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Importer Registration

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. 

Model Approval

As per section 22 of the Legal Metrology Act, 2009 the Legal Metrology Department issued approval for the model. Model Approval in India under the legal metrology Act 2009 is a certificate issued to the manufacturer and importer for approving the weight and measurement products. This certificate indicates that the product is as per the Indian metrological standards. According to section 22 of the Legal Metrology Act the manufacturer or importer of the product has to obtain the model approval from the central government through its Department of Legal Metrology, Ministry of Consumer Affairs, Food & Public Distribution, located in Delhi. Without valid model approval usage or selling or manufacturing or importing of any kind of weight or measure is illegal. 

The model approval is required by two kinds of applicants: 

  1. manufacturer and  

  1. importer of weight and measuring products can get the model approval.  

Any person who is a manufacturer or importer who wants to obtain the Model Approval can consult ELT Consultants of Legal Metrology for an accurate and fast process. 

Approval of Model Under Section 22 of Legal Metrology Act, 2009 

The Legal Metrology Act, 2009 states the process and everything about the model approval which has to be obtained by the manufacturer or the importer while dealing in the Indian legal metrology. Section 22 of the Act states the following: 

  1. Every person before manufacturing or importing any kind of weight or measure shall seek the approval of a model of such weight or measure from the Legal Metrology Department, Central Government, Delhi. 

  1. For the approval of the model of weight and measure the applicant is required to pay the prescribed fee as described by the concerned authority. 

On what items Model Approval Under Legal Metrology is not Required?

Approval of the model may not be required in the following cases:  

  1. in case of any cast iron 

  2. Brass 

  3. Bullions 

  4. Carat weight 

  5. Midscale 

  6. Length measures (not measuring tapes) 

  7. Which are ordinarily used in retail trade for measuring textiles or Timbers  

  8. Capacity measures (Not exceeding 20 liters incapacity)  

  9. Which are ordinarily used in retail trade for measuring 

    1. kerosene, 
    2. milk, or 
    3. postal liquors 

Model Approvals on the Basis of the foreign model approvals

If the prescribed authority is satisfied that the model of weight or measure has been provided in any country outside India conforms to standards established by or under the act of legal metrology, the prescribed authority may approve such model without any test or after the test if he may deem fit which means that if the model approval, in any case, is approved outside India under the act of legal metrology then the respective authority needs not to require any kind of test of weight or measure to provide the model approval. But it is just an option available with the authority if in case authority deems fit that the tests should still be conducted of the weight and measure then the authority can do so.

How to obtain model approval under legal metrology? 

The model approval to the applicant will be issued only if the product meets the Indian metrology standards. However, the standard application process includes the following: 

  1. Documentations/ document submissions 

  1. Application filing 

  2. Sample testing 

Process of Getting Model Approval in India 

To get the model approval the Legal Metrology of India has provided 2 methods that are based on the two factors. The first one is whether the applicant is an Importer or the applicant is a Manufacturer. The process of getting model approval in India is given below: 

Model Approval for Manufacturer

If the applicant for the model approval is a manufacturer, then it is mandatory to get the product test by the Directorate General of the Legal Metrology Department of India. The steps for the manufacturer to obtain the model approval in India are given below: 

  1. Fill out the application form 

  1. Have all the required documents 

  1. Submit the application form along with all the documents 

  1. Submit the sample product to the legal metrology department 

  1. The department of Legal Metrology will conduct the initial inspection of the documents 

  1. After the inspection of the documents is done the department will forward this sample to its laboratory concerned for testing 

  1. If the department of Legal Metrology finds the product is fit and as per the regulatory requirements then the manufacturer will get a Legal Metrology certificate for the model approval. 

Model Approval for an Importer 

If the applicant for the model approval is an importer, then in such case the testing of the product is not required and the Process which has to be complied with by the importer is given below: 

  1. Fill out the application form 

  1. Have all the required documents handy 

  1. Submit the application form along with all the required documents to the Legal Metrology department 

  1. Provide this sample of the product to the legal metrology department  

  1. The department of Legal Metrology will inspect all the documents of the applicant 

  1. In case no error is found in the document submitted by the importer the model approval certificate will be issued to the importer. 

Documents Required for Model Approval in India

To get the model approval in India the applicant is required to provide the following documents: 

  1. Certificate of Incorporation 

  1. Two passport size photographs of the applicant 

  1. Description of sealing provisions of the product 

  1. Other business licenses about the applicant's business 

  1. Application form 

  1. Diagram of weight and measuring product  

  1. If the applicant is an importer, then he must provide the declaration which states that no changes were made to the product before its sale in India  

  1. Receipt of model approval fees details of the Display Panel of the package  

Eligibility Criteria for Model Approval Under Legal Metrology  

Under the Rules and Regulations of the legal metrology model approval, the manufacturer or the importer needs to meet the regulatory requirements of the legal metrology department. Only after the proper compliance with the act, the applicant will get the approval to deal in the Indian market. 

Conclusion 

There are two ways of model approval of measure and weight under the Legal Metrology. The approval is given by the Legal Metrology Department, Central Government, Delhi. Any manufacturer or importer can get the model approval in two ways and the two ways as described above. Any person who is a manufacturer or any person who is an importer who is importing any kind of prepacked commodity anywhere from outside India need to require to get the model approval from Central Government. If there is already the approval given to the weight or measure outside the country under the same act of Legal Metrology, then if the authorized authority may want to test the model, then they can test the model otherwise according to their wish if the they deem fit then the tests of the model is not necessary. 

There are two kinds of model approval which describe the proper procedure under the act with the specified fees given under the act of legal metrology Rules, 2009 and the prescribed manner of the test which has to be done by the central government. If any person who wishes to deal with Legal Metrology commodities in the Indian market has to take the model approval from the authorized authority if in case you want to get any kind of assistance then none other than the group of ELT Consultant of Legal Metrology can help you out in a fruitful way. 

Dealer License

The selling of any weight and measurement items in India is regulated under the Legal Metrology Act, 2009. The free sales of any weight and measurement items in India is not allowed, but it is regulated by the respective State Governments in which the seller of such weight and measurement items is operating its business. Under section 23, of the Legal Metrology Act, 2009. Every dealer of weight and measurement items must obtain the license from its respective zonal of the Legal Metrology Department of its state. Before commencing the sales of any weight and measurement items.

It is pertaining to note that any importer of weighing and measuring items does also require to obtain the dealer license. It may be possible that any importer of weighing and measuring instruments may be able to import such weight and measurement items in India without the requirements of dealership license, but to sell such weight and measurement items it will certainly require the dealer license.

What is the procedure of obtaining a dealer license?

The dealer license obtained under section 23, of the Legal Metrology Act, 2009, this is  issued by the states controller of the Legal Metrology Department of the respective states in which such a dealer is operating his business. In India, many of the State Governments have the online procedure for applying the dealer and some of the states have the offline procedure. But in all cases the procedure of issuance of the dealer licence is not completely online. As it involves inspection by the local state Legal Metrology Officers. Only after the physical verification of the document Legal Metrology Officer will generally recommend the application for the final issuance of licence. Many of the states while applying for the dealer licence ask for the copy of the dealership Agreement from the original equipment manufacturer for which the dealer is applying for the dealer licence. Further, the Government Authority may also ask for the copy of Non Objection Certificate (NOC) from the manufacturer of weight and measurement items.

Apart from the documents, the Legal Metrology Officer will also ask whether the address on which the dealer licence is applied is commercial address or the residential address as the commercial address is generally acceptable by the Legal Metrology Department.

What documents are required for obtaining a dealer licence?

  • Business Proof of the Applicant Entity.
  • PAN & GST of the Applicant Entity,
  • PAN & Aadhaar of promoters of the Applicant Entity.
  • NOC from the landlord of the Applicant Entity in case of rented business premises.
  • Copy of duly registered rent agreement in case of rented business premises.
  • NOC from the (Original manufacturer of weighing and measuring instruments whose goods the dealer will selling).
  • Dealership Agreement with the (Original manufacturer of weighing and measuring instruments whose goods the dealers will selling).
  • Copy of Model Approval of the weight or measure which you intends to sell.

What are the compliances after obtaining the dealer licence?

Apply Online Legal Metrology Dealer Licence through ELT Consultants.

Every dealer registered under the Legal Metrology Act, 2009 must keep the prescribed records of selling any weight and measurement items. Every dealer must take care that (He/She) sells only those weighing and measuring items which are duly model approved by the Ministry of Central Legal Metrology Department and such weighing and measuring items must be duly stamped and verified under section 24, of the Legal Metrology Act, 2009.

How can we help you in obtaining a dealer licence?

