Introduction: Legal Metrology
A functioning society values honesty for customers, organisations, and controllers as well as all measurements. Measurement is an essential element of business, for the seller as well as the buyer. These metrics have an impact on the prosperity of the people and society. Hence by classifying weights and implementing a method to set a standard of measurements, we can ensure the security and precision of weights and measurements for the benefit of the public Manufacturing, importing, selling, and repairing measuring instruments and related equipment are also included in the process. Legal Metrology has categorized weighing and measuring tools and equipment as a specific license and operating method.
Table of Contents
- Introduction: Legal Metrology
- What is Legal Metrology?
- Importance of Legal Metrology Certificate
- Legal Provisions
- Certificate of Legal Metrology
- Procedure of Legal Metrology License
- Documents Required of Legal Metrology Certificate
- Under Legal Metrology Registration
- Type of Legal Metrology Licenses
- Rules of LMPC Certification
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What is Legal Metrology?
The study and research of measurements and weights are known as Metrology. Metrology with the application of law while providing instructions for the control of measuring equipment is called Legal Metrology. Additionally, it provides a guarantee for consumer safety, the environment, customers, and businesses, and it is necessary for fair trade. Errors in weight have the potential to significantly increase financial harm and have negative economic effects on the final consumers.
We frequently take measurements for granted and may even fail to notice them because they play such a huge part in our daily lives. It's almost a reflex to measure things first but only a few keep checking on the statistics. Legal Metrology mainly focuses on the following-
- Strengthening the Law
- Executing Legal Obligations
- Determining measurement instruments
Importance of Legal Metrology Certificate
- Lowering legal and transactional expenses
Measurement proof that can be fully traced back to a reliable source i.e. A legal authority reduces the cost and length of the court process. So, if there exists a standard system of measurements known to both the buyer and seller, escalating a measurement issue would not be required.
- Collection of Revenue
Legal metrology ensures that both the government and businesses pay acceptable instalments of duty. Large goods used for imports and imports are heavily determined by the weights hence that is how the appropriate rates can be established.
- Encouragement of Trade
Trade-related instruments when marked with the correct measurements support the purpose of trade as they’re correctly carrying goods and materials according to the guidelines set and accepted worldwide.
- Protects the Environment
Measuring how much fertilizer is added to the soil and how much pesticide is used on crops; estimating the concentration of chemicals in soil, water, and the atmosphere; calculating energy usage, etc. helps the government observe the environment.
- Ensures good health
Clinical equipment with standard measurements determines the amount of disease and also medicines that are to be given.
In India, the Legal Metrology Department is established under the Ministry of Consumer Affairs. Established in 2009, the department guarantees the monitoring and regulating of measuring instruments that are involved in businesses. It ensures the safety of goods as well as enables an efficient legal mechanism. To ensure that legal metrology laws are applied consistently across the nation, the following provisions are into effect-
- Government Legal Metrology Act, 2009
- Legal Metrology (Packaged Commodities) Rules, 2011
The Act governs the selling of pre-packaged goods in India and specifies specific labelling standards.
- Legal Metrology (General) Rules, 2011
Using the Standard Weights and Measures and the procedure outlined in the Rules, State Government employees check these weighing and measuring devices regularly.
- Legal Metrology (Approval of Models) Rules, 2011
The Legal Metrology Act of 2009 established the standard measures or numbers as well as the requirements for how pre-packaged items must display affirmations and other information.
- Legal Metrology (National Standards) Rules, 2011
established by the Central Government to specify the requirements for base units of mass and measure, (ii) various standards, and (iii) the intervals for norms verification.
- Legal Metrology (Numeration) Rules, 2011
This clause addresses numeration and the proper way to write numbers.
- Indian Institute of Legal Metrology Rules, 2011
These rules include provisions on the courses that must be taught at the institute, the duties that must be performed by the institute, and the requirements for applicants to the institute.
Certificate of Legal Metrology
According to the Legal Metrology Act of 2009, a Legal Metrology Certificate from the Metrology Department of Consumer Affairs is required for the manufacture, sale, or distribution of measurement instruments. The responsible party for issuing licenses is the Controller of the Legal Metrology Division. The inspector of Legal Metrology should receive the application for certification; after reviewing it, he or she will provide a suggestion to the Controller of Legal Metrology for consideration. All sections dealing with weighing and measuring instruments, such as manufacturers, dealers, repairers, and registration of manufacturers, importers, packers, and importers of packaged commodities, are required to have appropriate certification.
