Legal Metrology Act Registration

Measurements are so much a part of our everyday lives that they are sometimes taken for granted and maybe not even considered by us. For instance, we track the speed at which we drive to ensure that we ride safely and thus minimize road accidents. To ensure that we stay safe, we undergo medical tests. We use time to make appointments on time, and satellite positioning systems to identify our location. We consume electricity, gas and water that are charged according to measurements, we purchase meat, fish, vegetables and fruit by weight, we fill our vehicles with fuel by volume, we have our cars tested to monitor the levels of exhaust emissions, and so forth.

Quite frequently, minor errors over a large number of measurements balance out in either direction. But biased mistakes may generate significant financial discrimination - for instance, incorrect oil measurements at any of the many transaction points from the oil well to the final customer can have severe economic implications.

Incorrect radiation doses in cancer care may have a critical impact on our health as a further illustration of the significance of calculation.

In all these situations, as well as where there is a need to protect both the buyer and the seller in a commercial transaction or when measurements are used to apply a penalty, regulation on measurements and measuring instruments is needed. By including metrology in their laws, virtually all countries have such security, hence the word "legal metrology."

Implementation of Legal Metrology Act

The Legal Metrology Act establishes and enforces weights and measurement standards and regulations or any aspects that are incidental to the same. Although there are different rules mentioned in the Act, one of the main parts of the Act relates to packaged commodities. For the maintenance of fair-trade practices and the protection of consumer rights, the Act sets out rules for the packaging of goods. It also outlines the standards for weight and measurement of packaged goods. What declaration should be made on the packaging and how, it is also mentioned in the act. The Act falls within the jurisdiction of the Department of Legal Metrology, which is under the responsibility of the Department of Consumer Affairs.

In view of the rapid development of science & technology and the globalization of economies, weighing and measuring techniques have been greatly improved and the range of weights & measures has been expanded. The Legal Metrology Act, 2009 was implemented on 1-4-2011 with a view to defining the Weights & Measures standards, controlling trade in Weights & Measures and other items that are marketed or distributed by weight, measure or number and for matters connected with or incidental to it.

The Standard of Weights and Measures Act, 1976 and the Standards of Weights and Measures (Enforcement) Act, 1985 were repealed and replaced by the Legal Metrology Act, 2009 (Act 1 of 2010). The date of 01.04.2011 from which the provisions of the Act will come into force has been designated by the central government.

Under the Legal Metrology Act, 2009 a Legal Metrology Certificate from the Metrology Department of Consumer Affairs is required for the selling or distribution of all packaged goods in India, such as export goods, food items, and consumer goods.  

Legal Metrology Department

The Department of Consumer Affairs include Legal Metrology department which was founded in 2009 and deals with the monitoring and regulation of the production, import and business of weighing and measuring instruments and devices. Under Legal Metrology, registration of a company as a manufacturer, importer or packer of weighing and measuring instruments and devices is mandatory. A standardized process for the registration of the business in question under Legal Metrology has been established by the government authorities.

Manufacturer, dealer, repairer or importer, anyone can apply for the license to the legal metrology department following the prescribed procedure. The procedure for procuring license for manufacturer, dealer and repairer and requisite documents are detailed below.

• Any person desiring to procure a license for manufacture of weights and measures shall apply in the format appended (LM-1).
  
• Initially, application shall be visible to district nodal officer and he would simply forward the same to the respective Local Senior Inspector/Inspector (Legal Metrology Officer) depending on address of location of firm.
• Local Senior Inspector/Inspector will conduct the inspection of the proposed premises by the applicant and would scrutinize the required documents, with the purpose to ascertain the capability and capacity to manufacture, and then will prepare a report and recommendation with the purpose to send it to the Controller (Licensing Authority) through Divisional Assistant Controllers along with the application.
• The Assistant Controllers, after scrutinizing the application, Local LMOs report and documents will forward it to the Controller along with the recommendations.
• Applicant shall remove query/objection, if raised by Local Inspector, Assistant Controller or Controller, which would be visible to applicant.
• The Controller, after scrutinizing the application and if finds it suitable for grant of License, would require the applicant to deposit the License fee of 500/- in the appropriate HEAD OF ACCOUNTS.
• After the depositing of fee and copy thereof in the Controller’s office, the license would be issued in the prescribed format.  