ELT consultants having its presence Pan India virtually and through its associates, have the robust system of providing quick Legal Metrology services. So far we have been successful in obtaining 1000 plus dealership licences across the states of Maharashtra, Uttar Pradesh, Gujarat, Karnataka, Delhi NCR. We are one of the best Legal Metrology consultants in Delhi NCR, Maharashtra, Uttar Pradesh, Karnataka and Gujarat.

Our experts help you advise, guide & prepare technical documentation, tell you about how to tackle the inspections etc.

 

 

Manufacturing License

The Legal Metrology Act was established to enforce standards of weight and measure and other goods which are sold or distributed by way of measuring to regulate trade and commerce in weight & measure. As we all are aware that in today's world measurement is a part of our daily lives, as we control and check the speed of vehicles while driving so that we can ensure safety and save ourselves from road casualties. We buy suitable products only after measuring their weight such as fruits, vegetables, meat, fish, etc. is also a part of the measurement only. 

The volume of fuel is required to run a car is also a measurement and the medical checks to ensure the health is also the part of the measurement which tells that all of our deals with the measurement of the commodity on regular basis in our day-to-day life in one or the other way but most of us are not aware that all these things are the part of the measurement. 

Any person who is a manufacturer, dealer, repairer, or importer is dealing in the way to measure and selling the products or any kind of weight or measure or commodity in the Indian market needs a proper license to sell such commodity in the market. 

Manufacturing License Under Section 23 of Legal Metrology 

  1. Section 23 of the Act prohibits the manufacturing, repairing, and sale of weight or measure without a license.   

  1. No person is allowed to repair, sell, offer, expose or possess, or manufacture for sale or repair of any weight or measure without having a license issued by the Controller under the Act.   

  1. As per section 23 of the Act, the license is issued by the controller in such a form and manner, with some conditions, for the prescribed, and only for the area of jurisdiction after the payment of fees prescribed under the act.  

 

Weight and Measurement License for Manufacturer, Importer, and Repairer

Every person who is dealing as a manufacturer, importer, repair, or dealer, has to take the license to sell, manufacture, and import or repair such commodity. Every manufacturer has to apply with the Controller Legal Metrology or any other officer as may be authorized by him in this regard. 

The application has to be filed in an appropriate set of forms prescribed under schedule II-A, which says that the manufacturer need not to take the license to repair the weight or measure which is manufactured by him and the same is used in the state other than the state where he has manufactured such commodity but the manufacturer must inform the concerned Legal Metrology officer about the repairing of the commodity. 

Schedule VI of Legal Metrology Act

The non-tribal paper, dealer, and all manufacturer whomsoever operate their business in the VI scheduled areas of Meghalaya have to apply for the trading license from their respective autonomous District Council of this state of Meghalaya.

Schedule II-b of Legal Metrology Act

Under these schedule II-B of the Act, the manufacturer, dealer, or repair of weight and measure have to make a renewal application to the Controller Legal Metrology or any other officer prescribed by him in this regard for the renewal of license, and the application shall be made within 30 days before the expiry of the validity of the license.

Schedule III of Legal Metrology Act

Under schedule III of the act, the appropriate form is prescribed for the license to any repairer, dealer, or manufacturer of the weight or measure. 

The license shall be issued by the controller or any other officer authorized by him. 

Schedule IV of Legal Metrology Act

  1. The fee for the license of manufacturing, repairing, or importing the weight or measure shall be made in a prescribed amount specified in schedule IV of the Act. 

  1. Any alteration which is likely to be made in the license or in case of the issuance of a duplicate license the fee shall be 1/2 of the license fee as given under schedule IV of the Act. 

  1. Renewal of a license can be done within three months from the date of expiry of the license. 

  1. Where the controller permits the applicant to make an application for renewal of license, the additional fee specified in schedule IV Shelby is born by the applicant. 

Schedule V of Legal Metrology Act

  1. The Controller or director has to maintain the register of a licensed manufacturer, repairer, and dealer, as prescribed under Schedule V of the Act.   

  1. No manufacturer, repairer, or dealer, is allowed to resale or transfer the license to any other person under the act. 

Schedule VI of Legal Metrology Act

  1. Under schedule VI every repairer who is getting the license to repair the commodity under the act is bound to furnish a security deposit for each license to the state government. 

  1. In compliance with the Terms and Conditions of the license every repairer, dealer, or manufacturer shall maintain the equipment, registers, tools, workshop, etc. of the weight or measure.  

Manufacturer License Validity and Fee

A license to a repairer, dealer, or manufacturer shall be valid for a period not less than one calendar year. Later on, which may be renewed for a period of one year which may extend up to five years. 

How to Apply for a License for a Manufacturer?

Every applicant shall submit the prescribed documents and information to the controller or director, offices of the legal metrology in a prescribed form (Form LM-1). 

The following documents are required to apply for the license of the manufacturer:  

  1. Two passport size photographs of the applicant   

  1. From competent authority 

  1. Identity proof of the applicant   

  1. Employee copies of appointment letter   

  1. Passport size photographs of employees   

  1. Qualification and experience certificate of employees (if any)   

  1. Document proof of ownership of the applicant 

  1. Certificate of Registration of industry 

  1. Constitution in case of partnership firm or sole proprietorship 

  1. Registered document in case of company register certificate under Companies Act 

  1. Copy of memorandum of association, and 

  1. Article of association in case of the registered company.   

  1. Model approval certificate 

  1. GST registration certificate 

  1. Valid labor license 

  1. Tools, accessories, and machinery list with their purchase bill 

  1. Professional tax registration certificate 

  1. Test weights purchase bill in case of new verification Certificate 

Documents Required for License of Repairing Weight and Measure

Every applicant who is a repairer has to apply for the prescribed form (Form-LR-1) along with the following documents:

  1. Two passport size photographs 

  1. From competent authority 

  1. Identity proof 

  1. Document proof of ownership 

  1. Certificate of Registration of industry 

  1. Constitution in case of proprietorship or partnership firm 

  1. Memorandum of association and article of association in case of the company 

  1. Copy of employees' appointment letters along with their photographs 

  1. Purchase bills of machinery, accessories, and tools 

  1. GST registration certificate 

  1. In case of new verification certificate test weight purchase bills are required 

  1. Professional tax registration certificate 

  1. Valid labor license 

Documents Required for Renewal of License

Every applicant has to make an application under the prescribed form (Form LM-2) along with the following documents for the renewal of the license: 

  1. Original manufacturer license 

  1. Professional tax registration 

  1. GST registration 

  1. Verification certificate of test weight 

  1. Labor license 

  1. The valid trading license in case of non-tribal 

  1. Original repairer license in case the applicant is a repairer 

  1. Original dealer license in a case where the applicant is a dealer.

Registration for manufacture of non-standard weights

Any weights or measures used in India needs to be in accordance with the prescribed matric system of Indian Legal Metrology Act, 2009.  To denote the weights, in India we use the measuring units of Gram, Kilogram etc.  To denote the measurements, in India we use the measuring units of centimeters, meters etc.  To indicate the weight of any item we do not use “Pound” as weighing unit whereas in other countries like in a European Continent Pound is widely used to denote the weight of any item but the use of Pound can be said as non-standard weights or measures because it is not prescribed under the Indian Legal Metrology System.   

Why is the manufacturing of non-standard weight or measures prohibited?  In what cases may it be allowed by the Government? 

As we all are aware that the manufacturing of Non-Standard Weight or Measures cannot be registered, and the same is liable for the penalty if any case person is found dealing in the Indian Market with the non-standard weight or measure. However, there are certain exceptions to its registration for manufacturing Non-Standard Weight or Measure can be done if such Non-Standard Weight or Measure for Scientific Investigation.  

Chapter VI of Legal Metrology (General) Rules, 2011 specifies that Non-Standard Weight or Measure are to be used for Scientific Investigation or Research. It means a weight or measure which is, or is proposed to be, manufactured any unit of weight or measure, other than a standard unit of weight or measure is specified under the Legal Metrology Act. 

Manufacture who deals in a Standard weight and measure can deal in the Indian Market under the Act, but the manufacturer who takes the permission for the Non-standard weight or measure can only manufacture for the purpose of Scientific Investigation or Research or exclusively for imports.  

Permission for Manufacturing Non-standard Weight or Measure  

  1. The manufacturer who is dealing in any non-standard weight or measure for Scientific Investigation or Research has to make an application to the Central Government of India to get such non-standard weight or measure manufactured.  

  1. After receiving the application from the manufacturer, the Central Government on its satisfaction that the manufacturing of such non-standard weight or measure is needed for Scientific Investigation only, may authorize the applicant to get the non-standard weight or measure manufactured by such manufacturer.  

