:
| S.No. | Eligible to File Appeal | Description |
|---|---|---|
| 1. | Manufacturer | If a factory or company is making packaged products, it faces action under the Act |
| 2. | Importer | If an importer’s LMPC certificate is cancelled, or goods are seized at customs |
| 3. | Packer | If the packer of goods is responsible for incorrect labeling or weight |
| 4. | Seller/Distributor | If a retailer or wholesaler is found for selling a non-compliant product |
| 5. | Authorized Representative | If a legal agent or consultant is appointed to represent the affected party |
| 6. | Any Aggrieved Person | Anyone directly impacted by a legal metrology order in India |
Which Authority Handles the Appeal Under the Legal Metrology Act?
The authority that handles the appeal under the Legal Metrology Act depends on who passed the original order. In easy words, the appeal is always handled by a higher officer than the one who gave the original decision.
- If the order was passed by a legal metrology inspector or officer, then the appeal is usually handled by the controller of legal metrology in the state.
- If the order was passed by the controller, then the appeal goes to the director of Legal Metrology Certificate at the central government level.
- In few cases, if someone is still not satisfied with the decision of the director, they can file a second appeal in the high court.
What Is the Time Limit To File An Appeal Under the Legal Metrology Act?
The time limit to file an appeal under the Legal Metrology Act is generally 60 days from the date when the original order or decision was received by the affected person or business.
What Are The Documents Required To File An Appeal Under the Legal Metrology Act?
- Copy of the Order
- Appeal Application
- Grounds of Appeal
- Proof of Legal Metrology certificate Registration/License
- Supporting Documents of Evidence
- Authorization Letter of Power of Attorney
- Identity Proof of the Appellant
- Inspection Report
- Reply Submitted to the Department
- Proof of Compliance
- Purchase Invoice
- Test Certificate or Calibration Records
- Photographs
- Address Proof of the Business or Individual
- Affidavit or Declaration
- Covering Letter
- Previous Correspondence with the Department
- Fee Receipt
What Is The Procedure To File An Appeal Under the Legal Metrology Act?
Check our step-by-step, easy procedure to file an appeal under the Legal Metrology Act; all the steps are mentioned below:
- Understand the reason for appeal – Check the order you are challenging (penalty, certificate cancellation, product seizure, etc.), Name and designation of the officer who passed the order, and the date when the order was received.
- Identify the Correct Appellate Authority – The appeal must be filed before a higher authority. Please see the table:
| S.No. | If the Order Was Issued By | File an Appeal With |
|---|---|---|
| 1. | Legal Metrology Officer/Inspector | Controller of Legal Metrology (State) |
| 2. | Controller of Legal Metrology | Director of Legal Metrology (Central Govt.) |
| 3. | Director of Legal Metrology | High Court (as a second appeal, in special cases) |
- Draft the Appeal Application (Memorandum of Appeal) – Prepare a written application stating:
- Your business or personal
- Order number, date, officer’s name
- Detailed reason why the order should be reviewed
- What do you want the appellate authority to do (cancel fine, restore certificate, etc)
- Collect all Supporting Documents – We have created a document list; please check the answer given above.
- Pay Appeal Fee – Some states or authorities may charge an appeal fee. Pay the amount via a challan, a demand draft, or as instructed, and attach the receipt to your appeal.
- Submit the Appeal – Now, you have to submit your appeal to the correct appellate authority.
- Attend the Hearing (If Called) – If it is required, the authority will call you for a personal hearing to explain your side. You can attend yourself or through your authorised representative.
- Receive the Final Decision – In the end, after evaluation, the appellate authority will:
- Upload the original order
- Modify it
- Cancel or withdraw the earlier decision
What Fees Are Involved in Filing An Appeal Under the Legal Metrology Act?
When it comes to the fee that is involved in filing an appeal under the Legal Metrology Act, it usually varies according to different procedures and many reasons. It’s advised that you consult with a regulatory consultancy to get it done as early as possible.
What Are The Common Reasons For Appeal Rejection Under The Legal Metrology Act?
An appeal under the Legal Metrology Act can be rejected for several common reasons. This usually happens when the rules or requirements for filing an appeal are not completely followed. Check the mentioned reason why appeals get rejected:
- Late submission
- Incomplete Appeal
- Missing Documents
- No Strong Reason
- Wrong Appeal Authority
- No Effort to Comply
- Appeal by Unauthorized Person
- False Information
Why Choose ELT Corporate To Help File An Appeal Under the Legal Metrology Act?
ELT Corporate is the best regulatory consultancy present in India. If you’re confused about how to file an appeal under the Legal Metrology Act, then you must choose ELT.
- Expert Guidance
- Complete Documentation Support
- Proper Drafting of Appeal
- Timeline Filling Assistance
- Representation and Follow Up
- Trusted Experience
Is There A Time Limit To File An Appeal Under The Legal Metrology Act?
Yes, there’s a time limit to file an appeal under the Legal Metrology Act, that is 60 days from the date you received the original order.
Can I File An Appeal If My LMPC Certificate Is Cancelled?
Yes, you can file an appeal if your LMPC Certificate is cancelled or revoked by the authority.