Manufacturer need following documents along with the application:

• Photographs, Identity and Address proof of the applicant/partners.
• Proof of the Date of Birth of applicant/partners.
• Ownership or tenancy document of the proposed premises.
• Partnership deed in case of partnership firms.
• Model approval certificate, granted by the Director, Legal Metrology, Govt. of India, if required under Legal Metrology General Rules, 2011 with respect to the proposed weighing and measuring instrument.
• NOC from pollution control Board, especially in Taj Trapezium zone.
• List of machinery and tools.
• Affidavit to state that applicant would adhere to the Legal provisions and the directions issued by the Controller.
• Affidavit to state that applicant had neither been punished by any Court nor is any criminal proceeding pending in any court.
• Registration document of factory/shop/establishment/municipal trade license, as the case may be.
• Copy of GST Registration.
• Copy of PAN

Procedure to be followed by the dealer of weights and measures is as under: -

• Any person desiring to procure a license for Dealer of weights and measures shall apply in the format appended (LD-1).
• Initially, application shall be accessible to the district nodal officer, who would then forward to the respective local senior inspector/inspector according to the location and address of the company (Legal Metrology Officer).
• Local Senior Inspector/Inspector will inspect the applicant's proposed premises and also the documents and prepare a report and send it to the Assistant Controller along with the application and recommendation (Licensing Authority under delegated powers).
• In the event of any substantive shortcomings in the application, the Local Inspector or Assistant may raise a query/objection. Controller, which is noticeable to the applicant who removes it.
• The Assistant Controller may require the applicant to deposit the license fee of 100/- in the appropriate HEAD OF ACCOUNTS after reviewing the application and considering it appropriate for the grant of the license.
• Once the fee is paid and a copy of it is obtained at the office of the Assistant Controller, the license will be issued in the specified format.

Dealer needs following documents along with the application:

• Photograph, Identity and Address proof of the applicant.
• Proof of the Date of Birth of applicant
• Ownership or tenancy document of the proposed premises.
• Partnership deed in case of partnership firms.
• Affidavit to state that applicant would abide by the Legal provisions and the directions issued by the Controller.
• Affidavit to state that applicant had neither been punished by any Court nor is any criminal proceeding pending in any Court.
• Registration document of shop/establishment/municipal trade license, as the case may be.
• Copy of GST Registration.
• Copy of PAN.
• to be followed by repairer is as under: -
• Any person wishing to obtain a Weight and Measure Repairer license can apply in the format appended (LR-1).
• Application to be initially accessible to the district nodal officer, who would simply forward to the respective local senior inspector/inspector based on the company location address (Legal Metrology Officer).
• Local Senior Inspector/Inspector shall carry out the inspection of the applicant's proposed premises and also the documents and prepare a report and send it to the Assistant Controller along with the application and recommendation (Licensing Authority under delegated powers).
• The Assistant Controller, after examining the application, report by local LMO and documents, finding prima facie case suitable to grant the license, would constitute a committee of three members to scrutinize and test the capability and competence of the applicant to repair the weights and measure, accordingly the committee shall prepare a report and will then forward it to the Assistant Controller.
• Applicant shall remove any query/objection if raised by Local Inspector or Assistant Controller, which would be visible to applicant.
• The Assistant Controller, after scrutinizing the application and if finds it suitable, would grant license and would require the applicant to deposit the License fee of Rs. 100/- in the appropriate HEAD OF ACCOUNTS.
• After depositing of fee and its copy thereof in the Assistant Controller’s office, he will issue the license in the prescribed format.
• In case of repairing license sought for the entire State, the application has to be sent to the Controller (Licensing authority) through divisional Assistant Controller.

Documents required by the repairer along with the application are as follows: -

• Photograph, Identity and Address proof of the applicant.
• Proof of the Date of Birth of applicant.
• Ownership or tenancy document of the proposed premises.
• Partnership deed in case of partnership firms.
• Document regarding the qualification, in the case of electronic weighing machines.
• Experience certificate.
• Affidavit to state that applicant would abide by the Legal provisions and the directions issued by the Controller.
• Affidavit to state that applicant had neither been punished by any Court nor is any criminal proceeding pending in any Court.
• Registration document of shop/establishment/municipal trade license, as the case may be.
• List of Machinery and tools.
• Copy of PAN

Penalties for Non-Compliance of Legal Metrology Act Registration

Registration with the State Controller of Legal Metrology or the Director of Legal Metrology of producers, packers and importers is mandatory. Infringement of which will lead to a fine of Rs. 4000. If the standard units are not used for the declaration, a fine of Rs. 2000/-or 4000/-will be imposed depending on the case.

Penalties may be increased to Rs. 25,000/-for the first offense of non-declaration, Rs. 50,000/-for the second and may be extended to Rs. 100,000 or imprisonment or both for subsequent offences. For different offences, there are several other penalties specified under the act.

Bottom-Line

Legal metrology act and department are implemented to make sure that there is no fraudulent activity on part of anyone in regards of weights and measures. Government has to make sure that there isn’t any and in furtherance of this, legal metrology act and department came into force. Compliance with the legal metrology department is mandatory and the design of these registrations can be complicated and involve a lot of time and effort. Our Legal Metrology Consultants are qualified to direct you with their experience and information through this phase for this purpose.