June 21, 2022
Import and Export of Weights and Measures
The import and export of weights and measures are explained in the 5th chapter of the act, under which certain guidelines and instructions are given to import and export weight and measures within and outside the country. Importer Registration for weight and measurement is necessary. The guidelines which are provided by the act for export and import of weight and measures are given below:
Exporter and Importer Registration
- For the purpose, every dealer or manufacturer of weights and measures who wants to import or export any kind of weight or measure shall get himself registered and, for the purpose, he needs to apply to the director, through the controller of the state in which he carries on such business. He has to mention his name as an exporter or importer or both in his registration form.
- It is the responsibility of every importer who exports or imports weight and measures to comply with the rules and make an application within 90 days of such commencement to the director through the controller of the state in which he runs the business.
- An application received by the controller under the act shall be forwarded to the director with a report as to the antecedents and technical capabilities of the applicant.
- If the applicant does not comply with the rules or fails in the documentation process or if the director or controller finds any kind of doubt in the documents of the applicant, then the applicant will be informed by the director in writing that he cannot be registered as an importer or exporter or both. On receipt of such written confirmation, the applicant shall immediately stop importing or exporting any kind of weight or measure
- Application for importer and exporter shall be submitted to the director in a manner specified in the act along with the specified fee in the 12th schedule of the act at least one month before the date on which export or import has to be made.
- If the director is satisfied after an inquiry that the person concerned has had a reasonable opportunity to be heard and that any statement made by such applicant in the application for renewal of registration is false or incorrect in a material particular, all such applicant has conveyed the provision of the act or rules made their render or any terms or condition of such registration, then the renewal of the registration of a person or the registration of an applicant as the importer or exporter or both may be revoked or suspended before the expiry of the period of validity.
What are the conditions for manufacturers of weights & measures for export?
There are various conditions imposed on the manufacturer of weight and measure who wants to export the weight and measure exclusively. Such conditions are given below:
- The very first condition is that the provision of the rule shall apply to weights or measures which are made or manufactured only for export.
- No non-standard weight or measure shall be manufactured by any manufacturer without getting prior permission from the central government.
- The manufacturer has to ensure the bonafide carrying of the business of export of non-standard weight and measures.
- A manufacturer has to comply with all the rules and regulations to export any non-standard weight or measure.
- The manufacturer of weight or measure cannot export the weight or measure if he has received written confirmation from the Central Government that the permission to manufacture non-standard weight or measure cannot be granted to the applicant.
- Every manufacturer who wants to export or intends to export the weight or measure shall make an application for permission to the Central Government with the prescribed fee of Rs. 50 for such permission from the central government. The application of the manufacturer shall contain the following information:
- name of the applicant along with the full address of the applicant.
- The location of the factory in which such manufacturing is taking place or
- where the weight or measure is proposed to be manufactured.
- A proper description of the weight or measure proposed to be remanufactured.
- Documents or evidence indicating the existence of a firm contract for the export of weight and measure.
- In the case where there is no firm contract of export, documentary or gather evidence indicating that there is likely to be demand for the report of non-standard weight and measures.
- The Central Government may grant permission to the manufacturer to export the weight and measure only after.
- the satisfaction of the documents provided by the applicant along with the application, and
- the fee provided by the applicant with the application form. After being satisfied by the evidence produced by the applicant in his bonafide intention to manufacture non standard weight or measure for export, the central government may grant permission for such export.
- If the central government finds that.
- the application contradicts any term and condition of the act for the permission of weights or measures manufactured by the applicant in the Indian market, or
- If the applicant made any statement in the application which is false or incorrect in a material particular, then the permission given by the central government will result in cancellations of the permission.
- No permission shall be cancelled without giving the reasonable opportunity to the applicant to provide a valid explanation against the proposed action.
- Every permission granted under the act shall remain valid for one year. Same shall be renewed before the expiry of the permission with the prescribed fee to the central government.
- At the time of renewal, if the central government finds that.
- any information or the statement given by the applicant is false and incorrect in material particulars, or
- if the applicant has concealed some material facts, the permission for the renewal will be canceled by the central government.
- However, the opportunity of being heard will be given to the applicant.
- Every applicant or the manufacturer granted permission under the act shall submit.
- the statement of the quantity of non-standard weight and measures exported by him
- the particulars of the person to whom such export has been made.
- The report of the mentioned information shall be submitted to the central government at the end of the calendar year
- There is a prohibition on the sale of non-standard weight and measures within the country.
- Non-standard weights or measures are manufactured exclusively for export and the same should be sold, or otherwise distributed within the territory of the country.
Maintenance of record of non-standard weights and measures
- Any manufacturer of non-standard weight or measures for export should maintain the proper record every month of the manufacturing of non-standard weight or measures manufactured by him in a month.
- The manufacturer must maintain a record of the number of weights or measures already exported by him.
- The manufacturer shall maintain a record of the number of weights or measures in stock or under production.
- The records maintained by the manufacturer shall be open to inspection by any legal metrology officer or any other officer who is authorized by the central government on this behalf.
What is a sample check of weights and measures?
- The standard of weight and measures which are for the import is required for any kind of verification and stamping.
- In the case where the party to whom the export is to be made requires a sample checking of weight or measure,
- It shall be made by the agency as the central government may specify in this behalf.
- The agency shall, after checking the weight or measure, issue a certificate indicating whether such weight or measure confers the requirements of the act and the rules or not.
- As a sample under the rule, the weight or measure shall be checked and be selected at random, and a proper record shall be maintained of the weight and measure.
- While specifying the agency for checking the weight or measure, the central government shall ensure that the agency completes the checking on time. So that the export of weight or measures shall not be delayed because of checking by the agency.
Checking of non-standard weights and measures sample
- Checking of non-standard weight or measure samples shall be exported, which means non-standard weight or measure are exclusively manufactured for export.
- The non-standard weight or measure shall not be ordinarily required for any kind of stamping or verification.
- If the party to whom such export is made requires a sample check of such weight or measure, then it should be made to the agency as the central government may specify on this behalf.
- The Central Government may issue a certificate indicating whether or not such weight or measure conforms to the specification given by the party to whom such export is made.
- In case the party has not given any specification of weight or measure, according to the specification laid down by the manufacturer, the central government may issue a certificate after checking the weight or measures.
- The weight or measure shall be checked as a sample under the rule and the same shall:
- be selected at random.
- a proper record shall be maintained with regards to the sample checking.
- A proper fee for the checking of non-standard weight or measures shall be made by the manufacturer.
- In cases where the non-standard weight or measure is not similar to any standard weight or measure,
- The central government may specify such an amount as a fee for the labor involved in checking the non-standard way to measure.
- In case of similar standard weight or measure is verified, then an equal fee will be imposed for the verification of stamping of such weight or measure.
- While specifying the agency for checking the non-standard weight or measure the central government shall ensure the agency completes the checking on time. So that the export will take place on time without any delay caused by checking.