Registration of Manufacture Non-standard Weight or Measure

  1. There are certain conditions for the registration of manufacture the non-standard weight or measure exclusively for scientific research or scientific investigation shall apply to the weight or measures which are made or manufactured exclusively for scientific investigation or research only  

  1. It is not allowed for any manufacturer to make non-standard measures unless he has obtained the previous permission from the Central Government of India.  

  1. Any person who intends to manufacture any non-standard weight or measure only for scientific investigation or research shall make an application for the permission from the Central Government and the application has to be made to the Central Government only  

Permission by Central Government to Manufacture Non-standard Weight or Measure

Applicants have to make an application to the Central Government for the registration of non-standard weight and measures.  

The manufacturer or any person who intends to manufacture any non-standard weight or measure has to make an application to the Central Government to take the permission or registration for manufacturing non-standard weight or measure and such application should contain the followings:  

  1. Name of the manufacturer  

  2. Address of the manufacturer  

  3. Location of the factory in which such weight or measure is proposed to be manufactured.  

  4. The proper description of weight or measure proposed to the manufactured.   

  5. Indicating the existence of a firm contract for the scientific investigation.  

  6. Any other evidence indicating the existence of a firm contract for the scientific investigation, or  

  7. Research which has turned into scientific investigation,  

  8. Any other evidence indicating that there is likely to be a demand for the scientific investigation only in case:  

    • There is no such firm contract for scientific investigation or research,  
    • In absence of the Research on non-standard weight or measure,   
    • If any other document is not available with the manufacturer. 

When Central Government Give Permission to Manufacture Non-standard Weight or Measure?

Central Government may grant the permission under the following situation:  

  1. The Central Government may grant permission to the manufacturer only after getting satisfied with the facts of the application made by the applicant.  

  1. Only if the Central Government gets satisfied with the documentary produced by the applicant, or  

  1. Other evidence which is produced by the applicant, or otherwise  

  1. After getting the proper satisfaction that the manufacturer or an applicant intent to manufacture such non-standard weight or measure for scientific investigation or research only, Central Government may grant the permission and authorize the manufacturer to manufacture such weight or measure.

When Central Government Can Cancel the Registration for Manufacturing Non-weightn or Measures? 

The Central Government may cancel the permission for the registration for manufacturing non-standard weight and measure in the following circumstances:  

  • If the central government found that the applicant has contravened any terms and conditions of the permission.  
  • If the central government found that weight or measures manufactured by the applicant have found their way into the Indian market which means such weight and measurement are dealing into the Indian market instead of the scientific investigation.  
  • If the Central Government found that the applicant had made any statement in his application for permission which is false and incorrect in material particulars.  
  • If the central government found that the applicant has concealed some material facts, it may cancel the permission to manufacture the non-standard way to measure.  

Validity of the Permission to Manufacture Non-standard Weight and Measure 

  1. The validity of the permission given by the central government to manufacture any non-standard weight or measure is one year. However, the same can be renewed for another year on payment of the prescribed fee for the registration.  

  1. The renewal of such registration can be done only if there is no refusal to renew a license shall be made by the Central Government except after giving the applicant one month's notice of showing costs against the proposed action.  

Quantity Statement of Non-standard Weight or Measure

Every applicant or the manufacturer who is granted permission under the act by the Central Government shall submit the statement at the end of the calendar year, statement shall include the following:  

  1. The quantity of the non-standard weight and measures sold by him, and  

  1. The particulars of the person to whom such sale has been made  

A proper report shall be given to the Central Government at the end of the calendar year by the manufacturer of the non-standard weight or measures.  

What are the consequences of manufacturing non-standard Weight and Measurement?

A person can take the permission from the Central Government if he is manufacturing the non-standard weight or measure only in the case where such non-standard weight or measure for scientific investigation, other than this reason no person or manufacturer can get permission from any authority of the country to manufacture the non-standard weight or measure.  

If any person found guilty of manufacturing the non-standard weight or measure to deal in the Indian market shall be liable for the punishment and the fine under the act. After taking the permission from the Central Government to manufacture non-standard weight or measure if any applicant is found to deal in the Indian market or found guilty of hiding any fact or telling any wrong fact will lead to the cancellation of his registration or permission to manufacture the non-standard weight or measure for scientific investigation.  

Packer & Manufacturer Registration

An application made under Rule 27 of the Legal Metrology Packaged Commodities Rules, 2011 to the Director or the Controller for all pre-packed commodities which are meant for end customers. Under the above-mentioned rule, every packer / manufacturer / importer of the pre-packed commodity rules does require Packer Registration.  

Who requires Packer Registration? 

Under Rule 6 of PCR, 2011 it is the responsibility of every packer to make mandatory declarations prescribed under the PCR. Normally when you import the pre-packed commodity, you must ensure that the packaging of the imported commodity must be in compliance with the PCR, 2011 under the Legal Metrology Act, 2009.    

How can I get License for Packing in India? Procedure of Obtaining Packer Certificate 

The power of granting packer registration is vested with the state government as well as the central government. Packaging License / Registration is granted by the Department of Legal Metrology.  You have the option to either obtain the same from the State Government or from the Central Government. If you opt for the State Government’s Packaging Registration then many of the States has the online procedure and some of the States has offline procedure for applying the Packaging Registration wherein it is pertinent to note that the grant procedure does involve the offline activities like inspection of your packaging premises and collection of your packaging labels and designs by the Legal Metrology Inspector. 

Difference between the State and Central Packaging Registration 

Since the Legal Metrology Law is a consumer law which comes under the concurrent list of the Constitution of India, both the Governments – State & Central has the powers to deal with the Legal Metrology matters.  In India, the Legal Metrology Act, 2009 is centrally legislated Act wherein the powers of granting Legal Metrology Certificate / Registrations / Licenses are vested in both State and the Central Government but the power of granting model approvals and the importer registration of the weight and measurement items is exclusively held with the Central Government.  In the case of multi-state packaging activity, central registration shall be mandatory. 

What is the validity of the Legal Metrology Packaging Certificate? 

The validity period of the various Licenses / Registration under Legal Metrology varies.  Since every state in India has its own set of Legal Metrology Enforcement Rules under which every state has elected its own rules regarding the validity period of the License, the renewal process of the License etc. The packaging grant by the Central Government has lifetime validity, it will be a one-time process for you until and unless you get the requirement of any amendment in the Certificate. 

What are the compliances which need to be done after packer registration?  

Under the Legal Metrology prepacked Commodity Rules (LMPCR), 2011 every packer of the pre-packed commodity must comply with the provision of Rule 6 read with other rules of the LMPCR.  You must always ensure that the packaging of your products carries the required information as per the LMPCR.  Apart from the required information there are certain rules regarding the font size and the numeral size of the information along with the provisions of mentioning of the size of product in the standard unit as prescribed under the Legal Metrology Law.  Further the e-commerce websites must also be updated as per the requirements of LMPCR. 

What documents are required for packaging registration?  

For obtaining valid packaging certificate you will be requiring to support your application along with the required documents which are listed below: - 

  • Copy of the tax registration of the business. 

  • Copy of the local municipal license. 

  • PAN of the Firm. 

  • PAN and AADHAR of the promoters. 

  • Business Address proof. 

  • List of names of Products to be covered under the License. 

  • Samples of the Package of your products. 

  • Inspection may be there by concerned Authorities. 

Please note the above list is indicative, each state may have its own specific requirement.  In case of difficulty in arranging any documents or any confusion in drafting of application you may contact our legal experts and may avail yourself of professional help as we have one of the best Legal Metrology Consultants on our board.

Information's to be declared on the label of the packet of the product 

Information to be declared on every pre-packed commodity varies from product to product as there are many factors which affect the nature of information to be disclosed.  However, for the brief understanding of our readers we are presenting the indicative list of the items to be declared on the packet of each product: 

  • Name & Address of the Manufacturer 

  • Month & Year of the Manufacturer 

  • Generic name of product 

  • Customer Care E-mail Id 

  • Customer Care Address 

  • Customer Care Phone No. 

  • Quantity of the Goods 

  • Maximum Retail Price of the Goods 

  • Size of the Product 

Our Legals are advised to take necessary precaution while drafting the information label of the product under the Legal Metrology, as it needs to be done keeping in mind all the provisions of the Law.  If in case you are ensure about the labelling information for our product you may avail yourself of the professional label consultation from our ELT experts.

