According to Section 19 of the Legal Metrology Act, 2009, any person importing any weight or
measure items should not be imported unless his/her business entity is registered with the Director of Legal Metrology. In the above stated line, the word “any person” is very important since it leaves no scope for any person to import the weight or measures without valid importer registration. It means whether the person is importing for commercial use or personal use or for reselling or for their own industrial consumption, everyone is squarely covered under the compliance of Section 19. Before the enactment of the Legal Metrology Act, 2009, there was Weight and Measurement Act, because of this
How is this importer registration different from the normal importer registration in the form of the Import-Export Code (IEC)?
The import and export code are mandatory registration under the foreign trade regulation act, without this registration you cannot register on the export-import portal of the DGFT and custom authorities which means it is the most essential thing for starting the export – imports. In addition to IEC, export-imports of different products attract different compliances under the other legislations to which generally the custom authorities called as “Allied Acts”, compliances of which are checked with the main act of Customs Act, 1962.
Accordingly, while custom clearance many kinds of compliances, licenses, approvals, NOCs & registrations are prescribed in addition to your import-export code. Likewise, the Legal Metrology Act, 2009 has mandated the registration of importers of weight and measurements in addition to their IEC code.
What is the procedure of obtaining weights & measurement importer’s registration
The procedure of registration of importer is prescribed under Rule 15 of the Legal Metrology (General) Rules, 2011. The application for weight & measurement certificate for importers can be made before the Director of Legal Metrology, Central Government through the controller of the state. The application must be accompanied by the following documents:
- Business entity details of importer
- GST Certificate of Importer
- IEC Code
- NOC from foreign supplier of weight or measures
- Letter of Undertaking by the Applicant
- Details of the items to be imported
- Dealers license from local state Legal Metrology Department
- Inspection by the concerned authorities
Once you successfully filed an application, the State Government shall conduct the inspection & verification of the importer, after the verification shall forward your application to the Director of Legal Metrology, Central Government. The registration must be applied 30 days before the commencement of the import of goods. The application for registration is filed in schedule X under rule 15 of the Legal Metrology (General) Rules, 2011, and obtained under Section 19 of the Act.
Cancellation of Registration of Importer
The registration or renewal of the registration of a person as an importer may be suspended or revoked before the expiry of the period of validity thereof, if the Director is satisfied after an inquiry, and after giving to the person concerned one month notice of being heard, that any statement made by such person in the application for registration or renewal of registration was false or incorrect in material particulars or that such person has contravened any provision the Act or rules made there under or any term or condition of such registration.
Validity & Renewal of Importer Certificate of weights & Measurements
The validity of importer registration is for a minimum of 1 year to a maximum of 5 years.
Whoever imports any weighing or measuring instruments to do business in the Indian market
without being a registered importer under the Legal Metrology Act, 2009 shall be punished with a fine which may extend to Rs. 25,000 and for a subsequent offence, with imprisonment for a term up to six months, or with fine, or with both.
Problems in Custom Clearance if you don’t obtain weight & measurements certificate
At the time of Custom Clearance, the custom appraiser or examiner may ask you to submit the copy of weight and measurement certificate along with the copy of model approval of the weight or measurement item which you have imported. Such a situation generally becomes the most panic event for any importer. Moreover, the procedure of getting the importer registration is not completely online and it does involve the intervention of both the State and Central Government which makes the process difficult and lengthy for any person. Further the process of model approval does also take 45-60 days, which again becomes an impractical situation for any importer especially when the goods are lying on the port because in such a situation till the time importer does not get the registrations done the detention demurrages keep on charging on importer.