Procedure of Legal Metrology License
The Controller of Legal Metrology in the State of Tamil Nadu and the Director of Legal Metrology at the Centre are both authorized to grant LMPC certificates. The Inspector of Legal Metrology should receive the license application; after reviewing it, he or she will send a recommendation to the Controller of Legal Metrology for approval.
Documents Required of Legal Metrology Certificate
- Identity and Address proof of the applicant
- Photographs of applicant
- Birth Certificate Proof of applicant
- Ownership authority and premises location
- In the case of a partnership firm, a copy of the partnership deed is.
- List of all Machinery and tools
- Model approval certificate, issued by the Director
- Affirmation to State that the applicant would follow all Legal provisions and the directions issued by the Controller.
- Affirmation that no the applicant is not a part of a lawsuit or any pending charges.
- In the case of a factory/ shop, its registration document
- Establishment and Municipal trade license
- GST Registration / PAN Copy.
Under Legal Metrology Registration
Any person who deals with weighing and measuring instruments needs to mandatorily register himself under Legal metrology. It can be applied in the following ways:
- Registration of Company
Any business engaged in the production, importation, or packaging of weighable and measuring devices must register with the legal metrology.
- Registration of Importer
A Certificate of Registration of Importer of Weights and Measuring Instrument is required before anyone may export their weighing and measuring instruments or sell them on the Indian market. Only goods that are standardly packaged may be imported into India. It includes registration for importers under general rules, importer and packer registration, and Packaging and warehouse registration.
- Registration of Manufacturer, Importer, and Packers
For goods to be marketed in India, the particular company must get a packaging and warehouse registration or renewal for product labels that fall under the Legal Metrology Certification purview.
There are five stages of registration required by the Legal Metrology Department for products related to weight and measurement-
- Model Approval
- Packaged Commodity Registration
- Import License
- Dealership License
- Stamping of products
Type of Legal Metrology Licenses
A specific license is issued to the specific applicant depending upon the type of business they deal with. Types of licenses are as follows.
- Manufacturer license:- This license is issued to the manufacturer of weights and measures.
- Repairer License:- A repairer includes a person who cleans, lubricates, adjusts, or paints any weight or measure.
- Dealer License:- According to the State Legal Metrology (Enforcement) Rules from 2011, everybody who trades or markets weights and measures is required to have a dealer license. In addition to his importer/manufacturer license, every importer who wishes to serve as a weights and measures dealer must obtain the dealer license.
Rules of LMPC Certification
In India, the import, sale, and distribution of pre-packaged goods are all governed by the Legal Metrology Act 2009. A pre-packaged product is any item that has been assembled in advance and is packaged without a customer. A strong impression of consumer awareness and a decrease in unfair trade practices involving such products are created by Registration under this Act.
Before importing commodities that will be pre-packaged for sale or distribution within the nation, Rule 27 of the Legal Metrology Packaged Commodity Rules (LMPC Rules) requires obtaining an Legal Metrology certificate for import.
The Controller of Legal Metrology in that particular state must receive an application from importers or manufacturers who sell pre-packaged goods there, according to the Department of Consumer Affairs.
In the majority of states, LMPC certifications can be applied for online through the state government's website. The following information must be entered in the appropriate fields during application:
- The applicant's name
- Generic brand of the imported or packaged good
- Location's address where the product will be imported
When applying for the position, the applicants must have the necessary paperwork and payment. Applications submitted through online portals promote paperless and simple procedures, which helps to save a lot of time.
Documents Required to Obtain LMPC Certificates
Following are the documents required for obtaining an LMPC Certificate for import
- Identification and Address proof
- GST Registration certificate
- Aadhaar Card Number
- IEC Number/ Import-Export Code
- Applicant’s passport-size photograph
- Declaration sample along with the goods
- In the case of a company, a copy of the Memorandum and Article of Association shall be attached.
It is crucial to obtain a LMPC Certificate for measuring instruments. The failure of a transaction may be prevented from obtaining Verification Certifications from the Legal Metrology Department. A mandate has been set up to ensure consumer protection against exploitation in the transaction of commodities in respect of their Prices vis-à-vis Weights and Measures. Every weighing and measuring instrument shall have the verifications mark of the inspector to avoid any problems or inconveniences to customers.
This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not corpseed, and have not been evaluated by corpseed for accuracy, completeness, or changes in the law.
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