Applicability of Legal Metrology on e-commerce entities

It is the much-debated issue about the Applicability of Legal Metrology on e-commerce entities.  Before we go ahead to understand this issue, it is important to know that e-commerce business can be of two kinds- one could be the marketplace-based model of e-commerce wherein the sellers are invited to sell their products on the e-commerce platform, the best example of this can be Amazon, Flipkart, Snapdeal etc. Another kind of e-commerce website can be where you sell your own products only. Under this kind of e-commerce website, the requirement of packaging license shall be required if you are selling the products under your own brand. Further, the requirements of the Legal Metrology can be chalked out with the as per your case specific requirement by our Legal Experts.   Connect Now with our Experts

Which items are exempted from the provisions of the Pre-Packaged Commodity Rules? 

Generally, any product you buy from the market is always a pre-packed commodity, as soon as your product falls under the category of being pre-packed then automatically the packaging rules can apply upon your business.  However, on the following items the provision of packaging rules doesn’t apply: 

  • Packages of Commodities containing quantity of more than 25 kilogram or 25 liters. 

  • Cement, Fertilizers and Agricultural Farm produce sold in bags above 50 kilograms. 

  • Packaged Commodities are meant for industrial consumers or institutional consumers. 

“Institutional Consumer” means the institution which buys packaged commodities bearing a declaration ‘not for retail sale’, directly from the manufacturer or from the importer or from the wholesale dealer for use by that institution and not for commercial and trade purposes. 

Click Here to see a sample copy of the Packer Registration Certificate   

Who must register under Legal Metrology Law? 

The Legal Metrology Law applies to two types of businesses: - 

  1. Industry of Weighing and Measuring Goods: Any producer, dealer, importer, or repairer of any form of weighing and measuring goods is required to register under the terms of the Legal Metrology Act, 2009. Furthermore, it is illegal to manufacture, import, or use any weighing or measuring devices without first obtaining valid model approval under the Legal Metrology Law.  

  1. Any industry selling goods in pre-packaged form: Any industry selling goods in pre-packaged form, such as FMCG, cosmetics, food, industrial goods, clothing, etc , must register under the Legal Metrology Pre-Packed Commodities Rules, 2011. (In short known as LMPCR, 2011).

What additional services can be obtained from us after obtaining a Packaging Certificate? What additional services can be obtained from us after obtaining a Packaging Certificate? 

We offer a specialized service to our clients upon whom the Legal Metrological Laws do apply. You can avail following services: 

  • Packaging & Labelling Consultations 

  • Legal Metrology Compliance Audit  

  • Director nomination for your company  E-commerce compliances for legal metrology perspectives  Other Certifications & Compliances – BIS Certifications, EPR plastic waste certifications, EPR e-waste certifications, Pollution Board Certifications, Wireless WPC ETA certifications, Telephone Equipment Certifications (TEC), Medical Device Registrations, Drugs & Cosmetic Licenses, Electronic Vehicle (EV) iCAT Certifications, Central Insecticide Board (CIB) registrations, Plant & Quarantine Registrations 

  • Import & Export Regulatory Requirement Consultancy, Custom Appeals & Litigations, DGFT Consultancy 

  • Intellectual Property – Trademarks, Designs, Patents, Copyrights. 

Connect Me Now for Above Services. 

LMPC / Importer Registration

LMPC is packaging law in India, meant to regulate the packaging requirements of the pre-packaged commodity sale or distribution in India. The food items, pharmaceuticals items or any other items may have specialized requirements in their governing act say pharmaceutical products have to follow additional requirements given under Drugs & Cosmetics Act, 1940. Any importer that imports any pre-packed commodities to distribute or sell, then he needs to apply for the importer registration under rule27 of the Legal Metrology Packaged Commodities Rules (LMPC Rules), 2011. Under this registration, the importer needs to inform to the Government that what pre-packed products he shall be importing in India. The technical name of the LMPC registration is “Importer Registration under Rule 27”, some people call it “Legal Metrology Certificate”, some call it “Importer Registration under Legal Metrology”.  Since this registration is required under the LMPC Rules, 2011 the customs authority popularly called it “LMPC Certificate”.  

Why do I require LMPC Registration? Do I need to register as an importer under Legal Metrology? 

The Legal Metrology Pre-Packed Commodity Registration is mandatory for the importers of every pre-packed commodity. The compliance of packaging commodity rules has to be done before the goods are imported in India. Under these rules, importers have to ensure that certain mandatory declarations are made on the pre-packed commodities. Vide DGFT’s notification No. RE-44 of year 2000, the custom authorities were empowered by the Government to check whether the legal metrology compliances by the importers have been fulfilled or not, any non-compliance by the Importer under Legal Metrology may lead to the stoppage of the import shipment, which makes it crucial to the importers to obtain the legal metrology registration well before any imports.  

What is a difference between Legal Metrology Certificate & an LMPC Certificate?  

Any certificate of approval or registration under the provisions of legal metrology Act, 2009 is called a legal metrology certificate. LMPC Certificate is one kind of legal metrology certificate.   

Any certificate of registration granted under the Legal Metrology Packaged Commodity (LMPC) Rules,2011 is commonly called as LMPC Certificate. Alternatively, people also call it a Legal Metrology Certificate or LMPC License or LMPC Registration Certificate etc. 

The Legal Metrology Certificates can be categorized into two parts: - 

  1. Legal Metrology Certificates / Registrations / Licenses issued for the sale, import, manufacturing, repair and distribution of any weighing and measuring items in India, granted under the Legal Metrology Act, 2009. 

  1. Legal Metrology Registrations / Certificates / Licenses issued for the imports, packaging and manufacturing of any pre-packed commodity in India, granted under the Legal Metrology Packaged Commodities Rules (LMPC Rules), 2011.

My goods have been stuck with Custom Authorities, they are asking for LMPC, why & what is the solution? 

Many importers have this question in their mind, that they have been importing for many years and they were never asked for LMPC Certificate.  The requirement of the LMPC Certificate is not the new one but the law was already enacted way back and the customs authorities had also got the power in Year 2000 vide notification No. RE-44.  Before the introduction of faceless assessment, the custom house agents could able to manage the clearance of the shipments by meeting them physically with the concerned officers & convince them by one or other way but at present after the introduction of faceless assessment, the requirement of LMPC cannot be done away with as once the query for the requirement of the Certificate, the only possible option left with the importer is to provide the copy of the certificate and then only the clearance of the shipment shall be possible.  

Now in such a case when a query of LMPC Certificate is raised by the concerned officer then you should Immediately Apply LMPC Certificate, meanwhile you can try to convince the custom officer by submitting the proof of submission of application of LMPC or you can ask our custom agent to arrange the clearance of goods by filing the bill of entry u/s 49 of the Customs Act, 1962. By filing bill of entry u/s 49 you shall be able to clear the goods in custom bonded warehouse, once you will obtain the final registration you can find bill of entry u/s 47 for clearance for home consumption and finally the goods will be at your place. 

What are the different kinds of LMPC Certificate? 

There are two kinds of LMPC registrations under the Legal Metrology Pre-Packed Commodity Rules, 2011. 

  1. LMPC Importer Registration under rule 27: This registration shall be required by you if you are importing the Pre-Packed Commodities and sell them in India without any further Packaging and Labelling activity.  

  1. LMPC Packer & Manufacturer Registration under rule 27: This registration shall be required by you if you are manufacturing and packing the goods or you are getting manufacture of goods from third party and gets it packed in your own brand.  

How can I Get LMPC Certificate?  Or How do I get a Legal Metrology Certificate for import?  What documents are required for LMPC Registration? 

For obtaining valid Legal Metrology certificate you will be requiring to support your application along with the required documents which are listed below: - 

  • Copy of the tax registration of the business. 

  • Copy of the local municipal license. 

  • Import and Export Code (IEC) 

  • PAN of the Firm. 

  • PAN and AADHAR of the promoters. 

  • Business Address proof. 

  • List of names of Products to be covered under the License. 

  • Samples of the Package of your products. 

  • Inspection may be there by concerned Authorities.  

Please note the above list is indicative, each state may have its own specific requirement.  In case of difficulty in arranging any documents or any confusion in drafting of application you may contact our legal experts and may avail yourself of professional help as we have one of the best Legal Metrology Consultants on our board. 

What is the legal metrology certificate's validity? 

The numerous Licenses / Registrations under Legal Metrology have varying periods of validity. Since each state in India has its own set of Legal Metrology Enforcement Laws, each state has chosen its own rules governing the license's validity length, renewal process, and so on. The certificate granted by the Central Government is valid for a lifetime; it will be a one-time process for you until you require any changes to the Certificate. 

What if I failed to obtain LMPC Registration within the prescribed period of time? 

The registration must be applied within 90 days from the date when the import has been commenced. If you failed to obtain the registration within the prescribed time period you may face penalties to be imposed on each Director in the case of your company and upon partners in the case of partnership firm and upon proprietor in case of proprietary firm

What declarations are to be made in commodities sold in packaged form?  What are the compliances that need to be done after the LMPC Registration? 

