Date : 2021-06-09
The Legal Metrology Act, 2009 (hereinafter “the Act”) states rules and regulation governing the weights and measures. The main objective of the Act is to establish uniform standards of weights and measures to regulate the trade in weights and other goods which are sold or distributed by weight, measure or number. The Act replaced the Standards of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985.
The Central Government of India has appointed a Director at the Legal Metrology Department to perform duties related to inter-state trade and commerce, whereas the state government has appointed a Controller at the department level to handle issues related to intra-state trade and commerce.
As per Rule 27 of the Legal Metrology (Packaged Commodity) Rules 2011, every importer or manufacturer or packer who pre-packs or imports any commodity for sale, distribution or delivery shall make an application, accompanied by a fee of rupees five hundred, to the Director or the Controller for the registration. It is also known as Importer License and it has to be applied within 90 days of import of the goods.
Under Section 22 of the Act every individual shall seek for model approval before manufacturing or importing of any weight or measure. The weights and measurement instruments in India have to be as per the Legal Metrology Standards and shall obtain model approval before commencement of its sale. The Legal Metrology Department of the Central Government has authority to issue model approval certificates and its office lies in Delhi.
According to Rule 27 of the Packaged Commodity Rules (PCR) every individual involved in packaging business, or is a packer, manufacturer or importer of pre-packaged commodities must obtain a packer license. The application for a packer license has to be submitted to the Director or the Controller of Legal Metrology Department.
As per Section Section 19 of the Act an individual importing weights and measures items shall get themselves registered with the Director of Legal Metrology. The application has to be filed in Schedule X under rule 15 of the Legal Metrology (General) Rule, 2011. One shall apply for registration 30 days before the commencement of import of items.
An individual shall obtain a dealer license who either deals directly or otherwise in the business of selling, supplying or distributing weighing and measuring instruments for cash. It is mandatory to obtain both licenses for a manufacturer or an importer who wish to act as a dealer of the same commodity.
According to Rule 27 of the PCR rules, every packer or manufacturer or importer of pre-packaged commodity has to apply for packer registration and it is the responsibility of every packer to make mandatory declarations stated under Rule 6 of PCR, 2011. Both the Central Government and State Governments have the power to issue a packer license or packer registration.
DISCLAIMER :- The use of this website does not constitute the rendering of legal advice by the author to the reader. The above content is for the knowledge of readers, based on the above, the readers are advised to make any legal decisions but to put their reliance on respective legal professionals.