Under the packaged commodity rules, certain mandatory declarations like country of origin, manufacturer name and address, importer address, month and year of manufacturing, month and year of import etc. have to be made. The scope of declarations to be made on pre-packed commodity varies from product to product; say declarations to be made on food products will be different from the non-food items. Further other aspects may also need to be taken care of like font size, numeral size, standard unit use for the measurement of the product, labelling compliances in the case of e-commerce websites etc. Contact our experts to Avail Labelling Consultation. 

 

Latest Amendments under the Legal Metrology Package Commodity Rules, 2011 

On 2nd November, 2021 the Government has notified certain amendments under the Legal Metrology Package Commodity Rules, 2011 which shall be effective prospectively from the 1st April, 2022. Under the said amendments the Government has brought up provisions under the Law to increase transparency for the consumer of the products.  These amendments have led to industry making the necessary changes to the labels of the packaging of their products.  Contact our experts to Avail Labelling Consultation. 

Click Here to see a sample copy of the LMPC Certificate

 

What further services can you get from us apart from obtaining Legal Metrology Certificate? 

We provide a specialist service to our clients that are subject to Legal Metrological Laws. The following services are available to you: 

  1. Consultations on packaging and labelling 

  1. Audit of Legal Metrology Compliance 

  1. Nomination for your company's board of directors 

  1. Legal metrology perspectives on e-commerce compliance 

  1. BIS Certifications, EPR plastic waste certifications, EPR e-waste certifications, Pollution Board Certifications, Wireless WPC ETA certifications, Telephone Equipment Certifications (TEC), Medical Device Registrations, Drugs & Cosmetic Licenses, Electronic Vehicle (EV) iCAT Certifications, Central Insecticide Board (CIB) registrations, Plant & Quarantine Registrations 

  1. Consultancy on Import and Export Regulatory Requirements, Customs Appeals and Litigations, and DGFT Consultancy 

  1. Trademarks, Designs, Patents, and Copyrights are all examples of intellectual property. 

 

Product Labelling Consultations

What is the product labeling & Packaging Requirements? What are the Labeling compliances in India? What information should appear on a product Label? 

The above question may appear straightforward; however, the solution may not be so straightforward. You'll need to know about the many rules in India that govern package labelling in order to do this. Our response has been broken into the following paragraphs for the convenience of our users:   

Product Labelling Rules in India

The labelling requirements in India are complicated, but our labelling consultants and professionals at ELT have effectively built a specialty in this consulting sector through years of experience. The Legal Metrology Packaging Rules (LMPCR), 2011, are the major regulation in India that controls the legality of labelling information on the packaging of any Pre-Packed Commodities. Manufacturers, brand owners, importers, e-commerce firms, and packers are all subject to these laws. Rule 4 of LMPCR has clearly laid that "No person shall pre-pack or cause or permit to be pre-packed any commodity for sale, distribution, or delivery unless the package in which the commodity is pre-packed bears thereon, or on a Label is securely affixed thereto, such declarations as required to be made under these rules.     

Explanation. - The existence of packages without the declaration of retail sale price within the manufacturer premises shall not be construed as a violation of these rules and it shall be ensured that all packages leaving the premises of manufacturer for their destination shall have declaration of retail sale price on them as required in this rule.”  

Various Other Laws effecting the Labelling Rules in India

The Legal Metrology Act, 2009, and the Legal Metrology Pre-Package Rules, 2011, are the primary laws governing labelling in India. In addition, there are several more regulations that impose extra labelling requirements for certain groups of items that may fall into the following categories: 

  1.  

Drugs 

Drugs Act 

  1.  

Cosmetics 

Cosmetic Rules 

  1.  

Medical Devices 

Medical Device Rules, 2017 

  1.  

BIS Certified Products 

BIS Labelling Rules 

  1.  

Food Products 

FSSAI’s Food Labelling Rules  

  1.  

Eco Mark 

BIS Eco Mark Labelling Rules 

  1.  

ISO Certifications  

Prescribed under respective ISO Standards 

  1.  

E-Waste Mark 

E-Waste Management Rules, 2016 

  1.  

Wool Mark 

Wool Mark Industry Certifications 

  1.  

Organic Food Mark 

Organic Food & Certification Rules 

  1.  

Hallmark for Jewellery  

BIS Hallmarking Rules 

  1.  

Any other Marks which may not be covered here but applicable to the clients Industry. 

 

Because there are so many labelling rules, it is very common and difficult for any industry to follow them all. Putting together a product with a variety of labelling requirements necessitates the use of a variety of expertise. Labeling of food goods, for example, may necessitate the involvement of Legal Metrology and Food Technology professionals. At ELT, we recognize the needs of industry and have assembled a team of experts from several sectors to provide a comprehensive solution for the client. If you're having trouble with labelling, you can reach out to our labelling experts. 

What declarations are to be made in Commodities sold in packaged form?  What are the latest amendments under the Legal Metrology Package Commodities Rules, 2011?     

Every package shall bear thereon or on label securely affixed thereto, following declarations in accordance with the provisions of LMPCR: 

  1. Name and address of the manufacturer, or if the manufacturer is not also the packer, the names and addresses of the manufacturer and packer & in case of imported products the name and address of the importer, 

  1. Country of origin or manufacturer or assembly in case of imported products shall be mentioned on the package.  

  1. Common or generic name of the commodity/s so packed and in case of packing of more than one product, the name and number or quantity of each product shall be mentioned on the package. 

  1. The net quantity of the commodity so packed must be mentioned in terms of the standard unit of weight or measure; if the packed commodity is sold by number, then number of such commodities contained in the package shall be mentioned. 

  1. The month end year in which the commodity is manufactured or pre-packed or imported shall be mentioned in the package. However as per recent amendment effective from 1st April, 2022, in case of imported items the requirement of mentioning of “month & year of imports” has been replaced by “month end year of manufacture”.  

  1. The “best before” or “use by the date, month & year” shall be mentioned on the label if a package contains a commodity which may become unfit for human consumption after a period of time. 

  1. Mentioning of the MRP which should be conclusive of all taxes and it should be clearly indicating that MRP is in Indian Rupees. From 1st April, 2022 the concept of mentioning dual MRP has been introduced wherein if the quantity is more than one in number or in other prescribed units of measurement, then MRP per number needs to be mentioned. For example, a package of 10 baby diapers has MRP of Rs. 100 now after the amendment of the MRP of per number of baby diapers i.e., Rs. 10 needs to be mentioned separately.  

  1. As per the Rule 14: Where a package contains commodities like bed-sheets, hemmed fabric materials, dhoties, sarees, napkins, pillow-covers, towels, table cloths or similar other commodities, the number and the dimensions of finished size of such commodities shall also be declared on the package or on the label affixed thereto.  

  1. Declarations with regard to the dimensions of container type commodities – The commodities shall be expressed as bags, boxes, cups, pans or the like designed and sold in retail trade for being used as containers for other materials or objects and shall be labeled with the declaration of quantity as prescribed under the provisions of LMPCR.  

  1. The commodities which have a relationship with the dimensions and weight, or combination thereof, the declaration of quantity on the package containing such commodity shall also include a declaration as to such dimensions, weight or combination  

  1. Apart from the Rules prescribed under LMPCR there are many other labelling rules under the other regulatory laws like Food Labelling Rules by FSSAI, Medical Device Labelling Rules, FDA Labelling Rules, Cosmetic Labelling Rules, Drugs Labelling Rules, BIS Labelling Rules.  Since the labelling rules are quite technical in nature, users are advised to carefully read the LMPCR & other labelling rules or take the help of professional consultants for the implementation of labelling rules with their businesses. 

Who is exempt from Legal Metrology Labelling Rules? 

In the Legal Metrology Packaged Commodities Rules, 2011 Following are exempted - 

  1. “Industrial consumer’ means the consumer who buys packaged commodities directly from the manufacturer or from an importer or from wholesale dealer for use by that industry and the package shall have declaration ‘not for retail sale’

  1. “Institutional consumer” means the institution who hires or avails of the facilities or services in connection with transport, hotel, hospital or other organization which buy packaged commodities directly form the manufacturer or from an importer or from wholesale dealer for use by the institution and the package shall have declaration ‘not for retail sale’

Thus, as per the Legal Metrology Packaged Commodities Rules, 2011 a person who wants exemption of the packaged commodities rules he needs to be an industrial customer / buyer who purchased the packaged commodity directly form the manufacture in bulk and same should not be for retail sale, but for the industrial customer's own use.  Similarly in the case of institutional consumers who buy packaged commodities directly from the manufacturer or from the importer or for wholesale dealer for use by the institution himself and not meant for any further retail sale.    

What are the Labeling Laws on Food Products?  Do Food Labels have to be approved?  Who regulates labeling of packaged food? Does FDA regulate Labeling? 

Food product labelling is a highly sensitive issue for which the government has made stringent provisions. The LMPCR, 2011, is the primary law in India that governs the labelling of PrePacked Commodities produced by a variety of industries. However, there are other laws enacted by the Food & Drugs Administration (FDA) governing the labeling & packaging of food products:

  1. The 2018 Food Safety and Standards (Advertising and Claims) Regulations:  These rules address exaggerated claims made by manufacturers on their products, such as balanced diet, dietary fiber, fat, equivalence claims, health claims, nutrition claims, recommended dietary allowances, 100 percent organic food, sugar free, no additives, and soon.  The food business operator or marketer must obtain prior approval from the Food Authority under these regulations through the prescribed procedure for approval of claims.

  1. The 2018 Food Safety and Standards (Packaging) Regulations: These laws include food packaging quality in terms of food grade, multi-layer / composite packaging, the total migration limit of non-volatile substance release from packaging material, primary food packaging, secondary food packaging, and so on. Furthermore, these restrictions mandated the use of tin cans, glass bottles, and plastic containers in certain types of food. Furthermore, these restrictions ban the use of newspapers or any other similar material for food storage and packing. Every food company operator must get a certificate of conformity from a NABL Accredited Laboratory for the packaging material they use under these laws. 

  2. The Food Safety and Standards (Labeling and Display) Regulations, 2018, are a set of rules that govern how food is labelled and displayed. These rules outlined the labelling standards for pre-packaged foods, as well as the requirements for vital information to be displayed on facilities where food is made, processed, served, and stored. The government regulates food business operators in various areas, such as multi-unit packaging, non-vegetarian food, recommended dietary allowances, e-Commerce of food items, food for catering purposes, and so on, under these rules. 

Our team of Food Labeling Consultants and Experts at ELT helps users produce appropriate labelling and avoid getting in issue with government enforcement authorities. 

How can you ensure accurate labelling on your product? 

As previously said, there are numerous rules that effect the package labelling standards in India, making it a difficult task for the average person to determine whether the labelling on their goods is accurate and lawful. You have two options for ensuring that your product's labelling is correct:   

  1. To thoroughly examine all of the rules that govern your product labelling and make the necessary changes on your own. 

  1. To enlist the help of product labelling specialists and rely only on their advice. 

Penalties for Inaccurate Labelling  

The various Labeling Laws in India impose harsh penalties and include provisions for imprisonment. Because product labelling directly affects consumer concerns, many non-governmental organizations in India are working to combat incorrect labelling. For example, the Advertisement Council of India, an autonomous body, frequently issues legal notices to advertisers who make exaggerated claims on their products, such as "100% clear skin in 10 days." In such cases, the brand owner may demand that all products be immediately recalled from the market, along with severe penalties and punishments. Violations of the Legal Metrology Labelling Rules are criminal in nature, and repeat offences may result in the offender being charged with a punishment of imprisonment. 

Approval for change in Labelling Information on Package

In India, the package Labelling Information is governed under the Legal Metrology Act, 2009, Legal Metrology Packed Commodity Rules (LMPCR), 2011. The LMPCR is consumer law which works for the protection of consumers.  Any industry dealing with Pre-Packaged Commodities must adhere to the requirements of Labeling Laws prevailing in India.  For detailed coverage on Package Labeling Laws please check “Product Labelling Consultations”.

What is the need for change in Labelling Information?

It is the common possibility that any business entity may have printed the packages on subsequently the pre-printed information may have changed.  There can be many reasons for the same: 

  • Change in prices of the raw material 

  • Change in taxes – GST, Custom Duty or other local taxes 

  • Change in Manufacturer Address 

  • Change in Correspondence Details of Manufacturer 

  • Merger / Demerger of Business entity 

  • Misprinting of any information 

  • Approval of Single brand retail trading entities 

  • Many other reasons etc.  

What is the Legal solution for change in Pre-Printed Labelling Information? What is the Legal procedure to change the Price / Maximum Retail Price / MRP on my product? 

Under the LMPCR, 2011, under Rule 33 the Central Government has the power to relax one or more provisions of the LMPCR.  The text of Rule 33 is reproduced herein below: -

The Central Government may, after ascertaining the genuineness, permit a manufacturer or packer to pack for sale the packages for a reasonable period by relaxing one or more provisions of these rules with such corrective measures as may be specified.  The Central Government may, after ascertaining the genuineness of a case stated in the application permit a manufacturer or packer or importer to pack or sell of the packages other than specified in the Second Schedule for a maximum period of one year by relaxing the rules. 

What is the legal way of changing MRP on the package Label of the product? Or how to change MRP on a product in a legal way? 

When it comes to revising the MRP on a product's packaging, the government regulations are highly strict. We have seen numerous brand owners modify the MRP of a product by affixing a new MRP sticker over and above the pre-printed MRP, which is plainly prohibited in India. To update the MRP on a product's package, you must file an application with the Central Government's Department of Consumer Affairs, which is overseen by the Ministry of Consumer Affairs, Food and Public Distribution in Delhi. Only when there is a solid justification and the appropriate authority is satisfied with the grounds offered by you will the Central Government grant clearance to amend the MRP.  Obtaining clearance for a change in MRP is a difficult undertaking; normally, the government will provide approval for a change only when there is a change in pricing owing to a change in taxes.

The following stages may be included in the approval procedure for a change in MRP: - 

  1. Creating a thorough representation as well as supporting papers. 
  2. Reply to above deficiencies, If the Central Government is satisfied, authorization will be granted. 
  3. The Central Government has issued a response to the deficiencies / Show Cause Notice. 
  4. Submission of a representation to the Central Government. 
Directors Nomination

Section 49 of the Legal Metrology Act, 2009 allows the user to nominate any person as responsible for the conduct of the business under the Legal Metrological Laws.  Such a person shall be officially registered under the records of the Legal Metrology authorities who can be held responsible in case of any violation by the Company. 

Let us understand it following two situations: 

  1. Situation No. 1: Where the company has done with Director Nomination – In this case if company has committed any offence under Legal Metrology, then persons so nominated with the Department of Legal Metrology shall only be the natural person who can be held responsible by the Legal Metrology Department in case of any violation.  

  1. Situation No. 2: Where the company hasn’t done with any Director nomination – In this case if company has committed any offence under Legal Metrology, then all the officers of the company including the company as artificial person shall be held responsible by the Legal Metrology Department in case of any violation. 

What is the benefit of Director nomination? 

Director nomination is highly beneficial and a helping tool to reduce the penalties and the magnitude of the damage which may cause to company in case of any violation.  Since the Legal Metrology Law is Consumer Law, applicable to a wide range of products and given its technical nature which makes it highly prone to being non-complied with by its users.  In the event of committal of offence, the user doesn’t only land up with pecuniary penalty but at many places under the law there are provisions of imprisonment as well.  Director nomination not only strategically reduces the number of penalties but also helps to save the non-nominated officers of the company persons from the trial of the court and imprisonments.  The companies who have foreign investments in their business and has independent foreign Directors as well always make sure that their foreign Directors should not receive any notice from any Department of India as it may adversely affect their availment of foreign investments. 

Can Partnership Firms or Association of Individuals avail nomination under Legal Metrology? 

Since under the Section 49 which is dealing with the Director’s nomination, the word “Company” & “Director” which predominantly gives the impression that only companies are allowed to nominate Directors because of which often it has been doubted whether partnership firms, body corporations, association of individuals, trust, societies.  The Government has given the provisions for nominating Directors by these kinds of business entities. Under Section 49, Legal Metrology Act, 2009 legislation has given the explanation wherein the definition of company and Director is explained as below: 

  • “Company” means anybody corporate and includes a firm or other association of individuals; and  

  • “Director” in relation to a firm, means a partner in the firm but excludes nominated directors, honorary directors, Government nominated directors. 

Vide above explanation, it becomes clear that Partnership Firms, Association of Persons which includes Trust & Societies, can avail the benefit of Director Nomination.

Can Company Nominates any person other than Director?

Section 49(2) clearly states that - “any company may, by Order in writing, authorize any of its Director to exercise all such powers and take all steps as may be necessary or expedient to prevent the commission by the Company of any offence under this Act”.  It is pertinent to note the words “any of its Director” in the above text of the Section, as it clearly says that Company can only nominate the Directors which means the Company shall not be able to nominate any other employee or its Company Secretary or its Chartered Accountant etc.  

Special Case: Nomination of different persons in case of multiple branches 

Where a company has different establishments or branches or different units in any establishment or branch, different persons may be nominated under this sub-section in relation to different establishments or branches or units and the person nominated in relation to any establishment, branch or unit shall be deemed to be the person responsible in respect of such establishment, branch or unit.

Cancellation of Director Nomination under Legal Metrology 

Section 49(3) deals with the provisions of cancellation of nomination, following case s has been mentioned under Section 49(3) in which nomination can be cancelled: 

  1. Further notice cancelling such nomination is received from the company by the Director or the concerned Controller or the authorized officer; or 

  2. He ceases to be a director of the company; or 

  3. He makes a request in writing to the Director or the concerned Controller or the legal metrology officer under intimation to the company, to cancel the nomination, which request shall be complied with by the Director or the concerned Controller or the legal metrology officer,  

Whichever is the earliest, continue to be the person responsible. 

In case when person nominated hasn’t committed any offence? 

 Section 49(4) clearly states that where an offence under this Act has been committed by a company and it is proved that the offence has been committed with the consent or connivance of, or is attributable to the neglect on the part of, any director, manager, secretary or other officer, not being a person nominated under sub-section (2), such director, manager, secretary or other officer shall also be deemed to be guilty of that offence and shall be liable to be proceeded against and punished accordingly.  

Myths about Director Nomination under Legal Metrology:  

Past many years of our experience, we learnt that the Board of Directors of the Company could not able to arrive on the successful consensus of nominating any Director since no single Director is willing to accept the responsibility for the compliances of any offence under Legal Metrology, because of which company is never able to arrive on a point wherein the company could able to successfully get the Director Nomination.  We wish to make it clear that if any Director thinks that if he becomes the nominated Director under Legal Metrology done, he shall be the only person who will be held responsible by the Legal Metrology Authorities, then such Director need not to worry as he will be protected under the provisions Section 49(4) which clearly states that if any other officer is proved to be guilty of that offence, then such officer shall be punished instead of the nominated Director. 

 Click Here to see sample certificate of the Director Nomination Certificate 

LM Compliance Audit

Legal Metrology is scientific and technical law which is not easy understandable by common man, the people often miss the provisions of the law or either mistook them which leads to non-compliance followed by penalties and punishments.  At ELT Corporate, being pioneer of Legal Metrological Laws we understand the specialized need of the industry for the guide the one who can advise, consult and help them to implement the law.

What is Legal Metrology Auditing Service all about?

To bridge the gap of complex Legal Metrological Laws and its lack of understanding, we have designed specialise professional engagement of “Legal Metrology Compliance Audit” wherein we will be doing the complete health check-up of your business from the perspective of Legal Metrology and will advise the way forward with necessary rectifications, consultations and Legal planning. 

Indicative list of areas that we cover under the Legal Metrology Audit 

To address the quest of our clients, herein below an indicative list of areas that we cover under the Legal Metrology Audit: 

  • Verification of Product and package?compliances in accordance with?LMPC rules?? 

  • Verification of Manufacturing?compliances?? 

  • Verification of Dealer?compliances?? 

  • Verification of existing licenses and related documents under?LM?? 

  • Verification of Other complete?compliances under?LMPC?? 

  • Verification of Warehousing registration/ license?? 

  • Review of E-Commerce?Compliance?? 

Activities under Audit  

  • Under Legal Metrology (numeration) rules, 2011, checking for manner in which number shall be written?? 

  • Legal Metrology (approval of model) rules, 2011 to check if model is duly approved by the authorities?? 

  • Verification and stamping of weight and measure under?LM?act 2009?? 

  • Statutory declarations on products?? 

  • Compliance related to principal display panel (PDP)?? 

  • Compliance?of imports under?LM?? 

  • Warehouse inspection?? 

  • Implementation of multi state sales under?LM?and presence of multistate warehouses and its related legal problems?? 

  • Compliances of weight or measurement of goods?? 

  • LM (national standards) rules, to check for base standards such as mass, volume, length etc.?? 

  • Mock inspection to aware the employees and store managers about?LM?compliances?? 

  • Verification of manufacturing and printing of labels?? 

  • Advisory related to penal provisions?

Extend Support after Audit

After the detailed Audit, our team helps the clients with extended Support & General Advisory so that our valuable client should able to successfully adept the transition from non-compliance to a successful compliance.  Our experts are available on remote and in person as per the need of the client but in any case, we make sure that client derives the value and satisfaction and should able to negate the business’s legal risk.

Notices from Legal Metrology Department

The Legal Metrology Act, 2009 is a consumer Law, enacted for the protection of the consumers. This law has a very wide effect on almost all kinds of industries dealing with the provision of goods & services. The Legal Metrology Act deals with the:  

  1. Regulation of weighing & measuring instruments in India. 

  1. Regulation of the packaging of Pre-Packed Commodities in India.  

The Legal Metrology Lawyers and Consultants at ELT are well read and experts on the subject. They understand that the Legal Metrology Department generally sends the Notice of violation for the non-compliance of the above stated regulations.  

Violation in regards to packaging of Pre-Packed Commodities in India 

Normally any product bought by the consumer is always in pre-packed form which attracts the provisions of Legal Metrology Pre-Packed Commodities Rules (LMPCR), 2011.  Now a days, very frequently the manufacturers, importers, e-commerce operators are receiving the Notices from the Legal Metrology Department of different states, pointing out the violation of labelling rules.

Under the LMPCR, the Law has prescribed certain mandatory declarations to the mentioned on the package of the Pre-Packed Commodities like name & address of manufacturer, month & Year of manufacturing, Maximum Retail Price, Customer Care details, net quantity and size, name of the product etc.  The declarations to be done varies from product to product.  The declarations in the case of imports are different from the declarations of manufacturing.   

Collectively, lakhs of notices are issued every year under the LMPCR by Central & State Governments and it is also a source of collecting great revenue for the Government.  Whenever you received any notice from the Legal Metrology Department alleging the violation of labelling rules, it is always advisable to consult a Lawyer before any admission of offence and should always try to explore other legal remedies and options available with you.        

Violation in regards to weighing & measuring instruments in India  

If you are dealing with any kind of weighing & measuring instrument and you have non-complied in any of following manner: 

  1. Import of weighing and measuring instrument without importer license u/s 19.  
  2. Use of weighing and measuring instruments without valid model approval u/s 22.  
  3. Prohibition on manufacture, repair or sale of weight or measures without license u/s 23. 
  4. Non-compliance of verification and stamping of weight or measures u/s 24.  
  5. Any other violations prescribed under the Law. 

Provisions of Penalty and imprisonment under the Legal Metrology Law 

The Act has prescribed various kinds of pecuniary penalties and has also set provisions of imprisonment in one or more of the following cases: 

  1. Penalty for use of non-standard weight or measure  

  2. Penalty for alteration of weight and measure 

  3. Penalty for manufacture or sale of non-standard weight or measure 

  4. Penalty for making any transaction, deal or contract in contravention of the prescribed standards. 

  5. Penalty for quoting or publishing, etc., of non-standard units 

  6. Penalty for transactions in contravention of standard weight or measure 

  7. Penalty for non-production of documents, etc.  

  8. Penalty for failure to get model approved 

  9. Penalty for use of unverified weight or measure 

  10. Penalty for sale or delivery of commodities, etc. by non-standard weight or measure 

  11. Penalty for rendering services by non-standard weight, measure or number 

  12. Penalty for selling, etc., of non-standard packages  

  13. Penalty for contravention by Government approved Test Centre 

  14. Penalty for non-registration by importer of weight or measure  

  15. Penalty for import of non-standard weight or measure 

  16. Penalty for obstructing Director, Controller or legal metrology officer 

  17. Penalty for giving false information or false return 

  18. Penalty for verification in contravention of Act and rules 

  19. Penalty for counterfeiting of seals, etc. 

  20. Penalty for manufacture of weight and measure without license 

  21. Penalty for repair, sale, etc., of with and measure without license 

  22. Penalty for tampering with license  

How to deal with the Notices sent by the Legal Metrology Department? 

To deal with the Legal Metrology Notices is quite tricky for any normal person.  There are various things to be kept in mind while dealing with these Notices.  To say, every state has its own Legal Metrology Enforcement Rules you must be well apprised of the rules of respective state from which you received the Notice.  Further, it is important to note that under Legal Metrology many offences have serious repercussions if they are committed for second or more time.   

Further it is important to note that under Legal Metrology any offence committed by the business entity is punishable for each Director, for which you need to strategically plan upon whom you can cast the responsibility, you can consult Legal Metrology Lawyers who can advise you over the same. 

After the receipt of notice from the Legal Metrology Department, before the admission of offence you should always consider other legible alternatives available with you.  

How to save yourself from the Legal Metrology Department? 

To follow the law of land is the golden rule to save yourself from any punishment.  At ELT Corporate, we believe to spread awareness and education among our clients, in pursuance of which experts at ELT have designed specialized training and seminars for its users.  Further as our offering of solution to the industry we have made the specialized professional system of Legal Metrology Audit wherein we do the detailed exercise of understanding applicability of various provisions of Legal Metrology Laws on client business and offer them customized solutions for the same.   

 

GATC Legal Metrology Lab Set-Up

“Government approved test center” (GATC) means a person who has been approved by the Central Government to undertake verification of weight or measure specified under the Legal Metrology Act, 2009. A GATC recognized under this Act, shall carry out verification of weights or measure as specified under the GATC rules, 2013 and according to the specification given in the Legal Metrology (General) Rules, 2011 and on the recommendation of International Organization of Legal Metrology, as the case may be, as advised by Director, Legal Metrology from time to time.

What is the procedure of recognition of GATC?

Any person desirous of obtaining recognition as GATC shall make an application to the Director, Legal Metrology, in the prescribed form. The application shall be made only by the Principal Officer of the Set Laboratory. The Government before recognizing any laboratory as GATC to consider the following things:

  1.  Availability and accessibility of land and building;
  2. Adequacy of measuring equipment, testing facilities and other infrastructure.
  3. Availability of technically qualified manpower;
  4. Capacity for efficient and timely service to customers;
  5. Willingness to get equipment periodically verified by secondary standard laboratory or any other agency determinable by Director, Legal Metrology;
  6. Willing to train its employees in institutions nominated by Director Legal Metrology;
  7. Any other factor, which in the opinion of Director, Legal Metrology will affect proper functioning of Government Approved Test Center;
  8. Conditions to set up;
  9.  Qualifications- The qualification of the principal officer or any of the employee of the Government Approved Test Center shall be equivalent to the qualification as specified in the Legal Metrology (General Rules), 2011 for a Legal Metrology Officer;
  10. Experience- The principal officer or any of the employees of the Government Approved Test Center shall have working experience of at least three years in the field of legal metrology.

What are the steps for setting up GATC?

Step 1 - Setting up of the laboratory as per ISO 17025. 

Step 2 - Obtain Accreditation of NABL for laboratory.

Step 3 - Make an application before the Central Government for the recognition of the laboratory as GATC. 

Step 4 - Inspection of laboratory by the Government Authorities.

Step 5 - Successful grant of GATC, if no query is raised at the inspection.

Which weights and measures, the GATC can stamp and verify?

  1. Water meter.
  2. Sphygmomanometer
  3. Clinical Thermometer.
  4. Automatic Rail Weighbridges.
  5. Tape Measures.
  6. Non-automatic weighing instrument of Accuracy Class IV/Class III (upto 150kg)
  7. Load Cell
  8. Beam Scale.
  9. Counter Machine.
  10. Weights of all categories.

Government Approved Test Center Mark

The mark assigned to the Government Approved Test Center must include the national identifying letters, IND, the final two digits of the issue year (for example, 11), and the code number allocated to the Government Approved Test Center.

Revocation of certificate of Government Approved Test Centre

  1. A certificate of a Government Approved Test Centre may be revoked if the Central Government is satisfied, on the recommendation of the Director of Legal Metrology, that the Government Approved Test Centre approved no longer complies with the provisions specified in the rules made under the Act, or specifically violates the directions given by the Director of Legal Metrology from time to time: Provided, however, that no such certificate shall be revoked unless the holder of such certificate has been given an opportunity of showing cause against the proposed action.
  2. If a Government Approved Test Centre's certificate is withdrawn, the verification activity must be promptly halted by that Government Approved Test Centre. Provided, however, that if verification of any such weight or measure is discovered during such inspection, the Director may issue an order prohibiting the use of such weight or measure and commence other necessary punitive action.
  3. Every order of revocation or suspension of certificate of approval shall be duly notified.

Suspension of certificate of Government Approved Test Centre

  1. The Director may suspend a certificate of a Government Approved Test Centre for verification of specified weights and measures in the case of the following omission or failure on the part of the certificate holder:(i) To verify the weights or measures to which the certificate pertains, or (ii) Verification that does not correspond to the rules or standards stated in the Act and rules issued thereunder, or (iii) Failure to comply with the requirements indicated in the certificate.
    Provided, however, that no such suspension shall be made without the bearer of the certificate is given a chance to show reason against the proposed action.
  2. Where a certificate has been suspended under sub-rule (1), the order of suspension shall not be vacated unless the omission or failure for which the suspension was made has been complied with and the sum for compounding the offence has been deposited to the Government in the same form as prescribed for applying to the Government Approved Test Center.

Renewal of Certificate

The approval granted to a Government Approved Test Center may be renewed for a term of up to five years at a time by the Director (Legal Metrology), subject to the center's good operation.

Fees for applying for Government Approved Test Centre of weights or measures to be deposited

  1.  A fee of ten thousand rupees should be placed in the form of a pay order and paid at the time of renewal for applying to a Government Approved Test Center.
  2. The applicant must also pay the same cost when adding one or more weights or measures for verification in the certificate of the Government Approved Test Center.
OIML Certification

What are the OIML Standards?

OIML stands for (in French: Organisation Internationale de Metrologie Legale) – The International Organisation for Legal Metrology is an inter-governmental organisation that was established in 1955 to promote the uniformity and standardisation of Legal Metrology procedures in the global environment. The OIML is headquartered in Paris, France.  The idea of OIML is to ensure that Certification of Measuring Devices in one country is compatible with certification in another country, thereby facilitating and promoting the international trade in measuring devices.

What products are covered / eligible for the OIML Certification?

The OIML Certifications is made for the weighing & measuring instruments & devices such products include weighing scales, water meters, gas meters, taxi meters, check weighers, speedometers, agricultural measuring devices such as serial moisture meters, health related devices such as exhaust measurements, alcohol content of drinks etc. As an OIML Certification Consultants & Legal Metrology Consultants, the above stated list is only illustrative, there may be thousands of other weighing & measuring devices which may not be possible to name here but are eligible for the OIML Certifications.

What are the objectives of OIML?

The objectives of OIML are stated below: -

 

  • To develop, in cooperation with our stakeholders, standards and related documents for use by legal metrology authorities and industry that when implemented will achieve the mission of the OIML.
  • To provide mutual recognition systems which reduce trade barriers and costs in a global market.
  • To represent the interests of the legal metrology community within international organisations and forums concerned with metrology, standardisation, testing, certification and accreditation.
  • To promote and facilitate the exchange of knowledge and competencies within the legal metrology community worldwide.
  • In cooperation with other metrology bodies, to raise awareness of the contribution that a sound legal metrology infrastructure can make to a modern economy.
  • To identify areas for the OIML to improve the effectiveness and efficiency of its work.

How does OIML work?

Though OIML works with International Organisation such as International Organisation Standardisation (ISO) and International Bureau of Weights & Measures (BIPM), to ensure that there may be proper coordination and compatibility between each organisation.  It is important to note that OIML has character of International Standardisation & Harmonisation in the field of Metrology, though it involves into making and recommendation of various metrological standards but has no legal authority to impose solution on its members, but most of times its recommendations are accepted by its member nations and they make its recommendations as the part of their national legislation.

What is the benefit of OIML Certification?

Since the OIML is Internationally acceptable body of Metrological Standards, as of March, 2022 62 Countries had signed up as the Member of OIML Certification System (OIML-CS).  If for any weight or measurement item, you obtain the Metrological Certification under the OIML-CS, then the acceptability of such item shall be tremendously increased amongst the Member Nations of the OIML which will give large amount of benefit to the exporters of such item and the importers will also greatly be benefited in terms of smooth import clearance and lesser regulatory compliances under the Metrological Laws of their respective countries.

What is the procedure of the OIML Certification?

Step 1- Apply with the NMI (National Metrological Institute) of the respected member country of the OIML.

Step 2- Submit your model with the OIML.

Step 3- OIML shall conduct appropriate testing, if any query or deficiency is raised, fulfil that deficiency.

Step 4- OIML Laboratory shall be forwarding the report to NMI.

Step 5- NMI shall issue the certificate through OIML-CS Portal.

How can we help you in obtaining OIML certification for your model?

At ELT, we have the best class of scientist and calibration consultant, we are well versed with the documentation and recommendation issued by the OIML system. Our experts have been the part of OIML advisory for decades and undertook various complex calibrations for many times. We help our clients to obtain the OIML certification for their Weight and Measures in the most time bound manner. Once the client approaches us, our experts shall collect the requirements of the client and will advise the relevant procedure to be followed for the same and once the client agrees on the proposal submitted by our experts the client has to sit relax and the complete work shall be undertaken by our experts in the most convenient manner for the client.